Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0014.01 Brita Darling HOUSE BILL 10-1082 HOUSE SPONSORSHIP McNulty, SENATE SPONSORSHIP Penry, House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT Concerning disqualification from school employment for conviction of certain offenses, and, in connection therewith, enacting the "Felon-free Schools Act of 2010". 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://www.leg.state.co.us/billsummaries.) The bill enacts the "Felon-free Schools Act of 2010" (the act), which prohibits a school district or public school from employing as a nonlicensed employee a person who has a conviction for certain enumerated criminal offenses. The act also amends existing mandatory disqualifications for licensed educators to include any conviction for a felony drug offense. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. This act shall be known and may be cited as the "Felon-free Schools Act of 2010". SECTION 2. 22-32-109.8 (5), (6), (7), and (8) (a), Colorado Revised Statutes, are amended, and the said 22-32-109.8 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 22-32-109.8. Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database. (5) (a) A school district may employ any a person in a noncertificated nonlicensed position in such the school district prior to receiving the results regarding such the selected applicant's fingerprints; however: (I) The school district may terminate the person's employment of such person if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (1) of this section; and (II) The school district shall terminate the person's employment if the results disclose a conviction for an offense described in subsection (6.5) of this section. (b) The school district shall notify the proper district attorney of such inconsistent results as described in subparagraph (I) of paragraph (a) of this subsection (5) for purposes of action or possible prosecution. (6) (a) When any a school district finds good cause to believe that any nonlicensed personnel a nonlicensed person employed by such the school district has been convicted of any a felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction subsequent to such his or her employment, such the school district shall require such the person to submit to the school district a complete set of his or her fingerprints taken by a qualified law enforcement agency. Said The fingerprints shall be submitted within twenty days of after receipt of written notification from the school district. The school district shall forward the fingerprints of such the person to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. If the results of the fingerprint-based criminal history record check disclose a conviction for an offense described in subsection (6.5) of this section, the employing school district shall terminate the person's employment. (b) School districts shall not charge noncertificated nonlicensed personnel any fees for the direct and indirect costs of such the school district for fingerprint processing performed pursuant to the provisions of this subsection (6). (6.5) A person applying to a school district for, or employed in, a position of employment that does not require a license issued pursuant to article 60.5 of this title shall be disqualified from employment if: (a) The applicant or employee has been convicted of, or convicted of attempt, solicitation, or conspiracy to commit, one of the following offenses: (I) Felony child abuse, as specified in section 18-6-401, C.R.S.; (II) A crime of violence, as defined in section 18-1.3-406 (2), C.R.S.; (III) A felony involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; (IV) A felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; (V) A felony drug offense described in part 4 of article 18 of title 18, C.R.S.; (VI) Indecent exposure, as described in section 18-7-302, C.R.S.; or (VII) An offense in any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed in this state, would constitute an offense described in subparagraphs (I) to (VI) of this paragraph (a); (b) The applicant or employee, as a juvenile, pleaded nolo contendere or guilty to or was found guilty of an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., if committed by an adult; or (c) The applicant or employee fails to submit fingerprints on a timely basis following receipt of the written request from the school district pursuant to subsection (1) or (6) of this section. (7) For purposes of this section, a person is deemed to be convicted of committing a felony or misdemeanor as described in this section if such the person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be a felony or misdemeanor. (8) For purposes of this section: (a) "Convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a guilty plea accepted by a court, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court. SECTION 3. 22-30.5-110.7 (5), Colorado Revised Statutes, is amended to read: 22-30.5-110.7. Fingerprint-based criminal history record checks - charter school employees - procedures - definitions. (5) (a) A charter school may employ a person in the charter school prior to receiving the results of the person's fingerprint-based criminal history record check; except that: (I) The charter school may terminate the employment of the person if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (2) of this section; and (II) The charter school shall terminate the person's employment if the results disclose a conviction for an offense described in section 22-32-109.8 (6.5). (b) The charter school shall notify the proper district attorney of such inconsistent results as described in subparagraph (I) of paragraph (a) of this subsection (5) for purposes of action or possible prosecution. SECTION 4. 22-30.5-511.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-30.5-511.5. Background investigation - prohibition against employing persons - institute charter school employees' information provided to department. (2.5) An applicant for employment with, or an employee of, an institute charter school shall be disqualified from employment if the results of a fingerprint-based criminal history record check disclose a conviction for an offense described in section 22-32-109.8 (6.5). SECTION 5. 22-60.5-107 (2.5) (a) (I) (E), Colorado Revised Statutes, is amended, and the said 22-60.5-107 (2.5) (a) (I) is further amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH, to read: 22-60.5-107. Grounds for denying, annulling, suspending, or revoking license, certificate, endorsement, or authorization. (2.5) (a) A license, certificate, endorsement, or authorization shall be denied, annulled, suspended, or revoked in the manner prescribed in section 22-60.5-108, notwithstanding the provisions of subsection (1) of this section to the contrary, in the following circumstances: (I) When the applicant or holder is convicted of one of the following offenses: (D.5) A felony drug offense described in part 4 of article 18 of title 18, C.R.S.; (E) A felony offense in another state, the United States, or territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the elements of one of the offenses described in sub-subparagraphs (A) to (D) (D.5) of this subparagraph (I); SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.