Text of CO HB 1138 (2017)

First Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED LLS NO. 17-0363.01 Richard Sweetman x4333 HOUSE BILL 17-1138 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE REPORTING OF HATE CRIMES BY LAW ENFORCEMENT 101 AGENCIES. 102 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 requires the division of criminal justice within the department of public safety, on or before July 1, 2019, and on or before July 1 of each year thereafter, to: ! Review reports provided by each law enforcement agency in the state to the Colorado bureau of investigation; ! Determine whether each law enforcement agency is HOUSE SPONSORSHIP Salazar, Herod, Rosenthal, Esgar, Melton, Jackson, Pabon, Gray, Ginal, Mitsch Bush, Valdez, Hansen, Buckner, Coleman, Danielson, Exum, Hooton, Lontine, McLachlan, Michaelson Jenet, Pettersen, Winter SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. accurately reporting hate crimes occurring within the agency's jurisdiction; and ! Report such information to the general assembly. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add 24-33.5-520 as 2 follows: 3 24-33.5-520. Hate crime reporting - definition. (1) ON OR 4 BEFORE JULY 1, 2019, AND ON OR BEFORE JULY 1 OF EACH YEAR 5 THEREAFTER, THE DIVISION SHALL REVIEW THE REPORTS PROVIDED BY 6 EACH LAW ENFORCEMENT AGENCY IN THE STATE TO THE COLORADO 7 BUREAU OF INVESTIGATION, PURSUANT TO SECTION 24-33.5-412 (5), 8 DURING THE PREVIOUS YEAR AND DETERMINE WHETHER EACH LAW 9 ENFORCEMENT AGENCY IS ACCURATELY REPORTING HATE CRIMES 10 OCCURRING WITHIN THE AGENCY'S JURISDICTION. THE DEPARTMENT OF 11 PUBLIC SAFETY SHALL INCLUDE SUCH INFORMATION WITHIN ITS ANNUAL 12 PRESENTATION TO THE COMMITTEES OF REFERENCE PURSUANT TO SECTION 13 2-7-203. 14 (2) AS USED IN THIS SECTION, "HATE CRIME" MEANS A HATE CRIME, 15 AS DESCRIBED IN THE FEDERAL "HATE CRIMES STATISTICS ACT", 28 16 U.S.C. SEC. 534, AS AMENDED, OR A BIAS-MOTIVATED CRIME, AS 17 DESCRIBED IN SECTION 18-9-121. 18 SECTION 2. Act subject to petition - effective date. This act 19 takes effect at 12:01 a.m. on the day following the expiration of the 20 ninety-day period after final adjournment of the general assembly (August 21 9, 2017, if adjournment sine die is on May 10, 2017); except that, if a 22 referendum petition is filed pursuant to section 1 (3) of article V of the 23 state constitution against this act or an item, section, or part of this act 24 HB17-1138 -2- within such period, then the act, item, section, or part will not take effect 1 unless approved by the people at the general election to be held in 2 November 2018 and, in such case, will take effect on the date of the 3 official declaration of the vote thereon by the governor. 4 HB17-1138 -3-

HOUSE BILL 17-1138 BY REPRESENTATIVE(S) Salazar, Herod, Rosenthal, Esgar, Melton, Jackson, Pabon, Gray, Ginal, Mitsch Bush, Valdez, Hansen, Buckner, Coleman, Danielson, Exum, Hooton, Lontine, McLachlan, Michaelson Jenet, Pettersen, Winter, Arndt, Becker K., Benavidez, Bridges, Foote, Garnett, Hamner, Kennedy, Lebsock, Lee, Singer, Weissman, Young, Duran; also SENATOR(S) Williams A., Aguilar, Court, Donovan, Fenberg, Garcia, Guzman, Jahn, Jones, Kagan, Kefalas, Kerr, Merrifield, Moreno, Todd, Zenzinger. CONCERNING THE REPORTING OF HATE CRIMES BY LAW ENFORCEMENT AGENCIES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that there is a pressing need in today's society, with hate groups, both domestic and foreign, threatening the safety, security, and democratic values of the United States of America to track hate groups. (2) Now, therefore, the general assembly declares that beginning in 2018, and every year thereafter, the department of public safety shall include as part of its "State Measurement for Accountable, Responsive, 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 indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. Transparent (SMART) Government Act" hearing required by section 2-7-203, Colorado Revised Statutes, information concerning the reports submitted by law enforcement agencies, including but not limited to information concerning reports of bias-motivated crimes. SECTION 2. In Colorado Revised Statutes, 24-33.5-412, amend (5) 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. (5) (a) To assist the bureau in its operation of the uniform crime reporting program, every law enforcement agency in this state shall furnish such information to the bureau concerning crimes, arrests, and stolen and recovered property as is necessary for uniform compilation of statewide reported crime, arrest, and recovered property statistics. In cases involving child abuse or sexual assault on a child and in all other cases involving murder, sexual assault, or robbery, the law enforcement agency shall furnish information to the bureau concerning the modus operandi of such crimes in order to facilitate the identification of cross-jurisdictional offenders. Information required to be submitted pursuant to this section shall be submitted in a form specified by the bureau; except that the bureau shall adopt a form and reporting standards consistent with the development of the strategic plan for an integrated criminal justice information system, in accordance with article 20.5 of title 16, C.R.S., that shall be consistent with applicable federal and state laws and regulations such as the national criminal justice information system standards. The cost to the law enforcement agency of furnishing such information shall be reimbursed out of appropriations made therefor by the general assembly; except that the general assembly shall make no such reimbursement if said cost was incurred in a fiscal year during which the Colorado crime information center was funded exclusively by state or federal funds. (b) BEGINNING IN 2018, AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE AS PART OF ITS "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING REQUIRED BY SECTION 2-7-203 INFORMATION CONCERNING THE REPORTS SUBMITTED BY LAW ENFORCEMENT AGENCIES PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION, INCLUDING BUT NOT LIMITED TO PAGE 2-HOUSE BILL 17-1138 INFORMATION CONCERNING REPORTS OF BIAS-MOTIVATED CRIMES, AS DESCRIBED IN SECTION 18-9-121. SECTION 3. 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 (August 9, 2017, if adjournment sine die is on May 10, 2017); 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 PAGE 3-HOUSE BILL 17-1138 approved by the people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ Crisanta Duran Kevin J. Grantham SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Effie Ameen CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 4-HOUSE BILL 17-1138