Page 1 May 1, 2023 HB 23-1222 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated March 31, 2023) Drafting Number: Prime Sponsors: LLS 23-0431 Rep. Duran; Weissman Sen. Roberts; Winter F. Date: Bill Status: Fiscal Analyst: May 1, 2023 Senate Judiciary John Armstrong | 303-866-6289 john.armstrong@coleg.gov Bill Topic: CASES OF DOMESTIC VIOLENCE IN MUNICIPAL COURT Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill creates new requirements for domestic violence cases heard in municipal courts. The bill increases state and local expenditures on an ongoing basis. Appropriation Summary: No appropriation is required. Fiscal Note Status: This revised fiscal note reflects the reengrossed bill. Summary of Legislation The bill creates new requirements for municipal courts in domestic violence proceedings. 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 makes a reasonable effort to remain as the prosecutor throughout the case. The bill 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 bill 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. Page 2 May 1, 2023 HB 23-1222 State Expenditures The bill increases workload to Department of Public Safety (DPS) in FY 2023-24 and ongoing. DPS will report domestic violence data on an annual basis to the legislature as part of their SMART Act hearings. This additional workload is assumed to be minimal. Additionally, the Judicial Department will have a minimal increase in workload for additional reporting requirements. Finally, the Attorney General have an increase in enforcement if a municipality violates these new requirements. The fiscal note assumes municipalities will comply with new requirements. Local Government The additional requirements for municipal courts that hear domestic violence proceedings will increase workload to municipal courts. Exact costs will vary be municipality, and are expected to be accomplished within the normal course of business. Effective Date The bill takes effect January 1, 2024, assuming no referendum petition is filed, and applies to offenses committed on or after this date. State and Local Government Counties District Attorneys Judicial Municipalities The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.