April 18, 2018

Archives for February 16, 2017

HB 17-1147: Adding a Statutory Definition of the Purpose of Community Corrections

On February 2, 2017, Rep. Lang Sias and Sen. Daniel Kagan introduced HB 17-1147, “Concerning Defining the Purposes of Community Corrections Programs.”

The bill provides the purposes of community corrections programs.

The bill was introduced in the House and assigned to the Judiciary Committee.

HB 17-1146: Allowing School Employees to Dispense Over-the-Counter Medications to Students

On February 2, 2017, Rep. Patrick Neville introduced HB 17-1146, “Concerning Parents’ Rights for Children.”

The bill allows qualified, per school district policy, employees to dispense over-the-counter medications to a student if the student’s parent or legal guardian provided the school district with written general authorization to dispense such over-the-counter medications during a specified academic year. The bill grants criminal and civil immunity to such school employees if they acted with written authorization from the student’s parent or legal guardian. The same authority and immunity is granted to child care providers, including employees or relatives in nonlicensed facilities, provided the person dispensing the over-the-counter medication has written general authority for a specific time period from the child’s parent or legal guardian.

The bill allows a parent or legal guardian to opt out of the collection and storage by a local education provider of any type of data related to his or her child.

The bill was introduced in the House and assigned to the Health, Insurance, & Environment and Appropriations committees. It is scheduled for hearing in the Health, Insurance, & Environment Committee on February 23, 2017, at 1:30 p.m.

HB 17-1109: Expanding Permissible Venues for Prosecution of Child Sexual Assault Pattern Offenses

On January 20, 2017, Reps. Terri Carver & Jessie Danielson and Sens. John Cooke & Rhonda Fields introduced HB 17-1109, “Concerning Prosecuting in One Jurisdiction a Person who has Committed Sexual Assaults Against a Child in Different Jurisdictions.”

In current law, several sex-assault-on-a-child crimes are designated ‘pattern’ offenses, meaning that the defendant has a pattern of sexually assaulting the same child repeatedly. When such assaults occur in more than one jurisdiction, the district attorney in each such jurisdiction must prosecute a case for the incident that occurred in his or her jurisdiction.

The bill allows a prosecutor to charge and bring a pattern-offense case for all such assaults in any jurisdiction where one of the acts occurred. The bill allows the prosecution of a defendant charged with sex-assault-on-a-child pattern offense or sex-assault-on-a-child-in-a-position-of-trust pattern offense to be tried:

  • In a county where at least one or more of the incidents of sexual contact occurred;
  • In a county where an act in furtherance of the offense was committed; or
  • In a county where the victim resided during all or part of the offense.

The bill was introduced in the House and assigned to the Judiciary Committee. It is scheduled for hearing in committee on February 21, 2017, at 1:30 p.m.

Colorado Court of Appeals: Announcement Sheet, 2/15/2017

On Wednesday, February 15, 2017, the Colorado Court of Appeals issued no published opinion and 39 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 2/15/2017

On Wednesday, February 15, 2017, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

McZeal v. Ocwen Loan Servicing, LLC

Dennis v. Fallin

Huggins v. Reilly

Johnson v. Berryhill

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