HOUSE 2nd Reading Unamended February 16, 2001 HOUSE 3rd Reading Unamended February 19, 2001First Regular Session Sixty-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 01-0376.01 Stephen Miller HOUSE BILL 01-1190 HOUSE SPONSORSHIP Lee, Fritz, Fairbank, Hoppe, Johnson, Miller, Nunez, and Spence SENATE SPONSORSHIP Chlouber, and Teck House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the release of information that identifies persons who hold permits to carry concealed weapons. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires identifying information concerning concealed weapon permit holders to be kept confidential by custodians of criminal justice records, except under specified circumstances. Includes all materials and records concerning a concealed weapon permit within the definition of "criminal justice records" for purposes of the provisions concerning release of criminal justice records. Permits a criminal justice records custodian to use his or her discretion whether to delete information identifying a person as holding a concealed weapon permit from any criminal justice record prior to releasing the record. Imposes requirements upon a criminal justice records custodian concerning confidentiality and notice depending upon the custodian's decision whether to delete such identifying information from a criminal justice record prior to releasing such record. Prohibits the custodian from deleting such identifying information under certain circumstances. Be it enacted by the General Assembly of the State of Colorado: . SECTION 1. 18-12-105.1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 18-12-105.1. Permits for concealed weapons - liability - release of information. (3) Except as provided in section 24-72-304 (4.5), C.R.S., information that identifies any person who receives a permit pursuant to this section shall be kept confidential by any custodian, as defined in section 24-72-302 (5), C.R.S., of any record containing such information. For purposes of this subsection (3), "information that identifies any person" includes, but is not limited to, address, telephone number, driver's license number, Colorado identification number, social security number, photographs, fingerprint cards, or any other information that identifies or that could lead to the identification of any person who is issued a permit to carry a concealed weapon under this section. SECTION 2. 24-72-302 (4), Colorado Revised Statutes, is amended to read: 24-72-302. Definitions. As used in this part 3, unless the context otherwise requires: (4) "Criminal justice records" means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency in the state for use in the exercise of functions required or authorized by law or administrative rule, including but not limited to: (a) The results of chemical blood testing to determine genetic markers conducted pursuant to sections 16-11-102.3, 16-11-104, 16-11-204.3, 16-11-308 (4.5), 17-2-201 (5) (h) and (5) (i), and 17-22.5-202 (3) (b.5) (II) and (3.5), C.R.S.; (b) Any documentary materials and records concerning permits to carry concealed weapons issued pursuant to section 18-12-105.1, C.R.S. Pursuant to section 24-72-202 (6) (b) (I), and notwithstanding any provision to the contrary in section 24-72-204 (2) (a) (I), any materials and records concerning permits to carry concealed weapons are exclusively criminal justice records and are not subject to the provisions of part 2 of this article, commonly known as the "Open Records Law". SECTION 3. 24-72-304, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-72-304. Inspection of criminal justice records. (4.5) (a) (I) (A) Except as provided in paragraph (b) of this subsection (4.5), a custodian may exercise discretion in determining whether to delete information that identifies a person as holding a concealed weapon permit issued pursuant to section 18-12-105.1, C.R.S., from any criminal justice record prior to the release of such record to any individual or agency. (B) For purposes of this subsection (4.5), "information that identifies a person" or "identifying information" includes, but is not limited to, name, address, telephone number, driver's license number, Colorado identification number, social security number, photographs, fingerprint cards, or any other information that identifies or that could lead to the identification of any person who is issued a permit to carry a concealed weapon under section 18-12-105.1, C.R.S. (II) If a custodian, pursuant to subparagraph (I) of this paragraph (a), decides to delete the identifying information, then such information shall be kept confidential by the custodian, and such information shall not be open for inspection under this part 3. (III) If a custodian, pursuant to subparagraph (I) of this paragraph (a), decides not to delete the identifying information from a criminal justice record prior to the release of such record, the custodian shall send written notice of the decision to the person holding the concealed weapon permit. Such notice shall be effective upon mailing by registered mail or upon personal service. No custodian may release a criminal justice record containing information that identifies a concealed weapon permit holder until after ten days following the effective date of the notice. (b) A custodian may not delete information that identifies a person as holding a concealed weapon permit issued pursuant to section 18-12-105.1, C.R.S., from any criminal justice record prior to the release of such record if: (I) The record is released to a criminal justice agency; or (II) The person identified as a concealed weapon permit holder in the record is convicted of a crime involving the illegal use of a firearm, as defined in section 18-1-901 (3) (h), C.R.S. 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.