SB 21-017 CO

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Became Law

Under current law, a secondary school teacher who has sexual contact with a student who is 18 years of age or older may not have committed a crime. The act provides that an educator who subjects a secondary school student who is 18 years of age or older to sexual intrusion or sexual penetration commits the crime of abuse of public trust by an educator if the educator is at least 4 years older than the student. Abuse of public trust by an educator is a class 1 misdemeanor. Consent by the student is not a defense to the crime.The act requires a public school prior to employing a person to inquire with the department of education (department) regarding whether the person was dismissed or resigned based on an allegation of a sexual act with a student 18 years or older.The act requires that if an employee of a public school is dismissed or resigns as a result of an allegation of a sexual act involving a student who is 18 years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the governing board of the charter school or school board shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The public school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department. The act prohibits a public school from entering into a settlement agreement that would restrict the public school from sharing any relevant information related to an allegation of a sexual act involving a student who is 18 years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based.Under current law, the department of education can impose licensing sanctions on unethical behavior and professional incompetence. The act requires the state board of education to promulgate appropriate rules defining the standards of unethical behavior and professional incompetency. Unethical behavior must include conduct involving a sexual act between an applicant or holder and a student, including a student who is 18 years of age or older, regardless of whether the student consented to the sexual act.(Note: This summary applies to this bill as enacted.)

• Dennis Hisey · primary
• Rachel Zenzinger · primary
• Colin Larson · primary
• Mary Bradfield Republican · primary

1. Jul 2, 2021 Governor Signed · executive
2. Jun 15, 2021 Sent to the Governor · executive
3. Jun 14, 2021 Signed by the Speaker of the House · lower
4. Jun 14, 2021 Signed by the President of the Senate · upper
5. May 25, 2021 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass · upper
6. May 24, 2021 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass · lower
7. May 20, 2021 First Conference Committee Result was to Adopt Rerevised w/ Amendments · legislature
8. May 5, 2021 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee · upper
9. May 4, 2021 House Third Reading Passed - No Amendments · lower
10. May 3, 2021 House Second Reading Passed with Amendments - Committee · lower
11. Apr 28, 2021 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
12. Mar 16, 2021 House Committee on Judiciary Witness Testimony and/or Committee Discussion Only · lower
13. Mar 3, 2021 Introduced In House - Assigned to Judiciary · lower
14. Mar 2, 2021 Senate Third Reading Passed - No Amendments · upper
15. Mar 1, 2021 Senate Second Reading Passed with Amendments - Committee · upper
16. Feb 25, 2021 Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
17. Feb 16, 2021 Introduced In Senate - Assigned to Judiciary · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Signed Act (07/02/2021) · PDF
• Final Act (06/14/2021) · PDF
• Rerevised (05/04/2021) · PDF
• Revised (05/03/2021) · PDF
• Reengrossed (03/02/2021) · PDF
• Engrossed (2) (03/02/2021) · PDF
• Engrossed (03/01/2021) · PDF
• Introduced (02/16/2021) · PDF
• PA2 (04/29/2021) · PDF
• PA1 (03/01/2021) · PDF
• Committee Amendment · PDF
• Amendment L.001 · PDF