Colorado 2023 2023 Regular Session

Colorado House Bill HB1108 Introduced / Bill

Filed 01/23/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 23-0077.01 Chelsea Princell x4335
HOUSE BILL 23-1108
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF A TASK FORCE TO STUDY VICTIM AND101
SURVIVOR AWARENESS AND RE SPONSIVENESS TRAINING102
REQUIREMENTS FOR JUDICIAL PERSONNEL .103
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates a task force to study victim and survivor awareness
and responsiveness training requirements for judicial personnel (task
force) in the office for victims programs in the division of criminal
justice. The task force consists of members who have experience
representing victims and survivors of domestic violence, sexual assault,
HOUSE SPONSORSHIP
Duran and Evans, 
SENATE SPONSORSHIP
(None), 
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. or other crimes; lived experience as a victim or survivor of domestic
violence, sexual assault, or other crimes; or are members of the judicial
community.
The task force is required to analyze current training provided to
judicial personnel around the country on topics of domestic violence,
sexual assault, and other crimes, in order to determine best practices and
training requirements for judicial personnel in the state.
The task force is required to convene by July 1, 2023, and is
required to meet at least 4 times but not more than 10 times. The task
force is required to submit a report with its findings and recommendations
to the house of representatives judiciary committee and the senate
judiciary committee, or their successor committees, and the judicial
department by November 1, 2023. The task force must convene its final
meeting no later than October 15, 2023.
The task force is repealed, effective July 1, 2024.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-33.5-534 as2
follows:3
24-33.5-534.  Task force to study victim and survivor4
awareness and responsiveness training requirements for judicial5
personnel - creation - membership - duties - report - definitions -6
repeal. (1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a)  "J
UDICIAL PERSONNEL" MEANS JUDGES, OTHER JUDICIAL9
OFFICERS, AND COURT STAFF , BUT DOES NOT INCLUDE DISTRICT10
ATTORNEYS OR PUBLIC DEFENDERS .11
(b)  "T
ASK FORCE" MEANS THE TASK FORCE TO STUDY VICTIM AND12
SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS13
FOR JUDICIAL PERSONNEL CREATED IN SUBSECTION (2) OF THIS SECTION.14
(2)  T
HERE IS CREATED IN THE OFFICE FOR VICTIMS PROGRAMS IN15
THE DIVISION OF CRIMINAL JUSTICE THE TASK FORCE TO STUDY VICTIM16
AND SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING17
HB23-1108-2- REQUIREMENTS FOR JUDICIAL PERSONNEL .1
(3)  T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS SHALL2
APPOINT THE FOLLOWING MEMBERS TO SERVE ON THE TASK FORCE :3
(a)  A
 VICTIM WITNESS ASSISTANT OR ADVOCATE IN A DISTRICT4
ATTORNEY OFFICE;5
(b)  A
 REPRESENTATIVE FROM A DISTRICT ATTORNEY OFFICE ;6
(c)  A
 STATE COURT JUDGE;7
(d)  A
 REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT8
SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE ;9
(e)  A
 REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT10
SUPPORTS VICTIMS AND SURVIVORS OF CRIME OR VIOLENCE OTHER THAN11
DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;12
(f)  A
 REPRESENTATIVE OF AN ORGANIZATION PROVIDING LEGAL13
SERVICES TO VICTIMS AND SURVIVORS;14
(g)  A
 RETIRED JUDGE WHOSE DOCKET INCLUDED CRIMINAL CASES ;15
(h)  A
 CONFIDENTIAL ADVOCATE WHO WORKS WITH SURVIVORS OF16
DOMESTIC VIOLENCE AND SEXUAL ASSAULT ;17
(i)  A
 FAMILY LAW ATTORNEY;18
(j)  A
 REPRESENTATIVE OF AN ORGANIZATION THAT PROVIDES CIVIL19
LEGAL SERVICES;20
(k)  A
 SURVIVOR OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;21
(l)  A
 VICTIM OF A CRIME OTHER THAN DOMESTIC VIOLENCE OR22
SEXUAL ASSAULT;23
(m)  A
 CITIZEN OF A SMALL OR RURAL COMMUNITY ;24
(n)  A
 REPRESENTATIVE OF A CULTURALLY SPECIFIC ORGANIZATION25
THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS OR SURVIVORS26
OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;27
HB23-1108
-3- (o)  AN INDIVIDUAL OTHER T HAN A JUDGE WHO IS COURT1
PERSONNEL;2
(p)  A
 REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT3
SERVES OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT ; AND4
(q)  A
 REPRESENTATIVE OF A FAMILY JUSTICE CENTER .5
(4)  T
HE TASK FORCE SHALL ELECT A CHAIR AND VICE-CHAIR AT ITS6
FIRST MEETING. THE MEMBERS SERVING AS CHAIR AND VICE-CHAIR SHALL7
SERVE AS CHAIR AND VICE-CHAIR FOR THE DURATION OF THE TASK FORCE.8
I
N THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT9
PREVENTS THE CHAIR OR VICE-CHAIR FROM CARRYING OUT THE CHAIR'S OR10
VICE-CHAIR'S DUTIES, THE TASK FORCE SHALL NOMINATE AND ELECT A11
REPLACEMENT CHAIR OR VICE-CHAIR AT THE NEXT MEETING.12
(5)  T
HE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR13
THE DURATION OF THE TASK FORCE. A VACANCY MUST BE FILLED AS SOON14
AS POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS .15
(6)  T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS SHALL16
MAKE APPOINTMENTS ON OR BEFORE JUNE 1, 2023. IN MAKING17
APPOINTMENTS TO THE TASK FORCE , THE MANAGER OF THE OFFICE FOR18
VICTIMS PROGRAMS SHALL ENSURE THAT THE APPOINTEES INCLUDE19
PERSONS WHO HAVE EXPERIENCE WITH OR INTEREST IN THE TASK FORCE20
STUDY AREAS SET FORTH IN SUBSECTION (9) OF THIS SECTION.21
(7)  M
EMBERS OF THE TASK FORCE SERVE WITHOUT22
COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE23
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED24
WITH THEIR DUTIES ON THE TASK FORCE.25
(8)  T
HE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO LATER26
THAN JULY 1, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES27
HB23-1108
-4- BUT NOT MORE THAN TEN TIMES . THE TASK FORCE SHALL CONVENE ITS1
FINAL MEETING NO LATER THAN OCTOBER 15, 2023.2
(9)  T
HE TASK FORCE SHALL, AT A MINIMUM, DETERMINE AND3
ANALYZE THE FOLLOWING :4
(a)  C
URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON5
TOPICS RELATED TO SEXUAL ASSAULT , HARASSMENT, STALKING AND6
DOMESTIC VIOLENCE;7
(b)  G
APS IN CURRENT TRAINING IN COLORADO AND HOW TO FILL8
THOSE GAPS;9
(c)  B
EST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES10
AND APPROACHES IN THE COURTS ;11
(d)  S
TRATEGIES TO ENSURE TRAINING IS EFFECTIVE FOR LEARNING12
ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME , DOMESTIC13
VIOLENCE, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND14
INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE15
RETRAUMATIZATION OF VICTIMS AND SURVIVORS ;16
(e)  A
PPROACHES TO BEST PROVIDE TRAINING ON GENDER -BASED17
VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES ;18
(f)  T
HE AMOUNT OF TRAINING JUDICIAL PERSONNEL CURRENTLY19
RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS TO20
ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE RIGHTS OF21
VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS OF22
DEFENDANTS; AND23
(g)  A
NY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS24
NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL25
REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE , SEXUAL26
ASSAULT, AND OTHER CRIMES.27
HB23-1108
-5- (10)  ON OR BEFORE NOVEMBER 1, 2023, THE TASK FORCE SHALL1
SUBMIT A REPORT, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON2
CONSIDERATIONS AND GUI DANCE IDENTIFIED IN SUBSECTION 	(9) OF THIS3
SECTION TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND4
THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,5
AND THE JUDICIAL DEPARTMENT. ALL RECOMMENDATIONS MADE BY THE6
TASK FORCE MUST BE APPROVED BY A MAJORITY OF THE TASK FORCE7
MEMBERS IN ORDER TO BE INCLUDED IN THE REPORT .8
(11)  T
HE TASK FORCE MAY WORK WITH OTHER GROUPS , TASK9
FORCES, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS10
THE TASK FORCE IS RESPONSIBLE FOR STUDYING .11
(12)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.12
SECTION 2. Safety clause. The general assembly hereby finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety.15
HB23-1108
-6-