SB 166

                            Second Regular Session
                         Seventy-fifth General Assembly
                           STATE OF COLORADO
                                                                        REENGROSSED
                                                             This Version Includes All Amendments
                                                              Adopted in the House of Introduction
LLS NO. 26-0968.01 Lindy Schaible x4215  SENATE BILL 26-166
                            SENATE SPONSORSHIP
 Benavidez and Kipp,
                             HOUSE SPONSORSHIP
 Goldstein,
Senate Committees  House Committees
Education
                                     A BILL FOR AN ACT
101CONCERNING SCHOOL BOARD MEMBER DISQUALIFYING CONVICTIONS.
                                           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
                                                                                                               3rd Reading Unamended
       applies to the reengrossed version of this bill will be available at
       http://leg.colorado.gov.)  April 28, 2026
                                                                                                      SENATE
               Current law disqualifies a person convicted of committing a sexual
       offense against a child from being a school director of a school district,
       commonly known as a school board member. The bill adds convictions
       for crimes of violence and for felony drug offenses involving distribution,
       manufacturing, dispensing, or sale of a controlled substance to the list of
       offenses that disqualify a person from being a school board member. The
                                                                                                      Amended 2nd Reading
       bill specifies that a person is disqualified only for crimes of violence
                                                                                                         April 27, 2026
       offenses and felony drug offenses committed when the person was an
                                                                                                           SENATE
           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.
adult.
1 Be it enacted by the General Assembly of the State of Colorado:
2SECTION 1. In Colorado Revised Statutes, 22-31-107, amend
3 (5) as follows:
422-31-107. Candidates for school director - call - qualification
5 - nomination - definitions.
6(5) (a) (I) Any A person who has been convicted of commission
7 of a sexual offense against a child shall not be IS NOT eligible for the
8 office of school director of a school district. ADDITIONALLY, A PERSON
9 WHO HAS BEEN CONVICTED OF ANY OF THE FOLLOWING OFFENSES AND
10 WAS EIGHTEEN YEARS OLD OR OLDER AT THE TIME OF THE OFFENSE IS NOT
11 ELIGIBLE FOR THE OFFICE OF SCHOOL DIRECTOR OF A SCHOOL DISTRICT
12 WHEN FEWER THAN TEN YEARS HAVE PASSED SINCE THE PERSON SATISFIED
13 EVERY ASPECT OF THE SENTENCE IMPOSED FOR THE CONVICTION,
14 INCLUDING INCARCERATION, FINANCIAL PENALTIES, AND PAROLE:
15(A) A CRIME OF VIOLENCE; OR
16(B)   A FELONY DRUG OFFENSE INVOLVING DISTRIBUTION,
17 MANUFACTURING, DISPENSING, OR SALE.
18(II) If a person becomes ineligible pursuant to the terms of this
19 subsection (5) while serving as a school director, a vacancy shall be IS
20 deemed to exist that shall MUST be filled as provided in section
21 22-31-129.
22(b) For purposes of AS USED IN this subsection (5), UNLESS THE
23 CONTEXT OTHERWISE REQUIRES:
24(I) "CRIME OF VIOLENCE" MEANS AN OFFENSE DESCRIBED IN
25 SECTION 18-1.3-406, OR AN OFFENSE WITH SUBSTANTIALLY SIMILAR
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1 ELEMENTS UNDER THE LAWS OF ANOTHER STATE, THE UNITED STATES, OR
2  ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
3 "CRIME OF VIOLENCE" ALSO MEANS ATTEMPT, SOLICITATION, OR
4 CONSPIRACY TO COMMIT ANY OF THE OFFENSES SPECIFIED IN THIS
5  SUBSECTION (5)(b)(I).
6(II)     "FELONY   DRUG OFFENSE     INVOLVING DISTRIBUTION,
7 MANUFACTURING, DISPENSING, OR SALE" MEANS A FELONY DRUG OFFENSE
8 DESCRIBED IN PART       4 OF ARTICLE 18 OF TITLE 18 INVOLVING
9 DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE OF A CONTROLLED
10 SUBSTANCE OR A CONTROLLED SUBSTANCE ANALOG, OR AN OFFENSE WITH
11 SUBSTANTIALLY SIMILAR ELEMENTS UNDER THE LAWS OF ANOTHER STATE,
12 THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION
13 OF   THE     UNITED STATES. "FELONY     DRUG    OFFENSE    INVOLVING
14 DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE" ALSO MEANS
15 ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THE
16 OFFENSES SPECIFIED IN THIS SUBSECTION (5)(b)(II).
17(III) "Sexual offense against a child" means any of the offenses
18 described in sections 18-3-305, 18-3-405, 18-3-405.3, 18-3-504 (2),
19 18-6-301, 18-6-302, 18-6-403, 18-6-404, and 18-7-402 to 18-7-406,
20 C.R.S., and any of the offenses described in sections 18-3-402 to
21 18-3-404 and 18-7-302, C.R.S., where the victim is less than eighteen
22 years of age     SECTIONS   18-3-305, 18-3-402, 18-3-404, 18-3-405,
23 18-3-405.3, 18-3-405.4, 18-3-504 (2), 18-6-301, 18-6-302, 18-6-403,
24 18-6-404, 18-7-302, 18-7-402, 18-7-403, 18-7-404, 18-7-405, AND
25 18-7-406 WHEN THE VICTIM IS UNDER EIGHTEEN YEARS OLD, OR AN
26 OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS UNDER THE LAWS OF
27 ANOTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO
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1 THE JURISDICTION OF THE UNITED STATES. "Sexual offense against a
2 child" also means attempt, solicitation, or conspiracy to commit any of the
3 offenses specified in this paragraph (b) SUBSECTION (5)(b)(III).
4(c) For purposes of this subsection (5), "convicted" includes
5 having pleaded PLEADING guilty or nolo contendere or having received
6 RECEIVING a deferred judgment and sentence; except that a person shall
7 MUST not be deemed to have been convicted if the person has successfully
8 completed a deferred sentence.
9SECTION 2. Act subject to petition - effective date. This act
10 takes effect at 12:01 a.m. on the day following the expiration of the
11 ninety-day period after final adjournment of the general assembly (August
12 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
13 referendum petition is filed pursuant to section 1 (3) of article V of the
14 state constitution against this act or an item, section, or part of this act
15 within such period, then the act, item, section, or part will not take effect
16 unless approved by the people at the general election to be held in
17 November 2026 and, in such case, will take effect on the date of the
18 official declaration of the vote thereon by the governor.
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