NOTE: The governor signed this measure on 3/21/2014.
      
      
      HOUSE BILL 14-1172
      
      
      BY REPRESENTATIVE(S) Lawrence, Labuda, Schafer, Stephens;
      also SENATOR(S) Steadman, Guzman, Ulibarri, Carroll.
      
      
      Concerning exempting certain public safety departments from
           certain statutory requirements related to the impact of a
           criminal conviction on state employment opportunities.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-5-101, amend (1)
      (b) (VII), (3) (b), and (4) introductory portion; and add (6) as follows:
      
           24-5-101.  Effect of criminal conviction on employment rights.
      (1) (b)  This subsection (1) shall not apply to:
      
           (VII)  The employment of persons by the department of public safety
      and the department of corrections.
      
           (3) (b)  With the exception of the department of corrections
      and the department of public safety, the agency shall not perform a
      background check until the agency determines that an applicant is a finalist
      or makes a conditional offer of employment to the applicant.
      
           (4)  Except as provided in subsection (6) of this section, if,
      after determining that an applicant is a finalist or making a conditional offer
      of employment to an applicant, the agency determines that the applicant has
      been convicted of a crime, the agency shall consider the following factors
      when determining whether the conviction disqualifies the applicant for the
      position:
      
           (6)  If, at any stage in the hiring process, the department of
      corrections or the department of public safety determines that
      the applicant has been convicted of a crime, the department must
      consider the factors listed in paragraphs (a) to (d) of subsection
      (4) of this section when determining whether the conviction
      disqualifies the applicant for the position.
      
           SECTION 2.  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
      6, 2014, if adjournment sine die is on May 7, 2014); 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
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      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