6C03638DFEA8FDF3872584CB0065B7B2 Hearing Summary

There was no public testimony on this agenda item.  Commissioner Whitfield shared some of the feedback that he received on the draft. Everyone agrees that these records should be accurate; some have shared concerns about whether the timelines were appropriate for all types of records and when the date count in the timelines start. For example, a traffic stop summons is immediately filed but a criminal investigation can be ongoing and some information should not be immediately shared publicly. Interested parties would like additional information regarding the timeline for requested record corrections and the corresponding notification requirements. There is concern that there is not enough time provided for the checking and correction of records or for the extensive notification requirements. The Colorado Bureau of Investigations, the presumed central depository referred to in the bill, has not yet had a chance to review the act and offer feedback. There was interest in streamlining the mistaken identity registry provisions by using the central registry database to simply flag duplicate or overlapping names for additional verification instead of creating a separate database. The commission discussed some of the details regarding timeline concerns and the need for more stakeholder involvement to work out some of the issues presented. The commission would like the act to be agency-friendly and may be able to set up, if necessary, qualification and exceptions to reach that goal. It was decided that introducing this act would be the best way to further discussion among stakeholders and get a fiscal note. Funding possibilities discussed included passing the act without funding to be implemented when funding became available or to allow for agencies to use the act to apply for grants for implementing the act. There was also discussion whether the act should have a petition or safety clause and what the effective date or dates would be. The commission suggested that ULC be asked about the need for a separate registry for mistaken identity during the drafting process.

Commissioner Gardner moved to introduce LLS 20-0421: Uniform Criminal Records Accuracy as a commission bill, as drafted and subject to the sponsor having latitude to determine the necessary enacting and effective date clauses. Commissioner Whitfield seconded and the motion passed without objection. Commissioners Tipper and Whitfield will continue to work on the act. Commissioner Tipper agreed to sponsor the bill.