A Bill for an Act
Page 1, Line 101Concerning modifications to the address confidentiality
Page 1, Line 102program.
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 modifies the address confidentiality program (program), which is intended to protect the confidentiality of the actual address of a relocated protected health-care worker or a relocated victim of domestic violence, a sexual offense, human trafficking, or stalking. The modifications to the program are:
- Expanding the requirement to use a substitute address for a program participant from applying only to government agencies to applying to private entities, upon request of the program participant;
- Removing work and school addresses from the definition of actual address, such that an actual address only covers a residential address;
- Allowing a program participant to apply with their actual address and either a telephone number or an email address, rather than requiring a telephone number;
- Clarifying that entities and agencies must use a substitute address in the place of the name of a school or employer or for a program participant's home-based business, if requested;
- Increasing the court fine applied to convictions for certain offenses, which is used to fund the program, from $28 to $33 and expanding this fine by applying it to convictions for sexual assault and municipal offenses for domestic violence, stalking, sexual assault, and human trafficking;
- Creating a process to allow program participants to shield real property records from public inspection; and
- Allowing a criminal justice official or government agency that has requested and been approved for expedited disclosure of a program participant's actual address to share the actual address with a law enforcement agency for the purpose of conducting a welfare check.
The bill also makes technical and conforming amendments.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 24-30-2102, amend
Page 2, Line 3(2); and repeal (3) as follows:
Page 2, Line 424-30-2102. Legislative declaration. (2) The general assembly
Page 2, Line 5further finds and declares that the desired result of the "Address
Page 2, Line 6Confidentiality Program Act" for the purpose of post-enactment review
Page 2, Line 7is to establish a substitute address for a program participant that is used
Page 2, Line 8
by state and local government agencies whenever possible, to permitPage 2, Line 9state and local government agencies to have access to the
Page 2, Line 10participant's actual address when appropriate, to establish a mail
Page 3, Line 1forwarding system for program participants, and to ensure that there is
Page 3, Line 2adequate funding to pay the program costs for all persons who apply to
Page 3, Line 3the program.
Page 3, Line 4(3)
The general assembly further declares that private entities,Page 3, Line 5
including but not limited to private businesses, can help protect programPage 3, Line 6
participants by seeking to prevent the disclosure of unique identifyingPage 3, Line 7
information that could jeopardize the safety of program participants. ThePage 3, Line 8
general assembly recognizes that a legitimate need for private entities toPage 3, Line 9
request and have access to an individual's actual address often exists andPage 3, Line 10
that the opportunity exists for private entities to partner with state andPage 3, Line 11
local governmental agencies in the effort to protect the safety of programPage 3, Line 12
participants.Page 3, Line 13SECTION 2. In Colorado Revised Statutes, 24-30-2103, amend
Page 3, Line 14(1); and add (10.5), (10.6), (10.8), (11.5), and (15) as follows:
Page 3, Line 1524-30-2103. Definitions. As used in this part 21, unless the
Page 3, Line 16context otherwise requires:
Page 3, Line 17(1) "Actual address" means a residential
work, or school addressPage 3, Line 18in the state of Colorado as specified on the individual's application
Page 3, Line 19to be a program participant under this part 21, and includes the county,
Page 3, Line 20voting precinct number, and any unique identifying information related
Page 3, Line 21to the individual's residential
work, or school address.Page 3, Line 22(10.5) "Real property ACP notice" means the notice
Page 3, Line 23required under section 24-30-2108.5 for a program participant to
Page 3, Line 24request the shielding of real property records.
Page 3, Line 25(10.6) "Real property record" means any physical or
Page 3, Line 26electronic record or data maintained by a state or local
Page 3, Line 27government agency in connection with land or tax records.
Page 4, Line 1(10.8) "Sexual assault" means an act described in part 4 of
Page 4, Line 2article 3 of title 18.
Page 4, Line 3(11.5) "Shielding" means, with respect to a real property
Page 4, Line 4record accepted for recording by a state or local government
Page 4, Line 5agency, to remove the record from public inspection and to
Page 4, Line 6remove the record to a separate secure area to which persons
Page 4, Line 7who do not have a legitimate reason for access are denied
Page 4, Line 8access in accordance with section 24-30-2108.5.
Page 4, Line 9(15) "Unique location information" means information
Page 4, Line 10that can be used to locate a program participant, including the
Page 4, Line 11program participant's phone number, email address, social
Page 4, Line 12security number, driver's license or state identification number,
Page 4, Line 13and actual address. "Unique location information" also
Page 4, Line 14includes a program participant's name when the name is used in
Page 4, Line 15connection with a location identifier, such as a county of
Page 4, Line 16residence.
Page 4, Line 17SECTION 3. In Colorado Revised Statutes, 24-30-2104, amend
Page 4, Line 18(1)(a) as follows:
Page 4, Line 1924-30-2104. Address confidentiality program - creation -
Page 4, Line 20substitute address - uses - service by mail - application assistance
Page 4, Line 21centers. (1) There is created the address confidentiality program in the
Page 4, Line 22department to protect the confidentiality of the actual address of a
Page 4, Line 23relocated protected health-care worker or a relocated victim of domestic
Page 4, Line 24violence, a sexual offense, human trafficking, or stalking and to prevent
Page 4, Line 25the victim's assailants or potential assailants from finding the victim
Page 4, Line 26through public records. Under the program, the executive director or the
Page 4, Line 27executive director's designee shall:
Page 5, Line 1(a) Designate a substitute address for a program participant that
Page 5, Line 2shall be used by persons and state and local government agencies as set
Page 5, Line 3forth in this part 21; and
Page 5, Line 4SECTION 4. In Colorado Revised Statutes, 24-30-2105, amend
Page 5, Line 5(3)(c) introductory portion, (3)(c)(III), and (3)(g); and add (3)(c)(V) and
Page 5, Line 6(3)(c)(VI) as follows:
Page 5, Line 724-30-2105. Filing and certification of applications -
Page 5, Line 8authorization card. (3) The application must be on a form prescribed by
Page 5, Line 9the executive director or the executive director's designee and must
Page 5, Line 10contain the following:
Page 5, Line 11(c)
Evidence Supporting documentation that the applicant isPage 5, Line 12a protected health-care worker or an actual or threatened
Page 5, Line 13victim of domestic violence, a sexual offense, human trafficking, or
Page 5, Line 14stalking, if applicable. This
evidence supporting documentation mayPage 5, Line 15include any of the following:
Page 5, Line 16(III) Documentation from a sexual assault program if the applicant
Page 5, Line 17is alleged to be a victim of a sexual offense;
orPage 5, Line 18(V) Documentation showing that the applicant has
Page 5, Line 19previously been enrolled in another confidential address
Page 5, Line 20program; or
Page 5, Line 21(VI) Documentation from a reproductive health-care
Page 5, Line 22provider engaged in the provision, facilitation, or promotion of
Page 5, Line 23a legally protected health-care activity, as defined in section
Page 5, Line 2412-30-121 (1)(d).
Page 5, Line 25(g) The mailing address and telephone number or email address
Page 5, Line 26where the applicant can be contacted by the executive director or
his orPage 5, Line 27
her the executive director's designee;Page 6, Line 1SECTION 5. In Colorado Revised Statutes, 24-30-2106, amend
Page 6, Line 2(2) as follows:
Page 6, Line 324-30-2106. Change of name, address, telephone number, or
Page 6, Line 4email address. (2) A program participant shall notify the executive
Page 6, Line 5director or
his or her the executive director's designee of a change inPage 6, Line 6address, email address, or telephone number from the address, email
Page 6, Line 7address, or telephone number listed for the participant on the application
Page 6, Line 8pursuant to the requirements set forth in section 24-30-2105 (3)(g) and
Page 6, Line 9(3)(h) no later than seven days after the change occurs.
Page 6, Line 10SECTION 6. In Colorado Revised Statutes, 24-30-2107, amend
Page 6, Line 11(1)(b) and (3) as follows:
Page 6, Line 1224-30-2107. Certification cancellation - records. (1) The
Page 6, Line 13certification of a program participant shall be canceled under any of the
Page 6, Line 14following circumstances:
Page 6, Line 15(b) The program participant fails to notify the executive director
Page 6, Line 16or
his or her the executive director's designee of a change in thePage 6, Line 17participant's name, address, email address, or telephone number listed
Page 6, Line 18on the application pursuant to section 24-30-2106.
Page 6, Line 19(3) An individual who ceases to be a program participant is
Page 6, Line 20responsible for notifying persons who use the substitute address that the
Page 6, Line 21designated substitute address is no longer valid. An individual who
Page 6, Line 22ceases to be a program participant is also responsible for
Page 6, Line 23notifying state or local government agencies to whom the
Page 6, Line 24individual has submitted a real property ACP notice that the
Page 6, Line 25individual is no longer a program participant.
Page 6, Line 26SECTION 7. In Colorado Revised Statutes, 24-30-2108, amend
Page 6, Line 27(1), (2), (10) introductory portion, (10)(b), and (11) as follows:
Page 7, Line 124-30-2108. Substitute address use. (1) The program
Page 7, Line 2participant, and not the executive director or
his or her the executivePage 7, Line 3director's designee, is responsible for requesting that a person or state
Page 7, Line 4or local government agency use the participant's substitute address as the
Page 7, Line 5participant's residential, work, or school address for all purposes for
Page 7, Line 6which the person or agency requires or requests such residential, work,
Page 7, Line 7or school address.
Page 7, Line 8(2) Except as otherwise provided in this section or unless the
Page 7, Line 9executive director or
his or her the executive director's designeePage 7, Line 10grants a state or local government agency's request for a disclosure
Page 7, Line 11pursuant to section 24-30-2110, when a program participant submits a
Page 7, Line 12current and valid address confidentiality program authorization card to
thePage 7, Line 13a person or agency, the person or agency shall accept the substitute
Page 7, Line 14address designation
by the executive director or his or her designee on thePage 7, Line 15card as the participant's address to be used as the participant's residential,
Page 7, Line 16work, or school address when creating a new public record, including
Page 7, Line 17in place of the name of a school or employer or for the
Page 7, Line 18participant's home-based business. The substitute address
given to thePage 7, Line 19
agency shall be is the last-known address for the participantused by thePage 7, Line 20
agency untilsuch time that the person or agency receives notificationPage 7, Line 21pursuant to section 24-30-2107 (3). The person or agency may make a
Page 7, Line 22photocopy of the card for
the their recordsof the agency and thereafterPage 7, Line 23shall immediately return the card to the program participant.
Page 7, Line 24(10) Except as otherwise provided in this section, a program
Page 7, Line 25participant's actual address, email address, and telephone number
Page 7, Line 26maintained by a person or state or local government agency or disclosed
Page 7, Line 27by the executive director or
his or her the executive director'sPage 8, Line 1designee is not a public record that is subject to inspection pursuant to
thePage 8, Line 2
provisions of part 2 of article 72 of thistitle title 24. This subsectionPage 8, Line 3(10)
shall does not apply:to the following:Page 8, Line 4(b) If a program participant voluntarily requests that a
state orPage 8, Line 5
local government person or agency use the participant's actual address.Page 8, Line 6
or voluntarily gives the actual address to the state or local governmentPage 8, Line 7
agency.Page 8, Line 8(11) For any public record created within ninety days prior to the
Page 8, Line 9date that a program participant applied to be certified in the program, a
Page 8, Line 10
state or local government person or agency shall redact the actualPage 8, Line 11address from a public record or change the actual address to the substitute
Page 8, Line 12address in the public record if a program participant who presents a
Page 8, Line 13current and valid program authorization card requests that the person
Page 8, Line 14or agency that maintains the public record to use the substitute address
Page 8, Line 15instead of the actual address on the public record.
Page 8, Line 16SECTION 8. In Colorado Revised Statutes, add 24-30-2108.5 as
Page 8, Line 17follows:
Page 8, Line 1824-30-2108.5. Shielding real property records. (1) (a) A
Page 8, Line 19program participant who acquires an ownership interest in real
Page 8, Line 20property while participating in the address confidentiality
Page 8, Line 21program may request that a state or local government agency
Page 8, Line 22shield the program participant's real property records
Page 8, Line 23concerning that property.
Page 8, Line 24(b) (I) A program participant may request the shielding of
Page 8, Line 25a real property record prior to its recording by submitting to a
Page 8, Line 26state or local government agency the following documents:
Page 8, Line 27(A) A real property ACP notice; and
Page 9, Line 1(B) The real property record to be recorded that the
Page 9, Line 2program participant seeks to shield.
Page 9, Line 3(II) A real property ACP notice submitted pursuant to this
Page 9, Line 4subsection (1)(b) applies to:
Page 9, Line 5(A) The real property record submitted for recording
Page 9, Line 6with the real property ACP notice; and
Page 9, Line 7(B) Any other real property record that concerns the
Page 9, Line 8property identified in the real property ACP notice and is
Page 9, Line 9submitted to the agency for recording during the period in which
Page 9, Line 10the program participant both holds an interest in the property
Page 9, Line 11and participates in the program.
Page 9, Line 12(c) (I) A program participant may request the shielding of
Page 9, Line 13a real property record after its recording by submitting to a
Page 9, Line 14state or local government agency the following documents:
Page 9, Line 15(A) A real property ACP notice; and
Page 9, Line 16(B) Sufficient information to identify the real property
Page 9, Line 17that is the subject of the records that the program participant
Page 9, Line 18seeks to shield.
Page 9, Line 19(II) A real property ACP notice submitted pursuant to this
Page 9, Line 20subsection (1)(c) applies to any real property record that:
Page 9, Line 21(A) Concerns the property identified in the real property
Page 9, Line 22ACP notice; and
Page 9, Line 23(B) Is or has been submitted to the agency for recording
Page 9, Line 24during the period in which the program participant both holds an
Page 9, Line 25interest in the property and participates in the program.
Page 9, Line 26(d) A program participant who requests to have a real
Page 9, Line 27property record shielded pursuant to this subsection (1)(b) shall
Page 10, Line 1not submit the real property record for electronic recording
Page 10, Line 2with the state or local government agency.
Page 10, Line 3(2) A program participant shall submit to the executive
Page 10, Line 4director or the executive director's designee a copy of any real
Page 10, Line 5property ACP notice submitted to a state or local government
Page 10, Line 6agency pursuant to subsection (1) of this section.
Page 10, Line 7(3) (a) A state or local government agency or an
Page 10, Line 8employee of an agency shall not disclose unique location
Page 10, Line 9information related to property for which a real property ACP
Page 10, Line 10notice has been submitted to the agency unless the program
Page 10, Line 11participant consents to the disclosure in writing or the
Page 10, Line 12disclosure is permitted pursuant to section 24-30-2110 or
Page 10, Line 1324-30-2111 or subsection (3)(b) of this section.
Page 10, Line 14(b) (I) Upon request, the executive director or the
Page 10, Line 15executive director's designee may authorize disclosure of
Page 10, Line 16unique location information or real property records that have
Page 10, Line 17been shielded. The executive director or the executive director's
Page 10, Line 18designee may authorize disclosure pursuant to this subsection
Page 10, Line 19(3)(b) only for the purpose of performing a title examination and
Page 10, Line 20only after the executive director or the executive director's
Page 10, Line 21designee confirms that the property subject to the title
Page 10, Line 22examination is the property identified in the real property ACP
Page 10, Line 23notice of a current program participant.
Page 10, Line 24(II) An individual submitting a request for disclosure
Page 10, Line 25pursuant to this subsection (3)(b) shall include the following in
Page 10, Line 26the request:
Page 10, Line 27(A) The name, title, address, and affiliated organization,
Page 11, Line 1if applicable, of the individual requesting the disclosure;
Page 11, Line 2(B) The individual's purpose for requesting the disclosure;
Page 11, Line 3(C) The individual's relationship to the program
Page 11, Line 4participant, if any;
Page 11, Line 5(D) A legal description of the property subject to the
Page 11, Line 6title examination;
Page 11, Line 7(E) An acknowledgment that the individual will treat as
Page 11, Line 8confidential all unique location information disclosed to the
Page 11, Line 9individual and will use the information only for the purposes
Page 11, Line 10identified in the request;
Page 11, Line 11(F) The individual's signature; and
Page 11, Line 12(G) Any other information required by the executive
Page 11, Line 13director or the executive director's designee.
Page 11, Line 14(III) The executive director or the executive director's
Page 11, Line 15designee shall provide a written response approving or denying
Page 11, Line 16a request submitted pursuant to this subsection (3)(b) within two
Page 11, Line 17business days after receiving the request.
Page 11, Line 18(4) (a) The executive director or the executive director's
Page 11, Line 19designee shall make a real property ACP notice form available
Page 11, Line 20to program participants. The real property ACP notice form
Page 11, Line 21must include:
Page 11, Line 22(I) The full legal name of the program participant,
Page 11, Line 23including their middle name;
Page 11, Line 24(II) The program participant's address confidentiality
Page 11, Line 25program authorization number;
Page 11, Line 26(III) The substitute address;
Page 11, Line 27(IV) A description of the property that is the subject of
Page 12, Line 1the real property records that the program participant
Page 12, Line 2requests to shield; and
Page 12, Line 3(V) The program participant's signature.
Page 12, Line 4(b) A real property ACP notice is not a public record for
Page 12, Line 5purposes of the "Colorado Open Records Act", part 2 of article
Page 12, Line 672 of this title 24.
Page 12, Line 7(5) Nothing in this section prohibits a state or local
Page 12, Line 8government agency or an employee of an agency from returning
Page 12, Line 9an original deed, instrument, or other real property record to
Page 12, Line 10the individual who submitted the record for recording.
Page 12, Line 11SECTION 9. In Colorado Revised Statutes, 24-30-2109, amend
Page 12, Line 12(1) introductory portion, (1)(a), (4), and (5) as follows:
Page 12, Line 1324-30-2109. Disclosure of actual address prohibited. (1) The
Page 12, Line 14executive director or
his or her the executive director's designee isPage 12, Line 15prohibited from disclosing any address, email address, or telephone
Page 12, Line 16number of a program participant other than the substitute address
Page 12, Line 17designated by the executive director or
his or her the executivePage 12, Line 18director's designee, except under any of the following circumstances:
Page 12, Line 19(a) The information is required by direction of a court order
Page 12, Line 20pursuant to section 24-30-2111. However,
any a person to whom aPage 12, Line 21program participant's address, email address, or telephone number has
Page 12, Line 22been disclosed shall not disclose the address, email address, or
Page 12, Line 23telephone number to any other person unless permitted to do so by order
Page 12, Line 24of the court.
Page 12, Line 25(4)
No A person shall not knowingly and intentionally obtain aPage 12, Line 26program participant's actual address, email address, or telephone
Page 12, Line 27number from the executive director or
his or her the executivePage 13, Line 1director's designee or an agency knowing that the person is not
Page 13, Line 2authorized to obtain the address information.
Page 13, Line 3(5)
No An employee of the executive director orhis or her thePage 13, Line 4executive director's designee or of an agency shall not knowingly and
Page 13, Line 5intentionally disclose a program participant's actual address, email
Page 13, Line 6address, or telephone number unless the disclosure is permissible by
Page 13, Line 7law. This subsection (5) only applies when an employee obtains a
Page 13, Line 8participant's actual address, email address, or telephone number during
Page 13, Line 9the course of the employee's official duties and, at the time of disclosure,
Page 13, Line 10the employee has specific knowledge that the actual address, email
Page 13, Line 11address, or telephone number disclosed belongs to a participant.
Page 13, Line 12SECTION 10. In Colorado Revised Statutes, 24-30-2110, amend
Page 13, Line 13(12) as follows:
Page 13, Line 1424-30-2110. Request for disclosure. (12) Notwithstanding any
Page 13, Line 15other provision of this section, the executive director or
his or her thePage 13, Line 16executive director's designee shall establish an expedited process for
Page 13, Line 17disclosure to be used by a criminal justice official or agency for situations
Page 13, Line 18where disclosure is required pursuant to a criminal justice trial, hearing,
Page 13, Line 19proceeding, or investigation involving a program participant or to
Page 13, Line 20conduct a welfare check on a program participant. An official or
Page 13, Line 21agency receiving information pursuant to this subsection (12) shall certify
Page 13, Line 22to the executive director or
his or her the executive director'sPage 13, Line 23designee that the official or agency has a system in place to protect the
Page 13, Line 24confidentiality of a participant's actual address from the public and from
Page 13, Line 25personnel who are not involved in the welfare check, trial, hearing,
Page 13, Line 26proceeding, or investigation. When disclosure is requested for the
Page 13, Line 27purpose of conducting a welfare check on a program participant,
Page 14, Line 1the requesting official or agency may disclose the participant's
Page 14, Line 2name and actual address to another law enforcement agency as
Page 14, Line 3necessary to conduct the welfare check.
Page 14, Line 4SECTION 11. In Colorado Revised Statutes, 24-30-2114, amend
Page 14, Line 5(1), (2) introductory portion, (2)(b), (2)(c), and (5); and add (2)(a.7) and
Page 14, Line 6(2)(d) as follows:
Page 14, Line 724-30-2114. Surcharge - collection and distribution - address
Page 14, Line 8confidentiality program surcharge fund - creation - definitions.
Page 14, Line 9(1) On and after July 1, 2007, but before July 1, 2025, each
personPage 14, Line 10individual who is convicted of
the crimes a crime set forth inPage 14, Line 11subsection (2) of this section shall be required to pay a surcharge of
Page 14, Line 12twenty-eight dollars to the clerk of the court for the judicial district in
Page 14, Line 13which the conviction occurs. On and after July 1, 2025, each
Page 14, Line 14individual who is convicted of a crime set forth in subsection (2)
Page 14, Line 15of this section shall be required to pay a surcharge of
Page 14, Line 16thirty-three dollars to the clerk of the court for the judicial
Page 14, Line 17district in which the conviction occurs.
Page 14, Line 18(2) The following crimes
shall be are subject to the surcharge setPage 14, Line 19forth in subsection (1) of this section:
Page 14, Line 20(a.7) Sexual assault;
Page 14, Line 21(b) A crime, the underlying factual basis of which has been found
Page 14, Line 22by the court on the record to include an act of domestic violence;
orPage 14, Line 23(c) Criminal attempt, conspiracy, or solicitation to commit the
Page 14, Line 24crimes set forth in subsections (2)(a), (2)(a.5), (2)(a.6), and (2)(b) of this
Page 14, Line 25section; or
Page 14, Line 26(d) A violation of a municipal ordinance prohibiting
Page 14, Line 27stalking, human trafficking, sexual assault, or an act of
Page 15, Line 1domestic violence.
Page 15, Line 2(5) The court may waive all or any portion of the surcharge
Page 15, Line 3required by this section if the court finds that
a person an individualPage 15, Line 4subject to the surcharge is indigent or financially unable to pay all or any
Page 15, Line 5portion of the surcharge. The court may waive only that portion of the
Page 15, Line 6surcharge that the court finds that the
person individual is financiallyPage 15, Line 7unable to pay.
Page 15, Line 8SECTION 12. In Colorado Revised Statutes, 1-2-213, amend
Page 15, Line 9(2)(e) as follows:
Page 15, Line 101-2-213. Registration at driver's license examination facilities.
Page 15, Line 11(2) (e) The department of revenue, through its local driver's license
Page 15, Line 12examination facilities, shall
notify inform a program participant, asPage 15, Line 13defined in section 24-30-2103 (9),
C.R.S., who submits a current andPage 15, Line 14valid address confidentiality program authorization card
of the provisionsPage 15, Line 15
of section 24-30-2108 (4), C.R.S., and inform the participant about howPage 15, Line 16
he or she the participant may use a substitute address, as defined inPage 15, Line 17section 24-30-2103 (14),
C.R.S., on the driver's license or identificationPage 15, Line 18card.
Page 15, Line 19SECTION 13. Effective date. This act takes effect July 1, 2025.
Page 15, Line 20SECTION 14. Safety clause. The general assembly finds,
Page 15, Line 21determines, and declares that this act is necessary for the immediate
Page 15, Line 22preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 23the support and maintenance of the departments of the state and state
Page 15, Line 24institutions.