Colorado § 42-2-602.5 - Criminal history of commercial driving instructors - rules - definition - repeal.

§ 42-2-602.5. Criminal history of commercial driving instructors - rules - definition - repeal.

[Editor's note: For the applicability of this section, see the editor's note following this section.]

(1) A commercial driving instructor shall not provide, and a commercial driving school shall not employ a commercial driving instructor to provide, driving instruction to a minor or at-risk adult if the commercial driving instructor has been, within the last twenty years, convicted of or plead guilty or nolo contendere to:

(a) A violation of article 3; part 4 or 8 of article 6; article 6.5; or part 4, 5, or 8 of article 7 of title 18;

(b) Any other crime that the department determines, by rule, places a minor or at-risk adult at risk of sexual misconduct or violence when with the commercial driving instructor; or

(c) A violation of article 2 of title 18, the basis of which is an offense listed in subsection (1)(a) or (1)(b) of this section.

(2) (a) A commercial driving school shall not employ or authorize a commercial driving instructor to provide driving instruction to a minor or at-risk adult unless the commercial driving instructor has obtained a fingerprint-based criminal history record check in accordance with subsection (2)(b) of this section; except that a commercial driving instructor may provide driving instruction on a probationary basis while the results of the record check are pending. The commercial driving school shall submit to the department the name of each commercial driving instructor that it intends to employ or to authorize to provide driving instruction to minors or at-risk adults.

(b) (I) The department shall require each commercial driving instructor who provides or is retained to provide driving instruction to minors or at-risk adults to have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The commercial driving instructor shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(II) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.

(III) The Colorado bureau of investigation shall use the commercial driving instructor's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, commercial driving instructor, department, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(IV) The Colorado bureau of investigation shall return the results of its criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for employment as a commercial driving instructor pursuant to subsection (1) of this section.

(V) When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of a commercial driving instructor, the Colorado bureau of investigation shall inform the department and the department shall inform the commercial driving school, and the commercial driving school shall require the commercial driving instructor to conduct a criminal history record check of the person using Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this subsection (2).

(VI) When the results of a criminal history record check of an applicant performed pursuant to this subsection (2) reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(VII) The department shall notify the commercial driving school whether the commercial driving instructor qualifies or is disqualified from providing instruction in accordance with subsection (1) of this section.

(VIII) The commercial driving school shall pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.

(3) As used in this section, "at-risk adult" has the meaning set forth in section 18-6.5-102 (2).

(4) (a) This section takes effect July 1, 2026.

(b) This subsection (4) is repealed, effective July 1, 2027.

Source: L. 2024: Entire section added, (HB 24-1021), ch. 174, p. 950, § 4, effective April 1, 2026 (see editor's note).

Editor's note: (1) Section 5(1) of chapter 174 (HB 24-1021), Session Laws of Colorado 2024, provides that the act adding this section takes effect April 1, 2026. Subsection (4)(a) of this section provides that this section takes effect July 1, 2026.

(2) Section 5(2) of chapter 174 (HB 24-1021), Session Laws of Colorado 2024, provides that the act adding this section applies to applications for instruction permits and driver's licenses submitted on or after January 1, 2027.