First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0436.01 Beth Kane            HOUSE BILL 05-1013
                    HOUSE SPONSORSHIP
 Cloer 
 
                   SENATE SPONSORSHIP
 Tapia
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning fingerprint-based criminal history record
            checks for persons appointed by the court to represent
            certain vulnerable persons.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires a person who proposes to be appointed or confirmed by
       the court as a guardian or conservator of a minor, an incapacitated person,
       or a protected person to undergo fingerprint-based criminal history record
       checks prior to his or her appointment and to submit a copy of the
       fingerprint-based criminal history record checks to the court.  Requires
       the court to review the results of the fingerprint-based criminal history
       record checks to ascertain whether the proposed guardian or conservator
       has been convicted of a criminal offense or has a pattern of misdemeanor
       convictions that relate to the proposed guardian's or conservator's fitness
       to have responsibility for the safety and well-being of a minor, an
       incapacitated person, or a protected person.  Prohibits a court from
       appointing or confirming the appointment of a proposed guardian or
       conservator whose criminal history precludes the person's appointment
       from being in the best interests of the minor, incapacitated person, or
       protected person.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 14 of title 15, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            15-14-109.5.  State and national fingerprint-based criminal
       history record checks - guardians and conservators appointed by the
       court.  (1)  Prior to appointing a proposed guardian or
       conservator or confirming an appointee pursuant to the
       provisions of this article, the court shall require the proposed
       guardian or conservator to obtain fingerprint-based criminal
       history record checks through the Colorado bureau of
       investigation and the federal bureau of investigation.
            (2)  The proposed guardian or conservator shall be
       responsible for providing a complete set of his or her
       fingerprints to the Colorado bureau of investigation and to the
       federal bureau of investigation and for obtaining the
       fingerprint-based criminal history record checks.  The proposed
       guardian or conservator shall also be responsible for the cost
       of the criminal history record checks.
            (3)  The proposed guardian or conservator shall present
       the results of the fingerprint-based criminal history record
       checks conducted pursuant to subsection (2) of this section to
       the court at the time the proposed guardian or conservator
       seeks appointment or confirmation of appointment pursuant to
       the provisions of this article.
            (4)  The court shall review the results of the
       fingerprint-based criminal history record checks to ascertain
       whether the proposed guardian or conservator has been
       convicted of a criminal offense or has a pattern of misdemeanor
       convictions that relate to the proposed guardian's or
       conservator's fitness to have responsibility for the safety and
       well-being of a minor, an incapacitated person, or a protected
       person.  The court shall not appoint or confirm the appointment
       of a proposed guardian or conservator whose criminal history
       precludes the person's appointment from being in the best
       interests of the minor, incapacitated person, or protected
       person.
            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.