NOTE:  This bill has been prepared for the signature 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.
      
      
      HOUSE BILL 11-1051
      
      
      BY REPRESENTATIVE(S) Swerdfeger, Waller, Barker, Coram, Court,
      Duran, Fields, Gardner B., Kerr J., Labuda, Looper, Massey, Nikkel, Pace,
      Priola, Scott, Stephens, Vigil;
      also SENATOR(S) King S., Bacon, Boyd, Giron, Guzman, Jahn, Morse,
      Newell, Steadman, Williams S.
      
      
      Concerning clarification that a DNA sample expungement is never
           available for a felony conviction.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  16-23-105 (1) (a), Colorado Revised Statutes, is
      amended to read:
      
           16-23-105.  Expungement.  (1)  Except as provided in subsection
      (7) of this section, a person whose biological substance sample is collected
      pursuant to section 16-23-103 qualifies for expungement if:
      
           (a)  In the case of a sample collected based upon the filing of a
      charge or based upon a final court order, each felony charge stemming from
      the charges has, by final court order, been dismissed, resulted in an
      acquittal, or resulted in a conviction for an offense other than a felony
      offense; described in title 18, C.R.S.;
      
           SECTION 2.  Effective date - applicability.  This act shall take
      effect upon passage and shall apply to the biological substance sample of
      an individual who was charged with a felony offense on or after October 1,
      2010, and who was convicted on or after the effective date of this act.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO