SENATE BILL 23-170
BY SENATOR(S) Sullivan and Fenberg, Fields, Jaquez Lewis, Kolker,
Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Ginal, Gonzales,
Hansen, Hinrichsen, Marchman, Moreno, Mullica, Rodriguez, Winter F.,
Zenzinger;
also REPRESENTATIVE(S) Bacon and Weissman, Boesenecker, Duran,
Froelich, Garcia, Jodeh, Joseph, Kipp, Parenti, Vigil, Woodrow, Amabile,
Bird, Brown, Daugherty, deGruy Kennedy, Dickson, English, Epps,
Gonzales-Gutierrez, Hamrick, Herod, Lindsay, Lindstedt, Mabrey,
McCormick, Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Snyder,
Story, Titone, Velasco, Willford, McCluskie.
C
ONCERNING EXTREME RISK PROTECTION ORDERS , AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, article 14.5 of title 13 as follows:
ARTICLE 14.5
Extreme Risk Protection Orders
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. 13-14.5-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 14.5 IS
THE
"DEPUTY ZACKARI PARRISH III VIOLENCE PREVENTION ACT".
13-14.5-102. Definitions. A
S USED IN THIS ARTICLE 14.5, UNLESS
THE CONTEXT OTHERWISE CLEARLY REQUIRES
:
(1) "C
OMMUNITY MEMBER " MEANS A LICENSED HEALTH - CARE
PROFESSIONAL OR MENTAL HEALTH PROFESSI ONAL WHO
, THROUGH A DIRECT
PROFESSIONAL RELATIONSHIP
, PROVIDED CARE TO THE RESPONDENT OR THE
RESPONDENT
'S CHILD WITHIN SIX MONTHS BEFORE REQUESTING THE
PROTECTION ORDER OR AN EDUCATOR WHO
, THROUGH A DIRECT
PROFESSIONAL RELATIONSHIP
, INTERACTED WITH THE RESPONDENT OR THE
RESPONDENT
'S CHILD WITHIN SIX MONTHS BEFORE REQUESTING THE
PROTECTION ORDER
.
(2) "E
DUCATOR" MEANS A TEACHER EMPLOYED TO INSTRUCT
STUDENTS OR A SCHOOL ADMINISTRATOR IN A SCHOOL DISTRICT
, PRIVATE
SCHOOL
, CHARTER SCHOOL INSTITUTE, OR AN INDIVIDUAL CHARTER SCHOOL;
OR A FACULTY MEMBER AT AN INSTITUTION OF HIGHER EDUCATION .
(3) "E
XTREME RISK PROTECTION ORDER " MEANS EITHER A
TEMPORARY ORDER OR A CONTINUING ORDER GRANTED PURSUANT TO THIS
ARTICLE
14.5.
(4) "F
ACULTY MEMBER" MEANS A PRESIDENT, DEAN, PROFESSOR,
ADMINISTRATOR, INSTRUCTOR, OR RESEARCH WORKER AT AN INSTITUTION
OF HIGHER EDUCATION
.
(5) "F
AMILY OR HOUSEHOLD MEMBER " MEANS, WITH RESPECT TO A
RESPONDENT
, ANY:
(a) P
ERSON RELATED BY BLOOD , MARRIAGE, OR ADOPTION TO THE
RESPONDENT
;
(b) P
ERSON WHO HAS A CHILD IN COMMON WITH THE RESPONDENT ,
REGARDLESS OF WHETHER SUCH PERSON HAS BEEN MARRIED TO THE
RESPONDENT OR HAS LIVED TOGETHER WITH THE RESPONDENT AT ANY TIME
;
(c) P
ERSON WHO REGULARLY RESIDES OR REGULARLY RESIDED WITH
THE RESPONDENT WITHIN THE LAST SIX MONTHS
;
PAGE 2-SENATE BILL 23-170 (d) DOMESTIC PARTNER OF THE RESPONDENT ;
(e) P
ERSON WHO HAS A BIOLOGICAL OR LEGAL PARENT -CHILD
RELATIONSHIP WITH THE RESPONDENT
, INCLUDING STEPPARENTS AND
STEPCHILDREN AND GRANDPARENTS AND GRANDCHILDREN
;
(f) P
ERSON WHO IS ACTING OR HAS ACTED AS THE RESPONDENT 'S
LEGAL GUARDIAN
; AND
(g) PERSON IN ANY OTHER RELATIONSHIP DESCRIBED IN SECTION
18-6-800.3 (2) WITH THE RESPONDENT.
(6) "F
IREARM" HAS THE SAME MEANING AS IN SECTION 18-1-901
(3)(h).
(7) "L
AW ENFORCEMENT OFFICER" MEANS A PEACE OFFICER THAT IS:
(a) E
MPLOYED BY A POLITICAL SUBDIVISION OF THE STATE AND
CERTIFIED BY THE
P.O.S.T BOARD PURSUANT TO SECTION 16-2.5-102;
(b) A
UTHORIZED BY SECTION 16-2.5-113 WHEN ASSISTANCE IS
REQUESTED BY AN INDIVIDUAL OR ENTITY PURSUANT TO SECTION
24-33.5-412;
(c) A
UTHORIZED BY SECTION 16-2.5-114 AND WHO INTERACTED
WITH THE RESPONDENT IN THE SCOPE OF THE LAW ENFORCEMENT OFFICER
'S
OFFICIAL DUTIES
;
(d) E
MPLOYED BY A DISTRICT ATTORNEY , DESIGNATED BY A
DISTRICT ATTORNEY
, AND AUTHORIZED BY SECTION 16-2.5-132 OR
16-2.5-133;
(e) E
MPLOYED BY THE DEPARTMENT OF LAW , DESIGNATED BY THE
ATTORNEY GENERAL
, AND AUTHORIZED BY SECTION 16-2.5-128, 16-2.5-129,
OR 16-2.5-130;
(f) A
UTHORIZED BY SECTION 16-2.5-136, 16-2.5-137, OR 16-2.5-138;
(g) A
UTHORIZED BY SECTION 16-2.5-120; OR
PAGE 3-SENATE BILL 23-170 (h) AUTHORIZED BY SECTION 16-2.5-149.
(8) "L
ICENSED HEALTH-CARE PROFESSIONAL" MEANS A SCHOOL
NURSE WHO HOLDS A CURRENT NURSING LICENSE THROUGH THE
DEPARTMENT OF REGULATORY AGENCIES AND WHO HAS APPLIED FOR OR
HOLDS A SPECIAL SERVICES LICENSE FROM THE DEPARTMENT OF EDUCATION
PURSUANT TO ARTICLE
60.5 OF TITLE 22 OR A PHYSICIAN, PHYSICIAN
ASSISTANT
, OR ADVANCED PRACTICE REGISTERED NURSE WHO IS A PRIMARY
PROVIDER OF HEALTH SERVICES TO A RESPONDENT
; A PSYCHIATRIST; OR A
LICENSED EMERGENCY ROOM MEDICAL CARE PROVIDER
, LICENSED PURSUANT
TO TITLE
12.
(9)
"MENTAL HEALTH PROFESSIONAL " MEANS A PSYCHOLOGIST ,
LICENSED PROFESSIONAL SOCIAL WORKER , MARRIAGE AND FAMILY
THERAPIST
, LICENSED PROFESSIONAL COUNSELOR , OR ADDICTION
COUNSELOR LICENSED
, REGISTERED, OR CERTIFIED PURSUANT TO ARTICLE
245 OF TITLE 12; A PSYCHOLOGIST CANDIDATE, CLINICAL SOCIAL WORKER
CANDIDATE
, MARRIAGE AND FAMILY THERAPIST CANDIDATE , LICENSED
PROFESSIONAL COUNSELOR CANDIDATE
, OR ADDICTION COUNSELOR
CANDIDATE REGISTERED PURS UANT TO SECTION
12-245-304 (3), 12-245-404
(4),
12-245-504 (4), 12-245-604 (4), OR 12-245-804 (3.7), RESPECTIVELY; A
SCHOOL COUNSELOR WHO HOLDS A SPECIAL SERVICES PROVIDER LICENSE
WITH A SCHOOL COUNSELOR ENDORSEMENT ISSUED PURSUANT TO ARTICLE
60.5 OF TITLE 22 OR WHO IS OTHERWISE ENDORSED OR ACCREDITED BY A
NATIONAL ASSOCIATION TO PROVIDE SCHOOL COUNSELING SERVICES
;
SCHOOL PSYCHOLOGIST LICENSED PURSUANT TO SECTION 22-60.5-210;
SCHOOL SOCIAL WORKER WHO HAS OBTAINED THE SPECIAL SERVICES
LICENSE WITH SOCIAL WORK ENDORSEMENT ISSUED PURSUANT TO ARTICLE
60.5 OF TITLE 22; OR AN UNLICENSED PSYCHOTHERAPIST REGISTERED
PURSUANT TO SECTION
12-245-703.
(10) "P
ETITIONER" MEANS THE PERSON WHO PETITIONS FOR AN
EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE
14.5.
(11) "R
ESPONDENT" MEANS THE PERSON WHO IS IDENTIFIED AS THE
RESPONDENT IN A PETITION FILED PURSUANT TO THIS ARTICLE
14.5.
13-14.5-103. Temporary extreme risk protection orders.
(1) (a) A
FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A
COMMUNITY MEMBER
, OR A LAW ENFORCEMENT OFFICER OR AGENCY MAY
PAGE 4-SENATE BILL 23-170 REQUEST A TEMPORARY EXTREME RISK PROTECTION ORDER WITHOUT NOTICE
TO THE RESPONDENT BY INCLUDING IN THE PETITION FOR THE EXTREME RISK
PROTECTION ORDER AN AFFIDAVIT
, SIGNED UNDER OATH AND PENALTY OF
PERJURY
, SUPPORTING THE ISSUANCE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER THAT SETS FORTH THE FACTS TENDING TO ESTABLISH
THE GROUNDS OF THE PETITION OR THE REASON FOR BELIEVING THEY EXIST
AND
, IF THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER OR
COMMUNITY MEMBER
, ATTESTING THAT THE PETITIONER IS A FAMILY OR
HOUSEHOLD MEMBER OR COMMUNITY MEMBER
. THE PETITION MUST COMPLY
WITH THE REQUIREMENTS OF SECTION
13-14.5-104 (3). IF THE PETITIONER IS
A LAW ENFORCEMENT OFFICER OR LAW ENFORCEMENT AGENCY
, THE LAW
ENFORCEMENT OFFICER OR LAW ENFORCEMENT AGENCY SHALL
CONCURRENTLY FILE A SWORN AFFIDAVIT FOR A SEARCH WARRANT
PURSUANT TO SECTION
16-3-301.5 TO SEARCH FOR ANY FIREARMS IN THE
POSSESSION OR CONTROL OF THE RESPONDENT AT A LOCATION OR
LOCATIONS TO BE NAMED IN THE WARRANT
. IF A PETITION FILED PURSUANT
TO SECTION
27-65-106 IS ALSO FILED AGAINST THE RESPONDENT, A COURT
OF COMPETENT JURISDICTION MAY HEAR THAT PETITION AT THE SAME TIME
AS THE HEARING FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR
THE HEARING FOR A CONTINUING EXTREME RISK PROTECTION ORDER
.
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL HEALTH
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR A TEMPORARY EXTREME
RISK PROTECTION ORDER
, UPON FILING THE PETITION FOR A TEMPORARY
EXTREME RISK PROTECTION ORDER
, IS AUTHORIZED TO DISCLOSE PROTECTED
HEALTH INFORMATION
, OF THE RESPONDENT AS NECESSARY FOR THE FULL
INVESTIGATION AND DISPOSITION OF THE REQUEST FOR A TEMPORARY
EXTREME RISK PROTECTION ORDER
. WHEN DISCLOSING PROTECTED HEALTH
INFORMATION
, THE LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL
HEALTH PROFESSIONAL SHALL MAKE REASONABLE EFFORTS TO LIMIT
PROTECTED HEALTH INFORMATION TO THE MINIMUM NECESSARY TO
ACCOMPLISH THE FILING OF THE PETITION
. UPON RECEIPT OF A PETITION BY
A LICENSED HEALTH
-CARE PROFESSIONAL OR MENTAL HEALTH
PROFESSIONAL
, AND FOR GOOD CAUSE SHOWN , THE COURT MAY ISSUE
ORDERS TO OBTAIN ANY RECORDS OR DOCUMENTS RELATING TO DIAGNOSIS
,
PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS, OF THE RESPONDENT
AS NECESSARY FOR THE FULL INVESTIGATION AND DISPOSITION OF THE
PETITION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER
. WHEN
PROTECTED HEALTH INFORMATION IS DISCLOSED OR WHEN THE COURT
PAGE 5-SENATE BILL 23-170 RECEIVES ANY RECORDS OR DOCUMENTS RELATED TO DIAGNOSIS ,
PROGNOSIS, OR TREATMENT OR CLINICAL RECORDS , THE COURT SHALL
ORDER THAT THE PARTIES ARE PROHIBITED FROM USING OR DISCLOSING THE
PROTECTED HEALTH INFORMATION FOR ANY PURPOSE OTHER THAN THE
PROCEEDINGS FOR A PETITION FOR A TEMPORARY EXTREME RISK PROTECTION
ORDER AND SHALL ORDER THE RETURN TO THE COVERED ENTITY OR
DESTROY THE PROTECTED HEALTH INFORMATION
, INCLUDING ALL COPIES
MADE
, AT THE END OF THE LITIGATION OR PROCEEDING. THE COURT SHALL
SEAL ALL RECORDS AND OTHER HEALTH INFORMATION RECEIVED THAT
CONTAIN PROTECTED HEALTH INFORMATION
. THE DECISION OF A LICENSED
HEALTH
-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL TO
DISCLOSE OR NOT TO DISCLOSE RECORDS OR DOCUMENTS RELATING TO THE
DIAGNOSIS
, PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS OF A
RESPONDENT
, WHEN MADE REASONABLY AND IN GOOD FAITH , SHALL NOT BE
THE BASIS FOR ANY CIVIL
, ADMINISTRATIVE, OR CRIMINAL LIABILITY WITH
RESPECT TO THE LICENSED HEALTH
-CARE PROFESSIONAL OR LICENSED
MENTAL HEALTH PROFESSIONAL
.
(c) (I) V
ENUE FOR FILING A PETITION PURSUANT TO THIS SECTION IF
THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER IS PROPER IN ANY
COUNTY WHERE THE ACTS THAT ARE THE SUBJECT OF THE PETITION OCCUR
,
IN ANY COUNTY WHERE ONE OF THE PARTIES RESIDES , OR IN ANY COUNTY
WHERE ONE OF THE PARTIES IS EMPLOYED
. THIS REQUIREMENT FOR VENUE
DOES NOT PROHIBIT THE CHANGE OF VENUE TO ANY OTHER COUNTY
APPROPRIATE UNDER APPLICABLE LAW
.
(II) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER BY A
PETITIONER WHO IS NOT A FAMILY OR HOUSEHOLD MEMBER MUST BE FILED
IN THE COUNTY WHERE THE RESPONDENT RESIDES
.
(2) I
N CONSIDERING WHETHER TO ISSUE A TEMPORARY EXTREME RISK
PROTECTION ORDER PURSUANT TO THIS SECTION
, THE COURT SHALL
CONSIDER ALL RELEVANT EVIDENCE
, INCLUDING THE EVIDENCE DESCRIBED
IN SECTION
13-14.5-105 (3).
(3) I
F A COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT ,
BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION 13-14.5-105
(3),
THE RESPONDENT POSES A SIGNIFICANT RISK OF CAUSING PERSONAL
INJURY TO SELF OR OTHERS IN THE NEAR FUTURE BY HAVING IN THE
RESPONDENT
'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,
PAGE 6-SENATE BILL 23-170 POSSESSING, OR RECEIVING A FIREARM , THE COURT SHALL ISSUE A
TEMPORARY EXTREME RISK PROTECTION ORDER
.
(4) T
HE COURT SHALL HOLD A TEMPORARY EXTREME RISK
PROTECTION ORDER HEARING IN PERSON OR BY TELEPHONE ON THE DAY THE
PETITION IS FILED OR ON THE COURT DAY IMMEDIATELY FOLLOWING THE DAY
THE PETITION IS FILED
. THE COURT MAY SCHEDULE A HEARING BY
TELEPHONE PURS UANT TO LOCAL COURT RULE TO REAS ONABLY
ACCOMMODATE A DISABILITY OR
, IN EXCEPTIONAL CIRCUMSTANCES , TO
PROTECT A PETITIONER FROM POTENTIAL HARM
. THE COURT SHALL REQUIRE
ASSURANCES OF THE PETITIONER
'S IDENTITY BEFORE CONDUCTING A
TELEPHONIC HEARING
. A COPY OF THE TELEPHONE HEARING MUST BE
PROVIDED TO THE RESPONDENT PRIOR TO THE HEARING FOR AN EXTREME
RISK PROTECTION ORDER
.
(5) (a) I
N ACCORDANCE WITH SECTION 13-14.5-105 (1), THE COURT
SHALL SCHEDULE A HEARING WITHIN FOURTEEN DAYS AFTER THE ISSUANCE
OF A TEMPORARY EXTREME RISK PROTECTION ORDER TO DETERMINE IF A
THREE
-HUNDRED-SIXTY-FOUR-DAY EXTREME RISK PROTECTION ORDER
SHOULD BE ISSUED PURSUANT TO THIS ARTICLE
14.5. NOTICE OF THAT
HEARING DATE MUST BE INCLUDED WITH THE TEMPORARY EXTREME RISK
PROTECTION ORDER THAT IS SERVED ON THE RESPONDENT
. THE COURT
SHALL PROVIDE NOTICE OF THE HEARING DATE TO THE PETITIONER
.
(b) A
NY TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED
EXPIRES ON THE DATE AND TIME OF THE HEARING ON THE EXTREME RISK
PROTECTION ORDER PETITION OR THE WITHDRAWAL OF THE PETITION
.
(6) A
TEMPORARY EXTREME RISK PROTECTION ORDER MUST
INCLUDE
:
(a) A
STATEMENT OF THE GROUNDS ASSERTED FOR THE ORDER ;
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;
(c) T
HE DATE AND TIME THE ORDER EXPIRES ;
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE
PLEADING SHOULD BE FILED
;
PAGE 7-SENATE BILL 23-170 (e) THE DATE AND TIME OF THE SCHEDULED HEARING ;
(f) T
HE REQUIREMENTS FOR SURRENDER OF FIREARMS PURSUANT TO
SECTION
13-14.5-108; AND
(g) THE FOLLOWING STATEMENT :
T
O THE SUBJECT OF THIS TEMPORARY EXTREME RISK
PROTECTION ORDER
: THIS ORDER IS VALID UNTIL THE DATE
AND TIME NOTED ABOVE
. YOU MAY NOT HAVE IN YOUR
CUSTODY OR CONTROL A FIREARM OR PURCHASE
, POSSESS,
RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM
WHILE THIS ORDER IS IN EFFECT
. YOU MUST IMMEDIATELY
SURRENDER TO THE
(INSERT NAME OF LAW ENFORCEMENT
AGENCY IN THE JURISDICTION WHERE THE RESPONDENT
RESIDES
) ALL FIREARMS IN YOUR CUSTODY OR POSSESSION ,
AND ANY CONCEALED CARRY PERMIT ISSUED TO YOU . A
HEARING WILL BE HELD ON THE DATE AND AT THE TIME NOTED
ABOVE TO DETERMINE IF AN EXTREME RISK PROTECTION
ORDER SHOULD BE ISSUED
. FAILURE TO APPEAR AT THAT
HEARING MAY RESULT IN A COURT ENTERING AN ORDER
AGAINST YOU THAT IS VALID FOR THREE HUNDRED SIXTY FOUR
DAYS
. AN ATTORNEY WILL BE APPOINTED TO REPRESENT YOU ,
OR YOU MAY SEEK THE ADVICE OF YOUR OWN ATTORNEY AT
YOUR OWN EXPENSE AS TO ANY MATTER CONNECTED WITH
THIS ORDER
.
(7) A
LAW ENFORCEMENT OFFICER SHALL SERVE A TEMPORARY
EXTREME RISK PROTECTION ORDER CONCURRENTLY WITH THE NOTICE OF
HEARING AND PETITION AND A NOTICE THAT INCLUDES REFERRALS TO
APPROPRIATE RESOURCES
, INCLUDING DOMESTIC VIOLENCE , BEHAVIORAL
HEALTH
, AND COUNSELING RESOURCES, IN THE SAME MANNER AS PROVIDED
FOR IN SECTION
13-14.5-105 FOR SERVICE OF THE NOTICE OF HEARING
WHERE THE RESPONDENT RESIDES
.
(8) (a) I
F THE COURT ISSUES A TEMPORARY EXTREME RISK
PROTECTION ORDER
, THE COURT SHALL STATE THE PARTICULAR REASONS
FOR THE COURT
'S ISSUANCE.
(b) I
F THE COURT DECLINES TO ISSUE A TEMPORARY EXTREME RISK
PAGE 8-SENATE BILL 23-170 PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS
FOR THE COURT
'S DENIAL.
13-14.5-104. Petition for extreme risk protection order. (1) (a) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER MAY BE FILED BY A
FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT
, A COMMUNITY
MEMBER
, OR A LAW ENFORCEMENT OFFICER OR AGENCY . IF THE PETITION IS
FILED BY A LAW ENFORCEMENT OFFICER OR AGENCY
, A COUNTY OR CITY
ATTORNEY SHALL REPRESENT THE OFFICER OR AGENCY IN ANY JUDICIAL
PROCEEDING UPON REQUEST
. IF THE PETITION IS FILED BY A FAMILY OR
HOUSEHOLD MEMBER OR COMMUNITY MEMBER
, THE PETITIONER, TO THE
BEST OF THE PETITIONER
'S ABILITY, SHALL NOTIFY THE LAW ENFORCEMENT
AGENCY IN THE JURISDICTION WHERE THE RESPONDENT RESIDES OF THE
PETITION AND THE HEARING DATE WITH ENOUGH ADVANCE NOTICE TO
ALLOW FOR PARTICIPATION OR ATTENDANCE
. UPON THE FILING OF A
PETITION
, THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE
RESPONDENT
, AND THE COURT SHALL INCLUDE THE APPOINTMENT IN THE
NOTICE OF HEARING PROVIDED TO THE RESPONDENT PURSUANT TO SECTION
13-14.5-105 (1)(a). THE RESPONDENT MAY REPLACE THE ATTORNEY WITH
AN ATTORNEY OF THE RESPONDENT
'S OWN SELECTION AT ANY TIME AT THE
RESPONDENT
'S OWN EXPENSE. THE COURT SHALL PAY THE ATTORNEY FEES
FOR AN ATTORNEY APPOINTED FOR THE RESPONDENT
.
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL HEALTH
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR AN EXTREME RISK
PROTECTION ORDER
, UPON FILING THE PETITION FOR AN EXTREME RISK
PROTECTION ORDER
, IS AUTHORIZED TO DISCLOSE PROTECTED HEALTH
INFORMATION
, OF THE RESPONDENT AS NECESSARY FOR THE FULL
INVESTIGATION AND DISPOSITION OF THE PETITION FOR AN EXTREME RISK
PROTECTION ORDER
. WHEN DISCLOSING PROTECTED HEALTH INFORMATION ,
THE LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL HEALTH
PROFESSIONAL SHALL MAKE REASONABLE EFFORTS TO LIMIT PROTECTED
HEALTH INFORMATION TO THE MINIMUM NECESSARY TO ACCOMPLISH THE
FILING OF THE REQUEST
. UPON RECEIPT OF A PETITION BY A LICENSED
HEALTH
-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL AND FOR
GOOD CAUSE SHOWN
, THE COURT MAY ISSUE ORDERS TO OBTAIN ANY
RECORDS OR DOCUMENTS RELATING TO DIAGNOSIS
, PROGNOSIS, OR
TREATMENT
, AND CLINICAL RECORDS, OF THE RESPONDENT AS NECESSARY
FOR THE FULL INVESTIGATION AND DISPOSITION OF THE PETITION FOR AN
PAGE 9-SENATE BILL 23-170 EXTREME RISK PROTECTION ORDER . WHEN PROTECTED HEALTH
INFORMATION IS DISCLOSED OR WHEN THE COURT RECEIVES ANY RECORDS
OR DOCUMENTS RELATED TO DIAGNOSIS
, PROGNOSIS, OR TREATMENT OR
CLINICAL RECORDS
, THE COURT SHALL ORDER THAT THE PARTIES ARE
PROHIBITED FROM USING OR DISCLOSING THE PROTECTED HEALTH
INFORMATION FOR ANY PURPOSE OTHER THAN THE PROCEEDINGS FOR A
PETITION FOR AN EXTREME RISK PROTECTION ORDER AND SHALL ORDER THE
RETURN TO THE COVERED ENTITY OR DESTROY THE PROTECTED HEALTH
INFORMATION
, INCLUDING ALL COPIES MADE, AT THE END OF THE LITIGATION
OR PROCEEDING
. THE COURT SHALL SEAL ALL RECORDS AND OTHER HEALTH
INFORMATION RECEIVED THAT CONTAIN PROTECTED HEALTH INFORMATION
.
T
HE DECISION OF A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL
HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE RECORDS OR
DOCUMENTS RELATING TO THE DIAGNOSIS
, PROGNOSIS, OR TREATMENT, AND
CLINICAL RECORDS OF A RESPONDENT
, WHEN MADE REASONABLY AND IN
GOOD FAITH
, MUST NOT BE THE BASIS FOR ANY CIVIL, ADMINISTRATIVE, OR
CRIMINAL LIABILITY WITH RESPECT TO THE LICENSED HEALTH
-CARE
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL
.
(2) (a) V
ENUE FOR FILING A PETITION PURSUANT TO THIS SECTION IF
THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER IS PROPER IN ANY
COUNTY WHERE THE ACTS THAT ARE THE SUBJECT OF THE PETITION OCCUR
,
IN ANY COUNTY WHERE ONE OF THE PARTIES RESIDES , OR IN ANY COUNTY
WHERE ONE OF THE PARTIES IS EMPLOYED
. THIS REQUIREMENT FOR VENUE
DOES NOT PROHIBIT THE CHANGE OF VENUE TO ANY OTHER COUNTY
APPROPRIATE UNDER APPLICABLE LAW
.
(b) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER BY A
PETITIONER WHO IS NOT A FAMILY OR HOUSEHOLD MEMBER MUST BE FILED
IN THE COUNTY WHERE THE RESPONDENT RESIDES
.
(3) A
PETITION MUST:
(a) A
LLEGE THAT THE RESPONDENT POSES A SIGNIFICANT RISK OF
CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN THE
RESPONDENT
'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,
POSSESSING, OR RECEIVING A FIREARM AND MUST BE ACCOMPANIED BY AN
AFFIDAVIT
, SIGNED UNDER OATH AND PENALTY OF PERJURY , STATING THE
SPECIFIC STATEMENTS
, ACTIONS, OR FACTS THAT GIVE RISE TO A
REASONABLE FEAR OF FUTURE DANGEROUS ACTS BY THE RESPONDENT
;
PAGE 10-SENATE BILL 23-170 (b) IDENTIFY THE NUMBER , TYPES, AND LOCATIONS OF ANY
FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT
'S CURRENT
OWNERSHIP
, POSSESSION, CUSTODY, OR CONTROL;
(c) I
DENTIFY WHETHER THE RESPONDENT IS REQUIRED TO POSSESS ,
CARRY, OR USE A FIREARM AS A CONDITION OF THE RESPONDENT 'S CURRENT
EMPLOYMENT
;
(d) I
DENTIFY WHETHER THERE IS A KNOWN EXISTING DOMESTIC
ABUSE PROTECTION ORDER OR EMERGENCY PROTECTION ORDER GOVERNING
THE PETITIONER OR RESPONDENT
;
(e) I
DENTIFY WHETHER THERE IS A PENDING LAWSUIT , COMPLAINT,
PETITION, OR OTHER ACTION BETWEEN THE PARTIES TO THE PETITION ; AND
(f) IF THE PETITIONER IS NOT A LAW ENFORCEMENT AGENCY ,
IDENTIFY WHETHER THE PETITIONER INFORMED A LOCAL LAW ENFORCEMENT
AGENCY REGARDING THE RESPONDENT
.
(4) T
HE COURT SHALL VERIFY THE TERMS OF ANY EXISTING ORDER
IDENTIFIED PURSUANT TO SUBSECTION
(3)(d) OF THIS SECTION GOVERNING
THE PARTIES
. THE COURT MAY NOT DELAY GRANTING RELIEF BECAUSE OF
THE EXISTENCE OF A PENDING ACTION BETWEEN THE PARTIES
. A PETITION
FOR AN EXTREME RISK PROTECTION ORDER MAY BE GRANTED WHETHER OR
NOT THERE IS A PENDING ACTION BETWEEN THE PARTIES
.
(5) I
F THE PETITION STATES THAT DISCLOSURE OF THE PETITIONER 'S
ADDRESS WOULD RISK HARM TO THE PETITIONER OR ANY MEMBER OF THE
PETITIONER
'S FAMILY OR HOUSEHOLD, THE PETITIONER'S ADDRESS MAY BE
OMITTED FROM ALL DOCUMENTS FILED WITH THE COURT
. IF THE PETITIONER
HAS NOT DISCLOSED AN ADDRESS PURSUANT TO THIS SECTION
, THE
PETITIONER MUST DESIGNATE AN ALTERNATIVE ADDRESS AT WHICH THE
RESPONDENT MAY SERVE NOTICE OF ANY MOTIONS
. IF THE PETITIONER IS A
LAW ENFORCEMENT OFFICER OR AGENCY
, THE ADDRESS OF RECORD MUST BE
THAT OF THE LAW ENFORCEMENT AGENCY
.
(6) A
COURT OR PUBLIC AGENCY SHALL NOT CHARGE A FEE FOR
FILING OR SERVICE OF PROCESS TO A PETITIONER SEEKING RELIEF PURSUANT
TO THIS ARTICLE
14.5. A PETITIONER OR RESPONDENT MUST BE PROVIDED
THE NECESSARY NUMBER OF CERTIFIED COPIES
, FORMS, AND INSTRUCTIONAL
PAGE 11-SENATE BILL 23-170 BROCHURES FREE OF CHARGE .
(7) A
PERSON IS NOT REQUIRED TO POST A BOND TO OBTAIN RELIEF
IN ANY PROCEEDING PURSUANT TO THIS SECTION
.
(8) T
HE DISTRICT AND COUNTY COURTS OF THE STATE OF COLORADO
HAVE JURISDICTION OVER PROCEEDINGS PURSUANT TO THIS ARTICLE
14.5.
13-14.5-105. Hearings on petition - grounds for order issuance.
(1) (a) U
PON FILING OF THE PETITION, THE COURT SHALL ORDER A HEARING
TO BE HELD AND PROVIDE A NOTICE OF HEARING TO THE RESPONDENT
. THE
COURT MUST PROVIDE THE NOTICE OF THE HEARING NO LATER THAN ONE
COURT DAY AFTER THE DATE OF THE EXTREME RISK PROTECTION ORDER
PETITION
. THE COURT MAY SCHEDULE A HEARING BY TELEPHONE PURSUANT
TO LOCAL COURT RULE TO REASONABLY ACCOMMODATE A DISABILITY OR
,
IN EXCEPTIONAL CIRCUMSTANCES , TO PROTECT A PETITIONER FROM
POTENTIAL HARM
. THE COURT SHALL REQUIRE ASSURANCES OF THE
PETITIONER
'S IDENTITY BEFORE CONDUCTING A TELEPHONIC HEARING .
(b) B
EFORE THE NEXT COURT DAY , THE COURT CLERK SHALL
FORWARD A COPY OF THE NOTICE OF HEARING AND PETITION TO THE LAW
ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT
RESIDES FOR SERVICE UPON THE RESPONDENT
.
(c) A
COPY OF THE NOTICE OF HEARING AND PETITION MUST BE
SERVED UPON THE RESPONDENT IN ACCORDANCE WITH THE RULES FOR
SERVICE OF PROCESS AS PROVIDED IN RULE
4 OF THE COLORADO RULES OF
CIVIL PROCEDURE OR RULE
304 OF THE COLORADO RULES OF COUNTY COURT
CIVIL PROCEDURE
. SERVICE ISSUED PURSUANT TO THIS SECTION TAKES
PRECEDENCE OVER THE SERVICE OF OTHER DOCUMENTS
, UNLESS THE OTHER
DOCUMENTS ARE OF A SIMILAR EMERGENCY NATURE
.
(d) T
HE COURT MAY, AS PROVIDED IN SECTION 13-14.5-103, ISSUE A
TEMPORARY EXTREME RISK PROTECTION ORDER PENDING THE HEARING
ORDERED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION. THE
TEMPORARY EXTREME RISK PROTECTION ORDER MUST BE SERVED
CONCURRENTLY WITH THE NOTICE OF HEARING AND PETITION
.
(2) U
PON HEARING THE MATTER, IF THE COURT FINDS BY CLEAR AND
CONVINCING EVIDENCE
, BASED ON THE EVIDENCE PRESENTED PURSUANT TO
PAGE 12-SENATE BILL 23-170 SUBSECTION (3) OF THIS SECTION, THAT THE RESPONDENT POSES A
SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR OTHERS BY
HAVING IN THE RESPONDENT
'S CUSTODY OR CONTROL A FIREARM OR BY
PURCHASING
, POSSESSING, OR RECEIVING A FIREARM, THE COURT SHALL
ISSUE AN EXTREME RISK PROTECTION ORDER FOR A PERIOD OF THREE
HUNDRED SIXTY
-FOUR DAYS.
(3) I
N DETERMINING WHETHER GROUNDS FOR AN EXTREME RISK
PROTECTION ORDER EXIST
, THE COURT MAY CONSIDER ANY RELEVANT
EVIDENCE
, INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING :
(a) A
RECENT ACT OR CREDIBLE THREAT OF VIOLENCE BY THE
RESPONDENT AGAINST SELF OR OTHERS
, WHETHER OR NOT SUCH VIOLENCE
OR CREDIBLE THREAT OF VIOLENCE INVOLVES A FIREARM
;
(b) A
PATTERN OF ACTS OR CREDIBLE THREATS OF VIOLENCE BY THE
RESPONDENT WITHIN THE PAST YEAR
, INCLUDING BUT NOT LIMITED TO ACTS
OR CREDIBLE THREATS OF VIOLENCE BY THE RESPONDENT AGAINST SELF OR
OTHERS
;
(c) A
VIOLATION BY THE RESPONDENT OF A CIVIL PROTECTION ORDER
ISSUED PURSUANT TO ARTICLE
14 OF THIS TITLE 13;
(d) A
PREVIOUS OR EXISTING EXTREME RISK PROTECTION ORDER
ISSUED AGAINST THE RESPONDENT AND A VIOLATION OF A PREVIOUS OR
EXISTING EXTREME RISK PROTECTION ORDER
;
(e) A
CONVICTION OF THE RESPONDENT FOR A CRIME THAT INCLUDED
AN UNDERLYING FACTUAL BASIS OF DOMESTIC VIOLENCE AS DEFINED IN
SECTION
18-6-800.3 (1);
(f) T
HE RESPONDENT'S OWNERSHIP, ACCESS TO, OR INTENT TO
POSSESS A FIREARM
;
(g) A
CREDIBLE THREAT OF OR THE UNLAWFUL OR RECKLESS USE OF
A FIREARM BY THE RESPONDENT
;
(h) T
HE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE OF
UNLAWFUL PHYSICAL FORCE BY THE RESPONDENT AGAINST ANOTHER
PERSON
, OR THE RESPONDENT'S HISTORY OF STALKING ANOTHER PERSON, AS
PAGE 13-SENATE BILL 23-170 DESCRIBED IN SECTION 18-3-602;
(i) A
NY PRIOR ARREST OF THE RESPONDENT FOR A CRIME LISTED IN
SECTION
24-4.1-302 (1) OR SECTION 18-9-202;
(j) E
VIDENCE OF THE RESPONDENT 'S ABUSE OF CONTROLLED
SUBSTANCES OR ALCOHOL
;
(k) W
HETHER THE RESPONDENT IS REQUIRED TO POSSESS , CARRY, OR
USE A FIREARM AS A CONDITION OF THE RESPONDENT
'S CURRENT
EMPLOYMENT
; AND
(l) EVIDENCE OF RECENT ACQUISITION OF A FIREARM OR
AMMUNITION BY THE RESPONDENT
.
(4) T
HE COURT MAY:
(a) E
XAMINE UNDER OATH THE PETITIONER , THE RESPONDENT, AND
ANY WITNESSES THEY MAY PRODUCE
, OR, IN LIEU OF EXAMINATION ,
CONSIDER SWORN AFFIDAVITS OF THE PETITIONER , THE RESPONDENT, AND
ANY WITNESSES THEY MAY PRODUCE
; AND
(b) REQUEST THAT THE COLORADO BUREAU OF INVESTIGATION
CONDUCT A CRIMINAL HISTORY RECORD CHECK RELATED TO THE
RESPONDENT AND PROVIDE THE RESULTS TO THE COURT UNDER SEAL
.
(5) T
HE COURT SHALL ALLOW THE PETITIONER AND RESPONDENT TO
PRESENT EVIDENCE AND CROSS
-EXAMINE WITNESSES AND BE REPRESENTED
BY AN ATTORNEY AT THE HEARING
.
(6) I
N A HEARING PURSUANT TO THIS ARTICLE 14.5, THE RULES OF
EVIDENCE APPLY TO THE SAME EXTENT AS IN A CIVIL PROTECTION ORDER
PROCEEDING PURSUANT TO ARTICLE
14 OF THIS TITLE 13.
(7) D
URING THE HEARING, THE COURT SHALL CONSIDER ANY
AVAILABLE MENTAL HEALTH EVALUATION OR CHEMICAL DEPENDENCY
EVALUATION PROVIDED TO THE COURT
.
(8) (a) B
EFORE ISSUING AN EXTREME RISK PROTECTION ORDER , THE
COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS THE STANDARD
PAGE 14-SENATE BILL 23-170 FOR A COURT-ORDERED EVALUATION FOR PERSONS WITH MENTAL HEALTH
DISORDERS PURSUANT TO SECTION
27-65-106. IF THE COURT DETERMINES
THAT THE RESPONDENT MEETS THE STANDARD
, THEN, IN ADDITION TO
ISSUING AN EXTREME RISK PROTECTION ORDER
, THE COURT SHALL ORDER
MENTAL HEALTH TREATMENT AND EVALUATION AUTHORIZED PURSUANT TO
SECTION
27-65-106 (4)(d).
(b) B
EFORE ISSUING AN EXTREME RISK PROTECTION ORDER , THE
COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS THE STANDARD
FOR AN EMERGENCY COMMITMENT PURSUANT TO SECTION
27-81-111. IF THE
COURT DETERMINES THAT THE RESPONDENT MEETS THE STANDARD
, THEN,
IN ADDITION TO ISSUING AN EXTREME RISK PROTECTION ORDER , THE COURT
SHALL ORDER AN EMERGENCY COMMITMENT PURSUANT TO SECTION
27-81-111.
(9) A
N EXTREME RISK PROTECTION ORDER MUST INCLUDE :
(a) A
STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF
THE ORDER
;
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;
(c) T
HE DATE AND TIME THE ORDER EXPIRES ;
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE
PLEADING SHOULD BE FILED
;
(e) T
HE REQUIREMENTS FOR RELINQUISHMENT OF A FIREARM AND
CONCEALED CARRY PERMIT PURSUANT TO SECTION
13-14.5-108; AND
(f) THE FOLLOWING STATEMENT :
T
O THE SUBJECT OF THIS EXTREME RISK PROTECTION ORDER :
T
HIS ORDER WILL LAST UNTIL THE DATE AND TIME NOTED
ABOVE
. IF YOU HAVE NOT DONE SO ALREADY , YOU MUST
IMMEDIATELY SURRENDER ANY FIREARMS IN YOUR CUSTODY
,
CONTROL, OR POSSESSION AND ANY CONCEALED CARRY
PERMIT ISSUED TO YOU
. YOU MAY NOT HAVE IN YOUR
CUSTODY OR CONTROL A FIREARM OR PURCHASE
, POSSESS,
RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM
PAGE 15-SENATE BILL 23-170 WHILE THIS ORDER IS IN EFFECT. YOU HAVE THE RIGHT TO
REQUEST ONE HEARING TO TERMINATE THIS ORDER DURING
THE PERIOD THAT THIS ORDER IS IN EFFECT
, STARTING FROM
THE DATE OF THIS ORDER AND CONTINUING THROUGH ANY
RENEWALS
. YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS
TO ANY MATTER CONNECTED WITH THIS ORDER
.
(10) W
HEN THE COURT ISSUES AN EXTREME RISK PROTECTION
ORDER
, THE COURT SHALL INFORM THE RESPONDENT THAT THE RESPONDENT
IS ENTITLED TO REQUEST TERMINATION OF THE ORDER IN THE MANNER
PRESCRIBED BY SECTION
13-14.5-107. THE COURT SHALL PROVIDE THE
RESPONDENT WITH A FORM TO REQUEST A TERMINATION HEARING
.
(11) (a) I
F THE COURT ISSUES AN EXTREME RISK PROTECTION ORDER ,
THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE COURT 'S
ISSUANCE
.
(b) I
F THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK
PROTECTION ORDER
, THE COURT SHALL STATE THE PARTICULAR REASONS
FOR THE COURT
'S DENIAL.
(12) I
F THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK
PROTECTION ORDER BUT ORDERED A TEMPORARY EXTREME RISK
PROTECTION ORDER AND A LAW ENFORCEMENT AGENCY TOOK CUSTODY OF
THE RESPONDENT
'S CONCEALED CARRY PERMIT OR THE RESPONDENT
SURRENDERED THE RESPONDENT
'S CONCEALED CARRY PERMIT AS A RESULT
OF THE TEMPORARY EXTREME RISK PROTECTION ORDER
, THE SHERIFF WHO
ISSUED THE CONCEALED CARRY PERMIT SHALL REISSUE THE CONCEALED
CARRY PERMIT TO THE RESPONDENT WITHIN THREE DAYS
, AT NO CHARGE TO
THE RESPONDENT
.
(13) I
F THE COURT ISSUES AN EXTREME RISK PROTECTION ORDER AND
THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR AGENCY OR
COMMUNITY MEMBER
, THE PETITIONER SHALL MAKE A GOOD-FAITH EFFORT
TO PROVIDE NOTICE OF THE ORDER TO A FAMILY OR HOUSEHOLD MEMBER OF
THE RESPONDENT AND TO ANY KNOWN THIRD PARTY WHO MAY BE AT DIRECT
RISK OF VIOLENCE
. THE NOTICE MUST INCLUDE REFERRALS TO APPROPRIATE
RESOURCES
, INCLUDING DOMESTIC VIOLENCE , BEHAVIORAL HEALTH, AND
COUNSELING RESOURCES
.
PAGE 16-SENATE BILL 23-170 13-14.5-106. Service of protection orders. (1) A N EXTREME RISK
PROTECTION ORDER ISSUED PURSUANT TO SECTION
13-14.5-105 MUST BE
SERVED PERSONALLY UPON THE RESPONDENT
, EXCEPT AS OTHERWISE
PROVIDED IN THIS ARTICLE
14.5.
(2) T
HE LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE
THE RESPONDENT RESIDES SHALL SERVE THE RESPONDENT PERSONALLY
.
(3) T
HE COURT CLERK SHALL FORWARD A COPY OF THE EXTREME
RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE
14.5 ON OR
BEFORE THE NEXT COURT DAY TO THE LAW ENFORCEMENT AGENCY
SPECIFIED IN THE ORDER FOR SERVICE
. SERVICE OF AN ORDER ISSUED
PURSUANT TO THIS ARTICLE
14.5 TAKES PRECEDENCE OVER THE SERVICE OF
OTHER DOCUMENTS
, UNLESS THE OTHER DOCUMENTS ARE OF A SIMILAR
EMERGENCY NATURE
.
(4) I
F THE LAW ENFORCEMENT AGENCY CANNOT COMPLETE SERVICE
UPON THE RESPONDENT WITHIN FIVE DAYS
, THE LAW ENFORCEMENT AGENCY
SHALL NOTIFY THE PETITIONER
. THE PETITIONER SHALL THEN PROVIDE ANY
ADDITIONAL INFORMATION REGARDING THE RESPONDENT
'S WHEREABOUTS
TO THE LAW ENFORCEMENT AGENCY TO EFFECT SERVICE
. THE LAW
ENFORCEMENT AGENCY MAY REQUEST ADDITIONAL TIME TO ALLOW FOR THE
PROPER AND SAFE PLANNING AND EXECUTION OF THE COURT ORDER
.
(5) I
F AN EXTREME RISK PROTECTION ORDER ENTERED BY THE COURT
STATES THAT THE RESPONDENT APPEARED IN PERSON BEFORE THE COURT
,
THE NECESSITY FOR FURTHER SERVICE IS WAIVED, AND PROOF OF SERVICE OF
THAT ORDER IS NOT NECESSARY
.
(6) R
ETURNS OF SERVICE PURSUANT TO THIS ARTICLE 14.5 MUST BE
MADE IN ACCORDANCE WITH THE APPLICABLE COURT RULES
.
(7) I
F THE RESPONDENT IS A VETERAN AND THERE ARE ANY CRIMINAL
CHARGES AGAINST THE RESPONDENT THAT RESULT FROM THE SERVICE OR
ENFORCEMENT OF THE EXTREME RISK PROTECTION ORDER
, THE JUDGE SHALL
REFER THE CASE TO A VETERANS COURT IF THE JURISDICTION HAS A
VETERANS COURT AND THE CHARGES ARE VETERANS COURT ELIGIBLE
.
13-14.5-107. Termination or renewal of protection orders.
(1) Termination. (a) T
HE RESPONDENT MAY SUBMIT ONE WRITTEN
PAGE 17-SENATE BILL 23-170 REQUEST FOR A HEARING TO TERMINATE AN EXTREME RISK PROTECTION
ORDER ISSUED PURSUANT TO THIS ARTICLE
14.5 FOR THE PERIOD THAT THE
ORDER IS IN EFFECT
. UPON RECEIPT OF THE REQUEST FOR A HEARING TO
TERMINATE AN EXTREME RISK PROTECTION ORDER
, THE COURT SHALL SET
A DATE FOR A HEARING
. NOTICE OF THE REQUEST AND DATE OF HEARING
MUST BE SERVED ON THE PETITIONER IN ACCORDANCE WITH THE
COLORADO
RULES OF CIVIL PROCEDURE OR
COLORADO RULES OF COUNTY COURT CIVIL
PROCEDURE
. THE COURT SHALL SET THE HEARING FOURTEEN DAYS AFTER
THE FILING OF THE REQUEST FOR A HEARING TO TERMINATE AN EXTREME
RISK PROTECTION ORDER
. THE COURT SHALL TERMINATE THE EXTREME RISK
PROTECTION ORDER IF THE RESPONDENT ESTABLISHES BY CLEAR AND
CONVINCING EVIDENCE THAT THE RESPONDENT NO LONGER POSES A
SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR OTHERS BY
HAVING IN THE RESPONDENT
'S CUSTODY OR CONTROL A FIREARM OR BY
PURCHASING
, POSSESSING, OR RECEIVING A FIREARM. THE COURT MAY
CONSIDER ANY RELEVANT EVIDENCE
, INCLUDING EVIDENCE OF THE
CONSIDERATIONS LISTED IN SECTION
13-14.5-105 (3).
(b) T
HE COURT MAY CONTINUE THE HEARING IF THE COURT
DETERMINES THAT IT CANNOT ENTER A TERMINATION ORDER AT THE
HEARING BUT DETERMINES THAT THERE IS A STRONG POSSIBILITY THAT THE
COURT COULD ENTER A TERMINATION ORDER AT A FUTURE DATE BEFORE THE
EXPIRATION OF THE EXTREME RISK PROTECTION ORDER
. IF THE COURT
CONTINUES THE HEARING
, THE COURT SHALL SET THE DATE FOR THE NEXT
HEARING PRIOR TO THE DATE FOR THE EXPIRATION OF THE EXTREME RISK
PROTECTION ORDER
.
(2) Renewal. (a) T
HE COURT SHALL NOTIFY THE PETITIONER OF THE
IMPENDING EXPIRATION OF AN EXTREME RISK PROTECTION ORDER
SIXTY
-THREE CALENDAR DAYS BEFORE THE DATE THAT THE ORDER EXPIRES .
(b) A
PETITIONER, A FAMILY OR HOUSEHOLD MEMBER OF A
RESPONDENT
, A COMMUNITY MEMBER, OR A LAW ENFORCEMENT OFFICER OR
AGENCY MAY
, BY MOTION, REQUEST A RENEWAL OF AN EXTREME RISK
PROTECTION ORDER AT ANY TIME WITHIN SIXTY
-THREE CALENDAR DAYS
BEFORE THE EXPIRATION OF THE ORDER
.
(c) U
PON RECEIPT OF THE MOTION TO RENEW , THE COURT SHALL
ORDER THAT A HEARING BE HELD NOT LATER THAN FOURTEEN DAYS AFTER
THE FILING OF THE MOTION TO RENEW
. THE COURT MAY SCHEDULE A
PAGE 18-SENATE BILL 23-170 HEARING BY TELEPHONE IN THE MANNER PRESCRIBED BY SECTION
13-14.5-105 (1)(a). THE RESPONDENT MUST BE PERSONALLY SERVED IN THE
SAME MANNER PRESCRIBED BY SECTION
13-14.5-105 (1)(b) AND (1)(c).
(d) I
N DETERMINING WHETHER TO RENEW AN EXTREME RISK
PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION
, THE COURT SHALL
CONSIDER ALL RELEVANT EVIDENCE AND FOLLOW THE SAME PROCEDURE AS
PROVIDED IN SECTION
13-14.5-105.
(e) I
F THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT ,
BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION 13-14.5-105
(3),
THE RESPONDENT CONTINUES TO POSE A SIGNIFICANT RISK OF CAUSING
PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN THE RESPONDENT
'S
CUSTODY OR CONTROL A FIREARM OR BY PURCHASING
, POSSESSING, OR
RECEIVING A FIREARM
, THE COURT SHALL RENEW THE ORDER FOR A PERIOD
OF TIME THE COURT DEEMS APPROPRIATE
, NOT TO EXCEED ONE YEAR. IN THE
ORDER
, THE COURT SHALL SET A RETURN DATE TO REVIEW THE ORDER NO
LATER THAN THIRTY
-FIVE DAYS PRIOR TO THE EXPIRATION OF THE ORDER .
H
OWEVER, IF, AFTER NOTICE, THE MOTION FOR RENEWAL IS UNCONTESTED
AND THE PETITIONER SEEKS NO MODIFICATION OF THE ORDER
, THE ORDER
MAY BE RENEWED ON THE BASIS OF THE PETITIONER
'S MOTION OR AFFIDAVIT,
SIGNED UNDER OATH AND PENALTY OF PERJURY , STATING THAT THERE HAS
BEEN NO MATERIAL CHANGE IN RELEVANT CIRCUMSTANCES SINCE THE
ENTRY OF THE ORDER AND STATING THE REASON FOR THE REQUESTED
RENEWAL
.
(3) I
F AN EXTREME RISK PROTECTION ORDER IS TERMINATED OR NOT
RENEWED FOR ANY REASON
, THE LAW ENFORCEMENT AGENCY STORING THE
RESPONDENT
'S FIREARMS SHALL PROVIDE NOTICE TO THE RESPONDENT
REGARDING THE PROCESS FOR THE RETURN OF THE FIREARMS
.
13-14.5-108. Surrender of a firearm. (1) (a) U
PON ISSUANCE OF
AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE
14.5,
INCLUDING A TEMPORARY EXTREME RISK PROTECTION ORDER , THE COURT
SHALL ORDER THE RESPONDENT TO SURRENDER ALL FIREARMS BY
:
(I) S
ELLING OR TRANSFERRING POSSESSION OF THE FIREARM TO A
FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN
18 U.S.C. SEC. 923,
AS AMENDED; EXCEPT THAT THIS PROVISION MUST NOT BE INTERPRETED TO
REQUIRE ANY FEDERALLY LICENSED FIREARMS DEALER TO PURCHASE OR
PAGE 19-SENATE BILL 23-170 ACCEPT POSSESSION OF ANY FIREARM ;
(II) A
RRANGING FOR THE STORAGE OF THE FIREARM BY A LAW
ENFORCEMENT AGENCY
. THE LAW ENFORCEMENT AGENCY SHALL PRESERVE
THE FIREARM IN A SUBSTANTIALLY SIMILAR CONDITION THAT THE FIREARM
WAS IN WHEN IT WAS SURRENDERED
. IF THE RESPONDENT DOES NOT CHOOSE
THE OPTION IN SUBSECTION
(1)(a)(I) OF THIS SECTION, A LOCAL LAW
ENFORCEMENT AGENCY SHALL STORE THE FIREARM
.
(III) O
NLY FOR EITHER AN ANTIQUE FIREARM , AS DEFINED IN 18
U.S.C. sec. 921 (a)(16),
AS AMENDED, OR A CURIO OR RELIC, AS DEFINED IN
27 CFR 478.11, AS AMENDED, TRANSFERRING POSSESSION OF THE ANTIQUE
FIREARM OR CURIO OR RELIC TO A RELATIVE WHO DOES NOT LIVE WITH THE
RESPONDENT AFTER CONFIRMING
, THROUGH A CRIMINAL HISTORY RECORD
CHECK
, THE RELATIVE IS CURRENTLY ELIGIBLE TO OWN OR POSSESS A
FIREARM UNDER FEDERAL AND STATE LAW
.
(b) T
HE COURT SHALL ORDER THE RESPONDENT TO SURRENDER ANY
CONCEALED CARRY PERMIT TO THE LAW ENFORCEMENT OFFICER SERVING
THE EXTREME RISK PROTECTION ORDER
.
(2) (a) T
HE LAW ENFORCEMENT AGENCY SERVING ANY EXTREME
RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE
14.5, INCLUDING A
TEMPORARY EXTREME RISK PROTECTION ORDER IN WHICH THE PETITIONER
WAS NOT A LAW ENFORCEMENT AGENCY OR OFFICER
, SHALL REQUEST THAT
THE RESPONDENT IMMEDIATELY SURRENDER ALL FIREARMS IN THE
RESPONDENT
'S CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED
CARRY PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH
PERMITTED BY LAW FOR SUCH FIREARMS OR PERMIT
. AFTER THE LAW
ENFORCEMENT AGENCY OR OFFICER HAS CUSTODY OF THE FIREARMS
, THE
RESPONDENT MAY INFORM THE LAW ENFORCEMENT OFFICER OF THE
RESPONDENT
'S PREFERENCE FOR SALE, TRANSFER, OR STORAGE OF THE
FIREARMS AS SPECIFIED IN SUBSECTION
(1) OF THIS SECTION. IF THE
RESPONDENT ELECTS TO SELL OR TRANSFER THE FIREARMS TO A FEDERALLY
LICENSED FIREARMS DEALER DESCRIBED IN
18 U.S.C. SEC. 923, AS
AMENDED
, THE LAW ENFORCEMENT OFFICER OR AGENCY SHALL MAINTAIN
CUSTODY OF THE FIREARMS UNTIL THEY ARE SOLD OR TRANSFERRED
PURSUANT TO SUBSECTION
(1)(a)(I) OF THIS SECTION. THE LAW
ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL FIREARMS AND ANY
SUCH PERMIT BELONGING TO THE RESPONDENT THAT ARE SURRENDERED
, IN
PAGE 20-SENATE BILL 23-170 PLAIN SIGHT, OR DISCOVERED PURSUANT TO A LAWFUL SEARCH .
A
LTERNATIVELY, IF PERSONAL SERVICE BY THE LAW ENFORCEMENT AGENCY
IS NOT POSSIBLE
, OR NOT REQUIRED BECAUSE THE RESPONDENT WAS
PRESENT AT THE EXTREME RISK PROTECTION ORDER HEARING
, THE
RESPONDENT SHALL SURRENDER THE FIREARMS AND ANY CONCEALED CARRY
PERMIT WITHIN TWENTY
-FOUR HOURS AFTER BEING SERVED WITH THE ORDER
BY ALTERNATE SERVICE OR WITHIN TWENTY
-FOUR HOURS AFTER THE
HEARING AT WHICH THE RESPONDENT WAS PRESENT
.
(b) I
F THE PETITIONER FOR AN EXTREME RISK PROTECTION ORDER IS
A LAW ENFORCEMENT AGENCY OR OFFICER
, THE LAW ENFORCEMENT OFFICER
SERVING THE EXTREME RISK PROTECTION ORDER SHALL TAKE CUSTODY OF
THE RESPONDENT
'S FIREARMS PURSUANT TO THE SEARCH WARRANT FOR
FIREARMS POSSESSED BY A RESPONDENT IN AN EXTREME RISK PROTECTION
ORDER
, AS DESCRIBED IN SECTION 16-3-301.5, IF A WARRANT WAS
OBTAINED
. AFTER THE LAW ENFORCEMENT AGENCY OR OFFICER HAS
CUSTODY OF THE FIREARMS
, THE RESPONDENT MAY INFORM THE LAW
ENFORCEMENT OFFICER OF THE RESPONDENT
'S PREFERENCE FOR SALE,
TRANSFER, OR STORAGE OF THE FIREARMS AS SPECIFIED IN SECTION
13-14-105.5 (4). THE LAW ENFORCEMENT OFFICER SHALL REQUEST THAT THE
RESPONDENT IMMEDIATELY SURRENDER ANY CONCEALED CARRY PERMIT
ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH PERMITTED BY LAW
FOR THE PERMIT
.
(3) A
T THE TIME OF SURRENDER OR TAKING CUSTODY PURSUANT TO
SECTION
16-3-301.5, A LAW ENFORCEMENT OFFICER TAKING POSSESSION OF
A FIREARM OR A CONCEALED CARRY PERMIT SHALL ISSUE A RECEIPT
IDENTIFYING ALL FIREARMS AND ANY PERMIT THAT HAVE BEEN
SURRENDERED OR TAKEN CUSTODY OF AND PROVIDE A COPY OF THE RECEIPT
TO THE RESPONDENT
. WITHIN SEVENTY-TWO HOURS AFTER SERVICE OF THE
ORDER
, THE OFFICER SERVING THE ORDER SHALL FILE THE ORIGINAL RECEIPT
WITH THE COURT AND SHALL ENSURE THAT THE OFFICER
'S LAW
ENFORCEMENT AGENCY RETAINS A COPY OF THE RECEIPT
, OR, IF THE OFFICER
DID NOT TAKE CUSTODY OF ANY FIREARMS
, SHALL FILE A STATEMENT TO
THAT EFFECT WITH THE COURT
.
(4) U
PON THE SWORN STATEMENT OR TESTIMONY OF THE PETITIONER
OR OF ANY LAW ENFORCEMENT OFFICER ALLEGING THAT THERE IS PROBABLE
CAUSE TO BELIEVE THE RESPONDENT HAS FAILED TO COMPLY WITH THE
SURRENDER OF FIREARMS OR A CONCEALED CARRY PERMIT AS REQUIRED BY
PAGE 21-SENATE BILL 23-170 AN ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5, THE COURT SHALL
DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE
RESPONDENT HAS FAILED TO SURRENDER ALL FIREARMS OR A CONCEALED
CARRY PERMIT IN HIS OR HER CUSTODY
, THE RESPONDENT'S CONTROL, OR
POSSESSION
. IF PROBABLE CAUSE EXISTS, THE COURT SHALL ISSUE A SEARCH
WARRANT THAT STATES WITH PARTICULARITY THE PLACES TO BE SEARCHED
AND THE ITEMS TO BE TAKEN INTO CUSTODY
.
(5) I
F A PERSON OTHER THAN THE RESPONDENT CLAIMS TITLE TO ANY
FIREARMS SURRENDERED OR TAKEN CUSTODY OF PURSUANT TO SECTION
16-3-301.5 PURSUANT TO THIS SECTION AND THE LAW ENFORCEMENT
AGENCY DETERMINES THAT HE OR SHE IS THE LAWFUL OWNER OF THE
FIREARM
, THE FIREARM SHALL BE RETURNED TO HIM OR HER IF :
(a) T
HE FIREARM IS REMOVED FROM THE RESPONDENT 'S CUSTODY,
CONTROL, OR POSSESSION, AND THE LAWFUL OWNER AGREES TO STORE THE
FIREARM SO THAT THE RESPONDENT DOES NOT HAVE ACCESS TO OR CONTROL
OF THE FIREARM
; AND
(b) THE FIREARM IS NOT OTHERWISE UNLAWFULLY POSSESSED BY
THE LAWFUL OWNER
.
(6) (a) W
ITHIN FORTY-EIGHT HOURS AFTER THE ISSUANCE OF AN
EXTREME RISK PROTECTION ORDER
, A RESPONDENT SUBJECT TO THE ORDER
MAY EITHER
:
(I) F
ILE WITH THE COURT THAT ISSUED THE ORDER ONE OR MORE
PROOFS OF RELINQUISHMENT OR REMOVAL SHOWING THAT ALL FIREARMS
PREVIOUSLY IN THE RESPONDENT
'S CUSTODY, CONTROL, OR POSSESSION, AND
ANY CONCEALED CARRY PERMIT ISSUED TO THE RESPONDENT
, WERE
RELINQUISHED TO OR REMOVED BY A LAW ENFORCEMENT AGENCY
, AND
ATTEST TO THE COURT THAT THE RESPONDENT DOES NOT CURRENTLY HAVE
ANY FIREARMS IN THE RESPONDENT
'S CUSTODY, CONTROL, OR POSSESSION,
AND DOES NOT CURRENTLY HAVE A CONCEALED CARRY PERMIT ; OR
(II) ATTEST TO THE COURT THAT:
(A) A
T THE TIME THE ORDER WAS ISSUED, THE RESPONDENT DID NOT
HAVE ANY FIREARMS IN THE RESPONDENT
'S CUSTODY, CONTROL, OR
POSSESSION AND DID NOT HAVE A CONCEALED CARRY PERMIT
; AND
PAGE 22-SENATE BILL 23-170 (B) THE RESPONDENT DOES NOT CURRENTLY HAVE ANY FIREARMS
IN THE RESPONDENT
'S CUSTODY, CONTROL, OR POSSESSION AND DOES NOT
CURRENTLY HAVE A CONCEALED CARRY PERMIT
.
(b) I
F TWO FULL COURT DAYS HAVE ELAPSED SINCE THE ISSUANCE OF
AN EXTREME RISK PROTECTION ORDER AND THE RESPONDENT HAS MADE
NEITHER THE FILING AND ATTESTATION PURSUANT TO SUBSECTION
(6)(a)(I)
OF THIS SECTION NOR THE ATTES TATIONS PURSUANT TO SUBSECTION
(6)(a)(II) OF THIS SECTION, THE CLERK OF THE COURT FOR THE COURT THAT
ISSUED THE ORDER SHALL INFORM THE LOCAL LAW ENFORCEMENT AGENCY
IN THE COUNTY IN WHICH THE COURT IS LOCATED THAT THE RESPONDENT
HAS NOT FILED THE FILING AND ATTESTATION PURSUANT TO SUBSECTION
(6)(a)(I) OF THIS SECTION OR THE ATTESTATIONS PURSUANT TO SUBSECTION
(6)(a)(II) OF THIS SECTION.
(c) A
LOCAL LAW ENFORCEMENT AGENCY THAT RECEIVES A
NOTIFICATION PURSUANT TO SUBSECTION
(6)(b) OF THIS SECTION SHALL
MAKE A GOOD FAITH EFFORT TO DETER MINE WHETHER THERE IS EVIDENCE
THAT THE RESPONDENT HAS FAILED TO RELINQUISH ANY FIREARM IN THE
RESPONDENT
'S CUSTODY, CONTROL, OR POSSESSION OR A CONCEALED CARRY
PERMIT ISSUED TO THE RESPONDENT
.
(7) T
HE PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL
DEVELOP MODEL POLICIES AND PROCEDURES BY
DECEMBER 1, 2019,
REGARDING THE ACCEPTANCE , STORAGE, AND RETURN OF FIREARMS
REQUIRED TO BE SURRENDERED PURSUANT TO THIS ARTICLE
14.5 OR TAKEN
CUSTODY OF PURSUANT TO SECTION
16-3-301.5 AND SHALL PROVIDE THOSE
MODEL POLICIES AND PROCEDURES TO ALL LAW ENFORCEMENT AGENCIES
.
E
ACH LAW ENFORCEMENT AGENCY SHALL ADOPT THE MODEL POLICIES AND
PROCEDURES OR ADOPT THEIR OWN POLICIES AND PROCEDURES BY
JANUARY
1, 2020.
13-14.5-109. Firearms - return - disposal. (1) I
F AN EXTREME RISK
PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER IS
TERMINATED OR EXPIRES WITHOUT RENEWAL
, A LAW ENFORCEMENT AGENCY
HOLDING ANY FIREARM THAT HAS BEEN SURRENDERED PURSUANT TO
SECTION
13-14.5-108 OR TAKEN CUSTODY OF PURSUANT TO SECTION
16-3-301.5, OR A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18
U.S.C.
SEC. 923, AS AMENDED, WITH CUSTODY OF A FIREARM, OR A RELATIVE
WITH CUSTODY OF AN ANTIQUE FIREARM OR CURIO OR RELIC PURSUANT TO
PAGE 23-SENATE BILL 23-170 SECTION 13-14.5-108 (1)(a)(III), MUST RETURN THE FIREARM REQUESTED BY
A RESPONDENT WITHIN THREE DAYS ONLY AFTER CONFIRMING
, THROUGH A
CRIMINAL HISTORY RECORD CHECK PERFORMED PURSUANT TO SECTION
24-33.5-424, THAT THE RESPONDENT IS CURRENTLY ELIGIBLE TO OWN OR
POSSESS A FIREARM UNDER FEDERAL AND STATE LAW AND AFTER
CONFIRMING WITH THE COURT THAT THE EXTREME RISK PROTECTION ORDER
HAS TERMINATED OR HAS EXPIRED WITHOUT RENEWAL
.
(2) A
NY FIREARM SURRENDERED BY A RESPONDENT PURSUANT TO
SECTION
13-14.5-108 OR TAKEN CUSTODY OF PURSUANT TO SECTION
16-3-301.5 THAT REMAINS UNCLAIMED BY THE LAWFUL OWNER FOR AT
LEAST ONE YEAR FROM THE DATE THE TEMPORARY EXTREME RISK
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER EXPIRED
,
WHICHEVER IS LATER, SHALL BE DISPOSED OF IN ACCORDANCE WITH THE LAW
ENFORCEMENT AGENCY
'S POLICIES AND PROCEDURES FOR THE DISPOSAL OF
FIREARMS IN POLICE CUSTODY
.
13-14.5-110. Reporting of extreme risk protection orders.
(1) T
HE COURT CLERK SHALL ENTER ANY EXTREME RISK PROTECTION ORDER
OR TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO
THIS ARTICLE
14.5 INTO A STATEWIDE JUDICIAL INFORMATION SYSTEM ON
THE SAME DAY THE ORDER IS ISSUED
.
(2) T
HE COURT CLERK SHALL FORWARD A COPY OF AN EXTREME RISK
PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER
ISSUED PURSUANT TO THIS ARTICLE
14.5 THE SAME DAY THE ORDER IS ISSUED
TO THE
COLORADO BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT
AGENCY SPECIFIED IN THE ORDER
. UPON RECEIPT OF THE COPY OF THE
ORDER
, THE COLORADO BUREAU OF INVESTIGATION SHALL ENTER THE
ORDER INTO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM
, ANY OTHER FEDERAL OR STATE COMPUTER -BASED SYSTEMS USED
BY LAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY PROHIBITED
PURCHASERS OF FIREARMS
, AND ANY COMPUTER -BASED CRIMINAL
INTELLIGENCE INFORMATION SYSTEM AVAILABLE IN THIS STATE USED BY
LAW ENFORCEMENT AGENCIES
. THE ORDER MUST REMAIN IN EACH SYSTEM
FOR THE PERIOD STATED IN THE ORDER
, AND THE LAW ENFORCEMENT
AGENCY SHALL ONLY EXPUNGE ORDERS FROM THE SYSTEMS THAT HAVE
EXPIRED OR TERMINATED AND SHALL PROMPTLY REMOVE THE EXPIRED OR
TERMINATED ORDERS
. ENTRY INTO THE COMPUTER -BASED CRIMINAL
INTELLIGENCE INFORMATION SYSTEM IS NOTICE TO ALL LAW ENFORCEMENT
PAGE 24-SENATE BILL 23-170 AGENCIES OF THE EXISTENCE OF THE ORDER . THE ORDER IS FULLY
ENFORCEABLE IN ANY COUNTY IN THE STATE
.
(3) T
HE ISSUING COURT SHALL, WITHIN THREE COURT DAYS AFTER
ISSUANCE OF AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY
EXTREME RISK PROTECTION ORDER
, FORWARD ALL IDENTIFYING
INFORMATION THE COURT HAS REGARDING THE RESPONDENT
, ALONG WITH
THE DATE THE ORDER IS ISSUED
, TO THE COUNTY SHERIFF IN THE
JURISDICTION WHERE THE RESPONDENT RESIDES
. UPON RECEIPT OF THE
INFORMATION
, THE COUNTY SHERIFF SHALL DETERMINE IF THE RESPONDENT
HAS A CONCEALED CARRY PERMIT
. IF THE RESPONDENT DOES HAVE A
CONCEALED CARRY PERMIT
, THE ISSUING COUNTY SHERIFF SHALL
IMMEDIATELY REVOKE THE PERMIT
. THE RESPONDENT MAY REAPPLY FOR A
CONCEALED CARRY PERMIT AFTER THE TEMPORARY EXTREME RISK
PROTECTION ORDER AND EXTREME RISK PROTECTION ORDER
, IF ORDERED,
ARE NO LONGER IN EFFECT.
(4) I
F AN EXTREME RISK PROTECTION ORDER IS TERMINATED BEFORE
ITS EXPIRATION DATE
, THE COURT CLERK SHALL FORWARD , ON THE SAME
DAY AS THE TERMINATION ORDER
, A COPY OF THE TERMINATION ORDER TO
THE
COLORADO BUREAU OF INVESTIGATION AND THE APPROPRIATE LAW
ENFORCEMENT AGENCY SPECIFIED IN THE TERMINATION ORDER
. UPON
RECEIPT OF THE ORDER
, THE COLORADO BUREAU OF INVESTIGATION AND THE
LAW ENFORCEMENT AGENCY SHALL PROMPTLY REMOVE THE ORDER FROM
ANY COMPUTER
-BASED SYSTEM IN WHICH IT WAS ENTERED PURSUANT TO
SUBSECTION
(2) OF THIS SECTION.
(5) U
PON THE EXPIRATION OF A TEMPORARY EXTREME RISK
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER
, THE COLORADO
BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT AGENCY SPECIFIED
IN THE ORDER SHALL PROMPTLY REMOVE THE ORDER FROM ANY
COMPUTER
-BASED SYSTEM IN WHICH IT WAS ENTERED PURSUANT TO
SUBSECTION
(2) OF THIS SECTION.
(6) A
N EXTREME RISK PROTECTION ORDER DOES NOT CONSTITUTE A
FINDING THAT A RESPONDENT IS A PROHIBITED PERSON PURSUANT TO
18
U.S.C. sec. 922 (d)(4)
OR (g)(4). THIS SUBSECTION (6) DOES NOT ALTER A
TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK
PROTECTION ORDER
, AND A RESPONDENT SUBJECT TO A TEMPORARY
EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK PROTECTION ORDER
PAGE 25-SENATE BILL 23-170 IS PROHIBITED FROM POSSESSING A FIREARM UNDER STATE LAW . THIS
SUBSECTION
(6) DOES NOT CHANGE THE DUTY TO ENTER A TEMPORARY
EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER
INTO THE APPROPRIATE DATABASES PURSUANT TO THIS SECTION
.
13-14.5-111. Penalties. A
NY PERSON WHO HAS IN THE PERSON 'S
CUSTODY
, POSSESSION, OR CONTROL A FIREARM, OR PURCHASES, POSSESSES,
OR RECEIVES A FIREARM WITH KNOWLEDGE THAT THE PERSON IS PROHIBITED
FROM DOING SO BY AN EXTREME RISK PROTECTION ORDER OR TEMPORARY
EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE
14.5
IS GUILTY OF A CLASS 2 MISDEMEANOR.
13-14.5-112. Other authority retained. T
HIS ARTICLE 14.5 DOES
NOT AFFECT THE ABILITY OF A LAW ENFORCEMENT OFFICER TO REMOVE A
FIREARM OR CONCEALED CARRY PERMIT FROM A PERSON OR CONDUCT A
SEARCH AND SEIZURE FOR ANY FIREARM PURSUANT TO OTHER LAWFUL
AUTHORITY
.
13-14.5-113. Liability. (1)
EXCEPT AS PROVIDED IN SECTION
13-14.5-111, THIS ARTICLE 14.5 DOES NOT IMPOSE CRIMINAL ,
ADMINISTRATIVE, OR CIVIL LIABILITY ON ANY PERSON , INCLUDING A
COMMUNITY MEMBER
, OR ENTITY FOR ACTS OR OMISSIONS MADE IN GOOD
FAITH RELATED TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR A
TEMPORARY EXTREME RISK PROTECTION ORDER
, INCLUDING BUT NOT
LIMITED TO REPORTING
, DECLINING TO REPORT, INVESTIGATING, DECLINING
TO INVESTIGATE
, FILING, OR DECLINING TO FILE A PETITION PURSUANT TO
THIS ARTICLE
14.5. THIS ARTICLE 14.5 DOES NOT IMPOSE CRIMINAL OR CIVIL
LIABILITY ON A PEACE OFFICER LAWFULLY ENFORCING AN ORDER PURSUANT
TO THIS ARTICLE
14.5.
(2) A
PERSON WHO FILES A MALICIOUS OR KNOWINGLY FALSE
PETITION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN
EXTREME RISK PROTECTION ORDER MAY BE SUBJECT TO CRIMINAL
PROSECUTION OR CIVIL LIABILITY FOR THOSE ACTS
.
(3) A
FEDERALLY LICENSED FIREARMS DEALER OR LAW
ENFORCEMENT AGENCY THAT STORES A FIREARM AS PERMITTED BY THIS
ARTICLE
14.5 IS NOT CIVILLY LIABLE FOR ANY RESULTING DAMAGES TO THE
FIREARM
, AS LONG AS SUCH DAMAGE DID NOT RESULT FROM THE WILLFUL
AND WRONGFUL ACT OR GROSS NEGLIGENCE OF THE PERSON OR LAW
PAGE 26-SENATE BILL 23-170 ENFORCEMENT AGENCY STORING THE FIREARM .
(4) T
HIS ARTICLE 14.5 DOES NOT REQUIRE A FAMILY OR HOUSEHOLD
MEMBER OF THE RESPONDENT
, A COMMUNITY MEMBER , OR A LAW
ENFORCEMENT OFFICER OR AGENCY TO FILE A PETITION FOR A TEMPORARY
EMERGENCY EXTREME RISK PROTECTION ORDER OR PETITION FOR AN
EXTREME RISK PROTECTION ORDER
.
(5) A
COMMUNITY MEMBER 'S EMPLOYER SHALL NOT USE A
COMMUNITY MEMBER
'S ACTS OR OMISSIONS MADE IN GOOD FAITH RELATED
TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY
EXTREME RISK PROTECTION ORDER
, INCLUDING BUT NOT LIMITED TO
REPORTING
, DECLINING TO REPORT , INVESTIGATING, DECLINING TO
INVESTIGATE
, FILING, OR DECLINING TO FILE A PETITION PURSUANT TO THIS
ARTICLE
14.5 AS A BASIS FOR DISCIPLINE OR TERMINATION.
13-14.5-114. Instructional and informational material -
definition. (1) (a) T
HE STATE COURT ADMINISTRATOR SHALL DEVELOP
STANDARD PETITIONS AND EXTREME RISK PROTECTION ORDER FORMS AND
TEMPORARY EXTREME RISK PROTECTION ORDER FORMS IN MORE THAN ONE
LANGUAGE CONSISTENT WITH STATE JUDICIAL DEPARTMENT PRACTICES
. THE
STANDARD PETITION AND ORDER FORMS MUST BE USED AFTER
JANUARY 1,
2020,
FOR ALL PETITIONS FILED AND ORDERS ISSUED PURSUANT TO THIS
ARTICLE
14.5. THE STATE COURT ADMINISTRATOR MAY CONSULT WITH
INTERESTED PARTIES IN DEVELOPING THE PETITIONS AND FORMS
. THE
MATERIALS MUST BE AVAILABLE ONLINE CONSISTENT WITH STATE JUDICIAL
DEPARTMENT PRACTICES
.
(b) T
HE EXTREME RISK PROTECTION ORDER FORM MUST INCLUDE , IN
A CONSPICUOUS LOCATION
, NOTICE OF CRIMINAL PENALTIES RESULTING
FROM VIOLATION OF THE ORDER AND THE FOLLOWING STATEMENT
:
Y
OU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN
FROM VIOLATING THIS EXTREME RISK PROTECTION ORDER
'S
PROVISIONS
. ONLY THE COURT CAN CHANGE THE ORDER AND
ONLY UPON WRITTEN MOTION
.
(2) A
COURT CLERK FOR EACH JUDICIAL DISTRICT SHALL CREATE A
COMMUNITY RESOURCE LIST OF CRISIS INTERVENTION
, MENTAL HEALTH,
SUBSTANCE ABUSE, INTERPRETER, COUNSELING, AND OTHER RELE VANT
PAGE 27-SENATE BILL 23-170 RESOURCES SERVING THE COUNTY IN WHICH THE COURT IS LOCATED . THE
COURT SHALL MAKE THE COMMUNITY RESOURCE LIST AVAILABLE AS PART
OF OR IN ADDITION TO THE INFORMATIONAL BROCHURES DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION.
(3) T
HE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE A MASTER
COPY OF THE STANDARD PETITION AND EXTREME RISK PROTECTION ORDER
FORMS TO ALL COURT CLERKS AND ALL DISTRICT AND COUNTY COURTS
.
(4) C
OURTS SHALL ACCEPT PETITIONS PURSUANT TO SECTIONS
13-14.5-103 AND 13-14.5-104 BEGINNING ON JANUARY 1, 2020.
13-14.5-115. Effect of previous issued orders. T
HE ENACTMENT OF
SB 23-170 AND THE PROVISIONS OF THIS ARTICLE 14.5 AUTHORIZING THE
COURT TO ENTER AN ORDER PURSUANT TO SECTION
13-14.5-103 OR
13-14.5-104 DO NOT LIMIT, CHANGE, VOID, OR OTHERWISE IMPACT AN
EXTREME RISK PROTECTION ORDER ENTERED BY THE COURT PURSUANT TO
THIS ARTICLE
14.5 PRIOR TO THE EFFECTIVE DATE OF SB 23-170. ANY SUCH
ORDER REMAINS IN EFFECT UNTIL IT EXPIRES BY ITS OWN TERMS OR IS
TERMINATED BY THE COURT
.
13-14.5-116. Severability. I
F ANY PROVISION OF THIS ARTICLE 14.5
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD
INVALID
, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS ARTICLE
14.5 THAT CAN BE GIVEN EFFECT WITHOUT
THE INVALID PROVISION OR APPLICATION
, AND TO THIS END THE PROVISIONS
OF THIS ARTICLE
14.5 ARE DECLARED TO BE SEVERABLE.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-119 as
follows:
24-33.5-119. Extreme risk protection order information hotline.
(1) (a) T
HE DEPARTMENT SHALL, SUBJECT TO AVAILABLE RESOURCES OR
WITHIN EXISTING RESOURCES
, ESTABLISH A HOTLINE TO RECEIVE AND REFER
CALLS FROM THE PUBLIC ABOUT EXTREME RISK PROTECTION ORDERS
, AND
PROVIDE THE CALLERS WITH INFORMATION ABOUT FILING FOR AN ORDER AND
ABOUT OTHER RELEVANT RESOURCES
. THE DEPARTMENT IS NOT REQUIRED
TO ESTABLISH A DEDICATED PHONE NUMBER FOR THE HOTLINE AND MAY
INSTEAD USE AN EXISTING PHONE NUMBER USED BY THE DEPARTMENT TO
RECEIVE AND RESPOND TO PUBLIC REQUESTS OR INQUIRIES
. THE HOTLINE
PAGE 28-SENATE BILL 23-170 SHALL NOT PROVIDE LEGAL ADVICE OR SERVE AS AN AVENUE FOR AN
INDIVIDUAL TO FILE A PETITION FOR A TEMPORARY EXTREME RISK
PROTECTION ORDER OR AN EXTREME RISK PROTECTION ORDER
.
(b) T
HE HOTLINE SHALL NOT ADVISE A CALLER ON THE
RAMIFICATIONS CONCERNING THE FILING OR FALSE FILING OF A PETITION FOR
A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK
PROTECTION ORDER
. THE HOTLINE MAY REFER A CALLER TO THE
APPROPRIATE VENUE IN WHICH THE PETITION MAY BE FILED FOR FURTHER
INFORMATION CONCERNING SUCH RAMIFICATIONS
.
(2) T
HE DEPARTMENT SHALL COLLABORATE WITH ANY OTHER STATE
AGENCY TO OBTAIN THE INFORMATION NECESSARY OR BENEFICIAL FOR
RESPONDING TO THE REQUESTS
.
SECTION 3. In Colorado Revised Statutes, 25-20.5-1205, add (3)
as follows:
25-20.5-1205. Federal grants - other funds - gifts, grants, and
donations. (3) T
HE OFFICE SHALL EXPEND FUNDS ANNUALLY ON A PUBLIC
EDUCATION CAMPAIGN REGARDING THE AVAILABILITY OF
, AND THE PROCESS
FOR REQUESTING
, AN EXTREME RISK PROTECTION ORDER PURSUANT TO
ARTICLE
14.5 OF TITLE 13 AND AS DESCRIBED IN SECTION 25-20.5-1203
(2)(a).
SECTION 4. In Colorado Revised Statutes, 13-3-101, repeal and
reenact (13) as follows:
13-3-101. State court administrator - report - definitions -
repeal. (13) T
HE STATE COURT ADMINISTRATOR OR THE ADMINISTRATOR 'S
DESIGNEE SHALL PRESENT AT THE JUDICIAL DEPARTMENT
'S HEARING
PURSUANT TO SECTION
2-7-203 STATISTICS RELATED TO EXTREME RISK
PROTECTION ORDERS IN ARTICLE
14.5 OF THIS TITLE 13. THE STATISTICS
MUST INCLUDE THE NUMBER OF PETITIONS FILED FOR TEMPORARY EXTREME
RISK PROTECTION ORDERS
, THE NUMBER OF PETITIONS FILED FOR EXTREME
RISK PROTECTION ORDERS
, THE NUMBER OF TEMPORARY EXTREME RISK
PROTECTION ORDERS ISSUED AND DENIED
, THE NUMBER OF EXTREME RISK
PROTECTION ORDERS ISSUED AND DENIED
, THE NUMBER OF TEMPORARY
EXTREME RISK PROTECTION ORDERS TERMINATED
, THE NUMBER OF EXTREME
RISK PROTECTION ORDERS TERMINATED
, AND THE NUMBER OF EXTREME RISK
PAGE 29-SENATE BILL 23-170 PROTECTION ORDERS RENEWED . THE STATE COURT ADMINISTRATOR OR THE
ADMINISTRATOR
'S DESIGNEE SHALL ALSO REPORT STATE COURT DATA
RELATED TO ALL PERSONS WHO ARE SUBJECT TO ANY TEMPORARY
EMERGENCY RISK PROTECTION ORDER OR EMERGENCY RISK PROTECTION
ORDER AND WHO
, WITHIN THIRTY DAYS AFTER THE ISSUANCE OR EXECUTION
OF THE PROTECTION ORDER
, ARE CHARGED WITH A CRIMINAL OFFENSE . THE
REPORT MUST INCLUDE THE NATURE OF THE CRIMINAL OFFENSE
, INCLUDING
BUT NOT LIMITED TO ANY OFFENSE FOR VIOLATION OF THE EMERGENCY RISK
PROTECTION ORDER AND THE DISPOSITION OR STATUS OF THAT CRIMINAL
OFFENSE
.
SECTION 5. In Colorado Revised Statutes, repeal and reenact,
16-3-301.5 as follows:
16-3-301.5. Search warrant for firearms possessed by a
respondent in an extreme risk protection order. (1) A
NY COURT MAY
ISSUE A SEARCH WARRANT TO SEARCH FOR AND TAKE CUSTODY OF ANY
FIREARM IN THE POSSESSION OF A NAMED RESPONDENT IN AN EXTREME RISK
PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER
FILED PURSUANT TO ARTICLE
14.5 OF TITLE 13 IF THE APPLICATION FOR THE
WARRANT COMPLIES WITH ALL REQUIRED PROVISIONS OF SECTION
16-3-303
AND ALSO PROVIDES FACTS SUFFICIENT TO ESTABLISH BY PROBABLE CAUSE :
(a) T
HAT THE NAMED PERSON IS A NAMED RESPONDENT IN AN
EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK
PROTECTION ORDER FILED PURSUANT TO ARTICLE
14.5 OF TITLE 13; AND
(b) THAT THE NAMED PERSON IS IN POSSESSION OF ONE OR MORE
FIREARMS
; AND
(c) THE LOCATION OF SUCH FIREARMS; AND
(d) ANY OTHER INFORMATION RELIED UPON BY THE APPLICANT AND
WHY THE APPLICANT CONSIDERS SUCH INFORMATION CREDIBLE AND
RELIABLE
.
(2) T
HE RETURN OR DISPOSAL OF ANY FIREARM TAKEN CUSTODY OF
PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED PURS UANT TO SECTION
13-14.5-109.
PAGE 30-SENATE BILL 23-170 SECTION 6. In Colorado Revised Statutes, 18-12-203, repeal and
reenact (1)(g)(IV) as follows:
18-12-203. Criteria for obtaining a permit. (1) Beginning May
17, 2003, except as set forth in this section, a sheriff shall issue a permit to
carry a concealed handgun to an applicant who:
(g) Is not subject to:
(IV) A
TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED
PURSUANT TO SECTION
13-14.5-103 (3) OR AN EXTREME RISK PROTECTION
ORDER ISSUED PURSUANT TO SECTION
13-14.5-105 (2);
SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
$140,462 is appropriated to the judicial department. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $110,008 for trial court programs, which amount is based on an
assumption that the department will require an additional 1.1 FTE; and
(b) $30,454 for capital outlay.
(2) For the 2023-24 state fiscal year, $238,846 is appropriated to the
department of public safety. This appropriation is from the general fund and
is based on an assumption that the department will require an additional 2.8
FTE. To implement this act, the department may use this appropriation for
the extreme risk protection order hotline.
PAGE 31-SENATE BILL 23-170 SECTION 8. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 32-SENATE BILL 23-170