§ 13-5-142 — National instant criminal background check system - reporting

Colorado § 13-5-142

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Judicial Districts

Text

(1) On and after March 20, 2013, the state court administrator shall send
electronically the following information to the Colorado bureau of investigation
created pursuant to section 24-33.5-401, referred to in this section as the bureau:

(a) The name of each person who has been found to be incapacitated by
order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(b) The name of each person who has been committed by order of the court
to the custody of the behavioral health administration in the department of human
services pursuant to section 27-81-112; and

(c) The name of each person with respect to whom the court has entered an
order for involuntary certification for short-term treatment of a mental health
disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification
for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for
long-term care and treatment of a mental health disorder pursuant to section 27-65-110.

(1.5) Not more than forty-eight hours after receiving notification of a person
who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this
section, the state court administrator shall report such fact to the bureau.

(2) Any report made by the state court administrator pursuant to this section
shall describe the reason for the report and indicate that the report is made in
accordance with 18 U.S.C. sec. 922 (g)(4).

(3) The state court administrator shall take all necessary steps to cancel a
record made by the state court administrator in the national instant criminal
background check system if:

(a) The person to whom the record pertains makes a written request to the
state court administrator; and

(b) No less than three years before the date of the written request:

(I) The court entered an order pursuant to section 15-14-318, C.R.S.,
terminating a guardianship on a finding that the person is no longer an
incapacitated person, if the record in the national instant criminal background
check system is based on a finding of incapacity;

(II) The period of certification or commitment of the most recent order of
certification, commitment, recertification, or recommitment expired, or a court
entered an order terminating the person's incapacity or discharging the person
from certification or commitment in the nature of habeas corpus, if the record in the
national instant criminal background check system is based on an order of
certification or commitment to the custody of the behavioral health administration
in the department of human services; except that the state court administrator
shall not cancel any record pertaining to a person with respect to whom two
recommitment orders have been entered pursuant to section 27-81-112 (7) and (8),
or who was discharged from treatment pursuant to section 27-81-112 (11) on the
grounds that further treatment is not likely to bring about significant improvement
in the person's condition; or

(III) The record in the case was sealed pursuant to section 27-65-109 (7), or
the court entered an order discharging the person from certification in the nature of
habeas corpus pursuant to section 27-65-115, if the record in the national instant
criminal background check system is based on a court order for involuntary
certification for short-term treatment of a mental health disorder.

(4) Pursuant to section 102 (c) of the federal NICS Improvement
Amendments Act of 2007 (Pub.L. 110-180), a court, upon becoming aware that the
basis upon which a record reported by the state court administrator pursuant to
subsection (1) of this section does not apply or no longer applies, shall:

(a) Update, correct, modify, or remove the record from any database that the
federal or state government maintains and makes available to the national instant
criminal background check system, consistent with the rules pertaining to the
database; and

(b) Notify the attorney general that such basis does not apply or no longer
applies.

Legislative History

Source: L. 2002: Entire section added, p. 753, � 1, effective January 1, 2003. L. 2010: (1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 780, � 15, effective April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB 13-1229), ch. 47, p. 131, � 2, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended, (SB 17-242), ch. 263, p. 1251, � 5, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended, (SB 18-091), ch. 35, p. 382, � 8, effective August 8. L. 2020: (1)(b) amended, (SB 20-007), ch. 286, p. 1414, � 42, effective July 13; (3)(b)(II) and (3)(b)(III) amended, (SB 20-136), ch. 70, p. 281, � 2, effective September 14. L. 2022: (1)(b) and (3)(b)(II) amended, (HB 22-1278), ch. 222, p. 1490, � 9, effective July 1; (1)(c) and (3)(b)(III) amended, (HB 22-1256), ch. 451, p. 3224, � 14, effective August 10. L. 2023: (1)(c) amended, (HB 23-1138), ch. 423, p. 2488, � 6, effective July 1, 2024.