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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0625.01 Michael Dohr x4347 SENATE BILL 26-100
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT101
IMPROVE THE SAFETY OF THE PARTICIPANTS.102
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 requires a youth sports organization and local government
that provides youth athletic activities (youth sports organization) to have
at least one adult who possesses a current first aid, CPR, and AED
certification present at each youth athletic activity.
Current law requires all youth sports organization coaches who
work directly with youth members to obtain a criminal history record
SENATE SPONSORSHIP
Danielson, Coleman
HOUSE SPONSORSHIP
Willford and Stewart K.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
check (background check) prior to employment. The bill requires
chaperones who accompany the youth sports organization on a trip that
includes one or more overnight stays to pass a background check. The bill
requires a coach or chaperone who lived outside the U.S. for more than
180 days since the coach's or chaperone's last background check to also
obtain an international background check. The act creates a cause of
action for failing to conduct a background check.
Current law prohibits a youth sports organization from hiring a
person to be a coach if the person has been convicted of certain crimes.
The bill adds crimes of violence and other violent crimes to the list of
disqualifying offenses.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 26.5-4-401, add2
(1.5), (2.3), and (2.5) as follows:3
26.5-4-401. Definitions.4
As used in this part 4, unless the context otherwise requires:5
(1.5) "CHAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH6
SPORTS ORGANIZATION IN AN OFFICIAL CAPACITY ON A TRIP THAT7
INCLUDES ONE OR MORE OVERNIGHT STAYS.8
(2.3) "E MPLOYMENT" MEANS A JOB OR POSITION IN WHICH A9
PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH10
ATHLETIC ACTIVITY BY A YOUTH SPORTS ORGANIZATION FOR A SALARY OR11
HOURLY WAGES , WHETHER FULL -TIME OR PART -TIME, AND WHETHER12
TEMPORARY OR PERMANENT.13
(2.5) "Y OUTH ATHLETIC ACTIVITY " MEANS AN ORGANIZED14
ATHLETIC ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE15
UNDER EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED16
ATHLETIC GAME , COMPETITION , OR TRAINING PROGRAM . "YOUTH17
ATHLETIC ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS18
INCIDENTAL TO A NONATHLETIC PROGRAM OR A LESSON.19
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SECTION 2. In Colorado Revised Statutes, add 26.5-4-401.5 as1
follows:2
26.5-4-401.5. Organized youth athletic activities - CPR and3
first aid requirements.4
(1) (a) EACH YOUTH SPORTS ORGANIZATION SHALL ENSURE THAT5
AT LEAST ONE ADULT WHO POSSESSES A CURRENT FIRST AID , CPR, AND6
AED CERTIFICATION IS PRESENT AT EACH YOUTH ATHLETIC ACTIVITY.7
(b) A YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY8
BY VOLUNTEERS FOR TRAINING PURPOSES ONLY IS EXEMPT FROM THIS9
SECTION, BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS10
A CURRENT FIRST AID, CPR, AND AED CERTIFICATION.11
(2) (a) T HE FIRST AID , CPR, AND AED EDUCATION COURSES12
REQUIRED BY SUBSECTION (1) OF THIS SECTION MUST INCLUDE:13
(I) IDENTIFYING SIGNS OF AND TREATING:14
(A) HEAT- AND COLD-RELATED CONDITIONS;15
(B) EXTERNAL BLEEDING;16
(C) MUSCULAR AND SKELETAL INJURIES; AND17
(D) HEAD, NECK, AND SPINAL INJURIES; AND18
(II) CPR AND AED TRAINING.19
(b) EACH YOUTH SPORTS ORGANIZATION MAY DESIGNATE SPECIFIC20
EDUCATION COURSES AS SUFFICIENT TO MEET THE REQUIREMENTS OF21
SUBSECTION (1) OF THIS SECTION.22
(3) N OTHING IN THIS SECTION ABROGATES OR LIMITS THE23
PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES24
PURSUANT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT",25
ARTICLE 10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT26
TO SECTIONS 13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS27
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PURSUANT TO SECTIONS 33-44-112 AND 33-44-113.1
SECTION 3. In Colorado Revised Statutes, 26.5-4-403, amend2
(1); and add (1.5) as follows:3
26.5-4-403. Background checks required. 4
(1) (a) (I) A youth sports organization operating in the state of5
Colorado shall require all coaches AND CHAPERONES WHO WORK6
DIRECTLY, OR WILL WORK DIRECTLY , WITH YOUTH , to obtain, prior to7
starting work EMPLOYMENT OR TAKING AN OVERNIGHT TRIP, AND EVERY8
THREE YEARS THEREAFTER FOR THE DURATION OF EMPLOYMENT OR9
CHAPERONE INVOLVEMENT , A CRIMINAL HISTORY RECORD CHECK , a10
SEVEN-YEAR criminal history record check THAT INCLUDES ALIASES OF11
THE COACH OR CHAPERONE by a private entity regulated as a consumer12
reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., and that13
discloses, at a minimum, sexual offenses and felony convictions and14
includes a social security number trace and a search of the Colorado15
judicial public records access system. FOR A COACH OR CHAPERONE WHO16
WAS HIRED OR APPROVED AS A COACH OR CHAPERONE PRIOR TO THE17
EFFECTIVE DATE OF THIS SECTION , THE YOUTH SPORTS ORGANIZATION18
SHALL REQUIRE THE COACH OR CHAPERONE TO OBTAIN A CRIMINAL19
HISTORY RECORD CHECK THAT CONFORMS TO THIS SECTION WITHIN SIX20
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.21
(II) IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED22
STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN23
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE24
COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK, THE25
COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL26
HISTORY RECORD CHECK THAT INCLUDES ALIASES OF THE COACH OR27
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CHAPERONE, AND THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND1
FELONY CONVICTIONS; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN2
THE COUNTRY ON AN INTERNATI ONAL WORK VISA, THEN THE COACH OR3
CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).4
(III) The criminal history record check must ascertain, to the5
GREATEST extent possible, whether the person being investigated has been6
convicted of felony child abuse as specified in section 18-6-401; a felony7
offense involving unlawful sexual behavior, as defined in section8
16-22-102 (9); A CRIME OF VIOLENCE AS DESCRIBED IN SECTION9
18-1.3-406; A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II); or a10
comparable offense committed in any other state.11
(b) A youth sports organization shall not hire a coach OR APPROVE12
A PERSON AS A CHAPERONE if a criminal history record check of the13
person performed pursuant to subsection (1)(a) of this section shows that14
the person has been convicted of, pled nolo contendere to, or has received15
a deferred sentence or deferred prosecution for felony child abuse, as16
specified in section 18-6-401; a felony offense involving unlawful sexual17
behavior, as defined in section 16-22-102 (9); A CRIME OF VIOLENCE AS18
DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN SECTION 18-1.3-40619
(2)(a)(II); or any comparable offense committed in any other state.20
(1.5) (a) A PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO21
TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT22
WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK23
PURSUANT TO THIS SECTION , OR IS UNABLE TO OBTAIN A CRIMINAL24
HISTORY RECORD CHECK, MUST AT ALL TIMES BE SUPERVISED BY A PERSON25
WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL26
HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.27
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(b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A YOUTH1
SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL2
HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE3
CAPACITY OF A COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS4
IN A PASSING, GENERAL, OR NOMINAL MANNER. A VOLUNTEER DESCRIBED5
BY THIS SUBSECTION (1.5)(b) MUST BE SUPERVISED AT ALL TIMES BY A6
PERSON WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A7
CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS8
SECTION.9
SECTION 4. In Colorado Revised Statutes, add 13-80-103.4 as10
follows:11
13-80-103.4. Limitation of actions - failure to perform a12
background check by a youth sports organization - injury to a child13
- definitions.14
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE15
REQUIRES:16
(a) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF17
AGE.18
(b) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH19
IN SECTION 29-1-102.20
(c) "SEXUAL OFFENSE AGAINST A CHILD" INCLUDES ALL OFFENSES21
LISTED IN SECTION 18-3-411 (1).22
(d) "YOUTH SPORTS ORGANIZATION" HAS THE SAME MEANING AS23
SET FORTH IN SECTION 26.5-4-401.24
(e) "Y OUTH SPORTS REQUIRED BACKGROUND CHECK " MEANS A25
BACKGROUND CHECK THAT COMPLIES WITH SECTION 26.5-4-403,26
29-7.1-102, OR 29-7.1-103.27
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(2) I N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A1
YOUTH SPORTS REQUIRED BACKGR OUND CHECK PURSUANT TO THIS2
SECTION, A PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE3
FOLLOWING FACTS AND CIRCUMSTANCES:4
(a) (I) T HE YOUTH SPORTS ORGANIZATION OR LOCAL5
GOVERNMENT, IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN6
A SETTING WITH CHILDREN, DID NOT PERFORM A YOUTH SPORTS REQUIRED7
BACKGROUND CHECK ON THE INDIVIDUAL, AND THE FAILURE TO CONDUCT8
THE REQUIRED BACKGROUND CHECK WAS THE RESULT OF THE YOUTH9
SPORTS ORGANIZATION 'S OR LOCAL GOVERNMENT 'S DELIBERATE10
INDIFFERENCE OR RECKLESS DISREGARD OF ITS OBLIGATION TO CONDUCT11
THE BACKGROUND CHECK AS PROVIDED BY LAW. ORDINARY NEGLIGENCE12
OR UNINTENTIONAL OVERSIGHT IS NOT SUFFICIENT TO BRING AN ACTION.13
(II) THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT,14
IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH15
CHILDREN, PERFORMED A YOUTH SPORTS REQUIRED BACKGROUND CHECK16
OF THE INDIVIDUAL AND THE REQUIRED BACKGROUND CHECK SHOWED17
THAT THE INDIVIDUAL WAS INELIGIBLE TO BE HIRED OR APPROVED18
PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103; OR19
(III) THE INDIVIDUAL WAS NOT REQUIRED TO OBTAIN A CRIMINAL20
HISTORY RECORD CHECK OR WAS UNABLE TO OBTAIN A CRIMINAL HISTORY21
RECORD CHECK AND THE YOUTH SPORTS ORGANIZATION OR LOCAL22
GOVERNMENT FAILED TO HAVE THE INDIVIDUAL SUPERVISED BY AN23
EMPLOYEE OR VOLUNTEER WHO WAS HIRED OR APPROVED AFTER24
OBTAINING A CRIMINAL HISTORY RECORD CHECK;25
(b) THE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE26
TO BE HIRED PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR27
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29-7.1-103; AND1
(c) T HE INDIVIDUAL COMMI TTED ONE OF THE FOLLOWING2
OFFENSES AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN3
CONTACT IN THE COURSE OF THE INDIVIDUAL 'S EMPLOYMENT WITH THE4
YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT:5
(I) SEXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;6
(II) SEXUAL OFFENSE AGAINST A CHILD;7
(III) CHILD ABUSE AS DESCRIBED IN SECTION 18-6-401;8
(IV) A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406;9
OR10
(V) A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II).11
SECTION 5. In Colorado Revised Statutes, amend 29-7.1-10112
as follows:13
29-7.1-101. Definitions. 14
As used in this article 7.1, unless the context otherwise requires:15
(1) "Coach" means a person employed or volunteering as a coach,16
manager, or supervisor of a youth athletic activity but does not include17
occasional assistance with or support of the youth athletic activity by a18
person, including the action of other volunteers or employees of the local19
government in a pa ssing, general, or nominal manner. "C HAPERONE"20
MEANS A PERSON WHO ACCOMPANIES A YOUTH ATHLETIC ACTIVITY IN AN21
OFFICIAL CAPACITY ON A TRIP THAT INCLUDES ONE OR MORE OVERNIGHT22
STAYS.23
(2) "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS24
A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT25
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE26
YOUTH ATHLETIC ACTIVITY BY A PERSON , INCLUDING THE ACTION OF27
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OTHER VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A1
PASSING, GENERAL, OR NOMINAL MANNER.2
(3) "EMPLOYMENT" MEANS A JOB OR POSITION IN WHICH A PERSON3
MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH ATHLETIC4
ACTIVITY BY A LOCAL GOVERNMENT FOR SALARY OR HOURLY WAGES ,5
WHETHER FULL TIME OR PART TIME , AND WHETHER TEMPORARY OR6
PERMANENT.7
(2) (4) "Local government" has the same meaning as set forth in8
section 29-1-102.9
(3) (5) "Youth athletic activity" means an organized athletic10
activity in which the majority of the participants are less than eighteen11
years of age and are engaging in an organized athletic game, competition,12
or training program. "Youth athletic activity" does not include travel or13
trips not organized or supervised by the local government OR AN14
ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A NONATHLETIC PROGRAM OR15
A LESSON.16
SECTION 6. In Colorado Revised Statutes, amend 29-7.1-10317
as follows:18
29-7.1-103. Criminal history record check for paid coaches.19
(1) (a) (I) Prior to the employment of any A person as a coach of20
OR APPROVAL AS A CHAPERONE OF a youth athletic activity by a local21
government, the local government shall require a SEVEN-YEAR criminal22
history record check of the person by a private entity regulated as a23
consumer reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., that24
discloses, at a minimum, sexual offenses and felony convictions and25
includes a social security number trace and a search of the Colorado26
judicial public records access system.27
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(II) IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED1
STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN2
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE3
COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK WAS4
CONDUCTED, THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN5
INTERNATIONAL CRIMINAL HISTORY RECORD CHECK , WHICH INCLUDES6
ALIASES OF THE COACH OR CHAPERONE, THAT, AT A MINIMUM, DISCLOSES7
SEXUAL OFFENSES AND FELONY CONVICTIONS ; EXCEPT THAT , IF THE8
COACH OR CHAPERONE IS IN THE COUNTRY ON AN INTERNATIONAL WORK9
VISA, THEN THE COACH OR CHAPERONE IS EXEMPT FROM THIS SUBSECTION10
(1)(a)(II).11
(a.5) EACH JULY 1, THE LOCAL GOVERNMENT SHALL REQUIRE A12
CRIMINAL HISTORY RECORD CHECK IN CONFORMITY WITH THE PROVISIONS13
OF THIS SECTION OF EACH PERSON EMPLOYED AS A COACH OR APPROVED14
AS A CHAPERONE OF A YOUTH ATHLETIC ACTIVITY WHO HAS NOT HAD A15
CRIMINAL HISTORY RECORD CHECK IN THE LAST THREE YEARS.16
(b) The criminal history record check must ascertain whether the17
person being investigated has been convicted of, pled nolo contendere to,18
or has received a deferred sentence or deferred prosecution for felony19
child abuse as specified in section 18-6-401; a felony offense involving20
unlawful sexual behavior, as defined in section 16-22-102 (9); A CRIME21
OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN22
SECTION 18-1.3-406 (2)(a)(II); or a comparable offense committed in any23
other state.24
(2) A person who has been convicted of, pled nolo contendere to,25
or received a deferred sentence or deferred prosecution for felony child26
abuse as specified in section 18-6-401; a felony offense involving27
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unlawful sexual behavior, as defined in section 16-22-102; A CRIME OF1
VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN2
SECTION 18-1.3-406 (2)(a)(II); A COMPARABLE CHILD ABUSE OR3
UNLAWFUL SEXUAL BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE;4
or a AN offense committed in any other state is disqualified from5
employment as a coach of a youth athletic activity.6
(3) A LOCAL GOVERNMENT SHALL REQUIRE THAT A PERSON ,7
INCLUDING A COACH WHO TAKES PART IN THE ACTIVITIES OF A YOUTH8
SPORTS ACTIVITY BUT WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL9
HISTORY RECORD CHECK PURSUANT TO THIS SECTION OR IS UNABLE TO10
OBTAIN A CRIMINAL HISTORY RECORD CHECK , BE SUPERVISED AT ALL11
TIMES BY A COACH WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING12
A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF13
THIS SECTION.14
(4) A PERSON WHO ACTS AS AN EMPLOYED COACH OF A YOUTH15
ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED16
CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).17
SECTION 7. In Colorado Revised Statutes, add 29-7.1-103.5 as18
follows:19
29-7.1-103.5. Criminal history record check for volunteer20
coaches - CPR and first aid training.21
(1) (a) (I) P RIOR TO THE START OF A PERSON AS A VOLUNTEER22
COACH OF A YOUTH ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT, THE23
LOCAL GOVERNMENT SHALL REQUIRE A SEVEN-YEAR CRIMINAL HISTORY24
RECORD CHECK OF THE PERSON BY A PRIVATE ENTITY REGULATED AS A25
CONSUMER REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET26
SEQ., THAT DISCLOSES , AT A MINIMUM , SEXUAL OFFENSES AND FELONY27
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CONVICTIONS AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A1
SEARCH OF THE COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM.2
(II) IF A VOLUNTEER COACH HAS LIVED OUTSIDE OF THE UNITED3
STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN4
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE5
VOLUNTEER COACH 'S LAST CRIMINAL HISTORY RECORD CHECK WAS6
CONDUCTED, THE VOLUNTEER COACH SHALL ALSO OBTAIN AN7
INTERNATIONAL CRIMINAL HISTORY RECORD CHECK, INCLUDING ALIASES8
OF THE VOLUNTEER COACH , THAT , AT A MINIMUM , DISCLOSES SEXUAL9
OFFENSES AND FELONY CONVICTIONS; EXCEPT THAT, IF THE VOLUNTEER10
COACH IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA, THEN THE11
VOLUNTEER COACH IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).12
(b) T HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN13
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF14
FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY15
OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN16
SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION17
18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406 (2 )(a)(II), OR A18
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE.19
(2) A LOCAL GOVERNMENT SHALL NOT APPROVE A PERSON20
CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401,21
A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED22
IN SECTION 16-22-102, A CRIME OF VIOLENCE AS DESCRIBED IN SECTION23
18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II), OR A24
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE AS AN25
UNSUPERVISED VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY.26
(3) (a) A PERSON, INCLUDING A COACH OR VOLUNTEER WHO TAKES27
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PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS1
NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT2
TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD3
CHECK, MUST AT ALL TIMES BE SUPERVISED BY A COACH OR VOLUNTEER4
WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL5
HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.6
(b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LOCAL7
GOVERNMENT IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD8
CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A9
COACH AND ONLY OCCASIONALLY ASSISTS IN A PASSING , GENERAL , OR10
NOMINAL MANNER. A VOLUNTEER DESCRIBED BY THIS SUBSECTION (3)(b)11
SHALL BE SUPERVISED AT ALL TIMES BY A COACH OR VOLUNTEER WHO HAS12
BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD13
CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.14
(4) A PERSON WHO ACTS AS A VOLUNTEER COACH OF A YOUTH15
ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED16
CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).17
SECTION 8. In Colorado Revised Statutes, 29-7.1-104, amend18
(2), (3), and (4) as follows:19
29-7.1-104. Criminal history record checks - fees - reliance -20
not an open record.21
(2) This article 7.1 does not require a second or subsequent22
criminal history record check for a coach OR VOLUNTEER COACH who has23
had a criminal history record check prior to August 7, 2024.24
(3) A local government may rely on the results of the criminal25
history record check when making hiring and employment decisions AND26
WHEN MAKING THE DECISION TO ALLOW A PERSON TO ACT AS A27
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CHAPERONE OR VOLUNTEER COACH and is immune from civil liability1
unless the local government knows the information is false or acts with2
reckless disregard concerning the veracity of such information.3
(4) Any information received by a local government on the4
criminal history record check for a coach, CHAPERONE, OR VOLUNTEER5
COACH as required by this article 7.1 is not subject to the provisions of6
part 2 of article 72 of title 24.7
SECTION 9. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly (August10
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a11
referendum petition is filed pursuant to section 1 (3) of article V of the12
state constitution against this act or an item, section, or part of this act13
within such period, then the act, item, section, or part will not take effect14
unless approved by the people at the general election to be held in15
November 2026 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
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