HB 1108

                            Second Regular Session
                         Seventy-fifth General Assembly
                           STATE OF COLORADO
                                                                           INTRODUCED
LLS NO. 26-0158.01 Owen Hatch x2698  HOUSE BILL 26-1108
                             HOUSE SPONSORSHIP
 Lukens and Hartsook,
                            SENATE SPONSORSHIP
 Michaelson Jenet and Rich,
House Committees  Senate Committees
Judiciary
                                     A BILL FOR AN ACT
101CONCERNING  AUTHORIZING  THE       COLORADO  BUREAU  OF
102INVESTIGATION  TO     ACCESS       THE     FEDERAL  BUREAU        OF
103INVESTIGATION'S FINGERPRINT SEARCH SERVICE ALLOWING
104AUTHORIZED AGENCIES TO RECEIVE NOTIFICATION OF ACTIVITY
105ON INDIVIDUALS WHO HAVE SUBMITTED TO A BACKGROUND
106CHECK.
                                            Bill Summary
               (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://leg.colorado.gov.)
              The bill authorizes the Colorado bureau of investigation to
           Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
        Capital letters or bold & italic numbers indicate new material to be added to existing law.
              Dashes through the words or numbers indicate deletions from existing law.
participate in the federal bureau of investigation's rap back service, which
allows authorized agencies to receive notification of activity on
individuals who have submitted to a fingerprint-based criminal history
record check.
1 Be it enacted by the General Assembly of the State of Colorado:
2SECTION 1. In Colorado Revised Statutes, 24-33.5-412, add
3 (7.5) as follows:
424-33.5-412.     Functions of bureau - legislative review -
5 interagency cooperation with reporting functions - processing time
6 for criminal history record checks - computer crime - synthetic
7 cannabinoids enforcement - definition.
8(7.5) (a) THE BUREAU IS AUTHORIZED TO SUBMIT APPLICANT
9 FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION TO BE
10 RETAINED IN THE FEDERAL BUREAU OF INVESTIGATION'S RAP BACK
11 SERVICE. ALL APPLICANT FINGERPRINTS SUBMITTED BY THE BUREAU TO
12 THE FEDERAL BUREAU OF INVESTIGATION TO CONDUCT A CRIMINAL
13 HISTORY RECORD CHECK ARE RETAINED IN THE FEDERAL BUREAU OF
14 INVESTIGATION'S DATABASE FOR THE RAP BACK SERVICE. APPLICANT
15 FINGERPRINTS SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION
16 MAY BE USED FOR FUTURE SEARCHES, INCLUDING LATENT SEARCHES.
17(b) AS USED IN THIS SUBSECTION (7.5), "RAP BACK SERVICE"
18 MEANS THE FEDERAL BUREAU OF INVESTIGATION'S SERVICE THAT ALLOWS
19 AUTHORIZED AGENCIES TO RECEIVE NOTIFICATION OF ACTIVITY ON
20 INDIVIDUALS WHO HAVE SUBMITTED TO A CIVIL FINGERPRINT-BASED
21 CRIMINAL HISTORY RECORD CHECK THAT UTILIZES THE FEDERAL BUREAU
22 OF INVESTIGATION'S RECORDS.
23SECTION 2. Act subject to petition - effective date. (1) This
                                    -2-  HB26-1108
1 act takes effect July 1, 2027; except that, if a referendum petition is filed
2 pursuant to section 1 (3) of article V of the state constitution against this
3 act or an item, section, or part of this act within the ninety-day period
4 after final adjournment of the general assembly, then the act, item,
5 section, or part will not take effect unless approved by the people at the
6 general election to be held in November 2026 and, in such case, will take
7 effect July 1, 2027.
8(2) This act applies to fingerprints submitted to the Colorado
9 bureau of investigation on or after the applicable effective date of this act.
                                    -3-  HB26-1108