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SENATE BILL 98011
BY SENATORS Bishop, Alexander, Arnold, Chlouber, Congrove, Dennis, Hopper, Johnson, Martinez, Mutzebaugh, Norton, Perlmutter, Phillips, Powers, Rizzuto, Schroeder, Wattenberg, Wells, and Wham;
also REPRESENTATIVES Allen, Epps, Hefley, and Mace.
CONCERNING QUALIFICATIONS FOR THE OFFICE OF SCHOOL
DISTRICT DIRECTOR, AND, IN CONNECTION THEREWITH, PROHIBITING ANY
PERSON CONVICTED OF THE COMMISSION OF A SEX OFFENSE AGAINST A
CHILD FROM SERVING ON A SCHOOL DISTRICT BOARD OF EDUCATION.
Be it enacted by the General Assembly of the State
SECTION 1. 2231107
(1), Colorado Revised Statutes, is amended, and the said 2231107
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
and nomination of candidates for school director.
(1) Any candidate for the office of school director
of a school district shall be an eligible elector of the district
and SHALL HAVE BEEN A RESIDENT OF THE DISTRICT FOR AT LEAST TWELVE
CONSECUTIVE MONTHS PRIOR TO THE ELECTION. If the school district
has a director district plan of representation, the candidate
shall be a resident of the director district
THAT will be represented, unless the candidate has been elected
at the time of or prior to the adoption of a director district
plan of representation by the eligible electors of the district.
(5) (a) ANY PERSON WHO HAS BEEN CONVICTED
OF COMMISSION OF A SEXUAL OFFENSE AGAINST A CHILD SHALL NOT BE
ELIGIBLE FOR THE OFFICE OF SCHOOL DIRECTOR OF A SCHOOL DISTRICT.
IF A PERSON BECOMES INELIGIBLE PURSUANT TO THE TERMS OF THIS
SUBSECTION (5) WHILE SERVING AS A SCHOOL DIRECTOR, A VACANCY SHALL
BE DEEMED TO EXIST THAT SHALL BE FILLED AS PROVIDED IN SECTION
(b) FOR PURPOSES OF THIS SUBSECTION (5),
"SEXUAL OFFENSE AGAINST A CHILD" MEANS ANY OF THE OFFENSES
DESCRIBED IN SECTIONS 183405 AND 183405.3,
183305, 186301, 186302,186402
to 186404, AND 187402 TO 187406,
C.R.S., AND ANY OF THE OFFENSES DESCRIBED IN SECTIONS 183402
TO 183404 AND 187302, C.R.S., WHERE THE
VICTIM IS LESS THAN EIGHTEEN YEARS OF AGE. "SEXUAL OFFENSE
AGAINST A CHILD" ALSO MEANS ATTEMPT, SOLICITATION, OR CONSPIRACY
TO COMMIT ANY OF THE OFFENSES SPECIFIED IN THIS PARAGRAPH (b).
(c) FOR PURPOSES OF THIS SUBSECTION (5),
"CONVICTED" INCLUDES HAVING PLEADED GUILTY OR NOLO CONTENDERE
OR HAVING RECEIVED A DEFERRED JUDGMENT AND SENTENCE; EXCEPT THAT
A PERSON SHALL NOT BE DEEMED TO HAVE BEEN CONVICTED IF THE PERSON
HAS SUCCESSFULLY COMPLETED A DEFERRED SENTENCE.
SECTION 2. 14803
(5), Colorado Revised Statutes, is amended to read:
14803. Petitions for nominating
school district directors. (5) The
candidate for the office of school director shall have been an
eligible elector AND RESIDENT of the school district, as shown
on the books of the county clerk and recorder,
the date of the earliest signature on the petition
FOR AT LEAST TWELVE CONSECUTIVE MONTHS PRIOR TO THE DATE OF THE
SECTION 3. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to elections held on or after
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.
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
GOVERNOR OF THE STATE