NOTE: The governor signed this measure on 4/23/2012.
      
      
      HOUSE BILL 12-1228
      
      
      BY REPRESENTATIVE(S) DelGrosso, McCann, Conti, Court, Fields,
      Hamner, Kerr A., Kerr J., Labuda, Massey, Nikkel, Schafer S., Scott,
      Stephens, Todd, Wilson, Young;
      also SENATOR(S) Steadman, Newell, White, Williams S.
      
      
      Concerning criminal background checks for neighborhood youth
           organizations seeking to obtain a license.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 26-6-103.7, amend (4)
      as follows:
      
           26-6-103.7.  Application of part - neighborhood youth
      organizations - licensing - duties and responsibilities - definitions. (4)  A
      licensed neighborhood youth organization shall require all employees and
      volunteers who work directly with or will work directly with youth
      members five or more days in a calendar month to obtain, prior to
      employment, a fingerprint-based criminal history records check utilizing the
      Colorado bureau of investigation and, as of August 10, 2011, for any new
      applicant or newly hired employee, the federal bureau of investigation and
      request the state department to ascertain whether the person being
      investigated has been convicted of felony child abuse as specified in section
      18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior
      as defined in section 16-22-102 (9), C.R.S. The neighborhood youth
      organization shall not hire a person as an employee or approve a person as
      a volunteer after confirmation of such a criminal history. and every two
      years thereafter, one of the following:
      
           (a)  A fingerprint-based criminal history records check
      utilizing the Colorado bureau of investigation and request the
      state department to ascertain whether the person being
      investigated has been convicted of felony child abuse as specified
      in section 18-6-401, C.R.S., or a felony offense involving unlawful
      sexual behavior as defined in section 16-22-102 (9), C.R.S. The
      neighborhood youth organization shall not hire a person as an
      employee or approve a person as a volunteer after confirmation
      of such a criminal history.
      
           (b)  A federal bureau of investigation fingerprint-based
      criminal history records check utilizing the Colorado bureau of
      investigation if the employee, volunteer, or applicant has resided
      in the state of Colorado less than two years. The neighborhood
      youth organization shall request the state department to
      ascertain whether the person being investigated has been
      convicted of felony child abuse as specified in section 18-6-401,
      C.R.S., or a felony offense involving unlawful sexual behavior as
      defined in section 16-22-102 (9), C.R.S. The neighborhood youth
      organization shall not hire a person as an employee or approve a
      person as a volunteer after confirmation of such a criminal
      history.
      
           (c)  A comparison search by the state department on the
      ICON system of the state judicial department or a comparison
      search on any other database that is recognized on a statewide
      basis by using the name, date of birth, and social security number
      information that the state department determines is appropriate
      to determine whether the person being investigated has been
      convicted of felony child abuse as specified in section 18-6-401,
      C.R.S., or a felony offense involving unlawful sexual behavior as
      defined in section 16-22-102 (9), C.R.S. The neighborhood youth
      organization shall not hire a person as an employee or approve a
      person as a volunteer after confirmation of such a criminal
      history.
      
           (d)  A separate background check by a private entity
      regulated as a consumer reporting agency pursuant to 15 U.S.C.
      sec. 1681 et seq. that shall disclose, at a minimum, sexual
      offenders and felony convictions and include a social security
      number trace, a national criminal file check, and a state or
      county criminal file search. The separate background check shall
      ascertain whether the person being investigated has been
      convicted of felony child abuse as specified in section 18-6-401,
      C.R.S., or a felony offense involving unlawful sexual behavior as
      defined in section 16-22-102 (9), C.R.S. The neighborhood youth
      organization shall not hire a person as an employee or approve a
      person as a volunteer after confirmation of such a criminal
      history.
      
           SECTION 2.  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