HOUSE BILL 23-1222
BY REPRESENTATIVE(S) Duran and Weissman, Amabile, Bacon,
Boesenecker, Brown, deGruy Kennedy, Froelich, Hamrick, Joseph, Lieder,
Lindsay, Lindstedt, Lynch, Mabrey, Marshall, Martinez, McLachlan,
Michaelson Jenet, Parenti, Pugliese, Sharbini, Soper, Story, Titone,
Velasco, Willford, Woodrow, Young, McCluskie;
also SENATOR(S) Roberts and Winter F., Buckner, Coleman, Cutter,
Danielson, Exum, Fields, Ginal, Hansen, Jaquez Lewis, Marchman,
Moreno, Mullica, Priola, Sullivan, Van Winkle.
C
ONCERNING THE JURISDICTION OF MUNICIPAL COURTS TO HEAR DOMESTIC
VIOLENCE OFFENSES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 13-10-103 as
follows:
13-10-103. Applicability. This article 10 applies to and governs the
operation of municipal courts in the cities and towns of this state. Except for
the provisions relating to the method of salary payment for municipal
judges, the incarceration of children pursuant to sections 19-2.5-305 and
19-2.5-1511, the appearance of the parent, guardian, or lawful custodian of
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. any child under eighteen years of age who is charged with a municipal
offense as required by section 13-10-111, the right to a trial by jury for petty
offenses pursuant to section 16-10-109, relief from improperly entered
guilty pleas pursuant to section 18-1-410.6,
THE PROSECUTION OF AN
ALLEGED ACT OF DOMESTIC VIOLENCE
, AS DEFINED IN SECTION 18-6-800.3,
rules of procedure promulgated by the supreme court, and appellate
procedure, this article 10 may be superseded by charter or ordinance
enacted by a home rule city.
SECTION 2. In Colorado Revised Statutes, add 13-10-104.5 as
follows:
13-10-104.5. Municipal court - municipal ordinance - act of
domestic violence - report - repeal. (1) I
F A MUNICIPALITY HAS A
MUNICIPAL ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE
,
AS DEFINED IN SECTION 18-6-800.3, THE MUNICIPALITY SHALL ADOPT AN
ORDINANCE ESTABLISHING
:
(a) T
HAT VICTIMS, VICTIMS' FAMILIES, AND WITNESSES OF A
VIOLATION OF AN ACT OF DOMESTIC VIOLENCE RECEIVE PROTECTIONS AND
RIGHTS EQUIVALENT TO THOSE AFFORDED TO VICTIMS
, VICTIMS' FAMILIES,
AND WITNESSES PURSUANT TO THE "VICTIM RIGHTS ACT", PART 3 OF
ARTICLE
4.1 OF TITLE 24, AS IT RELATES TO AN ACT OF DOMESTIC VIOLENCE,
BY ESTABLISHING THAT:
(I) T
HE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY IS
RESPONSIBLE FOR PROVIDING EQUIVALENT RIGHTS AFFORDED TO VICTIMS
PURSUANT TO SECTION
24-4.1-303 (2), (5), (7), (9), (10), AND (14.9);
(II) T
HE CITY ATTORNEY WITHIN THE MUNICIPALITY IS RESPONSIBLE
FOR PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT
TO SECTION
24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9), (11),(12), AND (13);
(III) T
HE MUNICIPAL COURT IS RESPONSIBLE FOR PROVIDING THE
EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT TO SECTION
24-4.1-303 (3.5), (6), (14.4), (14.5), AND (14.7);
(IV) T
HE MUNICIPAL COURT PROBATION OFFICE IS RESPONSIBLE FOR
PROVIDING THE EQUIVALENT RIGHTS AFFORDED TO VICTIMS PURSUANT TO
SECTION
24-4.1-303 (13.5); AND
PAGE 2-HOUSE BILL 23-1222 (V) THE LAW ENFORCEMENT AGENCY WITHIN THE MUNICIPALITY ,
THE CITY ATTORNEY WITHIN THE MUNICIPALITY, THE MUNICIPAL COURT, AND
THE MUNICIPAL COURT PROBATION OFFICE ARE RESPONSIBLE FOR ENSURING
VICTIMS ARE AFFORDED EQUIVALENT RIGHTS TO THOSE DESCRIBED IN
SECTION
24-4.1-302.5.
(b) S
ENTENCING FOR VIOLATIONS THAT ARE EQUIVALENT TO THE
DOMESTIC VIOLENCE SENTENCES DESCRIBED IN SECTION
18-6-801 (1), (3),
(4),
(5), (6), AND (8), TO THE EXTENT CONSISTENT WITH THE JURISDICTION OF
THE MUNICIPAL COURT
;
(c) C
ONDITIONS OF PROBATION THAT THE COURT MAY IMPOSE
CONSISTENT WITH THE CONDITIONS DESCRIBED IN SECTION
18-1.3-204 (2);
(d) C
ONDITIONS OF RELEASE ON BOND THAT ARE CONSISTENT WITH
THE CONDITIONS DESCRIBED IN SECTION
16-4-105 (4) AND (4.1);
(e) G
UIDELINES AND STANDARDS THAT ARE CONSISTENT WITH THE
GUIDELINES AND STANDARDS ADOPTED BY THE DOMESTIC VIOLENCE
OFFENDER MANAGEMENT BOARD PURSUANT TO SECTION
16-11.8-103 (4);
AND
(f) A REQUIREMENT THAT THE PROSECUTING ATTORNEY WHO
INITIALLY MEETS WITH THE VICTIM AFTER THE CHARGES ARE FILED MAKE A
REASONABLE EFFORT TO REMAIN AS THE PROSECUTING ATTORNEY
THROUGHOUT THE PROCEEDING
.
(2) I
N A CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL
ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE
, AS
DEFINED IN SECTION
18-6-800.3, THE MUNICIPAL COURT SHALL:
(a) I
SSUE A PROTECTION ORDER THAT MEETS THE MINIMUM
STANDARDS REQUIRED PURS UANT TO SECTION
18-1-1001 (3) AND 18-1-1001
(5),
TO THE EXTENT CONSISTENT WITH THE JURISDICTION OF THE MUNICIPAL
COURT
;
(b) R
EPORT OR CAUSE TO BE REPORTED THE ALLEGED VIOLATION TO
THE
COLORADO BUREAU OF INVESTIGATION CREATED IN SECTION
24-33.5-401, AND ENTER THE INFORMATION INTO THE COLORADO CRIME
INFORMATION CENTER DATABASE AND THE NATIONAL CRIME INFORMATION
PAGE 3-HOUSE BILL 23-1222 CENTER DATABASE; AND
(c) SEARCH THE COLORADO BUREAU OF INVESTIGATION CREATED IN
SECTION
24-33.5-401, THE COLORADO CRIME INFORMATION CENTER
DATABASE
, AND THE NATIONAL CRIME INFORMATION CENTER SYSTEM
DATABASE TO DETERMINE IF THE RESP ONDENT HAS A HISTORY OF DOMESTIC
VIOLENCE
.
(3) A
NY CASE INVOLVING AN ALLEGED VIOLATION OF A MUNICIPAL
ORDINANCE THAT CRIMINALIZES AN ACT OF DOMESTIC VIOLENCE
, AS
DEFINED IN SECTION
18-6-800.3, IS A MISDEMEANOR FOR PURPOSES OF
COMPLYING WITH
18 U.S.C. SEC. 921.
(4) A
NY AFFECTED PERSON MAY ENFORCE COMPLIANCE WITH THIS
SECTION BY NOTIFYING THE CRIME VICTIM SERVICES ADVISORY BOARD
CREATED IN SECTION
24-4.1-117.3 (1) OF ANY NONCOMPLIANCE WITH THIS
SECTION
. THE CRIME VICTIM SERVICES ADVISORY BOARD SHALL REVIEW ANY
REPORT OF NONCOMPLIANCE
, AND, IF THE BOARD DETERMINES THAT THE
REPORT OF NONCOMPLIANCE HAS A BASIS IN FACT AND CANNOT BE
RESOLVED
, THE BOARD SHALL REFER THE REPORT OF NONCOMPLIANCE TO
THE GOVERNOR
, WHO SHALL REQUEST THAT THE ATTORNEY GENERAL FILE
SUIT TO ENFORCE COMPLIANCE WITH THIS SECTION
. A PERSON,
CORPORATION, OR OTHER LEGAL ENTITY IS NOT ENTITLED TO CLAIM OR TO
RECEIVE ANY DAMAGES OR OTHER FINANCIAL REDRESS FOR ANY FAILURE TO
COMPLY WITH THIS SECTION
.
(5) (a) B
EGINNING JANUARY 2025 AND EACH YEAR UNTIL JANUARY
2029, THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE HOUSE OF
REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES, DURING THE DEPARTMENT'S
"SMART ACT" HEARING THE TOTAL NUMBER OF REPORTS AND INQUIRIES
SUBMITTED TO THE
COLORADO BUREAU OF INVESTIGATION , THE COLORADO
CRIME INFORMATION CENTER DATABASE
, AND THE NATIONAL CRIME
INFORMATION CENTER DATABASE PURSUANT TO SUBSECTIONS
(2)(b) AND
(2)(c) OF THIS SECTION, AGGREGATED BY MUNICIPALITY .
(b) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2029.
SECTION 3. In Colorado Revised Statutes, 24-4.1-117.3, amend
(3) introductory portion; and add (3)(f) as follows:
PAGE 4-HOUSE BILL 23-1222 24-4.1-117.3. Crime victim services advisory board - creation -
duties. (3) The advisory board's powers and duties shall include, but need
not be ARE NOT limited to, the following:
(f) T
O REVIEW ANY REPORTS OF NONCOMPLIANCE WITH SECTION
13-10-104.5;
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2024; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2024 and, in such case, will
take effect on the date of the official declaration of the vote thereon by the
governor.
PAGE 5-HOUSE BILL 23-1222 (2) This act applies to domestic violence offenses committed on or
after the applicable effective date of this act.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 23-1222