First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0077.01 Chelsea Princell x4335
HOUSE BILL 23-1108
House Committees Senate Committees
Judiciary
Appropriations
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, AND, IN CONNECTION103
THEREWITH, MAKING AN APPROPRIATION .104
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
HOUSE
Amended 2nd Reading
March 3, 2023
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. justice. The task force consists of members who have experience
representing victims and survivors of domestic violence, sexual assault,
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The task force is repealed, effective July 1, 2024.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
1108-2- AND SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING1
REQUIREMENTS FOR JUDICIAL PERSONNEL .2
(3) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS SHALL3
APPOINT THE FOLLOWING MEMBERS TO SERVE ON THE TASK FORCE :4
(a) A
VICTIM WITNESS ASSISTANT OR ADVOCATE IN A DISTRICT5
ATTORNEY OFFICE;6
(b) A
REPRESENTATIVE FROM A DISTRICT ATTORNEY OFFICE ;7
8
(c) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT9
SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE ;10
(d) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT11
SUPPORTS VICTIMS AND SURVIVORS OF CRIME OR VIOLENCE OTHER THAN12
DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;13
(e) A REPRESENTATIVE OF AN ORGANIZATION PROVIDING LEGAL14
SERVICES TO VICTIMS AND SURVIVORS;15
(f) A RETIRED JUDGE WHOSE DOCKET INCLUDED CRIMINAL CASES ;16
(g) A CONFIDENTIAL ADVOCATE WHO WORKS WITH SURVIVORS OF17
DOMESTIC VIOLENCE AND SEXUAL ASSAULT ;18
(h) A FAMILY LAW ATTORNEY;19
(i) A REPRESENTATIVE OF AN ORGANIZATION THAT PROVIDES CIVIL20
LEGAL SERVICES;21
(j) A SURVIVOR OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;22
(k) A VICTIM OF A CRIME OTHER THAN DOMESTIC VIOLENCE OR23
SEXUAL ASSAULT;24
(l) A CITIZEN OF A SMALL OR RURAL COMMUNITY ;25
(m) A REPRESENTATIVE OF A CULTURALLY SPECIFIC26
ORGANIZATION THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS27
1108
-3- OR SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;1
2
(n) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT3
SERVES OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT ; 4
(o) A REPRESENTATIVE OF A FAMILY JUSTICE CENTER;5
(p) A REPRESENTATIVE FROM A STATEWIDE ORGANIZATION THAT6
TREATS CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE AND7
PROVIDES EXPERTISE ON THE PREVENTION OF CHILD ABUSE AND NEGLECT; 8
(q) A MEMBER OF LAW ENFORCEMENT THAT WORKS DIRECTLY9
WITH VICTIMS OF CHILD ABUSE OR NEGLECT AND DOMESTIC VIOLENCE ;10
(r) TWO PRIVATE CRIMINAL DEFENSE ATTORNEYS WITH11
EXPERIENCE REPRESENTING A VICTIM OF DOMESTIC VIOLENCE OR SEXUAL12
ASSAULT;13
(s) A REPRESENTATIVE OF THE OFFICE OF STATE PUBLIC DEFENDER14
WITH EXPERIENCE REPRESENTING A VICTIM OF DOMESTIC VIOLENCE OR15
SEXUAL ASSAULT; AND16
(t) A SURVIVOR OF TRAUMATIC BRAIN INJURY .17
(4) THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL18
APPOINT THE FOLLOWING MEMBERS TO SERVE ON THE TASK FORCE :19
(a) A STATE COURT JUDGE;20
(b) AN INDIVIDUAL OTHER T HAN A JUDGE WHO IS COURT21
PERSONNEL;22
(c) A DISTRICT COURT JUDGE WITH EXPERIENCE IN DOMESTIC23
MATTERS;24
(d) A COUNTY COURT JUDGE; AND25
(e) A JUDGE FROM A RURAL COUNTY .26
(5) IN MAKING APPOINTMENTS TO THE TASK FORCE , THE27
1108
-4- APPOINTING AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE1
TASK FORCE INCLUDES PERSONS WHO REFLECT THE ETHNIC, CULTURAL,2
AND GENDER DIVERSITY OF THE STATE AND REPRESENTATION OF ALL3
AREAS OF THE STATE.4
(6) THE TASK FORCE SHALL ELECT A CHAIR AND VICE-CHAIR AT ITS5
FIRST MEETING. THE MEMBERS SERVING AS CHAIR AND VICE-CHAIR SHALL6
SERVE AS CHAIR AND VICE-CHAIR FOR THE DURATION OF THE TASK FORCE.7
I
N THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT8
PREVENTS THE CHAIR OR VICE-CHAIR FROM CARRYING OUT THE CHAIR'S OR9
VICE-CHAIR'S DUTIES, THE TASK FORCE SHALL NOMINATE AND ELECT A10
REPLACEMENT CHAIR OR VICE-CHAIR AT THE NEXT MEETING.11 (7) THE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR12
THE DURATION OF THE TASK FORCE. A VACANCY MUST BE FILLED AS SOON13
AS POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS14
AND THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT .15
(8) THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE16
CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL MAKE17
APPOINTMENTS ON OR BEFORE JUNE 1, 2023. IN MAKING APPOINTMENTS18
TO THE TASK FORCE , THE MANAGER OF THE OFFICE FOR VICTIMS19
PROGRAMS AND THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT20
SHALL ENSURE THAT THE APPOINTEES INCLUDE PERSONS WHO HAVE21
EXPERIENCE WITH OR INTEREST IN THE TASK FORCE STUDY AREAS SET22
FORTH IN SUBSECTIONS (10) AND (11) OF THIS SECTION.23
(9) MEMBERS OF THE TASK FORCE SERVE WITHOUT24
COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE25
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED26
WITH THEIR DUTIES ON THE TASK FORCE.27
1108
-5- (10) THE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO1
LATER THAN JULY 1, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR2
TIMES BUT NOT MORE THAN TEN TIMES. THE TASK FORCE SHALL CONVENE3
ITS FINAL MEETING NO LATER THAN OCTOBER 15, 2023.4
(11) THE TASK FORCE SHALL, AT A MINIMUM, DETERMINE AND5
ANALYZE THE FOLLOWING :6
(a) C
URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON7
TOPICS RELATED TO SEXUAL ASSAULT , HARASSMENT, STALKING AND8
DOMESTIC VIOLENCE;9
(b) G
APS IN CURRENT TRAINING IN COLORADO AND HOW TO FILL10
THOSE GAPS;11
(c) B
EST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES12
AND APPROACHES IN THE COURTS ;13
(d) S
TRATEGIES TO ENSURE TRAINING IS EFFECTIVE FOR LEARNING14
ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME , DOMESTIC15
VIOLENCE, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND16
INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE17
RETRAUMATIZATION OF VICTIMS AND SURVIVORS ;18
(e) A
PPROACHES TO BEST PROVIDE TRAINING ON GENDER -BASED19
VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES ;20
(f) T
HE AMOUNT OF TRAINING JUDICIAL PERSONNEL CURRENTLY21
RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS TO22
ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE RIGHTS OF23
VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS OF24
DEFENDANTS;
25
(g) THE SCOPE OF JUDICIAL EDUCATION OPPORTUNITIES ALREADY26
PROVIDED TO JUDGES RELATED TO DOMESTIC VIOLENCE, VICTIM RIGHTS,27
1108
-6- CASE MANAGEMENT, DOMESTIC RELATIONS DOCKETS, DEPENDENCY AND1
NEGLECT DOCKETS, JUVENILE PROCEEDINGS, AND CRIMINAL PROCEEDINGS;2
(h) THE RESOURCES NECESSARY TO PROVIDE ADDITIONAL3
EDUCATION;4
(i) THE RESOURCES NECESSARY TO PROVIDE THE TIME FOR JUDGES5
TO PARTICIPATE IN ADDITIONAL EDUCATION ; AND6
(j) ANY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS7
NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL8
REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE , SEXUAL9
ASSAULT, AND OTHER CRIMES.10
(12) IN ADDITION TO THE TOPIC AREAS SPECIFIED IN SUBSECTION11
(10) OF THIS SECTION, THE TASK FORCE SHALL ENSURE THE TRAINING12
RECOMMENDATIONS COMPLY WITH THE FEDERAL "KEEPING CHILDREN13
SAFE FROM FAMILY VIOLENCE ACT", 34 U.S.C. SEC. 10446, AS AMENDED.14
AT A MINIMUM, THE PORTION OF THE TRAINING THAT IMPLEMENTS THESE15
FEDERAL REQUIREMENTS MUST :16
(a) BE PROVIDED TO ANY JUDGE OR MAGISTRATE WHO PRESIDES17
OVER PARENTAL RESPONSIBILITY PROCEEDINGS ;18
(b) INCLUDE NO LESS THAN TWENTY HOURS OF INITIAL TRAINING19
AND NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE20
YEARS;21
(c) FOCUS ON DOMESTIC VIOLENCE AND CHILD ABUSE, INCLUDING:22
(I) CHILD SEXUAL ABUSE;23
(II) PHYSICAL AND EMOTIONAL ABUSE ;24
(III) COERCIVE CONTROL;25
(IV) IMPLICIT AND EXPLICIT BIAS, INCLUDING BIASES RELATING TO26
PARTIES WITH DISABILITIES;27
1108
-7- (V) TRAUMA;1
(VI) LONG-TERM AND SHORT-TERM IMPACTS OF DOMESTIC2
VIOLENCE AND CHILD ABUSE ON CHILDREN ; AND3
(VII) VICTIM AND PERPETRATOR BEHAVIORAL PATTERNS AND4
RELATIONSHIP DYNAMICS WITHIN THE CYCLE OF VIOLENCE ;5
(d) BE CONDUCTED BY A PROFESSIONAL TRAINER WHO HAS6
SUBSTANTIAL EXPERIENCE IN ASSISTING SURVIVORS OF DOMESTIC7
VIOLENCE OR CHILD ABUSE AND MAY INCLUDE A PROFESSIONAL8
REPRESENTING A VICTIM SERVICES PROVIDER OR A SURVIVOR WITH LIVED9
EXPERIENCE OF DOMESTIC VIOLENCE OR CHILD PHYSICAL OR SEXUAL10
ABUSE. IN CONDUCTING THE TRAINING, THE PROFESSIONAL TRAINER SHALL11
RELY ON EVIDENCE-BASED AND PEER-REVIEWED RESEARCH CONDUCTED12
BY RECOGNIZED EXPERTS THAT FOCUSES ON THE TYPES OF ABUSE13
DESCRIBED IN SUBSECTION (11)(c) OF THIS SECTION AND SHALL NOT14
INCLUDE THEORIES, CONCEPTS, OR BELIEF SYSTEMS IN THE REQUIRED15
TRAINING THAT ARE NOT SUPPORTED BY EVIDENCE -BASED AND16
PEER-REVIEWED RESEARCH; AND17
(e) BE DESIGNED TO IMPROVE THE ABILITY OF COURTS TO :18
(I) RECOGNIZE AND RESPOND TO CHILD PHYSICAL ABUSE, CHILD19
SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND TRAUMA IN ALL FAMILY20
VICTIMS, PARTICULARLY CHILDREN; AND21
(II) MAKE APPROPRIATE CUSTODY DECISIONS THAT PRIORITIZE22
CHILD SAFETY AND WELL-BEING AND THAT ARE CULTURALLY SENSITIVE23
AND APPROPRIATE FOR DIVERSE COMMUNITIES .24
(13) ON OR BEFORE NOVEMBER 1, 2023, THE TASK FORCE SHALL25
SUBMIT A REPORT, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON26
CONSIDERATIONS AND GUIDANCE IDENTIFIED IN SUBSECTIONS (10) AND27
1108
-8- (11) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES JUDICIARY1
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE , OR THEIR2
SUCCESSOR COMMITTEES , AND THE JUDICIAL DEPARTMENT . ALL3
RECOMMENDATIONS MADE BY THE TASK FORCE MUST BE APPROVED BY A4
MAJORITY OF THE TASK FORCE MEMBERS IN ORDER TO BE INCLUDED IN THE5
REPORT.6
(14) THE TASK FORCE MAY WORK WITH OTHER GROUPS , TASK7
FORCES, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS8
THE TASK FORCE IS RESPONSIBLE FOR STUDYING .9
(15) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.10
SECTION 2. Appropriation. For the 2023-24 state fiscal year,11
$11,900 is appropriated to the department of public safety for use by the12
division of criminal justice. This appropriation is from the general fund.13
To implement this act, the division may use this appropriation for DCJ14
administrative services.15
SECTION 3. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
1108
-9-