Colorado 2024 Regular Session

Colorado Senate Bill SB003 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0780.01 Conrad Imel x2313
1	8		SENATE BILL 24-003
2		-	BY SENATOR(S) Sullivan, Bridges, Cutter, Exum, Fields, Gonzales,
3		-	Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet,
4		-	Mullica, Rodriguez, Winter F., Zenzinger, Fenberg;
5		-	also REPRESENTATIVE(S) Froelich and Duran, Bird, Boesenecker,
6		-	Brown, Daugherty, deGruy Kennedy, Hamrick, Jodeh, Kipp, Lindsay,
7		-	Lindstedt, Parenti, Valdez, Weissman, Woodrow, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING THE AUTHORITY OF THE COLORADO BUREAU OF
10		-	INVESTIGATION TO INVESTIGATE ILLEGAL ACTIVITY INVOLVING
11		-	FIREARMS
12		-	, AND, IN CONNECTION THEREWITH , MAKING AN
13		-	APPROPRIATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative intent - legislative findings. (1) It is the
18		-	intent of the general assembly that the Colorado bureau of investigation
19		-	investigate:
20		-	(a) Egregious attempts to purchase firearms by previously convicted
21		-	felons who are identified through the Instacheck unit denial process;
22		-	(b) Unlawful activity involving illegal firearm components and
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. accessories; and
31		-	(c) Tips and information relating to firearms violations as they are
32		-	received, specifically focusing on straw purchases and personally
33		-	manufactured firearms, commonly known as ghost guns.
34		-	(2) (a) The general assembly finds that the Colorado bureau of
35		-	investigation has operated in partnership with local law enforcement
36		-	agencies on criminal investigations and that the bureau maintains a robust
37		-	operating directive that outlines how investigators will, as soon as
38		-	practicable after an investigation begins, communicate with local law
39		-	enforcement agencies to determine the nature and extent of a
40		-	firearm-related investigation.
41		-	(b) The general assembly intends that the Colorado bureau of
42		-	investigation communicate with local law enforcement and the local district
43		-	attorney in the jurisdiction where the bureau is conducting an investigation
44		-	into illegal activity involving firearms.
45		-	SECTION 2. In Colorado Revised Statutes, 24-33.5-412, amend
46		-	(1)(r); and add (1)(t) and (10) as follows:
47		-	24-33.5-412. Functions of bureau - legislative review -
48		-	interagency cooperation with reporting functions - processing time for
49		-	criminal history record checks - computer crime - synthetic
50		-	cannabinoids enforcement. (1) The bureau has the following authority:
51		-	(r) To conduct criminal history records checks pursuant to section
52		-	24-72-305.3; and
53		-	(t) TO INVESTIGATE THROUGHOUT THE STATE CRIMINAL ACTIVITY
54		-	INVOLVING FIREARMS DESCRIBED IN ARTICLE
55		-	12 OF TITLE 18, INCLUDING
56		-	INVESTIGATING ILLEGAL FIREARM TRANSFERS AND ATTEMPTS
57		-	, AS DESCRIBED
58		-	IN SECTION
59		-	18-2-101, TO ILLEGALLY OBTAIN A FIREARM. THE BUREAU SHALL
60		-	COMMUNICATE WITH THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY
61		-	TO DECONFLICT INVESTIGATIVE OPERATIONS AND DETERMINE
62		-	INVESTIGATIVE RESPONSIBILITIES PRIOR TO TAKING INVESTIGATIVE OR
63		-	ENFORCEMENT ACTION AND SHALL COLLABORATE WITH THE LOCAL DISTRICT
64		-	ATTORNEY IN THE JURISDICTION WHERE THE BUREAU IS CONDUCTING AN
65		-	INVESTIGATION IN THE BEGINNING STAGES OF THE INVESTIGATION
66		-	. THIS
67		-	PAGE 2-SENATE BILL 24-003 SUBSECTION (1)(t) DOES NOT AUTHORIZE THE BUREAU TO INVESTIGATE
68		-	OTHER CRIMINAL ACTIVITY ENCOUNTERED DURING A FIREARMS
69		-	-RELATED
70		-	INVESTIGATION WITHOUT CONSENT FROM
71		-	, OR IN COLLABORATION WITH, THE
72		-	LOCAL LAW ENFORCEMENT AGENCY AS REQUIRED BY LAW
73		-	.
74		-	(10) A
75		-	N AGENT OR OTHER EMPLOYEE OF THE BUREAU WHO IS A
76		-	PEACE OFFICER SHALL WEAR AND ACTIVATE A BODY
77		-	-WORN CAMERA IN
78		-	ACCORDANCE WITH SECTION
79		-	24-31-902 WHEN CONDUCTING ANY
80		-	PUBLIC
81		-	-FACING PART OF AN INVESTIGATION PURSUANT TO SUBSECTION (1)(t)
82		-	OF THIS SECTION.
83		-	SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
84		-	$1,477,127 is appropriated to the department of public safety. This
85		-	appropriation is from the general fund. To implement this act, the
86		-	department may use this appropriation as follows:
87		-	(a) $1,079,356 for use by the Colorado bureau of investigation for
88		-	personal services related to laboratory and investigative services, which
89		-	amount is based on an assumption that the bureau will require an additional
90		-	10.1 FTE;
91		-	(b) $351,068 for use by the Colorado bureau of investigation for
92		-	operating costs related to laboratory and investigative services; and
93		-	(c) $46,703 for use by the executive director's office for leased
94		-	space.
95		-	SECTION 4. Act subject to petition - effective date. This act
96		-	takes effect at 12:01 a.m. on the day following the expiration of the
97		-	ninety-day period after final adjournment of the general assembly; except
98		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
99		-	of the state constitution against this act or an item, section, or part of this act
100		-	within such period, then the act, item, section, or part will not take effect
101		-	unless approved by the people at the general election to be held in
102		-	PAGE 3-SENATE BILL 24-003 November 2024 and, in such case, will take effect on the date of the official
103		-	declaration of the vote thereon by the governor.
104		-	PAGE 4-SENATE BILL 24-003 ____________________________ ____________________________
105		-	Steve Fenberg Julie McCluskie
106		-	PRESIDENT OF SPEAKER OF THE HOUSE
107		-	THE SENATE OF REPRESENTATIVES
108		-	____________________________ ____________________________
109		-	Cindi L. Markwell Robin Jones
110		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
111		-	THE SENATE OF REPRESENTATIVES
112		-	APPROVED________________________________________
113		-	(Date and Time)
114		-	_________________________________________
115		-	Jared S. Polis
116		-	GOVERNOR OF THE STATE OF COLORADO
117		-	PAGE 5-SENATE BILL 24-003
	14	+	ONCERNING THE AUTHORITY OF THE COLORADO BUREAU OF101
	15	+	INVESTIGATION TO INVESTIGATE ILLEGAL ACTIVITY INVOLVING102
	16	+	FIREARMS, AND, IN CONNECTION THEREWITH , MAKING AN103
	17	+	APPROPRIATION.104
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill authorizes the Colorado bureau of investigation (bureau)
	26	+	to investigate illegal activity involving firearms statewide. The bill
	27	+	appropriates $1,690,258 to the department of public safety for the bureau
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 29, 2024
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	April 26, 2024
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	March 15, 2024
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	March 13, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Sullivan, Bridges, Cutter, Exum, Fenberg, Fields, Gonzales, Hansen, Hinrichsen, Jaquez
	42	+	Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Rodriguez, Winter F., Zenzinger
	43	+	HOUSE SPONSORSHIP
	44	+	Froelich and Duran, Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy, Hamrick,
	45	+	Jodeh, Kipp, Lindsay, Lindstedt, McCluskie, Parenti, Valdez, Weissman, Woodrow
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. to conduct the investigations.
	49	+	Be it enacted by the General Assembly of the State of Colorado:1
	50	+	SECTION 1. Legislative intent - legislative findings. (1) It is2
	51	+	the intent of the general assembly that the Colorado bureau of3
	52	+	investigation investigate:4
	53	+	(a) Egregious attempts to purchase firearms by previously5
	54	+	convicted felons who are identified through the Instacheck unit denial process;6
	55	+	(b) Unlawful activity involving illegal firearm components and7
	56	+	accessories; and8
	57	+	(c) Tips and information relating to firearms violations as they are9
	58	+	received, specifically focusing on straw purchases and personally10
	59	+	manufactured firearms, commonly known as ghost guns.11
	60	+	(2) (a) The general assembly finds that the Colorado bureau of12
	61	+	investigation has operated in partnership with local law enforcement13
	62	+	agencies on criminal investigations and that the bureau maintains a robust14
	63	+	operating directive that outlines how investigators will, as soon as15
	64	+	practicable after an investigation begins, communicate with local law16
	65	+	enforcement agencies to determine the nature and extent of a17
	66	+	firearm-related investigation.18
	67	+	(b) The general assembly intends that the Colorado bureau of19
	68	+	investigation communicate with local law enforcement and the local20
	69	+	district attorney in the jurisdiction where the bureau is conducting an21
	70	+	investigation into illegal activity involving firearms.22
	71	+	SECTION 2. In Colorado Revised Statutes, 24-33.5-412, amend23
	72	+	(1)(r); and add (1)(t) and (10) as follows:24
	73	+	24-33.5-412. Functions of bureau - legislative review -25
	74	+	003-2- interagency cooperation with reporting functions - processing time1
	75	+	for criminal history record checks - computer crime - synthetic2
	76	+	cannabinoids enforcement. (1) The bureau has the following authority:3
	77	+	(r) To conduct criminal history records checks pursuant to section4
	78	+	24-72-305.3; and5
	79	+	(t) T
	80	+	O INVESTIGATE THROUGHOUT THE STATE CRIMINAL ACTIVITY
	81	+	6
	82	+	INVOLVING FIREARMS DESCRIBED IN ARTICLE 12 OF TITLE 18, INCLUDING7
	83	+	INVESTIGATING ILLEGAL FIREARM TRANSFERS AND ATTEMPTS , AS8
	84	+	DESCRIBED IN SECTION 18-2-101, TO ILLEGALLY OBTAIN A FIREARM. THE9
	85	+	BUREAU SHALL COMMUNICATE WITH THE APPROPRIATE LOCAL LAW10
	86	+	ENFORCEMENT AGENCY TO DECONFLICT INVESTIGATIVE OPERATIONS AND11
	87	+	DETERMINE INVESTIGATIVE RESPONSIBILITIES PRIOR TO TAKING12
	88	+	INVESTIGATIVE OR ENFORCEMENT ACTION AND SHALL COLLABORATE WITH13
	89	+	THE LOCAL DISTRICT ATTORNEY IN THE JURISDICTION WHERE THE BUREAU14
	90	+	IS CONDUCTING AN INVESTIGATION IN THE BEGINNING STAGES OF THE15
	91	+	INVESTIGATION. THIS SUBSECTION (1)(t) DOES NOT AUTHORIZE THE16
	92	+	BUREAU TO INVESTIGATE OTHER CRIMINAL ACTIVITY ENCOUNTERED17
	93	+	DURING A FIREARMS-RELATED INVESTIGATION WITHOUT CONSENT FROM ,18
	94	+	OR IN COLLABORATION WITH, THE LOCAL LAW ENFORCEMENT AGENCY AS19
	95	+	REQUIRED BY LAW.20
	96	+	(10) AN AGENT OR OTHER EMPLOYEE OF THE BUREAU WHO IS A21
	97	+	PEACE OFFICER SHALL WEAR AND ACTIVATE A BODY-WORN CAMERA IN22
	98	+	ACCORDANCE WITH SECTION 24-31-902 WHEN CONDUCTING ANY23
	99	+	PUBLIC-FACING PART OF AN INVESTIGATION PURSUANT TO SUBSECTION24
	100	+	(1)(t) OF THIS SECTION.25
	101	+	SECTION 3. Appropriation. (1) For the 2024-25 state fiscal26
	102	+	year, $1,477,127 is appropriated to the department of public safety. This27
	103	+	003
	104	+	-3- appropriation is from the general fund. To implement this act, the1
	105	+	department may use this appropriation as follows:2
	106	+	(a) $1,079,356 for use by the Colorado bureau of investigation for3
	107	+	personal services related to laboratory and investigative services, which4
	108	+	amount is based on an assumption that the bureau will require an5
	109	+	additional 10.1 FTE;6
	110	+	(b) $351,068 for use by the Colorado bureau of investigation for7
	111	+	operating costs related to laboratory and investigative services; and8
	112	+	(c) $46,703 for use by the executive director's office for leased9
	113	+	space.10
	114	+	SECTION 4. Act subject to petition - effective date. This act11
	115	+	takes effect at 12:01 a.m. on the day following the expiration of the12
	116	+	ninety-day period after final adjournment of the general assembly; except13
	117	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V14
	118	+	of the state constitution against this act or an item, section, or part of this15
	119	+	act within such period, then the act, item, section, or part will not take16
	120	+	effect unless approved by the people at the general election to be held in17
	121	+	November 2024 and, in such case, will take effect on the date of the18
	122	+	official declaration of the vote thereon by the governor.19
	123	+	003
	124	+	-4-