2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COURTS OF RECORD (§§ 13-1-101 — 13-9-124) › Article 9 - PROBATE COURT OF DENVER (§§ 13-9-101 — 13-9-124) › Section 13-9-123 - National instant criminal background check system - reporting

(1)
On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section
24-33.5-401
, referred to in this section as the "bureau":
(a)
The name of each person who has been found to be incapacitated by order of the court pursuant to part 3 of article
14
of title
15
, C.R.S.;
(b)
The name of each person who has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section
27-81-112
; and
(c)
The name of each person with respect to whom the court has entered an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section
27-65-108.5
or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section
27-65-109(10)
, or for long-term care and treatment of a mental health disorder pursuant to section
27-65-110
.
(1.5)
Not more than forty-eight hours after receiving notification of a person who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state court administrator shall report such fact to the bureau.
(2)
Any report made by the state court administrator pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with
18 U.S.C. sec. 922(g)(4)
.
(3)
The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if:
(a)
The person to whom the record pertains makes a written request to the state court administrator; and
(b)
No less than three years before the date of the written request:
(I)
The court entered an order pursuant to section
15-14-318
, C.R.S., terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in the national instant criminal background check system is based on a finding of incapacity;
(II)
The period of certification or commitment of the most recent order of certification, commitment, recertification, or recommitment expired, or the court entered an order terminating the person's incapacity or discharging the person from certification or commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of certification or commitment to the custody of the behavioral health administration in the department of human services; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered pursuant to section
27-81-112(7) and (8)
, or who was discharged from treatment pursuant to section
27-81-112(11)
, on the grounds that further treatment is not likely to bring about significant improvement in the person's condition; or
(III)
The record in the case was sealed pursuant to section
27-65-109(7)
, or the court entered an order discharging the person from certification in the nature of habeas corpus pursuant to section
27-65-115
, if the record in the national instant criminal background check system is based on a court order for involuntary certification for short-term treatment of a mental health disorder.
(4)
Pursuant to section 102 (c) of the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record reported by the state court administrator pursuant to subsection (1) of this section does not apply or no longer applies, shall:
(a)
Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and
(b)
Notify the attorney general that such basis does not apply or no longer applies.
Amended by 2023 Ch. 423,§ 9, eff. 7/1/2024.
Amended by 2022 Ch. 451, §17, eff. 8/10/2022.
Amended by 2022 Ch. 222, §11, eff. 7/1/2022.
Amended by 2020 Ch. 70, §4, eff. 9/14/2020.
Amended by 2020 Ch. 286, §44, eff. 7/13/2020.
Amended by 2018 Ch. 35, §10, eff. 8/8/2018.
Amended by 2017 Ch. 263, §7, eff. 5/25/2017.
Amended by 2013 Ch. 47, §4, eff. 3/20/2013.
L. 2002: Entire section added, p. 754, § 2, effective 1/1/2003. L. 2010: (1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 781, p. 781, § 16, effective April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB 13 -1229), ch. 134, p. 134, § 4, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended, (SB 17-242), ch. 1252, p. 1252, § 7, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended, (SB 18 -091), ch. 383, p. 383, § 10, effective August 8. .
2023 Ch. 423, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.