NOTE: The governor signed this measure on 6/10/2016.
      
      
      SENATE BILL 16-116
      
      
      BY SENATOR(S) Johnston, Aguilar, Baumgardner, Cooke, Donovan,
      Guzman, Heath, Hill, Jahn, Jones, Kefalas, Kerr, Lundberg, Marble,
      Martinez Humenik, Merrifield, Neville T., Newell, Roberts, Scheffel, Scott,
      Steadman, Tate, Todd, Woods, Cadman;
      also REPRESENTATIVE(S) Lee and Lebsock, Kagan, Pabon, Ryden,
      Vigil, Young.
      
      
      Concerning the creation of an alternative simplified process for
           the sealing of criminal justice records other than
           convictions, 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, add 24-72-702.5 as
      follows:
      
           24-72-702.5.  Sealing criminal justice records other than
      convictions - simplified process - defendant option - processing fees. (1)
      In addition to the procedures in section 24-72-702, any time a case
      against a person in interest is completely dismissed, where the
      person in interest is acquitted, the person in interest completes a
      diversion agreement under section 18-1.3-101, C.R.S., or the person
      in interest completes a deferred judgment and sentence under
      section 18-1.3-102, C.R.S., the court shall give the defendant
      eligible to have his or her criminal justice records sealed the
      option of immediately moving to have his or her criminal justice
      records sealed. This motion may be informal and may be made in
      open court at the time of the dismissal of the case or the
      acquittal of the defendant. The motion may also be made by the
      defendant at a time subsequent to the dismissal or acquittal
      through the filing of a written motion. If the defendant moves
      under this subsection (1) to seal his or her criminal justice
      records under the expedited procedures of this section, the court
      shall promptly process the defendant's request to seal the
      criminal justice records within the criminal case without the
      filing of an independent civil action. When the court seals
      criminal justice records under this section the court shall
      provide a copy of the court's order to each custodian who may
      have custody of any of the records subject to the order. The
      person in interest may also provide a copy of the order to any
      other custodian of records subject to the order.
      
           (2) (a)  A person in interest moving to have his or her
      criminal justice records sealed under this section shall pay a
      processing fee of sixty-five dollars to cover the actual costs
      related to the sealing of the criminal justice records.
      
           (b)  The processing fees collected under paragraph (a) of
      this subsection (2) must be transmitted to the state treasurer and
      credited to the judicial stabilization cash fund created in section
      13-32-101 (6), C.R.S.
      
           SECTION 2.  Appropriation. (1)  For the 2016-17 state fiscal year,
      $178,173 is appropriated to the judicial department. This appropriation is
      from the judicial stabilization cash fund created in section 13-32-101 (6),
      C.R.S. To implement this act, the department may use this appropriation as
      follows:
      
           (a)  $159,361 for trial court programs, which amount is based on an
      assumption that the department will require an additional 3.5 FTE; and
      
           (b)  $18,812 for courthouse capital and infrastructure maintenance.
      
           SECTION 3.  Act subject to petition - effective date -
      applicability. (1)  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 10, 2016, if adjournment sine die is on May 11,
      2016); 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 2016 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to the sealing of criminal justice records on or
      after the applicable effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO