Colorado 2024 Regular Session

Colorado Senate Bill SB003 Latest Draft

Bill / Enrolled Version Filed 05/05/2024

                            SENATE BILL 24-003
BY SENATOR(S) Sullivan, Bridges, Cutter, Exum, Fields, Gonzales,
Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet,
Mullica, Rodriguez, Winter F., Zenzinger, Fenberg;
also REPRESENTATIVE(S) Froelich and Duran, Bird, Boesenecker,
Brown, Daugherty, deGruy Kennedy, Hamrick, Jodeh, Kipp, Lindsay,
Lindstedt, Parenti, Valdez, Weissman, Woodrow, McCluskie.
C
ONCERNING THE AUTHORITY OF THE COLORADO BUREAU OF
INVESTIGATION TO INVESTIGATE ILLEGAL ACTIVITY INVOLVING
FIREARMS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.  Legislative intent - legislative findings. (1)  It is the
intent of the general assembly that the Colorado bureau of investigation
investigate:
(a)  Egregious attempts to purchase firearms by previously convicted
felons who are identified through the Instacheck unit denial process;
(b)  Unlawful activity involving illegal firearm components and
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. accessories; and
(c)  Tips and information relating to firearms violations as they are
received, specifically focusing on straw purchases and personally
manufactured firearms, commonly known as ghost guns.
(2) (a)  The general assembly finds that the Colorado bureau of
investigation has operated in partnership with local law enforcement
agencies on criminal investigations and that the bureau maintains a robust
operating directive that outlines how investigators will, as soon as
practicable after an investigation begins, communicate with local law
enforcement agencies to determine the nature and extent of a
firearm-related investigation.
(b)  The general assembly intends that the Colorado bureau of
investigation communicate with local law enforcement and the local district
attorney in the jurisdiction where the bureau is conducting an investigation
into illegal activity involving firearms.
SECTION 2. In Colorado Revised Statutes, 24-33.5-412, amend
(1)(r); and add (1)(t) and (10) as follows:
24-33.5-412.  Functions of bureau - legislative review -
interagency cooperation with reporting functions - processing time for
criminal history record checks - computer crime - synthetic
cannabinoids enforcement. (1)  The bureau has the following authority:
(r)  To conduct criminal history records checks pursuant to section
24-72-305.3; and
(t)  TO INVESTIGATE THROUGHOUT THE STATE CRIMINAL ACTIVITY
INVOLVING FIREARMS DESCRIBED IN ARTICLE 
12 OF TITLE 18, INCLUDING
INVESTIGATING ILLEGAL FIREARM TRANSFERS AND ATTEMPTS
, AS DESCRIBED
IN SECTION 
18-2-101, TO ILLEGALLY OBTAIN A FIREARM. THE BUREAU SHALL
COMMUNICATE WITH THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY
TO DECONFLICT INVESTIGATIVE OPERATIONS AND DETERMINE
INVESTIGATIVE RESPONSIBILITIES PRIOR TO TAKING INVESTIGATIVE OR
ENFORCEMENT ACTION AND SHALL COLLABORATE WITH THE LOCAL DISTRICT
ATTORNEY IN THE JURISDICTION WHERE THE BUREAU IS CONDUCTING AN
INVESTIGATION IN THE BEGINNING STAGES OF THE INVESTIGATION
. THIS
PAGE 2-SENATE BILL 24-003 SUBSECTION (1)(t) DOES NOT AUTHORIZE THE BUREAU TO INVESTIGATE
OTHER CRIMINAL ACTIVITY ENCOUNTERED DURING A FIREARMS
-RELATED
INVESTIGATION WITHOUT CONSENT FROM
, OR IN COLLABORATION WITH, THE
LOCAL LAW ENFORCEMENT AGENCY AS REQUIRED BY LAW
.
(10)  A
N AGENT OR OTHER EMPLOYEE OF THE BUREAU WHO IS A
PEACE OFFICER SHALL WEAR AND ACTIVATE A BODY
-WORN CAMERA IN
ACCORDANCE WITH SECTION 
24-31-902 WHEN CONDUCTING ANY
PUBLIC
-FACING PART OF AN INVESTIGATION PURSUANT TO SUBSECTION (1)(t)
OF THIS SECTION.
SECTION 3. Appropriation. (1)  For the 2024-25 state fiscal year,
$1,477,127 is appropriated to the department of public safety. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a)  $1,079,356 for use by the Colorado bureau of investigation for
personal services related to laboratory and investigative services, which
amount is based on an assumption that the bureau will require an additional
10.1 FTE;
(b)  $351,068 for use by the Colorado bureau of investigation for
operating costs related to laboratory and investigative services; and
(c)  $46,703 for use by the executive director's office for leased
space.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 3-SENATE BILL 24-003 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
PAGE 4-SENATE BILL 24-003 ____________________________  ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 24-003