Section 16-21-103 - Information on offenders required - duties of law enforcement agencies - court(1)(a) For purposes of this section, unless the context otherwise requires: (I) "Act of domestic violence" has the same meaning as set forth in section 18-6-800.3(1), C.R.S.(II) "Arrest number" means a number that shall be assigned by the arresting agency to an arrest of the arrestee.(III) "Bureau" means the Colorado bureau of investigation.(III.3) "CICJIS" means the Colorado integrated criminal justice information system program, as defined in section 16-20.5-102.(III.5) "Electronic signature" means information transferred from one agency to another through CICJIS, including but not limited to warrants, mittimuses, judgments, and plea agreements.(III.7) "ICON" means the integrated Colorado online network, as defined in section 16-20.5-102.(IV) "Sexual offense" means crimes described in article 3 of title 18, C.R.S., and crimes described in articles 6 and 7 of title 18, C.R.S.(V) "State identification number" means the number assigned to an offender by the bureau based on fingerprint identification.(b) The requirements of this section are intended to complement the rules of criminal procedure and shall not be interpreted to conflict with or supersede any such rules.(2)(a) A law enforcement agency that requests the filing of any criminal case shall submit to the district attorney the arresting agency's name, the offender's full name and date of birth, the charge or charges being requested, the investigating agency's case number, and the date of arrest and the arrest number. In addition, the law enforcement agency shall submit to the district attorney any relevant information about the offender's affiliation or association with gangs or gang activities.(b) In addition to the information described in paragraph (a) of this subsection (2), a law enforcement agency shall comply with the following procedures:(I) When requesting the filing of any felony, misdemeanor, or petty offense, criminal charge, or a violation of a municipal ordinance, the factual basis of which includes an act of domestic violence or a sexual offense, the law enforcement agency shall submit to the prosecuting attorney the information set forth in this subsection (2).(II) If a law enforcement agency directly issues a complaint, summons, or summons and complaint for the charges described in subparagraph (I) of this paragraph (b), the agency shall identify on the face of such document whether the factual basis for the charge or charges includes an act of domestic violence or a sexual offense.(3) A district attorney who files any criminal case with the court or who reports to the bureau a final disposition occurring in the district attorney's office shall submit the arresting agency's name, the offender's full name and date of birth, the investigating agency's case number, the date of arrest and the arrest number, and any other information that a law enforcement agency is required to submit in accordance with subsection (2) of this section.(4)(a) Upon the issuance of a warrant of arrest, the court shall notify the sheriff of the county in which the court is located of the issuance of such warrant. When the court withdraws, cancels, quashes, or otherwise renders a warrant of arrest invalid, the court shall immediately notify the bureau of such action in a manner that is consistent with procedures established jointly by the state court administrator and the director of the bureau.(b) When the court creates a new criminal case in ICON, the court shall electronically notify the bureau of such action and shall provide the bureau with the arresting agency's name, the arrest date, and the arrest number provided to the court in accordance with subsection (3) of this section. Thereafter, the bureau shall electronically notify the court of the state identification number, if any, assigned to the offender.(c) The court shall report the final disposition concerning an offender to the bureau in a form that is electronically consistent with applicable law. The report shall be made within seventy-two hours after the final disposition; except that the time period shall not include Saturdays, Sundays, or legal holidays. The report shall include the information provided to the court in accordance with subsection (3) of this section, the disposition of each charge, and the court case number, and, with respect to any charge, the factual basis of which includes an act of domestic violence or a sexual offense, the court and the bureau shall comply with the following procedures:(I) The court shall advise the bureau to reflect the change of the status of domestic violence or sexual offense if the defendant is found not guilty of the alleged crime or if the case is dismissed.(II) The court shall specify that there is a change in the status of the charge originally submitted to the bureau in accordance with paragraph (b) of this subsection (4), based upon the court's findings.(III) The bureau shall reflect the change of status but shall not delete or eliminate information concerning the original charge.(5)(a) The bureau shall maintain the information it receives pursuant to this article and shall make such information immediately available electronically to the department of corrections and to any other criminal justice agency upon request.(b) Upon receipt of the fingerprints required pursuant to this article, the bureau shall perform a complete search of the bureau's files to identify any prior criminal record that the offender may have. Upon the association of a unique state identification number with any such offender, the bureau shall report such number electronically to CICJIS, the submitting agency, and the district attorney with jurisdiction over the offense. Upon nonassociation, the bureau shall create a new state identification number and electronically report the number to CICJIS and the submitting agency. Upon receipt of the number, CICJIS shall electronically report the number to the court and the district attorney with jurisdiction over the offense.(6) The information received by the bureau pursuant to this article shall be made available to any sentencing court, probation office, or other pretrial services agency preparing a report on domestic violence or sexual offense cases.L. 87: Entire article added, p. 647, § 1, effective July 1. L. 89: (1) and (2) amended, p. 874, § 6, effective June 5. L. 92: Entire section amended, p. 256, § 2, effective June 3. L. 94: (1) and (3) amended and (6) added, p. 2039, § 20, effective July 1. L. 95: (3) and (6) amended, p. 600, § 2, effective May 22; entire section R&RE, p. 945, § 2, effective July 1. L. 2005: (1)(a)(III.3), (1)(a)(III.5), and (1)(a)(III.7) added and (4)(b), (5)(a), (5)(b), and (6) amended, p. 87, §§ 6, 7, effective March 25.Subsections (3) and (6) were amended in House Bill 95-1101. Those amendments were superseded by the repeal and reenactment of the section in Senate Bill 95-153.
For the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 198, Session Laws of Colorado 1995.