Colorado 2023 Regular Session

Colorado House Bill HB1222 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	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. 23-0431.01 Shelby Ross x4510
1	8		HOUSE BILL 23-1222
2		-	BY REPRESENTATIVE(S) Duran and Weissman, Amabile, Bacon,
3		-	Boesenecker, Brown, deGruy Kennedy, Froelich, Hamrick, Joseph, Lieder,
4		-	Lindsay, Lindstedt, Lynch, Mabrey, Marshall, Martinez, McLachlan,
5		-	Michaelson Jenet, Parenti, Pugliese, Sharbini, Soper, Story, Titone,
6		-	Velasco, Willford, Woodrow, Young, McCluskie;
7		-	also SENATOR(S) Roberts and Winter F., Buckner, Coleman, Cutter,
8		-	Danielson, Exum, Fields, Ginal, Hansen, Jaquez Lewis, Marchman,
9		-	Moreno, Mullica, Priola, Sullivan, Van Winkle.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
10	12		C
11		-	ONCERNING THE JURISDICTION OF MUNICIPAL COURTS TO HEAR DOMESTIC
12		-	VIOLENCE OFFENSES
13		-	.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, amend 13-10-103 as
16		-	follows:
17		-	13-10-103. Applicability. This article 10 applies to and governs the
18		-	operation of municipal courts in the cities and towns of this state. Except for
19		-	the provisions relating to the method of salary payment for municipal
20		-	judges, the incarceration of children pursuant to sections 19-2.5-305 and
21		-	19-2.5-1511, the appearance of the parent, guardian, or lawful custodian of
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. any child under eighteen years of age who is charged with a municipal
30		-	offense as required by section 13-10-111, the right to a trial by jury for petty
31		-	offenses pursuant to section 16-10-109, relief from improperly entered
32		-	guilty pleas pursuant to section 18-1-410.6,
33		-	THE PROSECUTION OF AN
34		-	ALLEGED ACT OF DOMESTIC VIOLENCE
35		-	, AS DEFINED IN SECTION 18-6-800.3,
36		-	rules of procedure promulgated by the supreme court, and appellate
37		-	procedure, this article 10 may be superseded by charter or ordinance
38		-	enacted by a home rule city.
39		-	SECTION 2. In Colorado Revised Statutes, add 13-10-104.5 as
40		-	follows:
41		-	13-10-104.5. Municipal court - municipal ordinance - act of
42		-	domestic violence - report - repeal. (1) I
43		-	F A MUNICIPALITY HAS A
44		-	MUNICIPAL ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE
45		-	,
46		-	AS DEFINED IN SECTION 18-6-800.3, THE MUNICIPALITY SHALL ADOPT AN
47		-	ORDINANCE ESTABLISHING
48		-	:
49		-	(a) T
50		-	HAT VICTIMS, VICTIMS' FAMILIES, AND WITNESSES OF A
51		-	VIOLATION OF AN ACT OF DOMESTIC VIOLENCE RECEIVE PROTECTIONS AND
52		-	RIGHTS EQUIVALENT TO THOSE AFFORDED TO VICTIMS
53		-	, VICTIMS' FAMILIES,
54		-	AND WITNESSES PURSUANT TO THE "VICTIM RIGHTS ACT", PART 3 OF
55		-	ARTICLE
56		-	4.1 OF TITLE 24, AS IT RELATES TO AN ACT OF DOMESTIC VIOLENCE,
57		-	BY ESTABLISHING THAT:
58		-	(I) T
59		-	HE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY IS
60		-	RESPONSIBLE FOR PROVIDING EQUIVALENT RIGHTS AFFORDED TO VICTIMS
61		-	PURSUANT TO SECTION
62		-	24-4.1-303 (2), (5), (7), (9), (10), AND (14.9);
63		-	(II) T
64		-	HE CITY ATTORNEY WITHIN THE MUNICIPALITY IS RESPONSIBLE
65		-	FOR PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT
66		-	TO SECTION
67		-	24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9), (11),(12), AND (13);
68		-	(III) T
69		-	HE MUNICIPAL COURT IS RESPONSIBLE FOR PROVIDING THE
70		-	EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT TO SECTION
71		-	24-4.1-303 (3.5), (6), (14.4), (14.5), AND (14.7);
72		-	(IV) T
73		-	HE MUNICIPAL COURT PROBATION OFFICE IS RESPONSIBLE FOR
74		-	PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT TO
75		-	SECTION
76		-	24-4.1-303 (13.5); AND
77		-	PAGE 2-HOUSE BILL 23-1222 (V) THE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY ,
78		-	THE CITY ATTORNEY WITHIN THE MUNICIPALITY, THE MUNICIPAL COURT, AND
79		-	THE MUNICIPAL COURT PROBATION OFFICE ARE RESPONSIBLE FOR ENSURING
80		-	VICTIMS ARE AFFORDED EQUIVALENT RIGHTS TO THOSE DESCRIBED IN
81		-	SECTION
82		-	24-4.1-302.5.
83		-	(b) S
84		-	ENTENCING FOR VIOLATIONS THAT ARE EQUIVALENT TO THE
85		-	DOMESTIC VIOLENCE SENTENCES DESCRIBED IN SECTION
86		-	18-6-801 (1), (3),
87		-	(4),
88		-	(5), (6), AND (8), TO THE EXTENT CONSISTENT WITH THE JURISDICTION OF
89		-	THE MUNICIPAL COURT
90		-	;
91		-	(c) C
92		-	ONDITIONS OF PROBATION THAT THE COURT MAY IMPOSE
93		-	CONSISTENT WITH THE CONDITIONS DESCRIBED IN SECTION
94		-	18-1.3-204 (2);
95		-	(d) C
96		-	ONDITIONS OF RELEASE ON BOND THAT ARE CONSISTENT WITH
97		-	THE CONDITIONS DESCRIBED IN SECTION
98		-	16-4-105 (4) AND (4.1);
99		-	(e) G
100		-	UIDELINES AND STANDARDS THAT ARE CONSISTENT WITH THE
101		-	GUIDELINES AND STANDARDS ADOPTED BY THE DOMESTIC VIOLENCE
102		-	OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION
103		-	16-11.8-103 (4);
104		-	AND
105		-	(f) A REQUIREMENT THAT THE PROSECUTING ATTORNEY WHO
106		-	INITIALLY MEETS WITH THE VICTIM AFTER THE CHARGES ARE FILED MAKE A
107		-	REASONABLE EFFORT TO REMAIN AS THE PROSECUTING ATTORNEY
108		-	THROUGHOUT THE PROCEEDING
109		-	.
110		-	(2) I
111		-	N A CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL
112		-	ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE
113		-	, AS
114		-	DEFINED IN SECTION
115		-	18-6-800.3, THE MUNICIPAL COURT SHALL:
116		-	(a) I
117		-	SSUE A PROTECTION ORDER THAT MEETS THE MINIMUM
118		-	STANDARDS REQUIRED PURS UANT TO SECTION
119		-	18-1-1001 (3) AND 18-1-1001
120		-	(5),
121		-	TO THE EXTENT CONSISTENT WITH THE JURISDICTION OF THE MUNICIPAL
122		-	COURT
123		-	;
124		-	(b) R
125		-	EPORT OR CAUSE TO BE REPORTED THE ALLEGED VIOLATION TO
126		-	THE
127		-	COLORADO BUREAU OF INVESTIGATION CREATED IN SECTION
128		-	24-33.5-401, AND ENTER THE INFORMATION INTO THE COLORADO CRIME
129		-	INFORMATION CENTER DATABASE AND THE NATIONAL CRIME INFORMATION
130		-	PAGE 3-HOUSE BILL 23-1222 CENTER DATABASE; AND
131		-	(c) SEARCH THE COLORADO BUREAU OF INVESTIGATION CREATED IN
132		-	SECTION
133		-	24-33.5-401, THE COLORADO CRIME INFORMATION CENTER
134		-	DATABASE
135		-	, AND THE NATIONAL CRIME INFORMATION CENTER SYSTEM
136		-	DATABASE TO DETERMINE IF THE RESP ONDENT HAS A HISTORY OF DOMESTIC
137		-	VIOLENCE
138		-	.
139		-	(3) A
140		-	NY CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL
141		-	ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE
142		-	, AS
143		-	DEFINED IN SECTION
144		-	18-6-800.3, IS A MISDEMEANOR FOR PURPOSES OF
145		-	COMPLYING WITH
146		-	18 U.S.C. SEC. 921.
147		-	(4) A
148		-	NY AFFECTED PERSON MAY ENFORCE COMPLIANCE WITH THIS
149		-	SECTION BY NOTIFYING THE CRIME VICTIM SERVICES ADVISORY BOARD
150		-	CREATED IN SECTION
151		-	24-4.1-117.3 (1) OF ANY NONCOMPLIANCE WITH THIS
152		-	SECTION
153		-	. THE CRIME VICTIM SERVICES ADVISORY BOARD SHALL REVIEW ANY
154		-	REPORT OF NONCOMPLIANCE
155		-	, AND, IF THE BOARD DETERMINES THAT THE
156		-	REPORT OF NONCOMPLIANCE HAS A BASIS IN FACT AND CANNOT BE
157		-	RESOLVED
158		-	, THE BOARD SHALL REFER THE REPORT OF NONCOMPLIANCE TO
159		-	THE GOVERNOR
160		-	, WHO SHALL REQUEST THAT THE ATTORNEY GENERAL FILE
161		-	SUIT TO ENFORCE COMPLIANCE WITH THIS SECTION
162		-	. A PERSON,
163		-	CORPORATION, OR OTHER LEGAL ENTITY IS NOT ENTITLED TO CLAIM OR TO
164		-	RECEIVE ANY DAMAGES OR OTHER FINANCIAL REDRESS FOR ANY FAILURE TO
165		-	COMPLY WITH THIS SECTION
166		-	.
167		-	(5) (a) B
168		-	EGINNING JANUARY 2025 AND EACH YEAR UNTIL JANUARY
169		-	2029, THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE HOUSE OF
170		-	REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY
171		-	COMMITTEE
172		-	, OR THEIR SUCCESSOR COMMITTEES, DURING THE DEPARTMENT'S
173		-	"SMART ACT" HEARING THE TOTAL NUMBER OF REPORTS AND INQUIRIES
174		-	SUBMITTED TO THE
175		-	COLORADO BUREAU OF INVESTIGATION , THE COLORADO
176		-	CRIME INFORMATION CENTER DATABASE
177		-	, AND THE NATIONAL CRIME
178		-	INFORMATION CENTER DATABASE PURSUANT TO SUBSECTIONS
179		-	(2)(b) AND
180		-	(2)(c) OF THIS SECTION, AGGREGATED BY MUNICIPALITY .
181		-	(b) T
182		-	HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2029.
183		-	SECTION 3. In Colorado Revised Statutes, 24-4.1-117.3, amend
184		-	(3) introductory portion; and add (3)(f) as follows:
185		-	PAGE 4-HOUSE BILL 23-1222 24-4.1-117.3. Crime victim services advisory board - creation -
186		-	duties. (3) The advisory board's powers and duties shall include, but need
187		-	not be ARE NOT limited to, the following:
188		-	(f) T
189		-	O REVIEW ANY REPORTS OF NONCOMPLIANCE WITH SECTION
190		-	13-10-104.5;
191		-	SECTION 4. Act subject to petition - effective date -
192		-	applicability. (1) This act takes effect January 1, 2024; except that, if a
193		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
194		-	constitution against this act or an item, section, or part of this act within the
195		-	ninety-day period after final adjournment of the general assembly, then the
196		-	act, item, section, or part will not take effect unless approved by the people
197		-	at the general election to be held in November 2024 and, in such case, will
198		-	take effect on the date of the official declaration of the vote thereon by the
199		-	governor.
200		-	PAGE 5-HOUSE BILL 23-1222 (2) This act applies to domestic violence offenses committed on or
201		-	after the applicable effective date of this act.
202		-	____________________________ ____________________________
203		-	Julie McCluskie Steve Fenberg
204		-	SPEAKER OF THE HOUSE PRESIDENT OF
205		-	OF REPRESENTATIVES THE SENATE
206		-	____________________________ ____________________________
207		-	Robin Jones Cindi L. Markwell
208		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
209		-	OF REPRESENTATIVES THE SENATE
210		-	APPROVED________________________________________
211		-	(Date and Time)
212		-	_________________________________________
213		-	Jared S. Polis
214		-	GOVERNOR OF THE STATE OF COLORADO
215		-	PAGE 6-HOUSE BILL 23-1222
	13	+	ONCERNING THE JURISDICTION OF MUNICIPAL COURTS TO HEAR101
	14	+	DOMESTIC VIOLENCE OFFENSES . 102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Beginning January 1, 2024, the bill prohibits the prosecution of an
	23	+	alleged act of domestic violence in municipal courts. The county and
	24	+	district courts retain jurisdiction over such cases.
	25	+	Be it enacted by the General Assembly of the State of Colorado:1
	26	+	SENATE
	27	+	3rd Reading Unamended
	28	+	May 3, 2023
	29	+	SENATE
	30	+	2nd Reading Unamended
	31	+	May 2, 2023
	32	+	HOUSE
	33	+	3rd Reading Unamended
	34	+	April 21, 2023
	35	+	HOUSE
	36	+	Amended 2nd Reading
	37	+	April 20, 2023
	38	+	HOUSE SPONSORSHIP
	39	+	Duran and Weissman, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Froelich,
	40	+	Hamrick, Joseph, Lieder, Lindsay, Lindstedt, Lynch, Mabrey, Marshall, Martinez,
	41	+	McCluskie, McLachlan, Michaelson Jenet, Parenti, Pugliese, Sharbini, Soper, Story, Titone,
	42	+	Velasco, Willford, Woodrow, Young
	43	+	SENATE SPONSORSHIP
	44	+	Roberts and Winter F., Buckner, Coleman, Cutter, Danielson, Exum, Fields, Ginal,
	45	+	Hansen, Jaquez Lewis, Marchman, Moreno, Mullica, Priola, Sullivan, Van Winkle
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. SECTION 1. In Colorado Revised Statutes, amend 13-10-103 as1
	49	+	follows:2
	50	+	13-10-103. Applicability. This article 10 applies to and governs3
	51	+	the operation of municipal courts in the cities and towns of this state.4
	52	+	Except for the provisions relating to the method of salary payment for5
	53	+	municipal judges, the incarceration of children pursuant to sections6
	54	+	19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or7
	55	+	lawful custodian of any child under eighteen years of age who is charged8
	56	+	with a municipal offense as required by section 13-10-111, the right to a9
	57	+	trial by jury for petty offenses pursuant to section 16-10-109, relief from10
	58	+	improperly entered guilty pleas pursuant to section 18-1-410.6,
	59	+	THE11
	60	+	PROSECUTION OF AN ALLEGED ACT OF DOMESTIC VIOLENCE , AS DEFINED12
	61	+	IN SECTION 18-6-800.3, rules of procedure promulgated by the supreme13
	62	+	court, and appellate procedure, this article 10 may be superseded by14
	63	+	charter or ordinance enacted by a home rule city.15
	64	+	SECTION 2. In Colorado Revised Statutes, add 13-10-104.5 as16
	65	+	follows:17
	66	+	13-10-104.5. Municipal court - municipal ordinance - act of18
	67	+	domestic violence - report - repeal. (1) IF A MUNICIPALITY HAS A19
	68	+	MUNICIPAL ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC20
	69	+	VIOLENCE, AS DEFINED IN SECTION 18-6-800.3, THE MUNICIPALITY SHALL21
	70	+	ADOPT AN ORDINANCE ESTABLISHING :22
	71	+	(a) THAT VICTIMS, VICTIMS' FAMILIES, AND WITNESSES OF A23
	72	+	VIOLATION OF AN ACT OF DOMESTIC VIOLENCE RECEIVE PROTECTIONS AND24
	73	+	RIGHTS EQUIVALENT TO THOSE AFFORDED TO VICTIMS, VICTIMS' FAMILIES,25
	74	+	AND WITNESSES PURSUANT TO THE "VICTIM RIGHTS ACT", PART 3 OF26
	75	+	ARTICLE 4.1 OF TITLE 24, AS IT RELATES TO AN ACT OF DOMESTIC27
	76	+	1222
	77	+	-2- VIOLENCE, BY ESTABLISHING THAT:1
	78	+	(I) THE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY IS2
	79	+	RESPONSIBLE FOR PROVIDING EQUIVALENT RIGHTS AFFORDED TO VICTIMS3
	80	+	PURSUANT TO SECTION 24-4.1-303 (2), (5), (7), (9), (10), AND (14.9);4
	81	+	(II) THE CITY ATTORNEY WITHIN THE MUNICIPALITY IS5
	82	+	RESPONSIBLE FOR PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO6
	83	+	VICTIMS PURSUANT TO SECTION 24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9),7
	84	+	(11),(12), AND (13);8
	85	+	(III) THE MUNICIPAL COURT IS RESPONSIBLE FOR PROVIDING THE9
	86	+	EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT TO SECTION10
	87	+	24-4.1-303 (3.5), (6), (14.4), (14.5), AND (14.7);11
	88	+	(IV) THE MUNICIPAL COURT PROBATION OFFICE IS RESPONSIBLE12
	89	+	FOR PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO VICTIMS13
	90	+	PURSUANT TO SECTION 24-4.1-303 (13.5); AND14
	91	+	(V) THE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY,15
	92	+	THE CITY ATTORNEY WITHIN THE MUNICIPALITY , THE MUNICIPAL COURT,16
	93	+	AND THE MUNICIPAL COURT PROBATION OFFICE ARE RESPONSIBLE FOR17
	94	+	ENSURING VICTIMS ARE AFFORDED EQUIVALENT RIGHTS TO THOSE18
	95	+	DESCRIBED IN SECTION 24-4.1-302.5.19
	96	+	(b) SENTENCING FOR VIOLATIONS THAT ARE EQUIVALENT TO THE20
	97	+	DOMESTIC VIOLENCE SENTENCES DESCRIBED IN SECTION 18-6-801 (1), (3),21
	98	+	(4), (5), (6), AND (8), TO THE EXTENT CONSISTENT WITH THE JURISDICTION22
	99	+	OF THE MUNICIPAL COURT;23
	100	+	(c) CONDITIONS OF PROBATION THAT THE COURT MAY IMPOSE24
	101	+	CONSISTENT WITH THE CONDITIONS DESCRIBED IN SECTION 18-1.3-204 (2);25
	102	+	(d) CONDITIONS OF RELEASE ON BOND THAT ARE CONSISTENT WITH26
	103	+	THE CONDITIONS DESCRIBED IN SECTION 16-4-105 (4) AND (4.1);27
	104	+	1222
	105	+	-3- (e) GUIDELINES AND STANDARDS THAT ARE CONSISTENT WITH THE1
	106	+	GUIDELINES AND STANDARDS ADOPTED BY THE DOMESTIC VIOLENCE2
	107	+	OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION 16-11.8-103 (4);3
	108	+	AND4
	109	+	(f) A REQUIREMENT THAT THE PROSECUTING ATTORNEY WHO5
	110	+	INITIALLY MEETS WITH THE VICTIM AFTER THE CHARGES ARE FILED MAKE6
	111	+	A REASONABLE EFFORT TO REMAIN AS THE PROSECUTING ATTORNEY7
	112	+	THROUGHOUT THE PROCEEDING .8
	113	+	(2) IN A CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL9
	114	+	ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE, AS10
	115	+	DEFINED IN SECTION 18-6-800.3, THE MUNICIPAL COURT SHALL:11
	116	+	(a) ISSUE A PROTECTION ORDER THAT MEETS THE MINIMUM12
	117	+	STANDARDS REQUIRED PURSUANT TO SECTION 18-1-1001 (3) AND13
	118	+	18-1-1001 (5), TO THE EXTENT CONSISTENT WITH THE JURISDICTION OF14
	119	+	THE MUNICIPAL COURT;15
	120	+	(b) REPORT OR CAUSE TO BE REPORTED THE ALLEGED VIOLATION16
	121	+	TO THE COLORADO BUREAU OF INVESTIGATION CREATED IN SECTION17
	122	+	24-33.5-401, AND ENTER THE INFORMATION INTO THE COLORADO CRIME18
	123	+	INFORMATION CENTER DATABASE AND THE NATIONAL CRIME19
	124	+	INFORMATION CENTER DATABASE ; AND20
	125	+	(c) SEARCH THE COLORADO BUREAU OF INVESTIGATION CREATED21
	126	+	IN SECTION 24-33.5-401, THE COLORADO CRIME INFORMATION CENTER22
	127	+	DATABASE, AND THE NATIONAL CRIME INFORMATION CENTER SYSTEM23
	128	+	DATABASE TO DETERMINE IF THE RESPONDENT HAS A HISTORY OF24
	129	+	DOMESTIC VIOLENCE.25
	130	+	(3) ANY CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL26
	131	+	ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE, AS27
	132	+	1222
	133	+	-4- DEFINED IN SECTION 18-6-800.3, IS A MISDEMEANOR FOR PURPOSES OF1
	134	+	COMPLYING WITH 18 U.S.C. SEC. 921.2
	135	+	(4) ANY AFFECTED PERSON MAY ENFORCE COMPLIANCE WITH THIS3
	136	+	SECTION BY NOTIFYING THE CRIME VICTIM SERVICES ADVISORY BOARD4
	137	+	CREATED IN SECTION 24-4.1-117.3 (1) OF ANY NONCOMPLIANCE WITH THIS5
	138	+	SECTION. THE CRIME VICTIM SERVICES ADVISORY BOARD SHALL REVIEW6
	139	+	ANY REPORT OF NONCOMPLIANCE, AND, IF THE BOARD DETERMINES THAT7
	140	+	THE REPORT OF NONCOMPLIANCE HAS A BASIS IN FACT AND CANNOT BE8
	141	+	RESOLVED, THE BOARD SHALL REFER THE REPORT OF NONCOMPLIANCE TO9
	142	+	THE GOVERNOR, WHO SHALL REQUEST THAT THE ATTORNEY GENERAL FILE10
	143	+	SUIT TO ENFORCE COMPLIANCE WITH THIS SECTION. A PERSON,11
	144	+	CORPORATION, OR OTHER LEGAL ENTITY IS NOT ENTITLED TO CLAIM OR TO12
	145	+	RECEIVE ANY DAMAGES OR OTHER FINANCIAL REDRESS FOR ANY FAILURE13
	146	+	TO COMPLY WITH THIS SECTION.14
	147	+	(5) (a) BEGINNING JANUARY 2025 AND EACH YEAR UNTIL15
	148	+	JANUARY 2029, THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO16
	149	+	THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE17
	150	+	JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, DURING THE18
	151	+	DEPARTMENT'S "SMART ACT" HEARING THE TOTAL NUMBER OF REPORTS19
	152	+	AND INQUIRIES SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION ,20
	153	+	THE COLORADO CRIME INFORMATION CENTER DATABASE , AND THE21
	154	+	NATIONAL CRIME INFORMATION CENTER DATABASE PURSUANT TO22
	155	+	SUBSECTIONS (2)(b) AND (2)(c) OF THIS SECTION, AGGREGATED BY23
	156	+	MUNICIPALITY.24
	157	+	(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2029.25
	158	+	SECTION 3. In Colorado Revised Statutes, 24-4.1-117.3, add26
	159	+	(3)(f) as follows:27
	160	+	1222
	161	+	-5- 24-4.1-117.3. Crime victim services advisory board - creation1
	162	+	- duties. (3) The advisory board's powers and duties shall include, but2
	163	+	need not be IS NOT limited to, the following:3
	164	+	(f) TO REVIEW ANY REPORTS OF NONCOMPLIANCE WITH SECTION4
	165	+	13-10-104.5;5
	166	+	SECTION 4. Act subject to petition - effective date -6
	167	+	applicability. (1) This act takes effect January 1, 2024; except that, if a7
	168	+	referendum petition is filed pursuant to section 1 (3) of article V of the8
	169	+	state constitution against this act or an item, section, or part of this act9
	170	+	within the ninety-day period after final adjournment of the general10
	171	+	assembly, then the act, item, section, or part will not take effect unless11
	172	+	approved by the people at the general election to be held in November12
	173	+	2024 and, in such case, will take effect on the date of the official13
	174	+	declaration of the vote thereon by the governor.14
	175	+	(2) This act applies to domestic violence offenses committed on15
	176	+	or after the applicable effective date of this act.16
	177	+	1222
	178	+	-6-