NOTE: The governor signed this measure on 5/2/2014.
      
      
      SENATE BILL 14-027
      
      
      BY SENATOR(S) Guzman, King, Newell;
      also REPRESENTATIVE(S) Lee, Hullinghorst, Kagan, Primavera,
      Schafer.
      
      
      Concerning criminal history background checks for
           professionals who have the authority to appear in court,
           and, in connection therewith, making an appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, amend 12-5-101 as
      follows:
      
           12-5-101.  License to practice necessary. (1)  No person shall be
      permitted to practice as an attorney- or counselor-at-law or to commence,
      conduct, or defend any action, suit, or plaint in which he or she is not a
      party concerned in any court of record within this state, either by using or
      subscribing his or her own name or the name of any other person, without
      having previously obtained a license for that purpose from the supreme
      court. Said license shall constitute the person receiving the same an
      attorney- and counselor-at-law and shall authorize him to appear in all the
      courts of record in this state and there to practice as an attorney- and
      counselor-at-law according to the laws and customs thereof for and during
      his good behavior in said practice, and to demand and to receive all such
      fees as are established for any services which he renders as an attorney- and
      counselor-at-law in this state. Nothing in this section shall be construed to
      require membership in a professional organization or bar association as a
      prerequisite to licensure or other authorization to practice law
      pursuant to the supreme court's rules governing admission to the
      practice of law in Colorado.
      
           (2)  Upon request of the supreme court or its office of
      attorney regulation counsel, the Colorado bureau of
      investigation shall conduct a state and national
      fingerprint-based criminal history record check, utilizing
      records of the Colorado bureau of investigation and the federal
      bureau of investigation. Upon completion of the criminal history
      record check, the bureau shall provide the results to the
      requesting agency.
      
           (3)  Upon request of the supreme court or a representative
      of its office of attorney regulation counsel, the Colorado
      bureau of investigation shall also provide a name-based criminal
      history record check for any applicant whose fingerprints are
      unclassifiable.
      
           (4)  Local law enforcement agencies shall cooperate with
      any supreme court request for records related to criminal
      history.
      
           SECTION 2.  In Colorado Revised Statutes, 14-10-116.5, add (4)
      as follows:
      
           14-10-116.5.  Appointment in domestic relations cases - child
      and family investigator - disclosure. (4) (a)  Prior to being appointed
      as a child and family investigator, the person shall submit a
      complete set of his or her fingerprints to the judicial department
      for the purposes of a background check, and the judicial
      department shall determine based on the background check
      whether the person is suitable to act as a child and family
      investigator. The department shall forward such fingerprints 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.
      The department is the authorized agency to receive information
      regarding the result of a national fingerprint-based criminal
      history record check.
      
           (b)  Upon request of the department, the Colorado bureau
      of investigation shall also provide a name-based criminal history
      record check for any person whose fingerprints are
      unclassifiable.
      
           (c)  The applicant shall pay the cost associated with the
      background check.
      
           SECTION 3.  Appropriation. (1)  In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      Colorado bureau of investigation identification unit fund created in section
      24-33.5-426, Colorado Revised Statutes, not otherwise appropriated, to the
      department of public safety, for the fiscal year beginning July 1, 2014, the
      sum of $68,636 and 0.3 FTE, or so much thereof as may be necessary, to
      be allocated to the Colorado crime information center for criminal history
      record checks related to the  implementation of this act as follows:
      
           (a)  $14,916 and 0.3 FTE for personal services; and
      
           (b)  $53,720 for operating and capital outlay expenses.
      
           SECTION 4.  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.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO