First Regular Session
Sixty-second General Assembly
LLS NO. 99-0482.02 Jason Gelender HOUSE BILL 99-1121
STATE OF COLORADO
BY REPRESENTATIVE McKay
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING A PROHIBITION AGAINST THE SELECTION OF ANY FELON AS A
102 NEW EMPLOYEE FOR A POSITION THAT CONSTITUTES A PEACE
103 OFFICER, LEVEL IA.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
On or after July 1, 1999, prevents a person who has been convicted
of, or pleaded guilty or nolo contendre to, a felony charge from being
hired to any of the following positions and therefore as a peace officer,
level Ia: Assistant district attorney; deputy district attorney; special
deputy district attorney; deputy attorney general; deputy or assistant
attorney general assigned to a criminal enforcement function in the office
of the attorney general; authorized investigator of a district attorney, the
attorney general, the executive director of the department of public safety,
or the department of corrections; agent of the Colorado bureau of
investigation; parole officer; and community program agent.
Makes a conforming amendment.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 17-1-115, Colorado Revised Statutes, is amended
3 to read:
4 17-1-115. Investigators employed by the department -
5 qualifications - notification to local law enforcement agencies.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO
2 HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF
3 NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW
4 SHALL BE ELIGIBLE TO BE HIRED AS AN INVESTIGATOR FOR THE
5 DEPARTMENT OF CORRECTIONS ON OR AFTER JULY 1, 1999.
6 (2) Any investigator who is employed by the department and who
7 is defined as a "peace officer, level Ia" pursuant to section 18-1-901 (3)
8 (l) (II), C.R.S., shall, whenever practicable, notify any local law
9 enforcement agency when such investigator is operating or intends to
10 operate anywhere in the jurisdiction of such local law enforcement
11 agency.
12 SECTION 2. 17-2-102 (3), Colorado Revised Statutes, is
13 amended to read:
14 17-2-102. Division of adult services - general powers, duties,
15 and functions. (3) The director of the division of adult services,
16 pursuant to the provisions of section 13 of article XII of the state
17 constitution, shall appoint such other officers and employees as may be
18 necessary to properly supervise all adult parolees released from any state
19 penal or correctional institution together with such other persons as are
20 accepted for supervision under the interstate compact, BUT,
21 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO HAS
22 BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF NOLO
23 CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW SHALL
24 BE ELIGIBLE FOR APPOINTMENT AS A PAROLE OFFICER OR COMMUNITY
25 PROGRAM AGENT ON OR AFTER JULY 1, 1999.
26 SECTION 3. 20-1-201, Colorado Revised Statutes, is amended
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1 BY THE ADDITION OF A NEW SUBSECTION to read:
2 20-1-201. Deputies - chief deputies - staff.
3 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO
4 HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF
5 NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW
6 SHALL BE ELIGIBLE FOR APPOINTMENT AS A DEPUTY DISTRICT ATTORNEY,
7 SPECIAL DEPUTY DISTRICT ATTORNEY, OR CHIEF DEPUTY DISTRICT
8 ATTORNEY ON OR AFTER JULY 1, 1999.
9 SECTION 4. 20-1-205, Colorado Revised Statutes, is amended
10 BY THE ADDITION OF A NEW SUBSECTION to read:
11 20-1-205. Assistant district attorneys. (4) NOTWITHSTANDING
12 ANY OTHER PROVISION OF LAW, NO PERSON WHO HAS BEEN CONVICTED OF,
13 OR PLEADED GUILTY OR ENTERED A PLEA OF NOLO CONTENDRE TO, A
14 FELONY CHARGE UNDER FEDERAL OR STATE LAW SHALL BE ELIGIBLE FOR
15 APPOINTMENT AS AN ASSISTANT DISTRICT ATTORNEY ON OR AFTER JULY 1,
16 1999.
17 SECTION 5. 20-1-208, Colorado Revised Statutes, is amended
18 BY THE ADDITION OF A NEW SUBSECTION to read:
19 20-1-208. Special officers - stenographers - salaries.
20 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO
21 HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF
22 NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW
23 SHALL BE ELIGIBLE FOR APPOINTMENT AS A SPECIAL INVESTIGATOR ON OR
24 AFTER JULY 1, 1999.
25 SECTION 6. 20-1-209, Colorado Revised Statutes, is amended
26 BY THE ADDITION OF A NEW SUBSECTION to read:
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1 20-1-209. Investigators and other employees.
2 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO
3 HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF
4 NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW
5 SHALL BE ELIGIBLE FOR APPOINTMENT AS A CHIEF INVESTIGATOR OR
6 INVESTIGATOR ON OR AFTER JULY 1, 1999.
7 SECTION 7. 24-5-101, Colorado Revised Statutes, is amended
8 to read:
9 24-5-101. Effect of criminal conviction on employment rights.
10 Except as otherwise provided by section 4 of article XII of the state
11 constitution AND SECTIONS 17-1-115, 17-2-102, 20-1-201, 20-1-205,
12 20-1-208, 20-1-209, 24-31-103, 24-31-104, 24-31-105, 24-33.5-108,
13 24-33.5-408, AND 30-10-501.5, C.R.S., and except for the certification
14 and revocation of certification of peace officers as provided in section
15 24-31-305, the fact that a person has been convicted of a felony or other
16 offense involving moral turpitude shall not, in and of itself, prevent him
17 from applying for and obtaining public employment or from applying for
18 and receiving a license, certification, permit, or registration required by
19 the laws of this state to follow any business, occupation, or profession.
20 Whenever any state or local agency is required to make a finding that an
21 applicant for a license, certification, permit, or registration is a person of
22 good moral character as a condition to the issuance thereof, the fact that
23 such applicant has, at some time prior thereto, been convicted of a felony
24 or other offense involving moral turpitude, and pertinent circumstances
25 connected with such conviction, shall be given consideration in
26 determining whether, in fact, the applicant is a person of good moral
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1 character at the time of the application. The intent of this section is to
2 expand employment opportunities for persons who, notwithstanding that
3 fact of conviction of an offense, have been rehabilitated and are ready to
4 accept the responsibilities of a law-abiding and productive member of
5 society.
6 SECTION 8. 24-31-103, Colorado Revised Statutes, is amended
7 to read:
8 24-31-103. Deputy attorney general - powers. The attorney
9 general is hereby authorized to appoint a deputy, who shall have authority
10 to act for the attorney general in all matters except in respect to such
11 duties as devolve upon the attorney general by virtue of the state
12 constitution. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO
13 PERSON WHO HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED
14 A PLEA OF NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR
15 STATE LAW SHALL BE ELIGIBLE FOR APPOINTMENT AS A DEPUTY ATTORNEY
16 GENERAL ON OR AFTER JULY 1, 1999.
17 SECTION 9. 24-31-104, Colorado Revised Statutes, is amended
18 to read:
19 24-31-104. Appointment of subordinate officers and
20 employees. (1) The attorney general and the heads of the divisions
21 specified in section 24-31-102 may appoint the subordinate officers and
22 employees of their respective divisions, but only in conformity with
23 sections 24-2-102, and 24-2-103, 24-31-103, AND 24-31-105 (2), AND
24 SUBSECTION (2) OF THIS SECTION.
25 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON
26 WHO HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA
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1 OF NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE
2 LAW SHALL BE ELIGIBLE FOR APPOINTMENT AS AN AUTHORIZED
3 INVESTIGATOR OF THE ATTORNEY GENERAL ON OR AFTER JULY 1, 1999.
4 SECTION 10. 24-31-105, Colorado Revised Statutes, is amended
5 to read:
6 24-31-105. Criminal enforcement section. (1) There is hereby
7 established, within the department of law and under the control of the
8 attorney general, a criminal enforcement section. The criminal
9 enforcement section or any attorney in the department of law authorized
10 by the attorney general shall prosecute all criminal cases for the attorney
11 general and shall perform other functions as may be required by the
12 attorney general. The attorney general is hereby authorized to appoint a
13 deputy attorney general as chief of the criminal enforcement section. The
14 chief of said section shall be a licensed attorney with a minimum of two
15 years of criminal experience as a trial or appellate prosecutor.
16 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON
17 WHO HAS BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA
18 OF NOLO CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE
19 LAW SHALL BE ELIGIBLE FOR APPOINTMENT AS A DEPUTY OR ASSISTANT
20 ATTORNEY GENERAL ASSIGNED TO THE CRIMINAL ENFORCEMENT SECTION
21 ON OR AFTER JULY 1, 1999.
22 SECTION 11. Part 1 of article 33.5 of title 24, Colorado Revised
23 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
24 read:
25 24-33.5-108. Authorized investigators - qualifications.
26 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO HAS
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1 BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF NOLO
2 CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW SHALL
3 BE ELIGIBLE FOR APPOINTMENT AS AN AUTHORIZED INVESTIGATOR OF THE
4 EXECUTIVE DIRECTOR ON OR AFTER JULY 1, 1999.
5 SECTION 12. 24-33.5-408, Colorado Revised Statutes, is
6 amended to read:
7 24-33.5-408. Agents - qualifications. The director shall appoint
8 persons of honesty, integrity, and outstanding ability as agents. Agents
9 shall possess such qualifications as may be specified by the state
10 personnel director after consultation with the director of the bureau.
11 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO HAS
12 BEEN CONVICTED OF, OR PLEADED GUILTY OR ENTERED A PLEA OF NOLO
13 CONTENDRE TO, A FELONY CHARGE UNDER FEDERAL OR STATE LAW SHALL
14 BE ELIGIBLE FOR APPOINTMENT AS AN AGENT ON OR AFTER JULY 1, 1999.
15 SECTION 13. Safety clause. The general assembly hereby
16 finds, determines, and declares that this act is necessary for the immediate
17 preservation of the public peace, health, and safety.