Joint Statement from Representative Anthony Hartsook and Senator Janice Rich Regarding HB26-1108:

As the sponsors of HB26-1108, our intentions are clear: to close the current gap in Colorado's public safety alert system and prevent avoidable victimization before it occurs.

Colorado law requires professionals to undergo fingerprint-based criminal history checks before working with vulnerable populations and in positions of trust. This includes individuals who work with children in schools and childcare settings, those involved in foster care and adoption, medical professionals, law enforcement officers, and others entrusted with significant responsibility.

Last year, we sponsored SB25-146 to ensure that individuals serving in these positions of trust meet defined standards for criminal history and professional conduct, this year our bill ensures those same standards remain enforceable when arrests occur outside of Colorado.

Today, if one of these individuals is arrested, the Colorado Bureau of Investigation (CBI) is only notified if that arrest occurs in the state of Colorado. However, if the same individual is arrested in another state, Colorado may never be informed, and employers could not take appropriate action. This is not just a dangerous information gap but a risk to public safety, especially for children and our most vulnerable populations. Public safety audits in Washington, Michigan, and Texas, discovered thousands of individuals in positions of public trust were arrested for new offenses outside their home state. These offenses would have remained unknown without the Rap Back Service.

HB26-1108 authorizes the Colorado Bureau of Investigation to participate in the Federal Bureau of Investigation's (FBI) Rap Back Service. This is only a notification through the FBI to CBI of an out-of-state arrest involving a previously fingerprinted individual in a position of trust. This allows CBI to receive real-time notifications of criminal history changes for individuals in positions of trust.

This is not a two-way information-sharing or tracking program, and participation does not allow the FBI or any governmental or law enforcement agency to access other information about those living and working in Colorado.

We know criminal activity doesn’t stop at state lines. Without this authorization to participate in Rap Back, out-of-state arrests will continue to go unnoticed by Colorado authorities, leaving children and other vulnerable groups at risk.

HB26-1108 has received support from law enforcement organizations such as the Colorado Association of Chiefs of Police (CACP) and County Sheriffs of Colorado (CSOC), who recognize the importance of closing this gap and ensuring consistent accountability for individuals in positions of trust.

George Brauchler, District Attorney for the 23rd Judicial District, affirmed support by stating, “At a time when extreme political ideologies have worked to make public safety more difficult to achieve by creating barriers between our law enforcement partners, this common sense bill takes a targeted and balanced approach to protecting our most vulnerable from those who hope to hide their out-of-state criminal behavior.”