First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0431.01 Shelby Ross x4510
HOUSE BILL 23-1222
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE JURISDICTION OF MUNICIPAL COURTS TO HEAR101
DOMESTIC VIOLENCE OFFENSES . 102
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
.)
Beginning January 1, 2024, the bill prohibits the prosecution of an
alleged act of domestic violence in municipal courts. The county and
district courts retain jurisdiction over such cases.
Be it enacted by the General Assembly of the State of Colorado:1
HOUSE SPONSORSHIP
Duran and Weissman,
SENATE SPONSORSHIP
Roberts,
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. SECTION 1. In Colorado Revised Statutes, amend 13-10-103 as1
follows:2
13-10-103. Applicability. This article 10 applies to and governs3
the operation of municipal courts in the cities and towns of this state.4
Except for the provisions relating to the method of salary payment for5
municipal judges, the incarceration of children pursuant to sections6
19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or7
lawful custodian of any child under eighteen years of age who is charged8
with a municipal offense as required by section 13-10-111, the right to a9
trial by jury for petty offenses pursuant to section 16-10-109, relief from10
improperly entered guilty pleas pursuant to section 18-1-410.6,
THE11
PROSECUTION OF AN ALLEGED ACT OF DOMESTIC VIOLENCE , AS DEFINED12
IN SECTION 18-6-800.3, rules of procedure promulgated by the supreme13
court, and appellate procedure, this article 10 may be superseded by14
charter or ordinance enacted by a home rule city.15
SECTION 2. In Colorado Revised Statutes, amend 13-10-104 as16
follows:17
13-10-104. Municipal court created - jurisdiction. The18
municipal governing body of each city or town shall create a municipal19
court to hear and try all alleged violations of ordinance provisions of such20
city or town;
EXCEPT THAT A MUNICIPAL COURT DOES NOT HAVE21
JURISDICTION TO HEAR AND TRY AN ALLEGED ACT OF DOMESTIC VIOLENCE ,22
AS DEFINED IN SECTION 18-6-800.3.23
SECTION 3. Act subject to petition - effective date -24
applicability. (1) This act takes effect January 1, 2024; except that, if a25
referendum petition is filed pursuant to section 1 (3) of article V of the26
state constitution against this act or an item, section, or part of this act27
HB23-1222
-2- within the ninety-day period after final adjournment of the general1
assembly, then the act, item, section, or part will not take effect unless2
approved by the people at the general election to be held in November3
2024 and, in such case, will take effect on the date of the official4
declaration of the vote thereon by the governor.5
(2) This act applies to domestic violence offenses committed on6
or after the applicable effective date of this act.7
HB23-1222
-3-