Colorado § 24-33.5-424.5 - Fingerprint-based criminal history record checks - local government entities - definitions.

§ 24-33.5-424.5. Fingerprint-based criminal history record checks - local government entities - definitions.

(1) (a) A local government entity that requires by ordinance or resolution, in accordance with 34 U.S.C. sec. 41101, that an applicant or licensee submit to a fingerprint-based criminal history record check shall submit the applicant's or licensee's fingerprints to the Colorado bureau of investigation for the purpose of conducting the fingerprint-based criminal history record check.

(b) The applicant, licensee, or local government entity, as required by ordinance or resolution, must pay the costs associated with the fingerprint-based criminal history record check.

(c) After submitting an application that requires a fingerprint-based criminal history record check, the applicant or licensee shall have the applicant's or licensee's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant or licensee shall authorize the entity taking the applicant's or licensee's fingerprints to submit, and the entity shall submit, the complete set of the applicant's or licensee's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(d) If an approved third party takes the applicant's or licensee's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's or licensee's information for more than thirty days after the information is collected.

(e) The Colorado bureau of investigation shall use the applicant's or licensee'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, applicant, licensee, local government entity, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(f) The Colorado bureau of investigation shall return the results of its criminal history record check to the local government entity, and the local government entity is authorized to receive the results of the federal bureau of investigation's criminal history record check. The local government entity shall use the information resulting from the criminal history record check to investigate and determine whether an applicant or licensee is qualified.

(g) When the results of a fingerprint-based criminal history record check of an applicant or licensee performed pursuant to this section reveal a record of arrest without a disposition, the local government entity shall require the applicant or licensee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

(2) As used in this section:

(a) "Applicant" means an individual who a local government entity requires by ordinance or resolution to submit to a fingerprint-based criminal history record check as part of an application for a license, certificate, certification, letter of authorization, or registration.

(b) "Licensee" means an individual who a local government entity requires by ordinance or resolution to submit to a fingerprint-based criminal history record check in connection with a license, certificate, certification, letter of authorization, or registration.

(c) "Local government entity" includes a county, municipality, and city and county.

Source: L. 2025: Entire section added, (SB 25-146), ch. 342, p. 1851, § 2, effective June 2.