Colorado 2024 2024 Regular Session

Colorado Senate Bill SB003 Amended / Bill

Filed 04/29/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0780.01 Conrad Imel x2313
SENATE BILL 24-003
Senate Committees House Committees
Judiciary Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE AUTHORITY OF THE COLORADO BUREAU OF101
INVESTIGATION TO INVESTIGATE ILLEGAL ACTIVITY INVOLVING102
FIREARMS, AND, IN CONNECTION THEREWITH , MAKING AN103
APPROPRIATION.104
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill authorizes the Colorado bureau of investigation (bureau)
to investigate illegal activity involving firearms statewide. The bill
appropriates $1,690,258 to the department of public safety for the bureau
HOUSE
3rd Reading Unamended
April 29, 2024
HOUSE
Amended 2nd Reading
April 26, 2024
SENATE
3rd Reading Unamended
March 15, 2024
SENATE
Amended 2nd Reading
March 13, 2024
SENATE SPONSORSHIP
Sullivan, Bridges, Cutter, Exum, Fenberg, Fields, Gonzales, Hansen, Hinrichsen, Jaquez
Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Rodriguez, Winter F., Zenzinger
HOUSE SPONSORSHIP
Froelich and Duran, Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy, Hamrick,
Jodeh, Kipp, Lindsay, Lindstedt, McCluskie, Parenti, Valdez, Weissman, Woodrow
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. to conduct the investigations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative intent - legislative findings. (1)  It is2
the intent of the general assembly that the Colorado bureau of3
investigation investigate:4
(a)  Egregious attempts to purchase firearms by previously5
convicted felons who are identified through the Instacheck unit denial process;6
(b)  Unlawful activity involving illegal firearm components and7
accessories; and8
(c)  Tips and information relating to firearms violations as they are9
received, specifically focusing on straw purchases and personally10
manufactured firearms, commonly known as ghost guns.11
(2) (a)  The general assembly finds that the Colorado bureau of12
investigation has operated in partnership with local law enforcement13
agencies on criminal investigations and that the bureau maintains a robust14
operating directive that outlines how investigators will, as soon as15
practicable after an investigation begins, communicate with local law16
enforcement agencies to determine the nature and extent of a17
firearm-related investigation.18
(b)  The general assembly intends that the Colorado bureau of19
investigation communicate with local law enforcement and the local20
district attorney in the jurisdiction where the bureau is conducting an21
investigation into illegal activity involving firearms.22
SECTION 2. In Colorado Revised Statutes, 24-33.5-412, amend23
(1)(r); and add (1)(t) and (10) as follows:24
24-33.5-412.  Functions of bureau - legislative review -25
003-2- interagency cooperation with reporting functions - processing time1
for criminal history record checks - computer crime - synthetic2
cannabinoids enforcement. (1)  The bureau has the following authority:3
(r)  To conduct criminal history records checks pursuant to section4
24-72-305.3; and5
(t)  T
O INVESTIGATE THROUGHOUT THE STATE CRIMINAL ACTIVITY
6
INVOLVING FIREARMS DESCRIBED IN ARTICLE 12 OF TITLE 18, INCLUDING7
INVESTIGATING ILLEGAL FIREARM TRANSFERS AND ATTEMPTS , AS8
DESCRIBED IN SECTION 18-2-101, TO ILLEGALLY OBTAIN A FIREARM. THE9
BUREAU SHALL COMMUNICATE WITH THE APPROPRIATE LOCAL LAW10
ENFORCEMENT AGENCY TO DECONFLICT INVESTIGATIVE OPERATIONS AND11
DETERMINE INVESTIGATIVE RESPONSIBILITIES PRIOR TO TAKING12
INVESTIGATIVE OR ENFORCEMENT ACTION AND SHALL COLLABORATE WITH13
THE LOCAL DISTRICT ATTORNEY IN THE JURISDICTION WHERE THE BUREAU14
IS CONDUCTING AN INVESTIGATION IN THE BEGINNING STAGES OF THE15
INVESTIGATION. THIS SUBSECTION (1)(t) DOES NOT AUTHORIZE THE16
BUREAU TO INVESTIGATE OTHER CRIMINAL ACTIVITY ENCOUNTERED17
DURING A FIREARMS-RELATED INVESTIGATION WITHOUT CONSENT FROM ,18
OR IN COLLABORATION WITH, THE LOCAL LAW ENFORCEMENT AGENCY AS19
REQUIRED BY LAW.20
(10) AN AGENT OR OTHER EMPLOYEE OF THE BUREAU WHO IS A21
PEACE OFFICER SHALL WEAR AND ACTIVATE A BODY-WORN CAMERA IN22
ACCORDANCE WITH SECTION 24-31-902 WHEN CONDUCTING ANY23
PUBLIC-FACING PART OF AN INVESTIGATION PURSUANT TO SUBSECTION24
(1)(t) OF THIS SECTION.25
SECTION 3. Appropriation. (1)  For the 2024-25 state fiscal26
year, $1,477,127 is appropriated to the department of public safety. This27
003
-3- appropriation is from the general fund. To implement this act, the1
department may use this appropriation as follows:2
(a)  $1,079,356 for use by the Colorado bureau of investigation for3
personal services related to laboratory and investigative services, which4
amount is based on an assumption that the bureau will require an5
additional 10.1 FTE;6
(b)  $351,068 for use by the Colorado bureau of investigation for7
operating costs related to laboratory and investigative services; and8
(c)  $46,703 for use by the executive director's office for leased9
space.10
SECTION 4. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2024 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
003
-4-