Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0695.01 Michael Dohr x4347   HOUSE BILL 16-1115
                    HOUSE SPONSORSHIP
 Van Winkle,  Lundeen, Landgraf, Lawrence, Nordberg
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the prohibition of sealing municipal domestic
            violence convictions.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, conviction records related to municipal
       offenses are eligible for record sealing. The bill prohibits sealing a
       municipal assault or battery conviction or any other municipal conviction,
       if the conviction involves the underlying factual basis of domestic
       violence.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 24-72-708, amend
       (1) (a) (III) as follows:
            24-72-708.  Sealing of criminal conviction records information
       for petty offenses and municipal offenses for convictions. (1)  Sealing
       of conviction records. (a)  A defendant may petition the district court of
       the district in which any conviction records pertaining to the defendant
       for a petty offense or municipal violation are located for the sealing of the
       conviction records, except basic identifying information, if:
            (III) (A)  The conviction records to be sealed are not for a
       misdemeanor traffic offense committed either by a holder of a
       commercial learner's permit or a commercial driver's license, as defined
       in section 42-2-402, C.R.S., or by the operator of a commercial motor
       vehicle, as defined in section 42-2-402, C.R.S.; or
            (B)  Notwithstanding any other provision in this section,
       the conviction records to be sealed are not for a municipal
       assault or battery offense in which the underlying factual
       basis involves domestic violence, as defined in section 18-6-800.3
       (1), C.R.S., or any other municipal offense in which the
       underlying factual basis involves domestic violence, as defined
       in section 18-6-800.3 (1), C.R.S.
            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.