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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0968.01 Lindy Schaible x4215 SENATE BILL 26-166
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING SCHOOL BOARD MEMBER DISQUALIFYING CONVICTIONS.101
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.)
Current law disqualifies a person convicted of committing a sexual
offense against a child from being a school director of a school district,
commonly known as a school board member. The bill adds convictions
for crimes of violence and for felony drug offenses involving distribution,
manufacturing, dispensing, or sale of a controlled substance to the list of
offenses that disqualify a person from being a school board member. The
bill specifies that a person is disqualified only for crimes of violence
offenses and felony drug offenses committed when the person was an
SENATE SPONSORSHIP
Benavidez and Kipp,
HOUSE SPONSORSHIP
Goldstein,
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.
adult.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-31-107, amend2
(5) as follows:3
22-31-107. Candidates for school director - call - qualification4
- nomination - definitions.5
(5) (a) (I) Any A person who has been convicted of commission6
of a sexual offense against a child shall not be IS NOT eligible for the7
office of school director of a school district. A DDITIONALLY, A PERSON8
WHO HAS BEEN CONVICTED OF ANY OF THE FOLLOWING OFFENSES AND9
WAS EIGHTEEN YEARS OLD OR OLDER AT THE TIME OF THE OFFENSE IS NOT10
ELIGIBLE FOR THE OFFICE OF SCHOOL DIRECTOR OF A SCHOOL DISTRICT:11
(A) A CRIME OF VIOLENCE; OR12
(B) A FELONY DRUG OFFENSE INVOLVING DISTRIBUTION ,13
MANUFACTURING, DISPENSING, OR SALE.14
(II) If a person becomes ineligible pursuant to the terms of this15
subsection (5) while serving as a school director, a vacancy shall be IS16
deemed to exist that shall MUST be filled as provided in section17
22-31-129.18
(b) For purposes of AS USED IN this subsection (5), UNLESS THE19
CONTEXT OTHERWISE REQUIRES:20
(I) "C RIME OF VIOLENCE " MEANS AN OFFENSE DESCRIBED IN21
SECTION 18-1.3-406, OR AN OFFENSE WITH SUBSTANTIALLY SIMILAR22
ELEMENTS UNDER THE LAWS OF ANOTHER STATE, THE UNITED STATES, OR23
ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES.24
"CRIME OF VIOLENCE " ALSO MEANS ATTEMPT , SOLICITATION , OR25
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CONSPIRACY TO COMMIT ANY OF THE OFFENSES SPECIFIED IN THIS1
SUBSECTION (5)(b)(I).2
(II) "F ELONY DRUG OFFENSE INVOLVING DISTRIBUTION ,3
MANUFACTURING, DISPENSING, OR SALE" MEANS A FELONY DRUG OFFENSE4
DESCRIBED IN PART 4 OF ARTICLE 18 OF TITLE 18 INVOLVING5
DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE OF A CONTROLLED6
SUBSTANCE OR A CONTROLLED SUBSTANCE ANALOG, OR AN OFFENSE WITH7
SUBSTANTIALLY SIMILAR ELEMENTS UNDER THE LAWS OF ANOTHER STATE,8
THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION9
OF THE UNITED STATES. "FELONY DRUG OFFENSE I NVOLVING10
DISTRIBUTION, MANUFACTURING , DISPENSING , OR SALE " ALSO MEANS11
ATTEMPT, SOLICITATION , OR CONSPIRACY TO COMMIT ANY OF THE12
OFFENSES SPECIFIED IN THIS SUBSECTION (5)(b)(II).13
(III) "Sexual offense against a child" means any of the offenses14
described in sections 18-3-305, 18-3-405, 18-3-405.3, 18-3-504 (2),15
18-6-301, 18-6-302, 18-6-403, 18-6-404, and 18-7-402 to 18-7-406,16
C.R.S., and any of the offenses described in sections 18-3-402 to17
18-3-404 and 18-7-3 02, C.R.S., wh ere the victim is less than eighteen18
years of age SECTIONS 18-3-305, 18-3-402, 18-3-404, 18-3-405,19
18-3-405.3, 18-3-405.4, 18-3-504 (2), 18-6-301, 18-6-302, 18-6-403,20
18-6-404, 18-7-302, 18-7-402, 18-7-403, 18-7-404, 18-7-405, AND21
18-7-406 WHEN THE VICTIM IS UNDER EIGHTEEN YEARS OLD , OR AN22
OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS UNDER THE LAWS OF23
ANOTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO24
THE JURISDICTION OF THE UNITED STATES. "Sexual offense against a25
child" also means attempt, solicitation, or conspiracy to commit any of the26
offenses specified in this paragraph (b) SUBSECTION (5)(b)(III).27
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(c) For purposes of this subsection (5), "convicted" includes1
having pleaded PLEADING guilty or nolo contendere or having received2
RECEIVING a deferred judgment and sentence; except that a person shall3
MUST not be deemed to have been convicted if the person has successfully4
completed a deferred sentence.5
SECTION 2. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly (August8
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a9
referendum petition is filed pursuant to section 1 (3) of article V of the10
state constitution against this act or an item, section, or part of this act11
within such period, then the act, item, section, or part will not take effect12
unless approved by the people at the general election to be held in13
November 2026 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
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