Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Room 029 State Capitol, Denver, CO 80203-1784 Phone: (303) 866-3521 • Fax: (303) 866-3855 lcs.ga@state.co.us • leg.colorado.gov/lcs Fiscal Note Memorandum April 17, 2023 TO: Members of the House Judiciary Committee FROM: John Armstrong, Fiscal Analyst john.armstrong@coleg.gov | (303-866-6289) SUBJECT: Fiscal Assessment of Proposed Amendment HB1222_L.001 This memorandum is an assessment of the fiscal impact of the attached proposed amendment L.001 to HB23-1222. This fiscal assessment is for the impact of the bill with inclusion of this amendment only. Any other added amendment could influence the fiscal impact. Summary of Proposed Amendment Amendment L.001 reinstates the jurisdiction of municipal courts to hear domestic violence proceedings and creates requirements for municipalities’ domestic violence laws. These requirements include that: victims, their families and witnesses receive protections equivalent to those in state law; sentences are equivalent to those in state law; conditions of probation and release on bond are consistent with equivalent state laws; any guidelines and standards are consistent with those adopted by the Domestic Violence Offender Management Board; and a prosecutor make a reasonable effort to remain as the prosecutor throughout the case. The amendment also requires that municipal courts issue a protection order in criminal domestic violence proceedings and report alleged violations to the Colorado Bureau of Investigation. Municipalities that have domestic violence laws are subject to compliance enforcement from the Attorney General. Affected individuals may refer their case to the Crime Victim Services Advisory Board for enforcement purposes. Finally, the amendment requires the Department of Public Safety to report to the legislature the number of domestic violence reports and inquiries submitted by municipalities in on an annual basis between 2025 and 2029. 2 Fiscal Impact of Amendment Amendment L.001 eliminates the revenue impact of $131,006 in FY 2023-24 and $573,932 in FY 2024-25 from the initial fiscal note from March 31, 2023. It also eliminates the expenditure impact of $2,611,397 and 22.0 FTE in FY 2023-24 and $5,449,460 and 52.8 FTE in FY 2024-25. These impacts are removed by Amendment L.001 because affected domestic violence cases will remain in municipal court, rather than be transferred to state county or district court. Under the amendment, municipalities that hear domestic violence cases government will retain jurisdiction over these cases, but will have additional workload in order to conform to equivalent sections of state law. Additionally, to the extent that municipalities violate the requirements of the amendment, the Department of Law may have an increase in workload and costs for enforcement. This fiscal note memorandum assumes that municipalities will comply with the additional requirements and that any additional workload can be accomplished within existing appropriations. Finally, the Department of Public Safety will have an increase in workload to report the additional reports and inquiries to the legislature. This additional reporting is assumed to be minimal and not require any additional appropriations. Bill’s Revised Fiscal Impact with Amendment As described above, the bill with Amendment L.001 is assessed as having a minimal workload increase to the Department of Law and the Department of Public Safety. No change in appropriations is required.