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-