BY SENATOR(S) Gonzales J., Ball, Cutter, Jodeh, Michaelson Jenet, Wallace, Weissman;
also REPRESENTATIVE(S) Espenoza and Bacon, Duran, Garcia, Jackson, Lieder, Lindsay, Rutinel, Titone.
Concerning the motor vehicle dealer board's consideration of an individual's criminal convictions when issuing a license.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 44-20-121, amend (8)(a) introductory portion; and add (8)(a.5) as follows:
44-20-121. Licenses - grounds for denial, suspension, or revocation. (8) (a) AnyA license issued or for which an application has been made pursuant to this part 1 shall be revoked or denied if the licensee or applicant has been convicted of or pleaded no contest to any of the following offenses in this state or any other jurisdiction during the previous tenthree years:
(a.5) In consideration of a revocation or denial of a license pursuant to subsection (8)(a) of this section, a criminal conviction may only be considered for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant or licensee has not been convicted of any other criminal offense during the three-year period. After the three-year period, only the individual's application or license may be considered and only in the same manner as that of an individual who does not possess a prior criminal record; except that a conviction for a crime that is directly related to the auto industry may be considered at any time.
SECTION 2. In Colorado Revised Statutes, 44-20-420, amend (8)(a) introductory portion; and add (8)(a.5) as follows:
44-20-420. Licenses - grounds for denial, suspension, or revocation. (8) (a) A license issued or applied for pursuant to this part 4 shall be revoked or denied if the licensee or applicant has been convicted of or pleaded no contest to any of the following offenses in this state or another jurisdiction during the previous tenthree years:
(a.5) In consideration of a revocation or denial of a license pursuant to subsection (8)(a) of this section, a criminal conviction may only be considered for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant or licensee has not been convicted of any other criminal offense during the three-year period. After the three-year period, only the individual's application or license shall be considered and only in the same manner as that of an individual who does not possess a prior criminal record; except that a conviction for a crime that is directly related to the auto industry may be considered at any time.
SECTION 3. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(2) This act applies to license or renewal applications made on or after the applicable effective date of this act.
Signed By: James Rashad Coleman, Sr., President of the Senate
Signed By: Julie McCluskie, Speaker of the House of Representatives
Signed By: Esther van Mourik, Secretary of the Senate
Signed By: Vanessa Reilly, Chief Clerk of the House of Representatives
Signed By: Jared S. Polis, Governor of the State of Colorado