August 20, 2017

Archives for May 18, 2016

Unaccompanied Homeless Youth Tuition Bill, Debt-Free Schools Act Bill, and More Signed

On Tuesday, May 17, 2016, Governor Hickenlooper signed five bills into law. To date, he has signed 177 bills this legislative session. The bills signed Tuesday include a bill to determine domicile status for in-state tuition purposes for unaccompanied homeless youth, a bill to consider whether health plans should be offered based on a single geographic area, and more. The bills signed Tuesday are summarized here.

  • HB 16-1100 – Concerning the Ability of Unaccompanied Homeless Youth to Determine Domicile for Purposes of In-State Tuition Status at Institutions of Higher Education, by Reps. Brittany Pettersen & Daneya Esgar and Sen. John Cooke. The bill adds “unaccompanied homeless youth” to the list of persons who are qualified to determine their own domicile and to be classified as a resident for tuition purposes at state supported institutions of higher education.
  • HB 16-1276 – Concerning the Division of Reclamation, Mining, and Safety’s Ability to Conduct Emergency Responses at Legacy Hard Rock Mining Sites, by Reps. Millie Hamner & Don Coram and Sens. Ellen Roberts & Kerry Donovan. The bill allows the Division of Reclamation, Mining, and Safety to use funds from the Emergency Response Cash Fund to conduct an emergency response when circumstances exist at a legacy mine site that create a danger to public health or welfare, or to the environment.
  • HB 16-1336 – Concerning the Creation of a Single Geographic Rating Area for Health Insurers to Use When Establishing Rates for Individual Health Insurance Plans, by Reps. Millie Hamner & Bob Rankin and Sen. Kerry Donovan. The bill requires the Commissioner of Insurance to conduct a study to determine the impacts and viability of establishing a single geographic area for use in determining the premium rates for individual health insurance plans issued in Colorado.
  • HB 16-1354 – Concerning Authorization for a School District to Impose an Additional Mill Levy for the Sole Purpose of Funding Capital Construction, New Technology, Existing Technology Upgrade, and Maintenance Needs of the District Without Borrowing Money, by Reps. Diane Mitsch Bush & Jon Becker and Sen. Jerry Sonnenberg. The bill, known as the “Debt-Free Schools Act,” authorizes a school district, with voter approval, to impose an additional mill levy for the sole purpose of cash funding its capital construction and facility maintenance needs without borrowing money.
  • SB 16-021 – Concerning Recognition of the Third Saturday in May as a State Holiday, and, in Connection Therewith, Designating the Third Saturday in May as “Public Lands Day,” by Sen. Kerry Donovan and Reps. Diane Mitsch Bush & KC Becker. The bill creates a new holiday, “Public Lands Day,” on the third Saturday in May.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Colorado Supreme Court: Privilege Against Self-Incrimination Precludes Revocation of Probation

The Colorado Supreme Court issued its opinion in People v. Roberson on Monday, May 16, 2016.

Fifth Amendment—Probation Revocation.

The Supreme Court concluded that on the facts presented here, defendant’s Fifth Amendment privilege against self-incrimination precluded the district court from revoking his sex offender intensive supervision probation based on his refusal to answer a polygraph examiner’s question regarding his use or viewing of child pornography while he was on probation. On the record before the Court, however, the Court was unable to determine whether defendant’s privilege against self-incrimination precluded the district court from revoking defendant’s probation based on his refusal to answer questions concerning any post-trial sexual fantasies involving minors that he might have had within the six months immediately preceding the polygraph examination. Accordingly, the Court made its rule to show cause absolute and remanded the case to the district court with directions that the court conduct further proceedings as more fully set forth in this opinion.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Total Refusal of Sex Offender Treatment Based on Fifth Amendment is Prohibited

The Colorado Supreme Court issued its opinion in People v. Ruch on Monday, May 16, 2016.

Fifth Amendment—Probation Revocation.

This case required the Supreme Court to determine whether the trial court properly revoked defendant’s probation for, among other things, refusing to enroll or participate in sex offender treatment based on his concern that in the course of such treatment, he would have been compelled to incriminate himself in violation of the Fifth Amendment. The Court perceived no Fifth Amendment violation here, where the trial court revoked defendant’s probation based on his total refusal to attend treatment. In these circumstances, defendant’s purported invocation of his Fifth Amendment rights was premature and amounted to a prohibited blanket assertion of the privilege. Accordingly, the Court held that the trial court properly revoked Ruch’s probation based on his refusal to attend treatment.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Non-Disclosure of Victim’s Juvenile Adjudication Did Not Render Plea Ineffective

The Colorado Supreme Court issued its opinion in People v. Corson on Monday, May 16, 2016.

Guilty Pleas—Voluntariness—Ineffective Assistance of Counsel—Crim. P. 16.

Respondent Corson pleaded guilty to sexual assault on a child, position of trust. Corson sought to overturn his conviction because the prosecutor, who had previously obtained a juvenile adjudication against the victim for falsely reporting a sexual assault in another case, did not disclose the victim’s prior false-reporting adjudication. The Supreme Court held that the prosecution’s non-disclosure did not render Corson’s guilty plea involuntary or his plea counsel ineffective. The Court also held that juvenile adjudications are not criminal convictions and therefore are not subject to automatic disclosure under Crim. P. 16(I)(a)(1)(V).

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Ballot Initiative for Healthy Environment Consists of Single Subject

The Colorado Supreme Court issued its opinion in In the Matter of the Title, Ballot Title and Submission Clause for 2015–2016 #63 on Monday, May 16, 2016.

Single Subject—Clear Title.

The Supreme Court held that Initiative #63 contains a single subject: the creation of a right to a healthy environment. The Court also held that the title clearly expresses Initiative #63’s single subject. The Court thus affirmed the action of the Title Board.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 5/17/2016

On Tuesday, May 17, 2016, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Arthurs

United States v. Wallace

United States v. Behrens

Reynolds v. Wright

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.