Struck = removed from the bill ·
added = the amendment's new text.
SecondSB032_H_JUD.001 RegularNOT SessionAMENDED Seventy-firstHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionFebruary Includes8, All2018 AmendmentsChairman Adoptedof inCommittee theDate HouseCommittee ofon IntroductionJudiciary. LLS NO.
18-0548.02After Michaelconsideration Dohron x4347the SENATEmerits, BILLthe 18-032Committee SENATErecommends SPONSORSHIPthe Gardnerfollowing: and Cooke, HOUSE SPONSORSHIP Foote and Herod, Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING THE NONSUBSTANTIVE RELOCATION OF LAWS FROM TITLE 12, C OLORADO R EVISED S TATUTES ,AS PART OF THE ORGANIZATIONAL RECODIFICATION OF TITLE 12.
BillSB18-032 Summarybe ereferred (Note:to the Committee of the Whole with favorable recommendation.
This** summary*** applies** to*** this** bill*SB032_H_JUD.001* as introduced and does n 8 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 0 T n , passes third reading in the house of introduction, a bill summary that A U 2 applies to the reengrossed version of this bill will be available at E i r S a u http://leg.colorado.gov/.) R a r J Committee on Legal Services.
Current law directs the office of 3 legislativelegalservicestostudytheorganizationalrecodificationoftitle 12,whichrelatestoprofessionsandoccupations.Toimplementtheinitial g i recommendations of the study, section 1 of the bill relocates article 37.5 a 1 of title 12, the "Colorado Parental Notification Act", to a new part in E R 2 A n 2 N 2 y Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
S e a Capital letters or bold & italic numbers indicate new material to be added to existing statune.n Dashes through the words indicate deletions from existing statute.
e J A article 22 of title 13.
Section 2 of the bill makes a conforming amendment, and section 3 repealsthepart where the law was previously codified.
Section 4 of the bill relocates article 26 of title 12, firearms dealers, to a new part in article 12 of title 18.
Section 5 of the bill relocates article 26.1 of title 12, gun show background checks, to a new partinarticle12oftitle18.Sections6and7ofthebillmakeconforming amendments, and section 8 repeals the part and article where the laws were previously codified.
Section 9 of the bill relocates part 3 of article 55 of title 12, the "UniformUnswornDeclarationsAct",toanewarticleintitle13.Section 10ofthebillmakesaconformingamendment,andsection11repealsthe part where the law was previously codified.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, add with amended and relocated provisions part 7 to article 22 of title 13 as follows:
PART 7 COLORADO PARENTAL NOTIFICATION ACT 13-22-701.[Formerly12-37.5-101]Shorttitle.Thisarticleshall be known and may be cited as THE SHORT TITLE OF THIS PART 7 ISthe "Colorado Parental Notification Act".
13-22-702.
[Formerly 12-37.5-102] Legislative declaration.
(1) The people of the state of Colorado, pursuant to the powers reserved to them in Article V of the Constitution of the state of Colorado, declare that family life and the preservation of the traditional family unit are of vital importance to the continuation of an orderly society;
that the rights of parents to rear and nurture their children during their formative years and to be involved in all decisions of importance affecting such minor children should be protected and encouraged, especiallyas such parental involvement relates to the pregnancy of an unemancipated minor, recognizing that the decision byanysuch minor to submit to an abortion -2- 032 may have adverse long-term consequences for her.
(2) The people of the state of Colorado, being mindful of the limitationsimposeduponthematthepresenttimebythefederaljudiciary in the preservation of the parent-childrelationship,herebyenactintolaw the following provisions.
13-22-703.
[Formerly 12-37.5-103] Definitions.
As used in this articleART 7, unless the context otherwise requires:
(1) "Minor" means a person under eighteen years of age.
(2) "Parent" means the natural or adoptive mother and father of theminorwhoispregnant,iftheyarebothliving;oneparentoftheminor if only one is living, or if the other parent cannot be served with notice, as hereinafter provided;
or the court-appointed guardian of such minor if she has one or any foster parent to whom the care and custody of such minor shall have been assigned by any agency of the state or county making such placement.
(3) "Abortion" for purposes of this article7 means the use of anymeans to terminate the pregnancyof a minor with knowledge that theterminationbythosemeanswill,withreasonablelikelihood,causethe death of the minor's unborn offspring.
(4) "Clergy member" means a priest;
a rabbi;
a duly ordained, commissioned, or licensed minister of a church;
a member of a religious order;
or a recognized leader of any religious body.
(5) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate a medical pdure necessaryto prevent the pregnant minor's death or for which a delaywill createaseriousriskof substantialandirreversibleimpairmentof amajor -3- 032 bodily function.
(6) "Relative of the minor" means a minor's grandparent, adult aunt, or adult uncle, if the minor is not residing with a parent and resides with the grandparent, adult aunt, or adult uncle.
13-22-704.
[Formerly 12-37.5-104] Notification concerning abortion.
(1) No abortion shall be performed upon an unemancipated minor until at least 48 hours after written notice of the pending abortion has been delivered in the following manner:
(a) The notice shall be addressed to the parent at the dwelling houseorusualplaceofabodeoftheparent.Suchnoticeshallbedelivered to the parent by:
(I) The attending physician or member of the physician's immediate staff who is over the age of eighteen;
or (II) The sheriff of the countywhere the service of notice is made, or by his deputy;
or (III) Any other person over the age of eighteen years who is not related to the minor;
or (IV) A clergy member who is over the age of eighteen.
(b) Notice delivered by any person other than the attending physician shall be furnished to and delivered by such person in a sealed envelope marked "Personal and Confidential" anditscontent shall not in any manner be revealed to the person making such delivery.
(c) Whenever the parent of the minor includes two persons to be notified as provided in this article and such persons reside at the same dwelling house or place of abode, deliveryto one such person shall constitutedeliverytoboth,andthe48-hourperiodshallcommencewhen deliveryismade.Shouldsuchpersonsnotresidetogetheranddeliveryof -4- 032 notice can be made to each of them, notice shall be delivered to both parents, unless the minor shall request that only one parent be notified, which request shall be honored and shall be noted bythe physician in the minor's medical record.
Whenever the parties are separately served with notice, the 48-hour period shall commence upon delivery of the first notice.
(d) Thepersondeliveringsuch notice, if other than thephysician, shall provide to the physician a written return of service at the earliest practical time, as follows:
(I) If served by the sheriff or his deputy, by his certificate with a statement as to date, place, and manner of service and the time such delivery was made.
(II) If by any other person, by his affidavit thereof with the same statement.
(III) Return of service shall be maintained by the physician.
(e) (I) In lieu of personal delivery of the notice, the same may be sent bypostpaid certified mail, addressed to the parent at the usual place of abode of the parent, with return receipt requested and delivery restricted to the addressee.
Delivery shall be conclusively presumed to occur and the 48-hour time period as provided in this articlel commence to run at 12:00 o'clock noon on the next dayon which regular mail delivery takes place.
(II) Whenever the parent of the minor includes two persons to be notified as provided in this articleand such persons reside at the same dwelling house or place of abode, notice addressed to one parent andmailedasprovidedintheforegoingsubparagraphshallbedeemedto bedeliveryofnoticetobothsuchpersons.Shouldsuchpersonsnotreside -5- 032 together and notice can be mailed to each of them, such notice shall be separatelymailed to both parents unless the minor shall request that only one parent shall be notified, which request shall be honored and shall be noted by the physician in the minor's medical record.
(III) Proof of mailing and thedeliveryor attempted deliveryshall be maintained by the physician.
(2) (a) Notwithstanding the provisions of subsection (1) of this section, if the minor is residing with a relative of the minor and not a parent, the written notice of the pending abortion shall be provided to either the relative of the minor or a parent.
(b) If a minor elects to provide notice to a person specified in paragraph (a) of this subsection (2)BSECTION (2)(a)OF THIS SECTION, the notice shall be provided in accordance with the provisions of subsection (1) of this section.
(3) Atthetimethephysician,licensedhealthcareprofessional,or staff of the physician or licensed health care professional informs the minor that notice must be provided to the minor's parents prior to performing an abortion, the physician, licensed health care professional, or the staff of the physician or licensed health care professional must inform the minor under what circumstances the minor has the right to have only one parent notified.
13-22-705.
[Formerly 12-37.5-105] Nonoticerequired- when.
(1) No notice shall be required pursuant to this article 7 if:
(a) The person or persons who may receive notice pursuant to section12-37.5-104(1) SECTION 13-22-704(1)certifyinwritingthatthey have been notified;
or (a.5)(b) The person whom the minor elects to notify pursuant to -6- 032 section12-37.5-104(2)SECTION 13-22-704(2)certifiesinwritingthathe or she has been notified;
or (b) (c) The pregnant minor declares that she is a victim of child abuse or neglect by the acts or omissions of the person who would be entitled to notice, as such acts or omissions are defined in "The Child Protection Act of 1987", as set forth in title 19, article 3, of the Colorado RevisedStatutesARTICLE 3OFTITLE19,andanyamendmentsthereto,and the attending physician has reported such child abuse or neglect as required bythe said act.
When reporting such child abuse or neglect, the physicianshallnotrevealthatheorshelearnedof the abuseorneglectas the result of the minor seeking an abortion.
(c) (d) The attending physician certifies in the pregnant minor's medical record that a medical emergency exists and there is insufficient time to provide notice pursuant to section 12-37.5-104 SECTION 13-22-704;
or (d) (e) A valid court order is issued pursuant to section 12-37.5-107 SECTION13-22-707.
13-22-706.
[Formerly 12-37.5-106] Penalties - damages - defenses.
(1) Any person who performs or attempts to perform an abortion in willful violation of this article:
(a) (Deleted byamendment, L.
2003, p.
2364, § 7, effective June 3, 2003.) (b) shall be liable for damages proximately caused thereby.
(2) It shall be an affirmative defense to any civil proceedings if the person establishes that:
(a) The person relied upon facts or information sufficient to convinceareasonable,carefulandprudentpersonthattherepresentations -7- 032 of the pregnant minor regarding information necessary to comply with this articleRT 7 were bona fide and true;
or (b) Theabortion was performed to prevent the imminent death of the minor child and there was insufficient time to provide the required notice.
(3) Anypersonwhocounsels,advises,encouragesorconspiresto induceorpersuadeanypregnantminortofurnishanyphysicianwithfalse information, whether oral or written, concerning the minor's age, marital status,oranyotherfactorcircumstancetoinduceorattempttoinducethe physician to perform an abortion upon such minor without providing written notice as required bythis article7 commits a class 5 felony and shall be punished as provided in section 18-1.3-401.
C.R.S.
13-22-707.
[Formerly 12-37.5-107] Judicial bypass.
(1) (Deleted by amendment, L.
2003, p.
2364, § 8, effective June 3, 2003.) (2) (1) (a) If any pregnant minor elects not to allow the notificationrequiredpursuanttosection12-37.5-104ECTION13-22-704, anyjudgeofacourtofcompetentjurisdictionshall,uponpetitionfiledby or on behalf of such minor, enter an order dispensing with the notice requirements of this article 7if thejudgedeterminesthat the giving of such notice will not be in the best interest of the minor, or if the court finds, by clear and convincing evidence, that the minor is sufficiently mature to decide whether to have an abortion.
Any such order shall includespecificfactual findings and legal conclusions insupportthereof and a certified copy of such order shall be provided to the attending physician of said minor and the provisions of section 12-37.5-104 (1) SECTION 13-22-704(1)andsection12-37.5-106 SECTION 13-22-706shall -8- 032 not apply to the physician with respect to such minor.
(b) The court, in its discretion, may appoint a guardian ad litem for the minor and also an attorney if said minor is not represented by counsel.
(c) Court proceedings under this subsection (2)CTION (1) shall be confidential and shall be given precedence over other pending matters so that the court may reach a decision promptly without delay in ordertoservethebestinterestsoftheminor.Courtproceedingsunderthis subsection (2)UBSECTION (1) shall be heard and decided as soon as practicable but in no event later than four days after the petition is filed.
(d) Notwithstanding any other provision of law, an expedited confidential appeal to the court of appeals shall be available to a minor for whom the court denies an order dispensing with the notice requirements of this article 7.
Any such appeal shall be heard and decided no later than five days after the appeal is filed.
An order dispensingwiththenoticerequirementsof thisarticleT7shallnotbe subject to appeal.
(e) Notwithstanding any provision of law to the contrary, the minorisnotrequiredtopayafilingfeerelatedtoanactionorappealfiled pursuant to this subsection (2)ECTION (1).
(f) If either the district court or the court of appeals fails to act within the time periods required by this subsection (2)ON (1), the court in which the proceeding is pending shall immediately issue an order dispensing with the notice requirements of this article (g) The Colorado supreme court shall issue rules governing the judicial bypass procedure, including rules that ensure that the confidentiality of minors filing bypass petitions will be protected.
The -9- 032 Coloradosupremecourtshallalsopromulgateaformpetitionthatmaybe used to initiate a bypass proceeding.
The Colorado supreme court shall promulgatetherulesandformgoverningthejudicialbypassprocedureby August 1, 2003.
Physicians shall not be required to comply with this articleART 7 until forty-five days after the Colorado supreme court publishes final rules and a final form.
13-22-708.[Formerly12-37.5-108]Limitations.(1) Thisarticle PART 7 shall in no way be construed so as to:
(a) Require any minor to submit to an abortion;
or (b) Prevent any minor from withdrawing her consent previously given to have an abortion;
or (c) Permit anything less than fully informed consent before submitting to an abortion.
(2) This articleRT 7 shall in no way be construed as either ratifying, granting or otherwise establishing an abortion right for minors independentlyofanyotherregulation,statuteorcourtdecisionwhichmay now or hereafter limit or abridge access to abortion by minors.
SECTION 2.
In Colorado Revised Statutes, 25-1-1202, amend (1)(p) as follows:
25-1-1202.
Index of statutory sections regarding medical recordconfidentialityandhealthinformation.(1) Statutoryprovisions concerning policies, procedures, and references to the release, sharing, anduseof medicalrecordsandhealthinformationincludethefollowing:
(p) Section 12-37.5-104, C.R.S.TION13-22-704, concerning reporting requirements by physicians related to abortions for minors;
SECTION 3.
Repeal of provisions being relocated in this act.
In Colorado Revised Statutes, repeal article 37.5 of title 12.
-10- 032 SECTION 4.
In Colorado Revised Statutes, add with amended and relocated provisions part 4 of article 12 to title 18 as follows:
PART 4 FIREARMS - DEALERS 18-12-401.
[Formerly 12-26-101] Definitions.
As used in this articleART 4, unless the context otherwise requires:
(1)(a) "Firearms"meansapistol,revolver,orotherweaponofany description, loaded or unloaded, from which any shot, bullet, or other missilecanbedischarged,thelengthofthebarrelofwhich,notincluding any revolving, detachable, or magazine breech, does not exceed twelve inches.
(b) "Firearms" does not include firearms, as defined in paragraph (a) of this subsection (1)ECTION (1)(aOF THIS SECTIO, for which ammunition is notsold or which there is reasonable ground for believing are not capable of being effectually used.
18-12-402.
[Formerly 12-26-102] Retail dealers - record - inspection.
Every individual, firm, or corporation engaged, within this state, in the retail sale, rental, or exchange of firearms, pistols, or revolvers shall keep a record of each pistol or revolver sold, rented, or exchanged at retail.
The record shall be made at the time of the transaction in a book kept for that purpose and shallnclude the name of the person to whom the pistol or revolver is sold or rented or with whom exchanged;
his OR HER age, occupation, residence, and, if residing in a city, the street and number therein where heides;
the make, caliber, and finish of said pistol or revolver, together with its number and serial letter, if any;
the date of the sale, rental, or exchange of said pistol or revolver;
and the name of the employee or other person -11- 032 making such sale, rental, or exchange.
The record book shall be open at all times to the inspection of any duly authorized police officer.
18-12-403.
[Formerly 12-26-103] Record - failure to make - penalty.
Every individual, firm, or corporation who fails to keep the record provided for in section 12-26-102TION18-12-402 or who refuses toexhibitsuchrecord when requested bya police officer and any purchaser,lessee,orexchangerofapistolorrevolverwho,inconnection with the making of such record, gives false information is guilty of a misdemeanorand,uponconvictionthereof,shallbepunishedbyafineof notlessthantwenty-fivedollarsnormorethanonehundreddollars,orby imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
18-12-404.
[Formerly 12-26-104] Jurisdiction - county courts.
Countycourts, within their respective counties, have jurisdiction to hear and determine all cases arising under the provisions of this article 4, and appeal from judgment shall be to the district courts in the respective counties in the same manner as is now provided by law for appeals from judgments of the county courts in the cases of misdemeanors.
SECTION 5.
In Colorado Revised Statutes, add with amended and relocated provisions part 5 of article 12 to title 18 as follows:
PART 5 BACKGROUND CHECKS - GUN SHOWS 18-12-501.
[Formerly 12-26.1-101] Background checks at gun shows - penalty.
(1) Before a gun show vendor transfers or attempts to transfer a firearm at a gun show, he or she shall:
(a) Require that a background check, in accordance with section -12- 032 24-33.5-424, C.R.S., be conducted of the prospective transferee;
and (b) Obtain approval of a transfer from the Colorado bureau of investigation after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424.
C.R.S.
(2) A gun show promoter shall arrange for the services of one or more licensed gun dealers on the premises of the gun show to obtain the background checks required by this article 5.
(3) If anypart of a firearm transaction takes place at a gun show, no firearm shall be transferred unless a background check has been obtained by a licensed gun dealer.
(4) Anyperson violating the provisions of this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S.
18-12-502.
[Formerly 12-26.1-102] Records - penalty.
(1) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 12-26-102, C.R.S.
SECTION18-12-402, and retain the records, as provided in section 12-26-103, C.R.S.
SECTION 18-12-403, in the same manner as when conducting a sale, rental, or exchange at retail.
(2) Anyindividualwhogivesfalseinformationinconnectionwith the making of such records commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S.
18-12-503.
[Formerly 12-26.1-103] Fees imposed by licensed gun dealers.
For each background check conducted at a gun show, a licensed gun dealer may charge a fee not to exceed ten dollars.
18-12-504.
[Formerly 12-26.1-104] Posted notice - penalty.
(1) A gun show promoter shall post prominentlya notice,inaformto be -13- 032 prescribedbythe executive director of the department of publicsafetyor his or her designee, setting forth the requirement for a background check as provided in this article5.
(2) Anyperson violating the provisions of this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S.
18-12-505.
[Formerly 12-26.1-105] Exemption.
The provisions of this artiPART5 shall not applyto the transfer of an antique firearm, as defined in 18 U.S.C.
sec.
921(a)(16), as amended, or a curio or relic, as defined in 27 CFR sec.
178.11, as amended.
18-12-506.
[Formerly 12-26.1-106] Definitions.
As used in this articleART 5, unless the context otherwise requires:
(1) "Collection"meansatrade,barter,orin-kindexchangeforone or more firearms.
(2) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
(3) "Gun show" means the entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which:
(a) Twenty-fiveormorefirearmsareofferedorexhibitedforsale, transfer, or exchange;
or (b) Not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.
(4) "Gun show promoter" means a person who organizes or operates a gun show.
-14- 032 (5) "Gun show vendor" means any person who exhibits, sells, offers for sale, transfers, or exchanges, any firearm at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.
(6) "Licensed gun dealer" means any person who is a licensed importer,licensedmanufacturer,ordealerlicensedpursuantto18U.S.C.
sec.
923, as amended, as a federally licensed firearms dealer.
18-12-507.[Formerly12-26.1-107]Appropriation.Thegeneral assemblyshallappropriatefundsnecessarytoimplementthisarticleRT 5.
18-12-508.
[Formerly 12-26.1-108] Effective date.
This article PART 5 shall take effect March 31, 2001.
SECTION 6.
In Colorado Revised Statutes, 18-12-112, amend (1)(a) introductory portion and (2)(b) as follows:
18-12-112.
Private firearms transfers - background check required-penalty-definitions.(1)(a)OnandafterJuly1,2013,except as described in subsection (6) of this section, before any person who is not a licensed gun dealer, as defined in section 12-26.1-106 (6), C.R.S.
SECTION 18-12-506 (6), transfers or attempts to transfer possession of a firearm to a transferee, he or she shall:
(2) (b) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 12-26-102,C.R.S.SECTION 18-12-402,andretaintherecords,asprovided in section 12-26-103, C.R.S.CTION 18-12-403, in the same manner as when conducting a sale, rental, or exchange at retail.
The licensed gun dealer shall comply with all state and federal laws, including 18 U.S.C.
-15- 032 sec.
922, as if he or she were transferring the firearm from his or her inventory to the prospective transferee.
SECTION 7.
In Colorado Revised Statutes, 18-12-302, amend (3)(a) introductory portion as follows:
18-12-302.
Large-capacity magazines prohibited - penalties - exceptions.
(3) The offense described in subsection (1) of this section shall not apply to:
(a) An entity, or any employee thereof engaged in his or her employment duties, that manufactures large-capacity magazines within Colorado exclusively for transfer to, or any licensed gun dealer, as definedinsection12-26.1-106(6),C.R.S.SECTION 18-12-506(6),orany employee thereof engaged in his or her official employment duties, that sells large-capacity magazines exclusively to:
SECTION 8.
Repeal of provisions being relocated in this act.
In Colorado Revised Statutes, repeal articles 26 and 26.1 of title 12.
SECTION 9.
In Colorado Revised Statutes, add with amended and relocated provisions article 27 to title 13 as follows:
ARTICLE 27 Uniform Unsworn Declarations Act 13-27-101.
[Formerly 12-55-301] Short title.
The short title of this part 3RTICLE27 is the "Uniform Unsworn Declarations Act".
13-27-102.
[Formerly 12-55-302] Definitions.
In this part 3 ARTICLE 27:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and anyterritoryor insular possession subject to the jurisdiction of the United States.
-16- 032 (2) "Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol;
or (b) Toattachtoorlogicallyassociatewiththerecordanelectronic symbol, sound, or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or anyterritory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath.
The term includes a sworn statement, verification, certificate, and affidavit.
(7) "Unsworndeclaration"meansadeclarationinasignedrecord that is not given under oath, but is given under penalty of perjury.
13-27-103.
[Formerly 12-55-303] Applicability.
This part 3 ARTICLE 27 applies to an unsworn declaration by a declarant who at the time of making the declaration is physicallylocatedwithin or outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States.
13-27-104.
[Formerly 12-55-304] Validity of unsworn declaration.
(a)1) Except as otherwise provided in subsection (b) SUBSECTION (2) of this section, if a law of this state requires or permits -17- 032 use of a sworn declaration in a court proceeding, an unsworn declaration meeting therequirementsof thispart3ARTICLE 27 has the same effect as a sworn declaration.
(b)(2) This part 3ARTICLE 27 does not apply to:
(1)(a) A deposition;
(2)(b) An oath of office;
(3) (c) An oath required to be given before a specified official other than a notary public;
(4)(d) A declaration to be recorded pursuant to article 35 of title 38 C.R.S., for the purposes of conveying and recording title to real property or a declaration required to be recorded for purposes of registering title to real property pursuant to article 36 of title 38;
C.R.S.;
or (5) (e) An oath required by section 15-11-504 C.R.S., for a self-proved will.
13-27-105.[Formerly12-55-305]Requiredmedium.Ifalawof this state requires that a sworn declaration be presented in aparticular medium, an unsworn declaration must be presented in that medium.
13-27-106.[Formerly12-55-306]Formofunsworndeclaration.
An unsworn declaration under this part 3 ARTICLE 27 must be in substantially the following form:
I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.
Executed on the ________ day of ________, ________, (date) (month) (year) at ___________________________ __________ (city or other location, and stateor country) -18- 032 ____________________________ (printed name) ____________________________ (signature) 13-27-107.[Formerly12-55-307]Uniformityofapplicationand construction.Inapplying and construing thisuniformact,consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
13-27-108.
[Formerly 12-55-308] Relation to "Electronic Signatures in Global and National Commerce Act".
This part 3 ARTICLE 27 modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C.
sec.
7001, etseq.,butdoesnotmodify,limit,orsupersedesection101(c)ofthatact, 15 U.S.C.
sec.
7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C.
sec.
7003 (b).
SECTION 10.
In Colorado Revised Statutes, 18-8-501, amend (2)(a)(IV) as follows:
18-8-501.
Definitions.
The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:
(2) (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated.
For the purposes of this section, written statements shall also be treated as if made under oath if:
(IV) The statement meets the requirements for an unsworn declaration under the "Uniform Unsworn Declarations Act", part 3 of article 55 of title 12LE 27OF TITLE13.
-19- 032 SECTION 11.
Repeal of relocated provisions in this act.
In Colorado Revised Statutes, repeal part 3 of article 55 of title 12.
SECTION 12.
Act subject to petition - effective date.
This act takeseffect October 1, 2018;
except that, if a referendumpetitionisfiled 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 the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the generalelectiontobeheldinNovember 2018 and, in suchcase,willtake effect on the date of the official declaration of the vote thereon by the governor.
-20- 032