Colorado 2023 Regular Session

Colorado House Bill HB1108 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0077.01 Chelsea Princell x4335
18 HOUSE BILL 23-1108
2-BY REPRESENTATIVE(S) Duran and Evans, Armagost, Bird,
3-Boesenecker, Brown, Daugherty, Dickson, English, Froelich, Herod, Jodeh,
4-Lieder, Lindsay, Martinez, Michaelson Jenet, Ortiz, Valdez, Velasco,
5-Weinberg, Weissman, Young, McCluskie, Catlin, deGruy Kennedy,
6-Hamrick, Marshall, McLachlan, Snyder, Titone;
7-also SENATOR(S) Hansen, Buckner, Coleman, Exum, Fields, Hinrichsen,
8-Kolker, Marchman, Mullica, Pelton B., Priola, Simpson, Sullivan.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+Appropriations Appropriations
12+A BILL FOR AN ACT
913 C
10-ONCERNING THE CREATION OF A TASK FORCE TO STUDY VICTIM AND
11-SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING
12-REQUIREMENTS FOR JUDICIAL PERSONNEL
13-, AND, IN CONNECTION
14-THEREWITH
15-, MAKING AN APPROPRIATION.
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. In Colorado Revised Statutes, add 24-33.5-534 as
18-follows:
19-24-33.5-534. Task force to study victim and survivor awareness
20-and responsiveness training requirements for judicial personnel -
21-creation - membership - duties - report - definitions - repeal. (1)
22- AS
23-USED IN THIS SECTION
24-, UNLESS THE CONTEXT OTHERWISE REQUIRES :
25-NOTE: This bill has been prepared for the signatures of the appropriate legislative
26-officers and the Governor. To determine whether the Governor has signed the bill
27-or taken other action on it, please consult the legislative status sheet, the legislative
28-history, or the Session Laws.
29-________
30-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31-through words or numbers indicate deletions from existing law and such material is not part of
32-the act. (a) "JUDICIAL PERSONNEL" MEANS JUDGES, OTHER JUDICIAL
33-OFFICERS
34-, AND COURT STAFF, BUT DOES NOT INCLUDE DISTRICT ATTORNEYS
35-OR PUBLIC DEFENDERS
36-.
14+ONCERNING THE CREATION OF A TASK FORCE TO STUDY VICTIM AND101
15+SURVIVOR AWARENESS AND RE SPONSIVENESS TRAINING102
16+REQUIREMENTS FOR JUDICIAL
17+PERSONNEL, AND, IN CONNECTION103
18+THEREWITH, MAKING AN APPROPRIATION .104
19+Bill Summary
20+(Note: This summary applies to this bill as introduced and does
21+not reflect any amendments that may be subsequently adopted. If this bill
22+passes third reading in the house of introduction, a bill summary that
23+applies to the reengrossed version of this bill will be available at
24+http://leg.colorado.gov
25+.)
26+The bill creates a task force to study victim and survivor awareness
27+and responsiveness training requirements for judicial personnel (task
28+force) in the office for victims programs in the division of criminal
29+SENATE
30+3rd Reading Unamended
31+April 24, 2023
32+SENATE
33+Amended 2nd Reading
34+April 21, 2023
35+HOUSE
36+3rd Reading Unamended
37+March 6, 2023
38+HOUSE
39+Amended 2nd Reading
40+March 3, 2023
41+HOUSE SPONSORSHIP
42+Duran and Evans, Armagost, Bird, Boesenecker, Brown, Daugherty, Dickson, English,
43+Froelich, Herod, Jodeh, Lieder, Lindsay, Martinez, McCluskie, Michaelson Jenet, Ortiz,
44+Valdez, Velasco, Weinberg, Weissman, Young
45+SENATE SPONSORSHIP
46+Hansen and Gardner, Buckner, Coleman, Exum, Fields, Hinrichsen, Kolker, Marchman,
47+Mullica, Pelton B., Priola, Simpson, Sullivan
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. justice. The task force consists of members who have experience
51+representing victims and survivors of domestic violence, sexual assault,
52+or other crimes; lived experience as a victim or survivor of domestic
53+violence, sexual assault, or other crimes; or are members of the judicial
54+community.
55+The task force is required to analyze current training provided to
56+judicial personnel around the country on topics of domestic violence,
57+sexual assault, and other crimes, in order to determine best practices and
58+training requirements for judicial personnel in the state.
59+The task force is required to convene by July 1, 2023, and is
60+required to meet at least 4 times but not more than 10 times. The task
61+force is required to submit a report with its findings and recommendations
62+to the house of representatives judiciary committee and the senate
63+judiciary committee, or their successor committees, and the judicial
64+department by November 1, 2023. The task force must convene its final
65+meeting no later than October 15, 2023.
66+The task force is repealed, effective July 1, 2024.
67+Be it enacted by the General Assembly of the State of Colorado:1
68+SECTION 1. In Colorado Revised Statutes, add article 5.7 to title
69+2
70+13 as follows:3
71+ARTICLE 5.74
72+Task Force To Study Victim And Survivor Awareness And5
73+Responsiveness Training For Judicial Personnel6
74+13-5.7-101. Definitions. (1)
75+ AS USED IN THIS SECTION, UNLESS
76+7
77+THE CONTEXT OTHERWISE REQUIRES :8
78+(a) "J
79+UDICIAL PERSONNEL" MEANS JUDGES, OTHER JUDICIAL
80+9
81+OFFICERS, AND COURT STAFF , BUT DOES NOT INCLUDE DISTRICT10
82+ATTORNEYS OR PUBLIC DEFENDERS .11
3783 (b) "T
3884 ASK FORCE" MEANS THE TASK FORCE TO STUDY VICTIM AND
39-SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS FOR
40-JUDICIAL PERSONNEL CREATED IN SUBSECTION
41-(2) OF THIS SECTION.
85+12
86+SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS13
87+FOR JUDICIAL PERSONNEL CREATED IN SECTION 13-5.7-102.14
88+13-5.7-102. Task force to study victim and survivor awareness15
89+1108-2- and responsiveness training requirements for judicial personnel -1
90+creation - membership - duties - report - repeal. (1) T
91+HERE IS
92+2
93+CREATED IN THE JUDICIAL DEPARTMENT THE TASK FORCE TO STUDY3
94+VICTIM AND SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING4
95+REQUIREMENTS FOR JUDICIAL PERSONNEL .5
4296 (2) T
43-HERE IS CREATED IN THE OFFICE FOR VICTIMS PROGRAMS IN THE
44-DIVISION OF CRIMINAL JUSTICE THE TASK FORCE TO STUDY VICTIM AND
45-SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS FOR
46-JUDICIAL PERSONNEL
47-.
48-(3) T
4997 HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS IN THE
50-DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY IS A
51-MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING MEMBERS
52-TO SERVE ON THE TASK FORCE
53-:
98+6
99+DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY IS7
100+A MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING8
101+MEMBERS TO SERVE ON THE TASK FORCE :9
54102 (a) A
55103 REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
56-SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE
57-;
104+10
105+SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE ;11
58106 (b) A
59107 REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
60-SUPPORTS VICTIMS AND SURVIVORS OF CRIMES OR VIOLENCE OTHER THAN
61-DOMESTIC VIOLENCE OR SEXUAL ASSAULT
62-;
108+12
109+SUPPORTS VICTIMS AND SURVIVORS OF CRIMES OR VIOLENCE OTHER THAN13
110+DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;14
63111 (c) A
64112 REPRESENTATIVE OF AN ORGANIZATION PROVIDING LEGAL
65-SERVICES TO VICTIMS AND SURVIVORS
66-;
113+15
114+SERVICES TO VICTIMS AND SURVIVORS;16
67115 (d) A
68116 FAMILY LAW ATTORNEY;
117+17
69118 (e) A
70119 REPRESENTATIVE OF A CULTURALLY SPECIFIC ORGANIZATION
71-THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS OR SURVIVORS
72-OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT
73-;
120+18
121+THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS OR SURVIVORS19
122+OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;20
74123 (f) A
75- REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT SERVES
76-OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT
77-;
124+ REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
125+21
126+SERVES OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT ; 22
78127 (g) A
79128 REPRESENTATIVE OF A FAMILY JUSTICE CENTER ;
80-PAGE 2-HOUSE BILL 23-1108 (h) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
81-TREATS CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE AND PROVIDES
82-EXPERTISE ON CHILD ABUSE PREVENTION AND NEGLECT
83-;
129+23
130+(h) A
131+ REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
132+24
133+TREATS CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE AND25
134+PROVIDES EXPERTISE ON CHILD ABUSE PREVENTION AND NEGLECT ;26
84135 (i) A
85136 PRIVATE CRIMINAL DEFENSE ATTORNEY WITH EXPERIENCE
86-REPRESENTING VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT
87-; AND
88-(j) A REPRESENTATIVE OF THE OFFICE OF THE STATE PUBLIC
89-DEFENDER WITH EXPERIENCE REPRESENTING VICTIMS OF DOMESTIC
90-VIOLENCE OR SEXUAL ASSAULT
91-.
92-(4) T
137+27
138+1108
139+-3- REPRESENTING VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ; AND1
140+(j) A
141+ REPRESENTATIVE OF THE OFFICE OF THE STATE PUBLIC
142+2
143+DEFENDER WITH EXPERIENCE REPRESENTING VICTIMS OF DOMESTIC3
144+VIOLENCE OR SEXUAL ASSAULT .4
145+(3) T
93146 HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT IS A
94-MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING MEMBERS
95-TO SERVE ON THE TASK FORCE
96-:
147+5
148+MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING6
149+MEMBERS TO SERVE ON THE TASK FORCE :7
97150 (a) A
98151 STATE COURT JUDGE;
152+8
99153 (b) A
100-N INDIVIDUAL OTHER THAN A JUDGE WHO IS COURT PERSONNEL ;
154+N INDIVIDUAL OTHER T HAN A JUDGE WHO IS COURT
155+9
156+PERSONNEL;10
101157 (c) A
102158 DISTRICT COURT JUDGE WITH EXPERIENCE IN DOMESTIC
103-MATTERS
104-;
159+11
160+MATTERS;12
105161 (d) A
106162 COUNTY COURT JUDGE; AND
107-(e) A JUDGE FROM A RURAL COUNTY .
108-(5) I
163+13
164+(e) A
165+ JUDGE FROM A RURAL COUNTY .
166+14
167+(4) I
109168 N MAKING APPOINTMENTS TO THE TASK FORCE , THE MANAGER
110-OF THE OFFICE FOR VICTIMS PROGRAMS AND THE CHIEF JUSTICE OF THE
111-COLORADO SUPREME COURT SHALL ENSURE THAT THE MEMBERSHIP OF THE
112-TASK FORCE INCLUDES INDIVIDUALS WHO REFLECT THE ETHNIC
113-, CULTURAL,
114-AND GENDER DIVERSITY OF THE STATE AND REPRESENT ALL AREAS OF THE
115-STATE
116-.
117-(6) T
169+15
170+OF THE OFFICE FOR VICTIMS PROGRAMS AND THE CHIEF JUSTICE OF THE16
171+C
172+OLORADO SUPREME COURT SHALL ENSURE THAT THE MEMBERSHIP OF
173+17
174+THE TASK FORCE INCLUDES INDIVIDUALS WHO REFLECT THE ETHNIC ,18
175+CULTURAL, AND GENDER DIVERSITY OF THE STATE AND REPRESENT ALL19
176+AREAS OF THE STATE.20
177+(5) T
118178 HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE
119-CHIEF JUSTICE OF THE
120-COLORADO SUPREME COURT SHALL SERVE AS
121-CO
122--CHAIRS OF THE TASK FORCE FOR THE DURATION OF THE TASK FORCE . IN
123-THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT
124-PREVENTS A CO
125--CHAIR FROM CARRYING OUT THE CO -CHAIR'S DUTIES, THE
126-TASK FORCE SHALL NOMINATE AND ELECT A REPLACEMENT CO
127--CHAIR AT THE
128-NEXT MEETING
129-.
130-PAGE 3-HOUSE BILL 23-1108 (7) THE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR THE
131-DURATION OF THE TASK FORCE
132-. A VACANCY MUST BE FILLED AS SOON AS
133-POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS OR THE
134-CHIEF JUSTICE OF THE
135-COLORADO SUPREME COURT .
136-(8) T
179+21
180+CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL SERVE AS22
181+CO-CHAIRS OF THE TASK FORCE FOR THE DURATION OF THE TASK FORCE .23
182+I
183+N THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT
184+24
185+PREVENTS A CO-CHAIR FROM CARRYING OUT THE CO-CHAIR'S DUTIES, THE25
186+TASK FORCE SHALL NOMINATE AND ELECT A REPLACEMENT CO -CHAIR AT26
187+THE NEXT MEETING.27
188+1108
189+-4- (6) THE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR1
190+THE DURATION OF THE TASK FORCE. A VACANCY MUST BE FILLED AS SOON2
191+AS POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS OR3
192+THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT .4
193+(7) T
137194 HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE
138-CHIEF JUSTICE OF THE
139-COLORADO SUPREME COURT SHALL MAKE THEIR
140-APPOINTMENTS ON OR BEFORE
141-JULY 1, 2023. IN MAKING APPOINTMENTS TO
142-THE TASK FORCE
143-, THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND
144-THE CHIEF JUSTICE OF THE
145-COLORADO SUPREME COURT SHALL ENSURE THAT
146-THE APPOINTEES INCLUDE INDIVIDUALS WHO HAVE EXPERIENCE WITH OR
147-INTEREST IN THE TASK FORCE STUDY AREAS SET FORTH IN SUBSECTIONS
148-(11)
149-AND (12) OF THIS SECTION.
150-(9) M
151-EMBERS OF THE TASK FORCE SERVE WITHOUT COMPENSATION .
152-H
153-OWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE REIMBURSEMENT
154-FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED WITH THEIR DUTIES ON
155-THE TASK FORCE
156-.
195+5
196+CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL MAKE THEIR6
197+APPOINTMENTS ON OR BEFORE JULY 1, 2023. IN MAKING APPOINTMENTS7
198+TO THE TASK FORCE , THE MANAGER OF THE OFFICE FOR VICTIMS8
199+PROGRAMS AND THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT9
200+SHALL ENSURE THAT THE APPOINTEES INCLUDE INDIVIDUALS WHO HAVE10
201+EXPERIENCE WITH OR INTEREST IN THE TASK FORCE STUDY AREAS SET11
202+FORTH IN SUBSECTIONS (10) AND (11) OF THIS SECTION.12
203+(8) M
204+EMBERS OF THE TASK FORCE SERVE WITHOUT
205+13
206+COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE14
207+REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED15
208+WITH THEIR DUTIES ON THE TASK FORCE.16
209+(9) T
210+HE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO LATER
211+17
212+THAN JULY 15, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES18
213+BUT NOT MORE THAN TEN TIMES . THE TASK FORCE SHALL CONVENE ITS19
214+FINAL MEETING NO LATER THAN JANUARY 15, 2024.20
157215 (10) T
158-HE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO LATER
159-THAN
160-JULY 15, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES
161-BUT NOT MORE THAN TEN TIMES
162-. THE TASK FORCE SHALL CONVENE ITS FINAL
163-MEETING NO LATER THAN
164-JANUARY 15, 2024.
165-(11) T
166216 HE TASK FORCE SHALL, AT A MINIMUM, DETERMINE AND
167-ANALYZE THE FOLLOWING
168-:
217+21
218+ANALYZE THE FOLLOWING :22
169219 (a) C
170-URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON TOPICS
171-RELATED TO SEXUAL ASSAULT
172-, HARASSMENT, STALKING, AND DOMESTIC
173-VIOLENCE
174-;
220+URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON
221+23
222+TOPICS RELATED TO SEXUAL ASSAULT , HARASSMENT, STALKING, AND24
223+DOMESTIC VIOLENCE;25
175224 (b) G
176225 APS IN CURRENT TRAINING IN COLORADO AND HOW TO FILL
177-THOSE GAPS
178-;
179-(c) B
180-EST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES
181-AND APPROACHES IN THE COURTS
182-;
226+26
227+THOSE GAPS;27
228+1108
229+-5- (c) BEST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES1
230+AND APPROACHES IN THE COURTS ;2
183231 (d) S
184232 TRATEGIES TO ENSURE TRAINING IS EFFECTIVE FOR LEARNING
185-ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME
186-, DOMESTIC
187-VIOLENCE
188-, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND
189-PAGE 4-HOUSE BILL 23-1108 THAT INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE
190-RETRAUMATIZATION OF VICTIMS AND SURVIVORS
191-;
233+3
234+ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME , DOMESTIC4
235+VIOLENCE, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND5
236+THAT INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE6
237+RETRAUMATIZATION OF VICTIMS AND SURVIVORS ;7
192238 (e) A
193239 PPROACHES TO BEST PROVIDE TRAINING ON GENDER -BASED
194-VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES
195-;
240+8
241+VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES ;9
196242 (f) T
197243 HE AMOUNT OF TRAINING JUDICIAL PERSONNEL CURRENTLY
198-RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS IN ORDER
199-TO ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE RIGHTS OF
200-VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS OF
201-DEFENDANTS
202-;
244+10
245+RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS IN11
246+ORDER TO ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE12
247+RIGHTS OF VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS13
248+OF DEFENDANTS;14
203249 (g) T
204250 HE SCOPE OF JUDICIAL EDUCATION OPPORTUNITIES ALREADY
205-PROVIDED TO JUDGES RELATED TO DOMESTIC VIOLENCE
206-, THE RIGHTS OF
207-VICTIMS
208-, CASE MANAGEMENT, DOMESTIC RELATIONS DOCKETS, DEPENDENCY
209-AND NEGLECT DOCKETS
210-, JUVENILE PROCEEDINGS , AND CRIMINAL
211-PROCEEDINGS
212-;
251+15
252+PROVIDED TO JUDGES RELATED TO DOMESTIC VIOLENCE , THE RIGHTS OF16
253+VICTIMS, CASE MANAGEMENT , DOMESTIC RELATIONS DOCKETS ,17
254+DEPENDENCY AND NEGLECT DOCKETS , JUVENILE PROCEEDINGS, AND18
255+CRIMINAL PROCEEDINGS;19
213256 (h) T
214257 HE RESOURCES NECESSARY TO PROVIDE ADDITIONAL JUDICIAL
215-EDUCATION
216-;
258+20
259+EDUCATION;21
217260 (i) T
218261 HE RESOURCES NECESSARY TO ALLOW JUDGES TO PARTICIPATE
219-IN ADDITIONAL EDUCATION
220-; AND
221-(j) ANY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS
222-NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL
223-REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE
224-, SEXUAL
225-ASSAULT
226-, AND OTHER CRIMES.
227-(12) I
228-N ADDITION TO THE TOPIC AREAS SPECIFIED IN SUBSECTION (11)
262+22
263+IN ADDITIONAL EDUCATION; AND23
264+(j) A
265+NY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS
266+24
267+NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL25
268+REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE , SEXUAL26
269+ASSAULT, AND OTHER CRIMES.27
270+1108
271+-6- (11) IN ADDITION TO THE TOPIC AREAS SPECIFIED IN SUBSECTION1
272+(10)
229273 OF THIS SECTION, THE TASK FORCE SHALL ENSURE THE TRAINING
230-RECOMMENDATIONS COMPLY WITH THE FEDERAL
231-"KEEPING CHILDREN SAFE
232-FROM FAMILY VIOLENCE ACT", 34 U.S.C. SEC. 10446, AS AMENDED. AT A
233-MINIMUM
234-, THE PORTION OF THE TRAINING THAT IMPLEMENTS THESE FEDERAL
235-REQUIREMENTS MUST
236-:
274+2
275+RECOMMENDATIONS COMPLY WITH THE FEDERAL "KEEPING CHILDREN3
276+S
277+AFE FROM FAMILY VIOLENCE ACT", 34 U.S.C. SEC. 10446, AS AMENDED.
278+4
279+A
280+T A MINIMUM, THE PORTION OF THE TRAINING THAT IMPLEMENTS THESE
281+5
282+FEDERAL REQUIREMENTS MUST :6
237283 (a) B
238284 E PROVIDED TO ANY JUDGE OR MAGISTRATE WHO PRESIDES
239-OVER PARENTAL RESPONSIBILITY PROCEEDINGS
240-;
285+7
286+OVER PARENTAL RESPONSIBILITY PROCEEDINGS ;8
241287 (b) I
242-NCLUDE NO LESS THAN TWENTY HOURS OF INITIAL TRAINING AND
243-PAGE 5-HOUSE BILL 23-1108 NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE YEARS ;
288+NCLUDE NO LESS THAN TWENTY HOURS OF INITIAL TRAINING
289+9
290+AND NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE10
291+YEARS;11
244292 (c) F
245293 OCUS ON DOMESTIC VIOLENCE AND CHILD ABUSE , INCLUDING:
294+12
246295 (I) C
247296 HILD SEXUAL ABUSE;
297+13
248298 (II) P
249299 HYSICAL AND EMOTIONAL ABUSE ;
300+14
250301 (III) C
251302 OERCIVE CONTROL;
303+15
252304 (IV) I
253305 MPLICIT AND EXPLICIT BIAS, INCLUDING BIAS RELATING TO
254-INDIVIDUALS WITH DISABILITIES
255-;
306+16
307+INDIVIDUALS WITH DISABILITIES;17
256308 (V) T
257309 RAUMA;
310+18
258311 (VI) L
259312 ONG-TERM AND SHORT-TERM IMPACTS ON CHILDREN; AND
260-(VII) VICTIM AND PERPETRATOR BEHAVIORAL PATTERNS AND
261-RELATIONSHIP DYNAMICS
262-;
313+19
314+(VII) V
315+ICTIM AND PERPETRATOR BE HAVIORAL PATTERNS AND
316+20
317+RELATIONSHIP DYNAMICS;21
263318 (d) B
264319 E CONDUCTED BY A PROFESSIONAL TRAINER WHO HAS
265-SUBSTANTIAL EXPERIENCE IN ASSISTING SURVIVORS OF DOMESTIC VIOLENCE
266-OR CHILD ABUSE AND WHO MAY BE A PROFESSIONAL REPRESENTING A VICTIM
267-SERVICES PROVIDER OR A SURVIVOR WITH LIVED EXPERIENCE OF DOMESTIC
268-VIOLENCE OR PHYSICAL OR SEXUAL ABUSE AS A CHILD
269-. IN CONDUCTING THE
270-TRAINING
271-, THE PROFESSIONAL TRAINER SHALL RELY ON EVIDENCE -BASED
272-AND PEER
273--REVIEWED RESEARCH CONDUCTED BY RECOGNIZED EXPERTS THAT
274-FOCUSES ON THE TYPES OF ABUSE DESCRIBED IN SUBSECTION
275- (12)(c) OF THIS
276-SECTION AND SHALL ONLY INCLUDE THEORIES
277-, CONCEPTS, OR BELIEF
278-SYSTEMS IN THE REQUIRED TRAINING THAT ARE SUPPORTED BY
279-EVIDENCE
280--BASED AND PEER-REVIEWED RESEARCH; AND
281-(e) BE DESIGNED TO IMPROVE THE ABILITY OF COURTS TO :
320+22
321+SUBSTANTIAL EXPERIENCE IN ASSISTING SURVIVORS OF DOMESTIC23
322+VIOLENCE OR CHILD ABUSE AND WHO MAY BE A PROFESSIONAL24
323+REPRESENTING A VICTIM SERVICES PROVIDER OR A SURVIVOR WITH LIVED25
324+EXPERIENCE OF DOMESTIC VIOLENCE OR PHYSICAL OR SEXUAL ABUSE AS26
325+A CHILD. IN CONDUCTING THE TRAINING , THE PROFESSIONAL TRAINER27
326+1108
327+-7- SHALL RELY ON EVIDENCE -BASED AND PEER-REVIEWED RESEARCH1
328+CONDUCTED BY RECOGNIZED EXPERTS THAT FOCUSES ON THE TYPES OF2
329+ABUSE DESCRIBED IN SUBSECTION (11)(c) OF THIS SECTION AND SHALL3
330+ONLY INCLUDE THEORIES, CONCEPTS, OR BELIEF SYSTEMS IN THE REQUIRED4
331+TRAINING THAT ARE SUPPORTED BY EVIDENCE -BASED AND5
332+PEER-REVIEWED RESEARCH; AND6
333+(e) B
334+E DESIGNED TO IMPROVE THE ABILITY OF COURTS TO :
335+7
282336 (I) R
283337 ECOGNIZE AND RESPOND TO PHYSICAL ABUSE OF A CHILD ,
284-SEXUAL ASSAULT OF A CHILD, DOMESTIC VIOLENCE, AND FAMILY TRAUMA;
285-AND
286-(II) MAKE APPROPRIATE CUSTODY DECISIONS THAT PRIORITIZE CHILD
287-SAFETY AND WELL
288--BEING AND THAT ARE CULTURALLY SENSITIVE AND
289-PAGE 6-HOUSE BILL 23-1108 APPROPRIATE FOR DIVERSE COMMUNITIES .
290-(13) T
338+8
339+SEXUAL ASSAULT OF A CHILD, DOMESTIC VIOLENCE, AND FAMILY TRAUMA;9
340+AND10
341+(II) M
342+AKE APPROPRIATE CUSTODY DECISIONS THAT PRIORITIZE
343+11
344+CHILD SAFETY AND WELL-BEING AND THAT ARE CULTURALLY SENSITIVE12
345+AND APPROPRIATE FOR DIVERSE COMMUNITIES .13
346+(12) T
291347 HE TASK FORCE MAY WORK WITH OTHER GROUPS , TASK
292-FORCES
293-, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS THE
294-TASK FORCE IS RESPONSIBLE FOR STUDYING
295-.
296-(14) (a) T
297-HE TASK FORCE MAY FORM WORKING GROUPS IN ADDITION
298-TO THE WORKING GROUP DESCRIBED IN SUBSECTION
299- (14)(b) OF THIS SECTION
300-TO FURTHER THE PURPOSE OF THE TASK FORCE
301-.
348+14
349+FORCES, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS15
350+THE TASK FORCE IS RESPONSIBLE FOR STUDYING .16
351+(13) (a) T
352+HE TASK FORCE MAY FORM WORKING GROUPS IN
353+17
354+ADDITION TO THE WORKING GROUP DESCRIBED IN SUBSECTION (13)(b) OF18
355+THIS SECTION TO FURTHER THE PURPOSE OF THE TASK FORCE .19
302356 (b) T
303357 HE TASK FORCE SHALL ESTABLISH A WORKING GROUP TO
304-ANALYZE AND DETERMINE TRAINING ST ANDARDS FOR JUDICIAL PERSONNEL
305-REGARDING DOMESTIC RELATIONS CASES THAT INCLUDES
306-, BUT IS NOT
307-LIMITED TO
308-, TOPICS RELATED TO PARENTING ISSUES , ISSUES REGARDING
309-RELATIONS WITHIN A FAMILY OR HOUSEHOLD
310-, PHYSICAL AND MENTAL
311-HEALTH CHALLENGES THAT MAY IMPACT FAMILIES
312-, ISSUES THAT MAY
313-IMPACT THE RELATIONSHIP BETWEEN A CHILD AND FAMILY MEMBERS
314-, AND
315-IDENTIFICATION AND MANAGEMENT OF FAMILY CONFLICT
316-. THE WORKING
317-GROUP MUST ALSO CONSIDER THE DATA DESCRIBED IN SUBSECTION
318- (14)(c)
319-OF THIS SECTION.
358+20
359+ANALYZE AND DETERMINE TRAINING STANDARDS FOR JUDICIAL21
360+PERSONNEL REGARDING DOMESTIC RELATIONS CASES THAT INCLUDES , BUT22
361+IS NOT LIMITED TO, TOPICS RELATED TO PARENTING ISSUES , ISSUES23
362+REGARDING RELATIONS WITHIN A FAMILY OR HOUSEHOLD , PHYSICAL AND24
363+MENTAL HEALTH CHALLENGES THAT MAY IMPACT FAMILIES , ISSUES THAT25
364+MAY IMPACT THE RELATIONSHIP BETWEEN A CHILD AND FAMILY MEMBERS ,26
365+AND IDENTIFICATION AND MANAGEMENT OF FAMILY CONFLICT . THE27
366+1108
367+-8- WORKING GROUP MUST ALSO CONSIDER THE DATA DESCRIBED IN1
368+SUBSECTION (13)(c) OF THIS SECTION.2
320369 (c) T
321370 HE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL
322-PROVIDE THE FOLLOWING DATA TO THE WORKING GROUP AS SOON AS
323-PRACTICABLE BUT NOT LATER THAN
324-NOVEMBER 1, 2023:
371+3
372+PROVIDE THE FOLLOWING DATA TO THE WORKING GROUP AS SOON AS4
373+PRACTICABLE BUT NOT LATER THAN NOVEMBER 1, 2023:5
325374 (I) T
326375 HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL
327-DISTRICT AND THE NUMBER OF DOMESTIC RELATIONS CASES AS A
328-PERCENTAGE OF THE TOTAL NUMBER OF CASES IN EACH DISTRICT
329-;
376+6
377+DISTRICT AND THE NUMBER OF DOMESTIC RELATIONS CASES AS A7
378+PERCENTAGE OF THE TOTAL NUMBER OF CASES IN EACH DISTRICT ;8
330379 (II) T
331-HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT IN WHICH A
332-PARTY SEEKS TO REOPEN A CLOSED DOMESTIC RELATIONS CASE
333-; AND
334-(III) THE STATUS OF REPRESENTATION FOR PARTIES IN DOMESTIC
335-RELATIONS CASES IN EACH JUDICIAL DISTRICT
336-, INCLUDING:
380+HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT IN WHICH
381+9
382+A PARTY SEEKS TO REOPEN A CLOSED DOMESTIC RELATIONS CASE ; AND10
383+(III) T
384+HE STATUS OF REPRESENTATION FOR PARTIES IN DOMESTIC
385+11
386+RELATIONS CASES IN EACH JUDICIAL DISTRICT, INCLUDING:12
337387 (A) T
338388 HE NUMBER OF CASES IN WHICH BOTH PARTIES WERE
339-REPRESENTED BY COUNSEL AT THE COMMENCEMENT OF THE CASE AND THE
340-NUMBER OF CASES IN WHICH ONLY ONE PARTY WAS REPRESENTED BY
341-COUNSEL AT THE COMMENCEMENT OF THE CASE
342-;
343-PAGE 7-HOUSE BILL 23-1108 (B) THE NUMBER OF CASES IN WHICH THERE WAS A SUBSEQUENT
344-ENTRY OF APPEARANCE BY COUNSEL IN A CASE IN WHICH ONE OR BOTH
345-PARTIES PROCEEDED WITHOUT REPRESENTATION BY COUNSEL AT THE
346-COMMENCEMENT OF THE CASE
347-;
389+13
390+REPRESENTED BY COUNSEL AT THE COMMENCEMENT OF THE CASE AND THE14
391+NUMBER OF CASES IN WHICH ONLY ONE PARTY WAS REPRESENTED BY15
392+COUNSEL AT THE COMMENCEMENT OF THE CASE ;16
393+(B) T
394+HE NUMBER OF CASES IN WHICH THERE WAS A SUBSEQUENT
395+17
396+ENTRY OF APPEARANCE BY COUNSEL IN A CASE IN WHICH ONE OR BOTH18
397+PARTIES PROCEEDED WITHOUT REPRESENTATION BY COUNSEL AT THE19
398+COMMENCEMENT OF THE CASE ;20
348399 (C) T
349-HE NUMBER OF CASES IN WHICH THERE WAS A WITHDRAWAL BY
350-COUNSEL
351-; AND
352-(D) THE NUMBER OF CASES IN WHICH AN ATTORNEY WAS NOT
353-COUNSEL OF RECORD BUT PROVIDED SERVICES TO A PARTY TO THE CASE
354-.
400+HE NUMBER OF CASES IN WHICH THERE WAS A WITHDRAWAL
401+21
402+BY COUNSEL; AND22
403+(D) T
404+HE NUMBER OF CASES IN WHICH AN ATTORNEY WAS NOT
405+23
406+COUNSEL OF RECORD BUT PROVIDED SERVICES TO A PARTY TO THE CASE .24
355407 (d) T
356408 HE FAMILY LAW ATTORNEY THAT SERVES ON THE TASK FORCE
357-SHALL SERVE AS CHAIR OF THE WORKING GROUP
358-.
409+25
410+SHALL SERVE AS CHAIR OF THE WORKING GROUP .26
359411 (e) T
360412 HE CO-CHAIRS OF THE TASK FORCE SHALL APPOINT THE
361-FOLLOWING MEMBERS TO SERVE ON THE WORKING GROUP
362-:
413+27
414+1108
415+-9- FOLLOWING MEMBERS TO SERVE ON THE WORKING GROUP :1
363416 (I) O
364-NE ACTIVELY PRACTICING MENTAL HEALTH PROFESSIONAL WITH
365-TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS
366-CASES
367-, RECOMMENDED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME
368-COURT FROM AMONG CANDIDATES RECOMMENDED BY THE
369-COLORADO BAR
370-ASSOCIATION
371-;
417+NE ACTIVELY PRACTICING MENTAL HEALTH PROFESSIONAL
418+2
419+WITH TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC3
420+RELATIONS CASES, RECOMMENDED BY THE CHIEF JUSTICE OF THE4
421+C
422+OLORADO SUPREME COURT FROM AMONG CANDIDATES RECOMMENDED
423+5
424+BY THE COLORADO BAR ASSOCIATION ;6
372425 (II) T
373426 WO FAMILY LAW ATTORNEYS LICENSED TO PRACTICE LAW IN
374-COLORADO, RECOMMENDED BY THE COLORADO BAR ASSOCIATION ;
427+7
428+C
429+OLORADO, RECOMMENDED BY THE COLORADO BAR ASSOCIATION ;
430+8
375431 (III) O
376432 NE ACTIVELY PRACTICING FINANCIAL PROFESSIONAL WITH
377-TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS
378-CASES
379-, RECOMMENDED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME
380-COURT FROM AMONG C ANDIDATES RECOMMENDED BY THE FAMILY LAW
381-SECTION OF THE
382-COLORADO BAR ASSOCIATION ; AND
383-(IV) THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT OR THE
384-CHIEF JUSTICE
385-'S DESIGNEE.
433+9
434+TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS10
435+CASES, RECOMMENDED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME11
436+COURT FROM AMONG CANDIDATES RECOMMENDED BY THE FAMILY LAW12
437+SECTION OF THE COLORADO BAR ASSOCIATION ; AND13
438+(IV) T
439+HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT OR
440+14
441+THE CHIEF JUSTICE'S DESIGNEE.15
386442 (f) O
387-N OR BEFORE NOVEMBER 1, 2023, THE WORKING GROUP SHALL
388-CREATE A REPORT THAT INCLUDES RECOMMENDATIONS ON TRAINING
389-STANDARDS REGARDING DOMESTIC RELATIONS AND SUBMIT THE REPORT TO
390-THE TASK FORCE FOR REVIEW
391-.
392-PAGE 8-HOUSE BILL 23-1108 (15) ON OR BEFORE FEBRUARY 1, 2024, THE TASK FORCE SHALL
393-SUBMIT A REPORT
394-, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON
395-CONSIDERATIONS AND GUIDANCE IDENTIFIED IN SUBSECTIONS
396-(11) AND (12)
443+N OR BEFORE NOVEMBER 1, 2023, THE WORKING GROUP
444+16
445+SHALL CREATE A REPORT THAT INCLUDES RECOMMENDATIONS ON17
446+TRAINING STANDARDS REGARDING DOMESTIC RELATIONS AND SUBMIT THE18
447+REPORT TO THE TASK FORCE FOR REVIEW .19
448+(14) O
449+N OR BEFORE FEBRUARY 1, 2024, THE TASK FORCE SHALL
450+20
451+SUBMIT A REPORT, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON21
452+CONSIDERATIONS AND GUIDANCE IDENTIFIED IN SUBSECTIONS (10) AND22
453+(11)
397454 OF THIS SECTION AND FROM THE WORKING GROUP ESTABLISHED IN
398-SUBSECTION
399-(14) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES
400-JUDICIARY COMMITTEE AND THE SENATE JUDICIARY COMMITTEE
401-, OR THEIR
402-SUCCESSOR COMMITTEES
403-, AND THE JUDICIAL DEPARTMENT . ALL
404-RECOMMENDATIONS MADE BY THE TASK FORCE MUST BE APPROVED BY A
405-MAJORITY OF THE TASK FORCE MEMBERS IN ORDER TO BE INCLUDED IN THE
406-REPORT
407-.
408-(16) T
455+23
456+SUBSECTION (13) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES24
457+JUDICIARY COMMITTEE AND THE SENATE JUDICIARY COMMI TTEE , OR THEIR25
458+SUCCESSOR COMMITTEES , AND THE JUDICIAL DEPARTMENT . ALL26
459+RECOMMENDATIONS MADE BY THE TASK FORCE MUST BE APPROVED BY A27
460+1108
461+-10- MAJORITY OF THE TASK FORCE MEMBERS IN ORDER TO BE INCLUDED IN THE1
462+REPORT.2
463+(15) T
409464 HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
410-SECTION 2. Appropriation. For the 2023-24 state fiscal year,
411-$11,900 is appropriated to the department of public safety for use by the
412-division of criminal justice. This appropriation is from the general fund. To
413-implement this act, the division may use this appropriation for DCJ
414-administrative services.
415-SECTION 3. Safety clause. The general assembly hereby finds,
416-PAGE 9-HOUSE BILL 23-1108 determines, and declares that this act is necessary for the immediate
417-preservation of the public peace, health, or safety.
418-____________________________ ____________________________
419-Julie McCluskie Steve Fenberg
420-SPEAKER OF THE HOUSE PRESIDENT OF
421-OF REPRESENTATIVES THE SENATE
422-____________________________ ____________________________
423-Robin Jones Cindi L. Markwell
424-CHIEF CLERK OF THE HOUSE SECRETARY OF
425-OF REPRESENTATIVES THE SENATE
426- APPROVED________________________________________
427- (Date and Time)
428- _________________________________________
429- Jared S. Polis
430- GOVERNOR OF THE STATE OF COLORADO
431-PAGE 10-HOUSE BILL 23-1108
465+3
466+SECTION 2. Appropriation. For the 2023-24 state fiscal year,4
467+$11,900 is appropriated to the judicial department for use by courts5
468+administration. This appropriation is from the general fund. To implement6
469+this act, the department may use this appropriation for general courts7
470+administration.8
471+SECTION 3. Safety clause. The general assembly hereby finds,9
472+determines, and declares that this act is necessary for the immediate10
473+preservation of the public peace, health, or safety.11
474+1108
475+-11-