First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
April 21, 2023
HOUSE
Amended 2nd Reading
April 20, 2023
HOUSE SPONSORSHIP
Duran and Weissman, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Froelich,
Hamrick, Joseph, Lieder, Lindsay, Lindstedt, Lynch, Mabrey, Marshall, Martinez,
McCluskie, McLachlan, Michaelson Jenet, Parenti, Pugliese, Sharbini, Soper, Story, Titone,
Velasco, Willford, Woodrow, Young
SENATE SPONSORSHIP
Roberts and Winter F.,
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, add 13-10-104.5 as16
follows:17
13-10-104.5. Municipal court - municipal ordinance - act of18
domestic violence - report - repeal. (1) IF A MUNICIPALITY HAS A19
MUNICIPAL ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC20
VIOLENCE, AS DEFINED IN SECTION 18-6-800.3, THE MUNICIPALITY SHALL21
ADOPT AN ORDINANCE ESTABLISHING :22
(a) THAT VICTIMS, VICTIMS' FAMILIES, AND WITNESSES OF A23
VIOLATION OF AN ACT OF DOMESTIC VIOLENCE RECEIVE PROTECTIONS AND24
RIGHTS EQUIVALENT TO THOSE AFFORDED TO VICTIMS, VICTIMS' FAMILIES,25
AND WITNESSES PURSUANT TO THE "VICTIM RIGHTS ACT", PART 3 OF26
ARTICLE 4.1 OF TITLE 24, AS IT RELATES TO AN ACT OF DOMESTIC27
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-2- VIOLENCE, BY ESTABLISHING THAT:1
(I) THE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY IS2
RESPONSIBLE FOR PROVIDING EQUIVALENT RIGHTS AFFORDED TO VICTIMS3
PURSUANT TO SECTION 24-4.1-303 (2), (5), (7), (9), (10), AND (14.9);4
(II) THE CITY ATTORNEY WITHIN THE MUNICIPALITY IS5
RESPONSIBLE FOR PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO6
VICTIMS PURSUANT TO SECTION 24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9),7
(11),(12), AND (13);8
(III) THE MUNICIPAL COURT IS RESPONSIBLE FOR PROVIDING THE9
EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT TO SECTION10
24-4.1-303 (3.5), (6), (14.4), (14.5), AND (14.7);11
(IV) THE MUNICIPAL COURT PROBATION OFFICE IS RESPONSIBLE12
FOR PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO VICTIMS13
PURSUANT TO SECTION 24-4.1-303 (13.5); AND14
(V) THE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY,15
THE CITY ATTORNEY WITHIN THE MUNICIPALITY , THE MUNICIPAL COURT,16
AND THE MUNICIPAL COURT PROBATION OFFICE ARE RESPONSIBLE FOR17
ENSURING VICTIMS ARE AFFORDED EQUIVALENT RIGHTS TO THOSE18
DESCRIBED IN SECTION 24-4.1-302.5.19
(b) SENTENCING FOR VIOLATIONS THAT ARE EQUIVALENT TO THE20
DOMESTIC VIOLENCE SENTENCES DESCRIBED IN SECTION 18-6-801 (1), (3),21
(4), (5), (6), AND (8), TO THE EXTENT CONSISTENT WITH THE JURISDICTION22
OF THE MUNICIPAL COURT;23
(c) CONDITIONS OF PROBATION THAT THE COURT MAY IMPOSE24
CONSISTENT WITH THE CONDITIONS DESCRIBED IN SECTION 18-1.3-204 (2);25
(d) CONDITIONS OF RELEASE ON BOND THAT ARE CONSISTENT WITH26
THE CONDITIONS DESCRIBED IN SECTION 16-4-105 (4) AND (4.1);27
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-3- (e) GUIDELINES AND STANDARDS THAT ARE CONSISTENT WITH THE1
GUIDELINES AND STANDARDS ADOPTED BY THE DOMESTIC VIOLENCE2
OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16-11.8-103 (4);3
AND4
(f) A REQUIREMENT THAT THE PROSECUTING ATTORNEY WHO5
INITIALLY MEETS WITH THE VICTIM AFTER THE CHARGES ARE FILED MAKE6
A REASONABLE EFFORT TO REMAIN AS THE PROSECUTING ATTORNEY7
THROUGHOUT THE PROCEEDING .8
(2) IN A CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL9
ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE, AS10
DEFINED IN SECTION 18-6-800.3, THE MUNICIPAL COURT SHALL:11
(a) ISSUE A PROTECTION ORDER THAT MEETS THE MINIMUM12
STANDARDS REQUIRED PURSUANT TO SECTION 18-1-1001 (3) AND13
18-1-1001 (5), TO THE EXTENT CONSISTENT WITH THE JURISDICTION OF14
THE MUNICIPAL COURT;15
(b) REPORT OR CAUSE TO BE REPORTED THE ALLEGED VIOLATION16
TO THE COLORADO BUREAU OF INVESTIGATION CREATED IN SECTION17
24-33.5-401, AND ENTER THE INFORMATION INTO THE COLORADO CRIME18
INFORMATION CENTER DATABASE AND THE NATIONAL CRIME19
INFORMATION CENTER DATABASE ; AND20
(c) SEARCH THE COLORADO BUREAU OF INVESTIGATION CREATED21
IN SECTION 24-33.5-401, THE COLORADO CRIME INFORMATION CENTER22
DATABASE, AND THE NATIONAL CRIME INFORMATION CENTER SYSTEM23
DATABASE TO DETERMINE IF THE RESPONDENT HAS A HISTORY OF24
DOMESTIC VIOLENCE.25
(3) ANY CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL26
ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE, AS27
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-4- DEFINED IN SECTION 18-6-800.3, IS A MISDEMEANOR FOR PURPOSES OF1
COMPLYING WITH 18 U.S.C. SEC. 921.2
(4) ANY AFFECTED PERSON MAY ENFORCE COMPLIANCE WITH THIS3
SECTION BY NOTIFYING THE CRIME VICTIM SERVICES ADVISORY BOARD4
CREATED IN SECTION 24-4.1-117.3 (1) OF ANY NONCOMPLIANCE WITH THIS5
SECTION. THE CRIME VICTIM SERVICES ADVISORY BOARD SHALL REVIEW6
ANY REPORT OF NONCOMPLIANCE, AND, IF THE BOARD DETERMINES THAT7
THE REPORT OF NONCOMPLIANCE HAS A BASIS IN FACT AND CANNOT BE8
RESOLVED, THE BOARD SHALL REFER THE REPORT OF NONCOMPLIANCE TO9
THE GOVERNOR, WHO SHALL REQUEST THAT THE ATTORNEY GENERAL FILE10
SUIT TO ENFORCE COMPLIANCE WITH THIS SECTION. A PERSON,11
CORPORATION, OR OTHER LEGAL ENTITY IS NOT ENTITLED TO CLAIM OR TO12
RECEIVE ANY DAMAGES OR OTHER FINANCIAL REDRESS FOR ANY FAILURE13
TO COMPLY WITH THIS SECTION.14
(5) (a) BEGINNING JANUARY 2025 AND EACH YEAR UNTIL15
JANUARY 2029, THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO16
THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE17
JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, DURING THE18
DEPARTMENT'S "SMART ACT" HEARING THE TOTAL NUMBER OF REPORTS19
AND INQUIRIES SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION ,20
THE COLORADO CRIME INFORMATION CENTER DATABASE , AND THE21
NATIONAL CRIME INFORMATION CENTER DATABASE PURSUANT TO22
SUBSECTIONS (2)(b) AND (2)(c) OF THIS SECTION, AGGREGATED BY23
MUNICIPALITY.24
(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2029.25
SECTION 3. In Colorado Revised Statutes, 24-4.1-117.3, add26
(3)(f) as follows:27
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-5- 24-4.1-117.3. Crime victim services advisory board - creation1
- duties. (3) The advisory board's powers and duties shall include, but2
need not be IS NOT limited to, the following:3
(f) TO REVIEW ANY REPORTS OF NONCOMPLIANCE WITH SECTION4
13-10-104.5;5
SECTION 4. Act subject to petition - effective date -6
applicability. (1) This act takes effect January 1, 2024; except that, if a7
referendum petition is filed pursuant to section 1 (3) of article V of the8
state constitution against this act or an item, section, or part of this act9
within the ninety-day period after final adjournment of the general10
assembly, then the act, item, section, or part will not take effect unless11
approved by the people at the general election to be held in November12
2024 and, in such case, will take effect on the date of the official13
declaration of the vote thereon by the governor.14
(2) This act applies to domestic violence offenses committed on15
or after the applicable effective date of this act.16
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