Text of CO HB 1071 (2024)

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0486.01 Shelby Ross x4510 HOUSE BILL 24-1071 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING PERMITTING A NAME CHANGE FOR A PERSON CONVICTED 101 OF A FELONY TO CONFORM WITH THE PERSON'S GENDER 102 IDENTITY. 103 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.) Current law specifies the conditions a person must meet in order to change the person's name if the person was convicted of a felony. Among those conditions is that the person must show good cause to be able to change the person's name to a name different from the name the person was convicted under. HOUSE SPONSORSHIP Garcia, SENATE SPONSORSHIP (None), 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. The bill states that good cause includes changing the petitioner's name to conform with the petitioner's gender identity. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, 13-15-101, amend 2 (3) introductory portion and (3)(b) as follows: 3 13-15-101. Petition - proceedings - applicability. 4 (3) Notwithstanding the provisions of paragraph (b) of subsection (2) 5 SUBSECTION (2)(b) of this section, the court may grant a petition for a 6 change of name of FOR a petitioner who was previously convicted of a 7 felony in this state or any other state, or adjudicated a juvenile delinquent 8 for an offense that would constitute a felony if committed by an adult in 9 this state or any other state or under federal law, if the court finds that the 10 petitioner must have a legal name change in order to be issued FOR THE 11 DEPARTMENT OF REVENUE TO ISSUE A DRIVER'S LICENSE OR 12 IDENTIFICATION CARD in that name a driver's license or identification card 13 from the department of revenue and if all of the following requirements 14 are met: 15 (b) (I) The proposed name change is to a name under which the 16 petitioner was convicted or adjudicated; except that, for good cause, the 17 court may allow a change to a OF name other than a THE name under 18 which the petitioner was convicted or adjudicated; 19 (II) FOR THE PURPOSES OF THIS SUBSECTION (3)(b), GOOD CAUSE 20 INCLUDES CHANGING THE PETITIONER'S NAME TO CONFORM WITH THE 21 PETITIONER'S GENDER IDENTITY. 22 SECTION 2. Safety clause. The general assembly finds, 23 determines, and declares that this act is necessary for the immediate 24 preservation of the public peace, health, or safety or for appropriations for 25 HB24-1071 -2- the support and maintenance of the departments of the state and state 1 institutions. 2 HB24-1071 -3-

HOUSE BILL 24-1071 BY REPRESENTATIVE(S) Garcia, Bacon, Boesenecker, Clifford, deGruy Kennedy, Froelich, Hernandez, Herod, Joseph, Kipp, Lindsay, Mabrey, Marvin, Mauro, McCormick, Ortiz, Parenti, Rutinel, Sirota, Story, Titone, Velasco, Vigil, Weissman, Willford; also SENATOR(S) Michaelson Jenet and Priola, Bridges, Cutter, Gonzales, Hinrichsen, Jaquez Lewis. CONCERNING PERMITTING A NAME CHANGE FOR A PERSON CONVICTED OF A FELONY TO CONFORM WITH THE PERSON'S GENDER IDENTITY. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 13-15-101, amend (3) introductory portion and (3)(b) as follows: 13-15-101. Petition - proceedings - applicability. (3) Notwithstanding the provisions of paragraph (b) of subsection (2) SUBSECTION (2)(b) of this section, the court may grant a petition for a change of name of FOR a petitioner who was previously convicted of a felony in this state or any other state, or adjudicated a juvenile delinquent for an offense that would constitute a felony if committed by an adult in this state or any other state or under federal law, if the court finds that the 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. petitioner must have a legal name change in order to be issued FOR THE DEPARTMENT OF REVENUE TO ISSUE A DRIVER'S LICENSE OR IDENTIFICATION CARD in that name a driver's license or identification card from the department of revenue and if all of the following requirements are met: (b) (I) The proposed name change is to a name under which the petitioner was convicted or adjudicated; except that, for good cause, the court may allow a change to a OF name other than a THE name under which the petitioner was convicted or adjudicated; (II) FOR THE PURPOSES OF THIS SUBSECTION (3)(b), GOOD CAUSE INCLUDES CHANGING THE PETITIONER'S NAME TO CONFORM WITH THE PETITIONER'S GENDER IDENTITY. SECTION 2. In Colorado Revised Statutes, 13-15-102, amend (4) as follows: 13-15-102. Publication of change. (4) (a) A petitioner need not give public notice of a name change as required by subsection (1) of this section if the petitioner is changing the petitioner's name to conform with the petitioner's gender identity. (b) NOTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION, THE COURT MAY REQUIRE A PETITIONER TO GIVE PUBLIC NOTICE OF A NAME CHANGE PURSUANT TO SUBSECTION (1) OF THIS SECTION IF THE NAME CHANGE IS REQUESTED PURSUANT TO SECTION 13-15-101 (3)(b) AND IS FOR THE PURPOSE OF CHANGING THE PETITIONER'S NAME TO CONFORM WITH THE PETITIONER'S GENDER IDENTITY. SECTION 3. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for PAGE 2-HOUSE BILL 24-1071 the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ Julie McCluskie Steve Fenberg SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 3-HOUSE BILL 24-1071