First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0077.01 Chelsea Princell x4335
HOUSE BILL 23-1108
House Committees Senate Committees
Judiciary Judiciary
Appropriations 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
SENATE
Amended 2nd Reading
April 21, 2023
HOUSE
3rd Reading Unamended
March 6, 2023
HOUSE
Amended 2nd Reading
March 3, 2023
HOUSE SPONSORSHIP
Duran and Evans, Armagost, Bird, Boesenecker, Brown, Daugherty, Dickson, English,
Froelich, Herod, Jodeh, Lieder, Lindsay, Martinez, McCluskie, Michaelson Jenet, Ortiz,
Valdez, Velasco, Weinberg, Weissman, Young
SENATE SPONSORSHIP
Hansen and Gardner,
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 article 5.7 to title
2
13 as follows:3
ARTICLE 5.74
Task Force To Study Victim And Survivor Awareness And5
Responsiveness Training For Judicial Personnel6
13-5.7-101. Definitions. (1)
AS USED IN THIS SECTION, UNLESS
7
THE CONTEXT OTHERWISE REQUIRES :8
(a) "J
UDICIAL PERSONNEL" MEANS JUDGES, OTHER JUDICIAL
9
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 AND
12
SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS13
FOR JUDICIAL PERSONNEL CREATED IN SECTION 13-5.7-102.14
13-5.7-102. Task force to study victim and survivor awareness15
1108-2- and responsiveness training requirements for judicial personnel -1
creation - membership - duties - report - repeal. (1) T
HERE IS
2
CREATED IN THE JUDICIAL DEPARTMENT THE TASK FORCE TO STUDY3
VICTIM AND SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING4
REQUIREMENTS FOR JUDICIAL PERSONNEL .5
(2) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS IN THE
6
DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY IS7
A MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING8
MEMBERS TO SERVE ON THE TASK FORCE :9
(a) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
10
SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE ;11
(b) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
12
SUPPORTS VICTIMS AND SURVIVORS OF CRIMES OR VIOLENCE OTHER THAN13
DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;14
(c) A
REPRESENTATIVE OF AN ORGANIZATION PROVIDING LEGAL
15
SERVICES TO VICTIMS AND SURVIVORS;16
(d) A
FAMILY LAW ATTORNEY;
17
(e) A
REPRESENTATIVE OF A CULTURALLY SPECIFIC ORGANIZATION
18
THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS OR SURVIVORS19
OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;20
(f) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
21
SERVES OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT ; 22
(g) A
REPRESENTATIVE OF A FAMILY JUSTICE CENTER ;
23
(h) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
24
TREATS CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE AND25
PROVIDES EXPERTISE ON CHILD ABUSE PREVENTION AND NEGLECT ;26
(i) A
PRIVATE CRIMINAL DEFENSE ATTORNEY WITH EXPERIENCE
27
1108
-3- REPRESENTING VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ; AND1
(j) A
REPRESENTATIVE OF THE OFFICE OF THE STATE PUBLIC
2
DEFENDER WITH EXPERIENCE REPRESENTING VICTIMS OF DOMESTIC3
VIOLENCE OR SEXUAL ASSAULT .4
(3) T
HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT IS A
5
MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING6
MEMBERS TO SERVE ON THE TASK FORCE :7
(a) A
STATE COURT JUDGE;
8
(b) A
N INDIVIDUAL OTHER T HAN A JUDGE WHO IS COURT
9
PERSONNEL;10
(c) A
DISTRICT COURT JUDGE WITH EXPERIENCE IN DOMESTIC
11
MATTERS;12
(d) A
COUNTY COURT JUDGE; AND
13
(e) A
JUDGE FROM A RURAL COUNTY .
14
(4) I
N MAKING APPOINTMENTS TO THE TASK FORCE , THE MANAGER
15
OF THE OFFICE FOR VICTIMS PROGRAMS AND THE CHIEF JUSTICE OF THE16
C
OLORADO SUPREME COURT SHALL ENSURE THAT THE MEMBERSHIP OF
17
THE TASK FORCE INCLUDES INDIVIDUALS WHO REFLECT THE ETHNIC ,18
CULTURAL, AND GENDER DIVERSITY OF THE STATE AND REPRESENT ALL19
AREAS OF THE STATE.20
(5) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE
21
CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL SERVE AS22
CO-CHAIRS OF THE TASK FORCE FOR THE DURATION OF THE TASK FORCE .23
I
N THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT
24
PREVENTS A CO-CHAIR FROM CARRYING OUT THE CO-CHAIR'S DUTIES, THE25
TASK FORCE SHALL NOMINATE AND ELECT A REPLACEMENT CO -CHAIR AT26
THE NEXT MEETING.27
1108
-4- (6) THE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR1
THE DURATION OF THE TASK FORCE. A VACANCY MUST BE FILLED AS SOON2
AS POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS OR3
THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT .4
(7) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE
5
CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL MAKE THEIR6
APPOINTMENTS ON OR BEFORE JULY 1, 2023. IN MAKING APPOINTMENTS7
TO THE TASK FORCE , THE MANAGER OF THE OFFICE FOR VICTIMS8
PROGRAMS AND THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT9
SHALL ENSURE THAT THE APPOINTEES INCLUDE INDIVIDUALS WHO HAVE10
EXPERIENCE WITH OR INTEREST IN THE TASK FORCE STUDY AREAS SET11
FORTH IN SUBSECTIONS (10) AND (11) OF THIS SECTION.12
(8) M
EMBERS OF THE TASK FORCE SERVE WITHOUT
13
COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE14
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED15
WITH THEIR DUTIES ON THE TASK FORCE.16
(9) T
HE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO LATER
17
THAN JULY 15, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES18
BUT NOT MORE THAN TEN TIMES . THE TASK FORCE SHALL CONVENE ITS19
FINAL MEETING NO LATER THAN JANUARY 15, 2024.20
(10) T
HE TASK FORCE SHALL, AT A MINIMUM, DETERMINE AND
21
ANALYZE THE FOLLOWING :22
(a) C
URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON
23
TOPICS RELATED TO SEXUAL ASSAULT , HARASSMENT, STALKING, AND24
DOMESTIC VIOLENCE;25
(b) G
APS IN CURRENT TRAINING IN COLORADO AND HOW TO FILL
26
THOSE GAPS;27
1108
-5- (c) BEST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES1
AND APPROACHES IN THE COURTS ;2
(d) S
TRATEGIES TO ENSURE TRAINING IS EFFECTIVE FOR LEARNING
3
ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME , DOMESTIC4
VIOLENCE, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND5
THAT INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE6
RETRAUMATIZATION OF VICTIMS AND SURVIVORS ;7
(e) A
PPROACHES TO BEST PROVIDE TRAINING ON GENDER -BASED
8
VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES ;9
(f) T
HE AMOUNT OF TRAINING JUDICIAL PERSONNEL CURRENTLY
10
RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS IN11
ORDER TO ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE12
RIGHTS OF VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS13
OF DEFENDANTS;14
(g) T
HE SCOPE OF JUDICIAL EDUCATION OPPORTUNITIES ALREADY
15
PROVIDED TO JUDGES RELATED TO DOMESTIC VIOLENCE , THE RIGHTS OF16
VICTIMS, CASE MANAGEMENT , DOMESTIC RELATIONS DOCKETS ,17
DEPENDENCY AND NEGLECT DOCKETS , JUVENILE PROCEEDINGS, AND18
CRIMINAL PROCEEDINGS;19
(h) T
HE RESOURCES NECESSARY TO PROVIDE ADDITIONAL JUDICIAL
20
EDUCATION;21
(i) T
HE RESOURCES NECESSARY TO ALLOW JUDGES TO PARTICIPATE
22
IN ADDITIONAL EDUCATION; AND23
(j) A
NY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS
24
NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL25
REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE , SEXUAL26
ASSAULT, AND OTHER CRIMES.27
1108
-6- (11) IN ADDITION TO THE TOPIC AREAS SPECIFIED IN SUBSECTION1
(10)
OF THIS SECTION, THE TASK FORCE SHALL ENSURE THE TRAINING
2
RECOMMENDATIONS COMPLY WITH THE FEDERAL "KEEPING CHILDREN3
S
AFE FROM FAMILY VIOLENCE ACT", 34 U.S.C. SEC. 10446, AS AMENDED.
4
A
T A MINIMUM, THE PORTION OF THE TRAINING THAT IMPLEMENTS THESE
5
FEDERAL REQUIREMENTS MUST :6
(a) B
E PROVIDED TO ANY JUDGE OR MAGISTRATE WHO PRESIDES
7
OVER PARENTAL RESPONSIBILITY PROCEEDINGS ;8
(b) I
NCLUDE NO LESS THAN TWENTY HOURS OF INITIAL TRAINING
9
AND NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE10
YEARS;11
(c) F
OCUS ON DOMESTIC VIOLENCE AND CHILD ABUSE , INCLUDING:
12
(I) C
HILD SEXUAL ABUSE;
13
(II) P
HYSICAL AND EMOTIONAL ABUSE ;
14
(III) C
OERCIVE CONTROL;
15
(IV) I
MPLICIT AND EXPLICIT BIAS, INCLUDING BIAS RELATING TO
16
INDIVIDUALS WITH DISABILITIES;17
(V) T
RAUMA;
18
(VI) L
ONG-TERM AND SHORT-TERM IMPACTS ON CHILDREN; AND
19
(VII) V
ICTIM AND PERPETRATOR BE HAVIORAL PATTERNS AND
20
RELATIONSHIP DYNAMICS;21
(d) B
E CONDUCTED BY A PROFESSIONAL TRAINER WHO HAS
22
SUBSTANTIAL EXPERIENCE IN ASSISTING SURVIVORS OF DOMESTIC23
VIOLENCE OR CHILD ABUSE AND WHO MAY BE A PROFESSIONAL24
REPRESENTING A VICTIM SERVICES PROVIDER OR A SURVIVOR WITH LIVED25
EXPERIENCE OF DOMESTIC VIOLENCE OR PHYSICAL OR SEXUAL ABUSE AS26
A CHILD. IN CONDUCTING THE TRAINING , THE PROFESSIONAL TRAINER27
1108
-7- SHALL RELY ON EVIDENCE -BASED AND PEER-REVIEWED RESEARCH1
CONDUCTED BY RECOGNIZED EXPERTS THAT FOCUSES ON THE TYPES OF2
ABUSE DESCRIBED IN SUBSECTION (11)(c) OF THIS SECTION AND SHALL3
ONLY INCLUDE THEORIES, CONCEPTS, OR BELIEF SYSTEMS IN THE REQUIRED4
TRAINING THAT ARE SUPPORTED BY EVIDENCE -BASED AND5
PEER-REVIEWED RESEARCH; AND6
(e) B
E DESIGNED TO IMPROVE THE ABILITY OF COURTS TO :
7
(I) R
ECOGNIZE AND RESPOND TO PHYSICAL ABUSE OF A CHILD ,
8
SEXUAL ASSAULT OF A CHILD, DOMESTIC VIOLENCE, AND FAMILY TRAUMA;9
AND10
(II) M
AKE APPROPRIATE CUSTODY DECISIONS THAT PRIORITIZE
11
CHILD SAFETY AND WELL-BEING AND THAT ARE CULTURALLY SENSITIVE12
AND APPROPRIATE FOR DIVERSE COMMUNITIES .13
(12) T
HE TASK FORCE MAY WORK WITH OTHER GROUPS , TASK
14
FORCES, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS15
THE TASK FORCE IS RESPONSIBLE FOR STUDYING .16
(13) (a) T
HE TASK FORCE MAY FORM WORKING GROUPS IN
17
ADDITION TO THE WORKING GROUP DESCRIBED IN SUBSECTION (13)(b) OF18
THIS SECTION TO FURTHER THE PURPOSE OF THE TASK FORCE .19
(b) T
HE TASK FORCE SHALL ESTABLISH A WORKING GROUP TO
20
ANALYZE AND DETERMINE TRAINING STANDARDS FOR JUDICIAL21
PERSONNEL REGARDING DOMESTIC RELATIONS CASES THAT INCLUDES , BUT22
IS NOT LIMITED TO, TOPICS RELATED TO PARENTING ISSUES , ISSUES23
REGARDING RELATIONS WITHIN A FAMILY OR HOUSEHOLD , PHYSICAL AND24
MENTAL HEALTH CHALLENGES THAT MAY IMPACT FAMILIES , ISSUES THAT25
MAY IMPACT THE RELATIONSHIP BETWEEN A CHILD AND FAMILY MEMBERS ,26
AND IDENTIFICATION AND MANAGEMENT OF FAMILY CONFLICT . THE27
1108
-8- WORKING GROUP MUST ALSO CONSIDER THE DATA DESCRIBED IN1
SUBSECTION (13)(c) OF THIS SECTION.2
(c) T
HE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL
3
PROVIDE THE FOLLOWING DATA TO THE WORKING GROUP AS SOON AS4
PRACTICABLE BUT NOT LATER THAN NOVEMBER 1, 2023:5
(I) T
HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL
6
DISTRICT AND THE NUMBER OF DOMESTIC RELATIONS CASES AS A7
PERCENTAGE OF THE TOTAL NUMBER OF CASES IN EACH DISTRICT ;8
(II) T
HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT IN WHICH
9
A PARTY SEEKS TO REOPEN A CLOSED DOMESTIC RELATIONS CASE ; AND10
(III) T
HE STATUS OF REPRESENTATION FOR PARTIES IN DOMESTIC
11
RELATIONS CASES IN EACH JUDICIAL DISTRICT, INCLUDING:12
(A) T
HE NUMBER OF CASES IN WHICH BOTH PARTIES WERE
13
REPRESENTED BY COUNSEL AT THE COMMENCEMENT OF THE CASE AND THE14
NUMBER OF CASES IN WHICH ONLY ONE PARTY WAS REPRESENTED BY15
COUNSEL AT THE COMMENCEMENT OF THE CASE ;16
(B) T
HE NUMBER OF CASES IN WHICH THERE WAS A SUBSEQUENT
17
ENTRY OF APPEARANCE BY COUNSEL IN A CASE IN WHICH ONE OR BOTH18
PARTIES PROCEEDED WITHOUT REPRESENTATION BY COUNSEL AT THE19
COMMENCEMENT OF THE CASE ;20
(C) T
HE NUMBER OF CASES IN WHICH THERE WAS A WITHDRAWAL
21
BY COUNSEL; AND22
(D) T
HE NUMBER OF CASES IN WHICH AN ATTORNEY WAS NOT
23
COUNSEL OF RECORD BUT PROVIDED SERVICES TO A PARTY TO THE CASE .24
(d) T
HE FAMILY LAW ATTORNEY THAT SERVES ON THE TASK FORCE
25
SHALL SERVE AS CHAIR OF THE WORKING GROUP .26
(e) T
HE CO-CHAIRS OF THE TASK FORCE SHALL APPOINT THE
27
1108
-9- FOLLOWING MEMBERS TO SERVE ON THE WORKING GROUP :1
(I) O
NE ACTIVELY PRACTICING MENTAL HEALTH PROFESSIONAL
2
WITH TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC3
RELATIONS CASES, RECOMMENDED BY THE CHIEF JUSTICE OF THE4
C
OLORADO SUPREME COURT FROM AMONG CANDIDATES RECOMMENDED
5
BY THE COLORADO BAR ASSOCIATION ;6
(II) T
WO FAMILY LAW ATTORNEYS LICENSED TO PRACTICE LAW IN
7
C
OLORADO, RECOMMENDED BY THE COLORADO BAR ASSOCIATION ;
8
(III) O
NE ACTIVELY PRACTICING FINANCIAL PROFESSIONAL WITH
9
TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS10
CASES, RECOMMENDED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME11
COURT FROM AMONG CANDIDATES RECOMMENDED BY THE FAMILY LAW12
SECTION OF THE COLORADO BAR ASSOCIATION ; AND13
(IV) T
HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT OR
14
THE CHIEF JUSTICE'S DESIGNEE.15
(f) O
N OR BEFORE NOVEMBER 1, 2023, THE WORKING GROUP
16
SHALL CREATE A REPORT THAT INCLUDES RECOMMENDATIONS ON17
TRAINING STANDARDS REGARDING DOMESTIC RELATIONS AND SUBMIT THE18
REPORT TO THE TASK FORCE FOR REVIEW .19
(14) O
N OR BEFORE FEBRUARY 1, 2024, THE TASK FORCE SHALL
20
SUBMIT A REPORT, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON21
CONSIDERATIONS AND GUIDANCE IDENTIFIED IN SUBSECTIONS (10) AND22
(11)
OF THIS SECTION AND FROM THE WORKING GROUP ESTABLISHED IN
23
SUBSECTION (13) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES24
JUDICIARY COMMITTEE AND THE SENATE JUDICIARY COMMI TTEE , OR THEIR25
SUCCESSOR COMMITTEES , AND THE JUDICIAL DEPARTMENT . ALL26
RECOMMENDATIONS MADE BY THE TASK FORCE MUST BE APPROVED BY A27
1108
-10- MAJORITY OF THE TASK FORCE MEMBERS IN ORDER TO BE INCLUDED IN THE1
REPORT.2
(15) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
3
SECTION 2. Appropriation. For the 2023-24 state fiscal year,4
$11,900 is appropriated to the judicial department for use by courts5
administration. This appropriation is from the general fund. To implement6
this act, the department may use this appropriation for general courts7
administration.8
SECTION 3. Safety clause. The general assembly hereby finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety.11
1108
-11-