First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0511.02 Michael Dohr x4347
SENATE BILL 23-170
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING EXTREME RISK PROTECTION ORDERS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill repeals and reenacts the statutory article related to extreme
risk protection orders.
Under current law a family or household member and a law
enforcement officer or agency can petition for an extreme risk protection
order. The bill expands the list of who can petition for an extreme risk
protection order to include licensed medical care providers, licensed
mental health-care providers, licensed educators, and district attorneys.
The bill requires the office of gun violence prevention to expend
SENATE SPONSORSHIP
Sullivan and Fenberg, Fields, Jaquez Lewis, Kolker
HOUSE SPONSORSHIP
Bacon and Weissman, Boesenecker, Duran, Froelich, Garcia, Jodeh, Joseph, Kipp,
Parenti, Vigil, Woodrow
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. funds annually on a public education campaign regarding the availability
of, and the process for requesting, an extreme risk protection order.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, article 14.5 of title 13 as follows:3
13-14.5-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 14.54
IS THE "DEPUTY ZACKARI PARRISH III VIOLENCE PREVENTION ACT".5
13-14.5-102. Definitions. A
S USED IN THIS ARTICLE 14.5, UNLESS6
THE CONTEXT OTHERWISE CLEARLY REQUIRES :7
(1) "C
OMMUNITY MEMBER " MEANS A LICENSED HEALTH - CARE8
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL WHO , THROUGH A9
DIRECT PROFESSIONAL RELATIONSHIP , PROVIDED CARE TO THE10
RESPONDENT WITHIN SIX MONTHS BEFORE REQUESTING THE PROTECTION11
ORDER OR AN EDUCATOR WHO , THROUGH A DIRECT PROFESSI ONAL12
RELATIONSHIP, INTERACTED WITH THE RESPONDENT OR THE RESPONDENT 'S13
CHILD WITHIN SIX MONTHS BEFORE REQUESTING THE PROTECTION ORDER .14
(2) "E
DUCATOR" MEANS A TEACHER EMPLOYED TO INSTRUCT15
STUDENTS; A SCHOOL COUNSELOR WHO HOLDS A SPECIAL SERVICES16
PROVIDER LICENSE WITH A SCHOOL COUNSELOR ENDORSEMENT ISSUED17
PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR WHO IS OTHERWISE ENDORSED18
OR ACCREDITED BY A NATIONAL ASSOCIATION TO PROVIDE SCHOOL19
COUNSELING SERVICES; A SCHOOL ADMINISTRATOR; A SCHOOL NURSE WHO20
HOLDS A CURRENT NURSING LICENSE THROUGH THE DEPARTMENT OF21
REGULATORY AGENCIES AND WHO HAS APPLIED FOR OR HOLDS A SPECIAL22
SERVICES LICENSE FROM THE DEPARTMENT OF EDUCATION PURSUANT TO23
ARTICLE 60.5 OF TITLE 22 IN A SCHOOL DISTRICT, PRIVATE SCHOOL,24
CHARTER SCHOOL INSTITUTE, OR AN INDIVIDUAL CHARTER SCHOOL; OR A25
SB23-170-2- FACULTY MEMBER AT AN INSTITUTION OF HIGHER EDUCATION .1
(3) "E
XTREME RISK PROTECTION ORDER " MEANS EITHER A2
TEMPORARY ORDER OR A CONTINUING ORDER GRANTED PURSUANT TO THIS3
ARTICLE 14.5.4
(4) "F
AMILY OR HOUSEHOLD MEMBER " MEANS, WITH RESPECT TO5
A RESPONDENT, ANY:6
(a) P
ERSON RELATED BY BLOOD, MARRIAGE, OR ADOPTION TO THE7
RESPONDENT;8
(b) P
ERSON WHO HAS A CHILD IN COMMON WITH THE RESPONDENT ,9
REGARDLESS OF WHETHER SUCH PERSON HAS BEEN MARRIED TO THE10
RESPONDENT OR HAS LIVED TOGETHER WITH THE RESPONDENT AT ANY11
TIME;12
(c) P
ERSON WHO REGULARLY RESIDES OR REGULARLY RESIDED13
WITH THE RESPONDENT WITHIN THE LAST SIX MONTHS ;14
(d) D
OMESTIC PARTNER OF THE RESPONDENT ;15
(e) P
ERSON WHO HAS A BIOLOGICAL OR LEGAL PARENT -CHILD16
RELATIONSHIP WITH THE RESPONDENT , INCLUDING STEPPARENTS AND17
STEPCHILDREN AND GRANDPARENTS AND GRANDCHILDREN ;18
(f) P
ERSON WHO IS ACTING OR HAS ACTED AS THE RESPONDENT 'S19
LEGAL GUARDIAN; AND20
(g) P
ERSON IN ANY OTHER RELATIONSHIP DESCRIBED IN SECTION21
18-6-800.3
(2) WITH THE RESPONDENT.22
(5) "F
IREARM" HAS THE SAME MEANING AS IN SECTION 18-1-90123
(3)(h).24
(6) "L
AW ENFORCEMENT OFFICER " MEANS A PEACE OFFICER OR A25
PERSON EMPLOYED BY A DISTRICT ATTORNEY AND DESIGNATED BY A26
DISTRICT ATTORNEY THAT IS:27
SB23-170
-3- (a) EMPLOYED BY A POLITICAL SUBDIVISION OF THE STATE AND1
CERTIFIED BY THE P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102;2
(b) A
UTHORIZED BY SECTION 16-2.5-111, 16-2.5-112,3
16-2.5-112.5,
16-2.5-113, 16-2.5-114, OR 16-2.5-115;4
(c) A
UTHORIZED BY SECTION 16-2.5-132 OR 16-2.5-133;5
(d) T
HE ATTORNEY GENERAL OR THE ATTORNEY GENERAL 'S6
DESIGNEE AS AUTHORIZED BY SECTION 16-2.5-128, 16-2.5-129, OR7
16-2.5-130;8
(e) A
UTHORIZED BY SECTION 16-2.5-128 OR 16-2.5-137; OR9
(f) A
UTHORIZED BY SECTION 16-2.5-149.10
(7) "L
ICENSED HEALTH-CARE PROFESSIONAL" MEANS A LICENSED11
PHYSICIAN, PHYSICIAN'S ASSISTANT, OR ADVANCED PRACTICE REGISTERED12
NURSE WHO IS A PRIMARY PROVIDER OF HEALTH SERVICES TO A13
RESPONDENT; A PSYCHIATRIST; OR A LICENSED EMERGENCY ROOM14
MEDICAL CARE PROVIDER.15
(8)
"MENTAL HEALTH PROFESSIONAL " MEANS A PSYCHOLOGIST,16
SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST , LICENSED17
PROFESSIONAL COUNSELOR , OR ADDICTION COUNSELOR LICENSED ,18
REGISTERED, OR CERTIFIED PURSUANT TO ARTICLE 245 OF TITLE 12; A19
PSYCHOLOGIST CANDIDATE , CLINICAL SOCIAL WORKER CANDIDATE ,20
MARRIAGE AND FAMILY THERAPIST CANDIDATE , LICENSED PROFESSIONAL21
COUNSELOR CANDIDATE , OR ADDICTION COUNSELOR CANDIDATE22
REGISTERED PURSUANT TO SECTION 12-245-304 (3), 12-245-404 (4),23
12-245-504
(4), 12-245-604 (4), OR 12-245-804 (3.7), RESPECTIVELY; OR24
AN UNLICENSED PSYCHOTHERAPIST .25
(9) "P
ETITIONER" MEANS THE PERSON WHO PETITIONS FOR AN26
EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5.27
SB23-170
-4- (10) "RESPONDENT" MEANS THE PERSON WHO IS IDENTIFIED AS THE1
RESPONDENT IN A PETITION FILED PURSUANT TO THIS ARTICLE 14.5.2
13-14.5-103. Temporary extreme risk protection orders.3
(1) (a) A
FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A4
COMMUNITY MEMBER , OR A LAW ENFORCEMENT OFFICER OR AGENCY MAY5
REQUEST A TEMPORARY EXTREME RISK PROTECTION ORDER WITHOUT6
NOTICE TO THE RESPONDENT BY INCLUDING IN THE PETITION FOR THE7
EXTREME RISK PROTECTION ORDER AN AFFIDAVIT , SIGNED UNDER OATH8
AND PENALTY OF PERJURY, SUPPORTING THE ISSUANCE OF A TEMPORARY9
EXTREME RISK PROTECTION ORDER THAT SETS FORTH THE FACTS TENDING10
TO ESTABLISH THE GROUNDS OF THE PETITION OR THE REASON FOR11
BELIEVING THEY EXIST AND , IF THE PETITIONER IS A FAMILY OR12
HOUSEHOLD MEMBER OR COMMUNITY MEMBER , ATTESTING THAT THE13
PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER OR COMMUNITY14
MEMBER. THE PETITION MUST COMPLY WITH THE REQUIREMENTS OF15
SECTION 13-14.5-104 (3). IF THE PETITIONER IS A LAW ENFORCEMENT16
OFFICER OR LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT OFFICER17
OR LAW ENFORCEMENT AGENCY SHALL CONCURRENTLY FILE A SWORN18
AFFIDAVIT FOR A SEARCH WARRANT PURSUANT TO SECTION 16-3-301.5 TO19
SEARCH FOR ANY FIREARMS IN THE POSSESSION OR CONTROL OF THE20
RESPONDENT AT A LOCATION OR LOCATIONS TO BE NAMED IN THE21
WARRANT. IF A PETITION FILED PURSUANT TO SECTION 27-65-106 IS ALSO22
FILED AGAINST THE RESPONDENT, A COURT OF COMPETENT JURISDICTION23
MAY HEAR THAT PETITION AT THE SAME TIME AS THE HEARING FOR A24
TEMPORARY EXTREME RISK PROTECTION ORDER OR THE HEARING FOR A25
CONTINUING EXTREME RISK PROTECTION ORDER .26
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE27
SB23-170
-5- CONTRARY, A LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH1
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR A TEMPORARY2
EXTREME RISK PROTECTION ORDER , UPON FILING THE PETITION FOR A3
TEMPORARY EXTREME RISK PROTECTION ORDER , IS AUTHORIZED TO4
DISCLOSE PROTECTED HEALTH INFORMATION , OF THE RESPONDENT AS5
NECESSARY FOR THE FULL INVESTIGATION AND DISPOSITION OF THE6
REQUEST FOR A TEMPORARY EXTREME RISK PROTECTION ORDER . WHEN7
DISCLOSING PROTECTED HEALTH INFORMATION , THE LICENSED8
HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL SHALL9
MAKE REASONABLE EFFORTS TO LIMIT PROTECTED HEALTH INFORMATION10
TO THE MINIMUM NECESSARY TO ACCOMPLISH THE FILING OF THE11
PETITION. UPON RECEIPT OF A PETITION BY A LICENSED HEALTH -CARE12
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL , AND FOR GOOD CAUSE13
SHOWN, THE COURT MAY ISSUE ORDERS TO OBTAIN ANY RECORDS OR14
DOCUMENTS RELATING TO DIAGNOSIS , PROGNOSIS, OR TREATMENT, AND15
CLINICAL RECORDS, OF THE RESPONDENT AS NECESSARY FOR THE FULL16
INVESTIGATION AND DISPOSITION OF THE PETITION FOR A TEMPORARY17
EXTREME RISK PROTECTION ORDER . THE COURT SHALL SEAL ALL RECORDS18
AND OTHER HEALTH INFORMATION RECEIVED THAT CONTAIN PROTECTED19
HEALTH INFORMATION . THE DECISION OF A LICENSED HEALTH -CARE20
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT21
TO DISCLOSE RECORDS OR DOCUMENTS RELATING TO THE DIAGNOSIS ,22
PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS OF A RESPONDENT ,23
WHEN MADE REASONABLY AND IN GOOD FAITH , SHALL NOT BE THE BASIS24
FOR ANY CIVIL OR CRIMINAL LIABILITY WITH RESPECT TO THE LICENSED25
HEALTH-CARE PROFESSIONAL OR LICENSED MENTAL HEALTH26
PROFESSIONAL.27
SB23-170
-6- (2) IN CONSIDERING WHETHER TO ISSUE A TEMPORARY EXTREME1
RISK PROTECTION ORDER PURSUANT TO THIS SECTION , THE COURT SHALL2
CONSIDER ALL RELEVANT EVIDENCE, INCLUDING THE EVIDENCE DESCRIBED3
IN SECTION 13-14.5-105 (3).4
(3) I
F A COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE5
THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION6
13-14.5-105
(3), THE RESPONDENT POSES A SIGNIFICANT RISK OF CAUSING7
PERSONAL INJURY TO SELF OR OTHERS IN THE NEAR FUTURE BY HAVING IN8
THE RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,9
POSSESSING, OR RECEIVING A FIREARM , THE COURT SHALL ISSUE A10
TEMPORARY EXTREME RISK PROTECTION ORDER .11
(4) T
HE COURT SHALL HOLD A TEMPORARY EXTREME RISK12
PROTECTION ORDER HEARING IN PERSON OR BY TELEPHONE ON THE DAY13
THE PETITION IS FILED OR ON THE COURT DAY IMMEDIATELY FOLLOWING14
THE DAY THE PETITION IS FILED. THE COURT MAY SCHEDULE A HEARING BY15
TELEPHONE PURSUANT TO LOCAL COURT RULE TO REAS ONABLY16
ACCOMMODATE A DISABILITY OR , IN EXCEPTIONAL CIRCUMSTANCES , TO17
PROTECT A PETITIONER FROM POTENTIAL HARM . THE COURT SHALL18
REQUIRE ASSURANCES OF THE PETITIONER 'S IDENTITY BEFORE19
CONDUCTING A TELEPHONIC HEARING . A COPY OF THE TELEPHONE20
HEARING MUST BE PROVIDED TO THE RESPONDENT PRIOR TO THE HEARING21
FOR AN EXTREME RISK PROTECTION ORDER .22
(5) (a) I
N ACCORDANCE WITH SECTION 13-14.5-105 (1), THE COURT23
SHALL SCHEDULE A HEARING WITHIN FOURTEEN DAYS AFTER THE24
ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER TO25
DETERMINE IF A THREE -HUNDRED-SIXTY-FOUR-DAY EXTREME RISK26
PROTECTION ORDER SHOULD BE ISSUED PURSUANT TO THIS ARTICLE 14.5.27
SB23-170
-7- NOTICE OF THAT HEARING DATE MUST BE INCLUDED WITH THE1
TEMPORARY EXTREME RISK PROTECTION ORDER THAT IS SERVED ON THE2
RESPONDENT. THE COURT SHALL PROVIDE NOTICE OF THE HEARING DATE3
TO THE PETITIONER.4
(b) A
NY TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED5
EXPIRES ON THE DATE AND TIME OF THE HEARING ON THE EXTREME RISK6
PROTECTION ORDER PETITION OR THE WITHDRAWAL OF THE PETITION .7
(6) A
TEMPORARY EXTREME RISK PROTECTION ORDER MUST8
INCLUDE:9
(a) A
STATEMENT OF THE GROUNDS ASSERTED FOR THE ORDER ;10
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;11
(c) T
HE DATE AND TIME THE ORDER EXPIRES ;12
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE13
PLEADING SHOULD BE FILED;14
(e) T
HE DATE AND TIME OF THE SCHEDULED HEARING ;15
(f) T
HE REQUIREMENTS FOR SURRENDER OF FIREARMS PURSUANT16
TO SECTION 13-14.5-108; AND17
(g) T
HE FOLLOWING STATEMENT :18
T
O THE SUBJECT OF THIS TEMPORARY EXTREME RISK19
PROTECTION ORDER: THIS ORDER IS VALID UNTIL THE DATE20
AND TIME NOTED ABOVE . YOU MAY NOT HAVE IN YOUR21
CUSTODY OR CONTROL A FIREARM OR PURCHASE , POSSESS,22
RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM23
WHILE THIS ORDER IS IN EFFECT. YOU MUST IMMEDIATELY24
SURRENDER TO THE (INSERT NAME OF LAW ENFORCEMENT25
AGENCY IN THE JURISDICTION WHERE THE RESPONDENT26
RESIDES) ALL FIREARMS IN YOUR CUSTODY OR POSSESSION ,27
SB23-170
-8- AND ANY CONCEALED CARRY PERMIT ISSUED TO YOU . A1
HEARING WILL BE HELD ON THE DATE AND AT THE TIME2
NOTED ABOVE TO DETERMINE IF AN EXTREME RISK3
PROTECTION ORDER SHOULD BE ISSUED. FAILURE TO APPEAR4
AT THAT HEARING MAY RESULT IN A COURT ENTERING AN5
ORDER AGAINST YOU THAT IS VALID FOR THREE HUNDRED6
SIXTY FOUR DAYS. AN ATTORNEY WILL BE APPOINTED TO7
REPRESENT YOU, OR YOU MAY SEEK THE ADVICE OF YOUR8
OWN ATTORNEY AT YOUR OWN EXPENSE AS TO ANY MATTER9
CONNECTED WITH THIS ORDER .10
(7) A
LAW ENFORCEMENT OFFICER SHALL SERVE A TEMPORARY11
EXTREME RISK PROTECTION ORDER CONCURRENTLY WITH THE NOTICE OF12
HEARING AND PETITION AND A NOTICE THAT INCLUDES REFERRALS TO13
APPROPRIATE RESOURCES, INCLUDING DOMESTIC VIOLENCE, BEHAVIORAL14
HEALTH, AND COUNSELING RESOURCES , IN THE SAME MANNER AS15
PROVIDED FOR IN SECTION 13-14.5-105 FOR SERVICE OF THE NOTICE OF16
HEARING WHERE THE RESPONDENT RESIDES .17
(8) (a) I
F THE COURT ISSUES A TEMPORARY EXTREME RISK18
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS19
FOR THE COURT'S ISSUANCE.20
(b) I
F THE COURT DECLINES TO ISSUE A TEMPORARY EXTREME RISK21
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS22
FOR THE COURT'S DENIAL.23
13-14.5-104. Petition for extreme risk protection order.24
(1) (a) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER MAY BE25
FILED BY A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A26
COMMUNITY MEMBER , OR A LAW ENFORCEMENT OFFICER OR AGENCY . IF27
SB23-170
-9- THE PETITION IS FILED BY A LAW ENFORCEMENT OFFICER OR AGENCY , A1
COUNTY OR CITY ATTORNEY SHALL REPRESENT THE OFFICER OR AGENCY2
IN ANY JUDICIAL PROCEEDING UPON REQUEST . IF THE PETITION IS FILED BY3
A FAMILY OR HOUSEHOLD MEMBER OR COMMUNITY MEMBER , THE4
PETITIONER, TO THE BEST OF THE PETITIONER'S ABILITY, SHALL NOTIFY THE5
LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE6
RESPONDENT RESIDES OF THE PETITION AND THE HEARING DATE WITH7
ENOUGH ADVANCE NOTICE TO ALLOW FOR PARTICIPATION OR8
ATTENDANCE. UPON THE FILING OF A PETITION, THE COURT SHALL APPOINT9
AN ATTORNEY TO REPRESENT THE RESPONDENT , AND THE COURT SHALL10
INCLUDE THE APPOINTMENT IN THE NOTICE OF HEARING PROVIDED TO THE11
RESPONDENT PURSUANT TO SECTION 13-14.5-105 (1)(a). THE RESPONDENT12
MAY REPLACE THE ATTORNEY WITH AN ATTORNEY OF THE RESPONDENT 'S13
OWN SELECTION AT ANY TIME AT THE RESPONDENT 'S OWN EXPENSE. THE14
COURT SHALL PAY THE ATTORNEY FEES FOR AN ATTORNEY APPOINTED FOR15
THE RESPONDENT.16
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE17
CONTRARY, A LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH18
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR AN EXTREME RISK19
PROTECTION ORDER, UPON FILING THE PETITION FOR AN EXTREME RISK20
PROTECTION ORDER, IS AUTHORIZED TO DISCLOSE PROTECTED HEALTH21
INFORMATION, OF THE RESPONDENT AS NECESSARY FOR THE FULL22
INVESTIGATION AND DISPOSITION OF THE PETITION FOR AN EXTREME RISK23
PROTECTION ORDER . WHEN DISCLOSING PROTECTED HEALTH24
INFORMATION, THE LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL25
HEALTH PROFESSIONAL SHALL MAKE REASONABLE EFFORTS TO LIMIT26
PROTECTED HEALTH INFORMATION TO THE MINIMUM NECESSARY TO27
SB23-170
-10- ACCOMPLISH THE FILING OF THE REQUEST. UPON RECEIPT OF A PETITION BY1
A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL HEALTH2
PROFESSIONAL AND FOR GOOD CAUSE SHOWN , THE COURT MAY ISSUE3
ORDERS TO OBTAIN ANY RECORDS OR DOCUMENTS RELATING TO4
DIAGNOSIS, PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS, OF THE5
RESPONDENT AS NECESSARY FOR THE FULL INVESTIGATION AND6
DISPOSITION OF THE PETITION FOR AN EXTREME RISK PROTECTION ORDER .7
T
HE COURT SHALL SEAL ALL RECORDS AND OTHER HEALTH INFORMATION8
RECEIVED THAT CONTAIN PROTECTED HEALTH INFORMATION . THE9
DECISION OF A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL10
HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE RECORDS OR11
DOCUMENTS RELATING TO THE DIAGNOSIS , PROGNOSIS, OR TREATMENT,12
AND CLINICAL RECORDS OF A RESPONDENT , WHEN MADE REASONABLY AND13
IN GOOD FAITH, MUST NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL14
LIABILITY WITH RESPECT TO THE LICENSED HEALTH -CARE PROFESSIONAL15
OR MENTAL HEALTH PROFESSIONAL .16
(2) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER MUST17
BE FILED IN THE COUNTY WHERE THE RESPONDENT RESIDES .18
(3) A
PETITION MUST:19
(a) A
LLEGE THAT THE RESPONDENT POSES A SIGNIFICANT RISK OF20
CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN THE21
RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,22
POSSESSING, OR RECEIVING A FIREARM AND MUST BE ACCOMPANIED BY AN23
AFFIDAVIT, SIGNED UNDER OATH AND PENALTY OF PERJURY , STATING THE24
SPECIFIC STATEMENTS, ACTIONS, OR FACTS THAT GIVE RISE TO A25
REASONABLE FEAR OF FUTURE DANGEROUS ACTS BY THE RESPONDENT ;26
(b) I
DENTIFY THE NUMBER , TYPES, AND LOCATIONS OF ANY27
SB23-170
-11- FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT1
OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL;2
(c) I
DENTIFY WHETHER THE RESPONDENT IS REQUIRED TO POSSESS ,3
CARRY, OR USE A FIREARM AS A CONDITION OF THE RESPONDENT 'S4
CURRENT EMPLOYMENT ;5
(d) I
DENTIFY WHETHER THERE IS A KNOWN EXISTING DOMESTIC6
ABUSE PROTECTION ORDER OR EMERGENCY PROTECTION ORDER7
GOVERNING THE PETITIONER OR RESPONDENT ;8
(e) I
DENTIFY WHETHER THERE IS A PENDING LAWSUIT , COMPLAINT,9
PETITION, OR OTHER ACTION BETWEEN THE PARTIES TO THE PETITION; AND10
(f) I
F THE PETITIONER IS NOT A LAW ENFORCEMENT AGENCY ,11
IDENTIFY WHETHER THE PETITIONER INFORMED A LOCAL LAW12
ENFORCEMENT AGENCY REGARDING THE RESPONDENT .13
(4) T
HE COURT SHALL VERIFY THE TERMS OF ANY EXISTING ORDER14
IDENTIFIED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION GOVERNING15
THE PARTIES. THE COURT MAY NOT DELAY GRANTING RELIEF BECAUSE OF16
THE EXISTENCE OF A PENDING ACTION BETWEEN THE PARTIES . A PETITION17
FOR AN EXTREME RISK PROTECTION ORDER MAY BE GRANTED WHETHER OR18
NOT THERE IS A PENDING ACTION BETWEEN THE PARTIES .19
(5) I
F THE PETITION STATES THAT DISCLOSURE OF THE PETITIONER'S20
ADDRESS WOULD RISK HARM TO THE PETITIONER OR ANY MEMBER OF THE21
PETITIONER'S FAMILY OR HOUSEHOLD, THE PETITIONER'S ADDRESS MAY BE22
OMITTED FROM ALL DOCUMENTS FILED WITH THE COURT . IF THE23
PETITIONER HAS NOT DISCLOSED AN ADDRESS PURSUANT TO THIS SECTION ,24
THE PETITIONER MUST DESIGNATE AN ALTERNATIVE ADDRESS AT WHICH25
THE RESPONDENT MAY SERVE NOTICE OF ANY MOTIONS . IF THE PETITIONER26
IS A LAW ENFORCEMENT OFFICER OR AGENCY , THE ADDRESS OF RECORD27
SB23-170
-12- MUST BE THAT OF THE LAW ENFORCEMENT AGENCY .1
(6) A
COURT OR PUBLIC AGENCY SHALL NOT CHARGE A FEE FOR2
FILING OR SERVICE OF PROCESS TO A PETITIONER SEEKING RELIEF3
PURSUANT TO THIS ARTICLE 14.5. A PETITIONER OR RESPONDENT MUST BE4
PROVIDED THE NECESSARY NUMBER OF CERTIFIED COPIES , FORMS, AND5
INSTRUCTIONAL BROCHURES FREE OF CHARGE .6
(7) A
PERSON IS NOT REQUIRED TO POST A BOND TO OBTAIN RELIEF7
IN ANY PROCEEDING PURSUANT TO THIS SECTION .8
(8) T
HE DISTRICT AND COUNTY COURTS OF THE STATE OF9
C
OLORADO HAVE JURISDICTION OVER PROCEEDINGS PURSUANT TO THIS10
ARTICLE 14.5.11
13-14.5-105. Hearings on petition - grounds for order issuance.12
(1) (a) U
PON FILING OF THE PETITION, THE COURT SHALL ORDER A13
HEARING TO BE HELD AND PROVIDE A NOTICE OF HEARING TO THE14
RESPONDENT. THE COURT MUST PROVIDE THE NOTICE OF THE HEARING NO15
LATER THAN ONE COURT DAY AFTER THE DATE OF THE EXTREME RISK16
PROTECTION ORDER PETITION. THE COURT MAY SCHEDULE A HEARING BY17
TELEPHONE PURSUANT TO LOCAL COURT RULE TO REASONABLY18
ACCOMMODATE A DISABILITY OR , IN EXCEPTIONAL CIRCUMSTANCES , TO19
PROTECT A PETITIONER FROM POTENTIAL HARM . THE COURT SHALL20
REQUIRE ASSURANCES OF THE PETITIONER 'S IDENTITY BEFORE21
CONDUCTING A TELEPHONIC HEARING .22
(b) B
EFORE THE NEXT COURT DAY , THE COURT CLERK SHALL23
FORWARD A COPY OF THE NOTICE OF HEARING AND PETITION TO THE LAW24
ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT25
RESIDES FOR SERVICE UPON THE RESPONDENT .26
(c) A
COPY OF THE NOTICE OF HEARING AND PETITION MUST BE27
SB23-170
-13- SERVED UPON THE RESPONDENT IN ACCORDANCE WITH THE RULES FOR1
SERVICE OF PROCESS AS PROVIDED IN RULE 4 OF THE COLORADO RULES OF2
CIVIL PROCEDURE OR RULE 304 OF THE COLORADO RULES OF COUNTY3
COURT CIVIL PROCEDURE. SERVICE ISSUED PURSUANT TO THIS SECTION4
TAKES PRECEDENCE OVER THE SERVICE OF OTHER DOCUMENTS , UNLESS5
THE OTHER DOCUMENTS ARE OF A SIMILAR EMERGENCY NATURE .6
(d) T
HE COURT MAY, AS PROVIDED IN SECTION 13-14.5-103, ISSUE7
A TEMPORARY EXTREME RISK PROTECTION ORDER PENDING THE HEARING8
ORDERED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. THE9
TEMPORARY EXTREME RISK PROTECTION ORDER MUST BE SERVED10
CONCURRENTLY WITH THE NOTICE OF HEARING AND PETITION .11
(2) U
PON HEARING THE MATTER, IF THE COURT FINDS BY CLEAR12
AND CONVINCING EVIDENCE , BASED ON THE EVIDENCE PRESENTED13
PURSUANT TO SUBSECTION (3) OF THIS SECTION, THAT THE RESPONDENT14
POSES A SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR15
OTHERS BY HAVING IN THE RESPONDENT 'S CUSTODY OR CONTROL A16
FIREARM OR BY PURCHASING, POSSESSING, OR RECEIVING A FIREARM, THE17
COURT SHALL ISSUE AN EXTREME RISK PROTECTION ORDER FOR A PERIOD18
OF THREE HUNDRED SIXTY-FOUR DAYS.19
(3) I
N DETERMINING WHETHER GROUNDS FOR AN EXTREME RISK20
PROTECTION ORDER EXIST, THE COURT MAY CONSIDER ANY RELEVANT21
EVIDENCE, INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING :22
(a) A
RECENT ACT OR CREDIBLE THREAT OF VIOLENCE BY THE23
RESPONDENT AGAINST SELF OR OTHERS, WHETHER OR NOT SUCH VIOLENCE24
OR CREDIBLE THREAT OF VIOLENCE INVOLVES A FIREARM ;25
(b) A
PATTERN OF ACTS OR CREDIBLE THREATS OF VIOLENCE BY26
THE RESPONDENT WITHIN THE PAST YEAR, INCLUDING BUT NOT LIMITED TO27
SB23-170
-14- ACTS OR CREDIBLE THREATS OF VIOLENCE BY THE RESPONDENT AGAINST1
SELF OR OTHERS;2
(c) A
VIOLATION BY THE RESPONDENT OF A CIVIL PROTECTION3
ORDER ISSUED PURSUANT TO ARTICLE 14 OF THIS TITLE 13;4
(d) A
PREVIOUS OR EXISTING EXTREME RISK PROTECTION ORDER5
ISSUED AGAINST THE RESPONDENT AND A VIOLATION OF A PREVIOUS OR6
EXISTING EXTREME RISK PROTECTION ORDER ;7
(e) A
CONVICTION OF THE RESPONDENT FOR A CRIME THAT8
INCLUDED AN UNDERLYING FACTUAL BASIS OF DOMESTIC VIOLENCE AS9
DEFINED IN SECTION 18-6-800.3 (1);10
(f) T
HE RESPONDENT'S OWNERSHIP, ACCESS TO, OR INTENT TO11
POSSESS A FIREARM;12
(g) A
CREDIBLE THREAT OF OR THE UNLAWFUL OR RECKLESS USE13
OF A FIREARM BY THE RESPONDENT ;14
(h) T
HE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE OF15
UNLAWFUL PHYSICAL FORCE BY THE RESPONDENT AGAINST ANOTHER16
PERSON, OR THE RESPONDENT'S HISTORY OF STALKING ANOTHER PERSON ,17
AS DESCRIBED IN SECTION 18-3-602;18
(i) A
NY PRIOR ARREST OF THE RESPONDENT FOR A CRIME LISTED19
IN SECTION 24-4.1-302 (1) OR SECTION 18-9-202;20
(j) E
VIDENCE OF THE RESPONDENT 'S ABUSE OF CONTROLLED21
SUBSTANCES OR ALCOHOL ;22
(k) W
HETHER THE RESPONDENT IS REQUIRED TO POSSESS , CARRY,23
OR USE A FIREARM AS A CONDITION OF THE RESPONDENT 'S CURRENT24
EMPLOYMENT; AND25
(l) E
VIDENCE OF RECENT ACQUISITION OF A FIREARM OR26
AMMUNITION BY THE RESPONDENT .27
SB23-170
-15- (4) THE COURT MAY:1
(a) E
XAMINE UNDER OATH THE PETITIONER, THE RESPONDENT, AND2
ANY WITNESSES THEY MAY PRODUCE , OR, IN LIEU OF EXAMINATION,3
CONSIDER SWORN AFFIDAVITS OF THE PETITIONER , THE RESPONDENT, AND4
ANY WITNESSES THEY MAY PRODUCE ; AND5
(b) R
EQUEST THAT THE COLORADO BUREAU OF INVESTIGATION6
CONDUCT A CRIMINAL HISTORY RECORD CHECK RELATED TO THE7
RESPONDENT AND PROVIDE THE RESULTS TO THE COURT UNDER SEAL .8
(5) T
HE COURT SHALL ALLOW THE PETITIONER AND RESPONDENT9
TO PRESENT EVIDENCE AND CROSS -EXAMINE WITNESSES AND BE10
REPRESENTED BY AN ATTORNEY AT THE HEARING .11
(6) I
N A HEARING PURSUANT TO THIS ARTICLE 14.5, THE RULES OF12
EVIDENCE APPLY TO THE SAME EXTENT AS IN A CIVIL PROTECTION ORDER13
PROCEEDING PURSUANT TO ARTICLE 14 OF THIS TITLE 13.14
(7) D
URING THE HEARING, THE COURT SHALL CONSIDER ANY15
AVAILABLE MENTAL HEALTH EVALUATION OR CHEMICAL DEPENDENCY16
EVALUATION PROVIDED TO THE COURT .17
(8) (a) B
EFORE ISSUING AN EXTREME RISK PROTECTION ORDER , THE18
COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS THE19
STANDARD FOR A COURT -ORDERED EVALUATION FOR PERSONS WITH20
MENTAL HEALTH DISORDERS PURSUANT TO SECTION 27-65-106. IF THE21
COURT DETERMINES THAT THE RESPONDENT M EETS THE STANDARD , THEN,22
IN ADDITION TO ISSUING AN EXTREME RISK PROTECTION ORDER , THE23
COURT SHALL ORDER MENTAL HEALTH TREATMENT AND EVALUATION24
AUTHORIZED PURSUANT TO SECTION 27-65-106 (4)(d).25
(b) B
EFORE ISSUING AN EXTREME RISK PROTECTION ORDER , THE26
COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS THE27
SB23-170
-16- STANDARD FOR AN EMERGENCY COMMITMENT PURSUANT TO SECTION1
27-81-111.
IF THE COURT DETERMINES THAT THE RESPONDENT MEETS THE2
STANDARD, THEN, IN ADDITION TO ISSUING AN EXTREME RISK PROTECTION3
ORDER, THE COURT SHALL ORDER AN EMERGENCY COMMITMENT4
PURSUANT TO SECTION 27-81-111.5
(9) A
N EXTREME RISK PROTECTION ORDER MUST INCLUDE :6
(a) A
STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF7
THE ORDER;8
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;9
(c) T
HE DATE AND TIME THE ORDER EXPIRES ;10
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE11
PLEADING SHOULD BE FILED;12
(e) T
HE REQUIREMENTS FOR RELINQUISHMENT OF A FIREARM AND13
CONCEALED CARRY PERMIT PURSUANT TO SECTION 13-14.5-108; AND14
(f) T
HE FOLLOWING STATEMENT :15
T
O THE SUBJECT OF THIS EXTREME RISK PROTECTION16
ORDER: THIS ORDER WILL LAST UNTIL THE DATE AND TIME17
NOTED ABOVE. IF YOU HAVE NOT DONE SO ALREADY , YOU18
MUST IMMEDIATELY SURRENDER ANY FIREARMS IN YOUR19
CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED20
CARRY PERMIT ISSUED TO YOU . YOU MAY NOT HAVE IN21
YOUR CUSTODY OR CONTROL A FIREARM OR PURCHASE ,22
POSSESS, RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE23
A FIREARM WHILE THIS ORDER IS IN EFFECT. YOU HAVE THE24
RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS25
ORDER DURING THE PERIOD THAT THIS ORDER IS IN EFFECT ,26
STARTING FROM THE DATE OF THIS ORDER AND CONTINUING27
SB23-170
-17- THROUGH ANY RENEWALS . YOU MAY SEEK THE ADVICE OF1
AN ATTORNEY AS TO ANY MA TTER CONNECTED WITH THIS2
ORDER.3
(10) W
HEN THE COURT ISSUES AN EXTREME RISK PROTECTION4
ORDER, THE COURT SHALL INFORM THE RESPONDENT THAT THE5
RESPONDENT IS ENTITLED TO REQUEST TERMINATION OF THE ORDER IN THE6
MANNER PRESCRIBED BY SECTION 13-14.5-107. THE COURT SHALL7
PROVIDE THE RESPONDENT WITH A FORM TO REQUEST A TERMINATION8
HEARING.9
(11) (a) I
F THE COURT ISSUES AN EXTREME RISK PROTECTION10
ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE11
COURT'S ISSUANCE.12
(b) I
F THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK13
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS14
FOR THE COURT'S DENIAL.15
(12) I
F THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK16
PROTECTION ORDER BUT ORDERED A TEMPORARY EXTREME RISK17
PROTECTION ORDER AND A LAW ENFORCEMENT AGENCY TOOK CUSTODY18
OF THE RESPONDENT'S CONCEALED CARRY PERMIT OR THE RESPONDENT19
SURRENDERED THE RESPONDENT 'S CONCEALED CARRY PERMIT AS A20
RESULT OF THE TEMPORARY EXTREME RISK PROTECTION ORDER , THE21
SHERIFF WHO ISSUED THE CONCEALED CARRY PERMIT SHALL REISSUE THE22
CONCEALED CARRY PERMIT TO THE RESPONDENT WITHIN THREE DAYS , AT23
NO CHARGE TO THE RESPONDENT .24
(13) I
F THE COURT ISSUES AN EXTREME RISK PROTECTION ORDER25
AND THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR AGENCY OR26
COMMUNITY MEMBER , THE PETITIONER SHALL MAKE A GOOD -FAITH27
SB23-170
-18- EFFORT TO PROVIDE NOTICE OF THE ORDER TO A FAMILY OR HOUSEHOLD1
MEMBER OF THE RESPONDENT AND TO ANY KNOWN THIRD PARTY WHO2
MAY BE AT DIRECT RISK OF VIOLENCE . THE NOTICE MUST INCLUDE3
REFERRALS TO APPROPRIATE RESOURCES , INCLUDING DOMESTIC VIOLENCE,4
BEHAVIORAL HEALTH, AND COUNSELING RESOURCES .5
13-14.5-106. Service of protection orders. (1) A
N EXTREME6
RISK PROTECTION ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 MUST7
BE SERVED PERSONALLY UPON THE RESPONDENT , EXCEPT AS OTHERWISE8
PROVIDED IN THIS ARTICLE 14.5.9
(2) T
HE LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE10
THE RESPONDENT RESIDES SHALL SERVE THE RESPONDENT PERSONALLY .11
(3) T
HE COURT CLERK SHALL FORWARD A COPY OF THE EXTREME12
RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 ON OR13
BEFORE THE NEXT COURT DAY TO THE LAW ENFORCEMENT AGENCY14
SPECIFIED IN THE ORDER FOR SERVICE . SERVICE OF AN ORDER ISSUED15
PURSUANT TO THIS ARTICLE 14.5 TAKES PRECEDENCE OVER THE SERVICE16
OF OTHER DOCUMENTS, UNLESS THE OTHER DOCUMENTS ARE OF A SIMILAR17
EMERGENCY NATURE .18
(4) I
F THE LAW ENFORCEMENT AGENCY CANNOT COMPLETE19
SERVICE UPON THE RESPONDENT WITHIN FIVE DAYS , THE LAW20
ENFORCEMENT AGENCY SHALL NOTIFY THE PETITIONER . THE PETITIONER21
SHALL THEN PROVIDE ANY ADDITIONAL INFORMATION REGARDING THE22
RESPONDENT'S WHEREABOUTS TO THE LAW ENFORCEMENT AGENCY TO23
EFFECT SERVICE. THE LAW ENFORCEMENT AGENCY MAY REQUEST24
ADDITIONAL TIME TO ALLOW FOR THE PROPER AND SAFE PLANNING AND25
EXECUTION OF THE COURT ORDER .26
(5) I
F AN EXTREME RISK PROTECTION ORDER ENTERED BY THE27
SB23-170
-19- COURT STATES THAT THE RESPONDENT APPEARED IN PERSON BEFORE THE1
COURT, THE NECESSITY FOR FURTHER SERVICE IS WAIVED , AND PROOF OF2
SERVICE OF THAT ORDER IS NOT NECESSARY .3
(6) R
ETURNS OF SERVICE PURSUANT TO THIS ARTICLE 14.5 MUST4
BE MADE IN ACCORDANCE WITH THE APPLICABLE COURT RULES .5
(7) I
F THE RESPONDENT IS A VETERAN AND THERE ARE ANY6
CRIMINAL CHARGES AGAINST THE RESPONDENT THAT RESULT FROM THE7
SERVICE OR ENFORCEMENT OF THE EXTREME RISK PROTECTION ORDER , THE8
JUDGE SHALL REFER THE CASE TO A VETERANS COURT IF THE JURISDICTION9
HAS A VETERANS COURT AND THE CHARGES ARE VETERANS COURT10
ELIGIBLE.11
13-14.5-107. Termination or renewal of protection orders.12
(1) Termination. (a) T
HE RESPONDENT MAY SUBMIT ONE WRITTEN13
REQUEST FOR A HEARING TO TERMINATE AN EXTREME RISK PROTECTION14
ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 FOR THE PERIOD THAT THE15
ORDER IS IN EFFECT. UPON RECEIPT OF THE REQUEST FOR A HEARING TO16
TERMINATE AN EXTREME RISK PROTECTION ORDER , THE COURT SHALL SET17
A DATE FOR A HEARING. NOTICE OF THE REQUEST AND DATE OF HEARING18
MUST BE SERVED ON THE PETITIONER IN ACCORDANCE WITH THE19
C
OLORADO RULES OF CIVIL PROCEDURE OR COLORADO RULES OF COUNTY20
COURT CIVIL PROCEDURE. THE COURT SHALL SET THE HEARING FOURTEEN21
DAYS AFTER THE FILING OF THE REQUEST FOR A HEARING TO TERMINATE22
AN EXTREME RISK PROTECTION ORDER. THE COURT SHALL TERMINATE THE23
EXTREME RISK PROTECTION ORDER IF THE RESPONDENT ESTABLISHES BY24
CLEAR AND CONVINCING EVIDENCE THAT THE RESPONDENT NO LONGER25
POSES A SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR26
OTHERS BY HAVING IN THE RESP ONDENT 'S CUSTODY OR CONTROL A27
SB23-170
-20- FIREARM OR BY PURCHASING, POSSESSING, OR RECEIVING A FIREARM. THE1
COURT MAY CONSIDER ANY RELEVANT EVIDENCE , INCLUDING EVIDENCE2
OF THE CONSIDERATIONS LISTED IN SECTION 13-14.5-105 (3).3
(b) T
HE COURT MAY CONTINUE THE HEARING IF THE COURT4
DETERMINES THAT IT CANNOT ENTER A TERMINATION ORDER AT THE5
HEARING BUT DETERMINES THAT THER E IS A STRONG POSSIBILITY THAT6
THE COURT COULD ENTER A TERMINATION ORDER AT A FUTURE DATE7
BEFORE THE EXPIRATION OF THE EXTREME RISK PROTECTION ORDER . IF8
THE COURT CONTINUES THE HEARING , THE COURT SHALL SET THE DATE9
FOR THE NEXT HEARING PRIOR TO THE DATE FOR THE EXPIRATION OF THE10
EXTREME RISK PROTECTION ORDER .11
(2) Renewal. (a) T
HE COURT SHALL NOTIFY THE PETITIONER OF12
THE IMPENDING EXPIRATION OF AN EXTREME RISK PROTECTION ORDER13
SIXTY-THREE CALENDAR DAYS BEFORE THE DATE THAT THE ORDER14
EXPIRES.15
(b) A
PETITIONER, A FAMILY OR HOUSEHOLD MEMBER OF A16
RESPONDENT, A COMMUNITY MEMBER, OR A LAW ENFORCEMENT OFFICER17
OR AGENCY MAY, BY MOTION, REQUEST A RENEWAL OF AN EXTREME RISK18
PROTECTION ORDER AT ANY TIME WITHIN SIXTY -THREE CALENDAR DAYS19
BEFORE THE EXPIRATION OF THE ORDER .20
(c) U
PON RECEIPT OF THE MOTION TO RENEW , THE COURT SHALL21
ORDER THAT A HEARING BE HELD NOT LATER THAN FOURTEEN DAYS AFTER22
THE FILING OF THE MOTION TO RENEW . THE COURT MAY SCHEDULE A23
HEARING BY TELEPHONE IN THE MANNER PRESCRIBED BY SECTION24
13-14.5-105 (1)(a). T
HE RESPONDENT MUST BE PERSONALLY SERVED IN25
THE SAME MANNER PRESCRIBED BY SECTION 13-14.5-105 (1)(b) AND26
(1)(c).27
SB23-170
-21- (d) IN DETERMINING WHETHER TO RENEW AN EXTREME RISK1
PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION , THE COURT SHALL2
CONSIDER ALL RELEVANT EVIDENCE AND FOLLOW THE SAME PROCEDURE3
AS PROVIDED IN SECTION 13-14.5-105.4
(e) I
F THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE5
THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION6
13-14.5-105
(3), THE RESPONDENT CONTINUES TO POSE A SIGNIFICANT7
RISK OF CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN THE8
RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,9
POSSESSING, OR RECEIVING A FIREARM, THE COURT SHALL RENEW THE10
ORDER FOR A PERIOD OF TIME THE COURT DEEMS APPROPRIATE , NOT TO11
EXCEED ONE YEAR. IN THE ORDER, THE COURT SHALL SET A RETURN DATE12
TO REVIEW THE ORDER NO LATER THAN THIRTY -FIVE DAYS PRIOR TO THE13
EXPIRATION OF THE ORDER. HOWEVER, IF, AFTER NOTICE, THE MOTION FOR14
RENEWAL IS UNCONTESTED AND THE PETITIONER SEEKS NO MODIFICATION15
OF THE ORDER, THE ORDER MAY BE RENEWED ON THE BASIS OF THE16
PETITIONER'S MOTION OR AFFIDAVIT, SIGNED UNDER OATH AND PENALTY17
OF PERJURY, STATING THAT THERE HAS BEEN NO MATERIAL CHANGE IN18
RELEVANT CIRCUMSTANCES SINCE THE ENTRY OF THE ORDER AND STATING19
THE REASON FOR THE REQUESTED RENEWAL .20
(3) I
F AN EXTREME RISK PROTECTION ORDER IS TERMINATED OR21
NOT RENEWED FOR ANY REASON , THE LAW ENFORCEMENT AGENCY22
STORING THE RESPONDENT'S FIREARMS SHALL PROVIDE NOTICE TO THE23
RESPONDENT REGARDING THE PROCESS FOR THE RETURN OF THE24
FIREARMS.25
13-14.5-108. Surrender of a firearm. (1) (a) U
PON ISSUANCE OF26
AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5,27
SB23-170
-22- INCLUDING A TEMPORARY EXTREME RISK PROTECTION ORDER , THE COURT1
SHALL ORDER THE RESPONDENT TO SURRENDER ALL FIREARMS BY :2
(I) S
ELLING OR TRANSFERRING POSSESSION OF THE FIREARM TO A3
FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18 U.S.C. SEC.4
923,
AS AMENDED; EXCEPT THAT THIS PROVISION MUST NOT BE5
INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS DEALER6
TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM ;7
(II) A
RRANGING FOR THE STORAGE OF THE FIREARM BY A LAW8
ENFORCEMENT AGENCY . THE LAW ENFORCEMENT AGENCY SHALL9
PRESERVE THE FIREARM IN A SUBSTANTIALLY SIMILAR CONDITION THAT10
THE FIREARM WAS IN WHEN IT WAS SURRENDERED . IF THE RESPONDENT11
DOES NOT CHOOSE THE OPTION IN SUBSECTION (1)(a)(I) OF THIS SECTION,12
A LOCAL LAW ENFORCEMENT AGENCY SHALL STORE THE FIREARM .13
(III) O
NLY FOR EITHER AN ANTIQUE FIREARM , AS DEFINED IN 1814
U.S.C. sec. 921 (a)(16),
AS AMENDED, OR A CURIO OR RELIC, AS DEFINED15
IN 27 CFR 478.11, AS AMENDED, TRANSFERRING POSSESSION OF THE16
ANTIQUE FIREARM OR CURIO OR RELIC TO A RELATIVE WHO DOES NOT LIVE17
WITH THE RESPONDENT AFTER CONFIRMING , THROUGH A CRIMINAL18
HISTORY RECORD CHECK, THE RELATIVE IS CURRENTLY ELIGIBLE TO OWN19
OR POSSESS A FIREARM UNDER FEDERAL AND STATE LAW .20
(b) T
HE COURT SHALL ORDER THE RESPONDENT TO SURRENDER21
ANY CONCEALED CARRY PERMIT TO THE LAW ENFORCEMENT OFFICER22
SERVING THE EXTREME RISK PROTECTION ORDER .23
(2) (a) T
HE LAW ENFORCEMENT AGENCY SERVING ANY EXTREME24
RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5, INCLUDING A25
TEMPORARY EXTREME RISK PROTECTION ORDER IN WHICH THE PETITIONER26
WAS NOT A LAW ENFORCEMENT AGENCY OR OFFICER , SHALL REQUEST27
SB23-170
-23- THAT THE RESPONDENT IMMEDIATELY SURRENDER ALL FIREARMS IN THE1
RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED2
CARRY PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH3
PERMITTED BY LAW FOR SUCH FIREARMS OR PERMIT . AFTER THE LAW4
ENFORCEMENT AGENCY OR OFFICER HAS CUSTODY OF THE FIREARMS , THE5
RESPONDENT MAY INFORM THE LAW ENFORCEMENT OFFICER OF THE6
RESPONDENT'S PREFERENCE FOR SALE, TRANSFER, OR STORAGE OF THE7
FIREARMS AS SPECIFIED IN SUBSECTION (1) OF THIS SECTION. IF THE8
RESPONDENT ELECTS TO SELL OR TRANSFER THE FIREARMS TO A9
FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18 U.S.C. SEC.10
923,
AS AMENDED, THE LAW ENFORCEMENT OFFICER OR AGENCY SHALL11
MAINTAIN CUSTODY OF THE FIREARMS UNTIL THEY ARE SOLD OR12
TRANSFERRED PURSUANT TO SUBSECTION (1)(a)(I) OF THIS SECTION. THE13
LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL FIREARMS14
AND ANY SUCH PERMIT BELONGING TO THE RESPONDENT THAT ARE15
SURRENDERED, IN PLAIN SIGHT, OR DISCOVERED PURSUANT TO A LAWFUL16
SEARCH. ALTERNATIVELY, IF PERSONAL SERVICE BY THE LAW17
ENFORCEMENT AGENCY IS NOT POSSIBLE , OR NOT REQUIRED BECAUSE THE18
RESPONDENT WAS PRESENT AT THE EXTREME RISK PROTECTION ORDER19
HEARING, THE RESPONDENT SHALL SURRENDER THE FIREARMS AND ANY20
CONCEALED CARRY PERMIT WITHIN TWENTY -FOUR HOURS AFTER BEING21
SERVED WITH THE ORDER BY ALTERNATE SERVICE OR WITHIN22
TWENTY-FOUR HOURS AFTER THE HEARING AT WHICH THE RESPONDENT23
WAS PRESENT.24
(b) I
F THE PETITIONER FOR AN EXTREME RISK PROTECTION ORDER25
IS A LAW ENFORCEMENT AGENCY OR OFFICER , THE LAW ENFORCEMENT26
OFFICER SERVING THE EXTREME RISK PROTECTION ORDER SHALL TAKE27
SB23-170
-24- CUSTODY OF THE RESPONDENT 'S FIREARMS PURSUANT TO THE SEARCH1
WARRANT FOR FIREARMS POSSESSED BY A RESPONDENT IN AN EXTREME2
RISK PROTECTION ORDER, AS DESCRIBED IN SECTION 16-3-301.5, IF A3
WARRANT WAS OBTAINED . AFTER THE LAW ENFORCEMENT AGENCY OR4
OFFICER HAS CUSTODY OF THE FIREARMS , THE RESPONDENT MAY INFORM5
THE LAW ENFORCEMENT OFFICER OF THE RESPONDENT 'S PREFERENCE FOR6
SALE, TRANSFER, OR STORAGE OF THE FIREARMS AS SPECIFIED IN SECTION7
13-14-105.5
(4). THE LAW ENFORCEMENT OFFICER SHALL REQUEST THAT8
THE RESPONDENT IMMEDIATELY SURRENDER ANY CONCEALED CARRY9
PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH10
PERMITTED BY LAW FOR THE PERMIT .11
(3) A
T THE TIME OF SURRENDER OR TAKING CUSTODY PURSUANT12
TO SECTION 16-3-301.5, A LAW ENFORCEMENT OFFICER TAKING13
POSSESSION OF A FIREARM OR A CONCEALED CARRY PERMIT SHALL ISSUE14
A RECEIPT IDENTIFYING ALL FIREARMS AND ANY PERMIT THAT HAVE BEEN15
SURRENDERED OR TAKEN CUSTODY OF AND PROVIDE A COPY OF THE16
RECEIPT TO THE RESPONDENT . WITHIN SEVENTY-TWO HOURS AFTER17
SERVICE OF THE ORDER, THE OFFICER SERVING THE ORDER SHALL FILE THE18
ORIGINAL RECEIPT WITH THE COURT AND SHALL ENSURE THAT THE19
OFFICER'S LAW ENFORCEMENT AGENCY RETAINS A COPY OF THE RECEIPT ,20
OR, IF THE OFFICER DID NOT TAKE CUSTODY OF ANY FIREARMS, SHALL FILE21
A STATEMENT TO THAT EFFECT WITH THE COURT .22
(4) U
PON THE SWORN STATEMENT OR TESTIMONY OF THE23
PETITIONER OR OF ANY LAW ENFORCEMENT OFFICER ALLEGING THAT24
THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT HAS FAILED TO25
COMPLY WITH THE SURRENDER OF FIREARMS OR A CONCEALED CARRY26
PERMIT AS REQUIRED BY AN ORDER ISSUED PURSUANT TO THIS ARTICLE27
SB23-170
-25- 14.5, THE COURT SHALL DETERMINE WHETHER PROBABLE CAUSE EXISTS TO1
BELIEVE THAT THE RESPONDENT HAS FAILED TO SURRENDER ALL FIREARMS2
OR A CONCEALED CARRY PERMIT IN HIS OR HER CUSTODY , THE3
RESPONDENT'S CONTROL, OR POSSESSION. IF PROBABLE CAUSE EXISTS, THE4
COURT SHALL ISSUE A SEARCH WARRANT THAT STATES WITH5
PARTICULARITY THE PLACES TO BE SEARCHED AND THE ITEMS TO BE6
TAKEN INTO CUSTODY.7
(5) I
F A PERSON OTHER THAN THE RESPONDENT CLAIMS TITLE TO8
ANY FIREARMS SURRENDERED OR TAKEN CUSTODY OF PURSUANT TO9
SECTION 16-3-301.5 PURSUANT TO THIS SECTION AND THE LAW10
ENFORCEMENT AGENCY DETERMINES THAT THE RESPONDENT IS THE11
LAWFUL OWNER OF THE FIREARM , THE FIREARM SHALL BE RETURNED TO12
THE RESPONDENT IF:13
(a) T
HE FIREARM IS REMOVED FROM THE RESPONDENT 'S CUSTODY,14
CONTROL, OR POSSESSION, AND THE LAWFUL OWNER AGREES TO STORE15
THE FIREARM SO THAT THE RESPONDENT DOES NOT HAVE ACCESS TO OR16
CONTROL OF THE FIREARM; AND17
(b) T
HE FIREARM IS NOT OTHERWISE UNLAWFULLY POSSESSED BY18
THE LAWFUL OWNER.19
(6) (a) W
ITHIN FORTY-EIGHT HOURS AFTER THE ISSUANCE OF AN20
EXTREME RISK PROTECTION ORDER , A RESPONDENT SUBJECT TO THE21
ORDER MAY EITHER:22
(I) F
ILE WITH THE COURT THAT ISSUED THE ORDER ONE OR MORE23
PROOFS OF RELINQUISHMENT OR REMOVAL SHOWING THAT ALL FIREARMS24
PREVIOUSLY IN THE RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION,25
AND ANY CONCEALED CARRY PERMIT ISSUED TO THE RESPONDENT , WERE26
RELINQUISHED TO OR REMOVED BY A LAW ENFORCEMENT AGENCY , AND27
SB23-170
-26- ATTEST TO THE COURT THAT THE RESPONDENT DOES NOT CURRENTLY1
HAVE ANY FIREARMS IN THE RESPONDENT 'S CUSTODY, CONTROL, OR2
POSSESSION, AND DOES NOT CURRENTLY HAVE A CONCEALED CARRY3
PERMIT; OR4
(II) A
TTEST TO THE COURT THAT:5
(A) A
T THE TIME THE ORDER WAS ISSUED, THE RESPONDENT DID6
NOT HAVE ANY FIREARMS IN THE RESPONDENT 'S CUSTODY, CONTROL, OR7
POSSESSION AND DID NOT HAVE A CONCEALED CARRY PERMIT ; AND8
(B) T
HE RESPONDENT DOES NOT CURRENTLY HAVE ANY FIREARMS9
IN THE RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION AND DOES NOT10
CURRENTLY HAVE A CONCEALED CARRY PERMIT .11
(b) I
F TWO FULL COURT DAYS HAVE ELAPSED SINCE THE ISSUANCE12
OF AN EXTREME RISK PROTECTION ORDER AND THE RESPONDENT HAS13
MADE NEITHER THE FILING AND ATTESTATION PURSUANT TO SUBSECTION14
(6)(a)(I)
OF THIS SECTION NOR THE ATTESTATIONS PURSUANT TO15
SUBSECTION (6)(a)(II) OF THIS SECTION, THE CLERK OF THE COURT FOR16
THE COURT THAT ISSUED THE ORDER SHALL INFORM THE LOCAL LAW17
ENFORCEMENT AGENCY IN THE COUNTY IN WHICH THE COURT IS LOCATED18
THAT THE RESPONDENT HAS NOT FILED THE FILING AND ATTESTATION19
PURSUANT TO SUBSECTION (6)(a)(I) OF THIS SECTION OR THE20
ATTESTATIONS PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION.21
(c) A
LOCAL LAW ENFORCEMENT AGENCY THAT RECEIVES A22
NOTIFICATION PURSUANT TO SUBSECTION (6)(b) OF THIS SECTION SHALL23
MAKE A GOOD FAITH EFFORT TO DETER MINE WHETHER THERE IS EVIDENCE24
THAT THE RESPONDENT HAS FAILED TO RELINQUISH ANY FIREARM IN THE25
RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION OR A CONCEALED26
CARRY PERMIT ISSUED TO THE RESPONDENT .27
SB23-170
-27- (7) THE PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL1
DEVELOP MODEL POLICIES AND PROCEDURES BY DECEMBER 1, 2019,2
REGARDING THE ACCEPTANCE , STORAGE, AND RETURN OF FIREARMS3
REQUIRED TO BE SURRENDERED PURSUANT TO THIS ARTICLE 14.5 OR4
TAKEN CUSTODY OF PURSUANT TO SECTION 16-3-301.5 AND SHALL5
PROVIDE THOSE MODEL POLICIES AND PROCEDURES TO ALL LAW6
ENFORCEMENT AGENCIES . EACH LAW ENFORCEMENT AGENCY SHALL7
ADOPT THE MODEL POLICIES AND PROCEDURES OR ADOPT THEIR OWN8
POLICIES AND PROCEDURES BY JANUARY 1, 2020.9
13-14.5-109. Firearms - return - disposal. (1) I
F AN EXTREME10
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION11
ORDER IS TERMINATED OR EXPIRES WITHOUT RENEWAL , A LAW12
ENFORCEMENT AGENCY HOLDING ANY FIREARM THAT HAS BEEN13
SURRENDERED PURSUANT TO SECTION 13-14.5-108 OR TAKEN CUSTODY OF14
PURSUANT TO SECTION 16-3-301.5, OR A FEDERALLY LICENSED FIREARMS15
DEALER DESCRIBED IN 18 U.S.C. SEC. 923, AS AMENDED, WITH CUSTODY16
OF A FIREARM, OR A RELATIVE WITH CUSTODY OF AN ANTIQUE FIREARM OR17
CURIO OR RELIC PURSUANT TO SECTION 13-14.5-108 (1)(a)(III), MUST18
RETURN THE FIREARM REQUESTED BY A RESPONDENT WITHIN THREE DAYS19
ONLY AFTER CONFIRMING, THROUGH A CRIMINAL HISTORY RECORD CHECK20
PERFORMED PURSUANT TO SECTION 24-33.5-424, THAT THE RESPONDENT21
IS CURRENTLY ELIGIBLE TO OWN OR POSSESS A FIREARM UNDER FEDERAL22
AND STATE LAW AND AFTER CONFIRMING WITH THE COURT THAT THE23
EXTREME RISK PROTECTION ORDER HAS TERMINATED OR HAS EXPIRED24
WITHOUT RENEWAL.25
(2) A
NY FIREARM SURRENDERED BY A RESPONDENT PURSUANT TO26
SECTION 13-14.5-108 OR TAKEN CUSTODY OF PURSUANT TO SECTION27
SB23-170
-28- 16-3-301.5 THAT REMAINS UNCLAIMED BY THE LAWFUL OWNER FOR AT1
LEAST ONE YEAR FROM THE DATE THE TEMPORARY EXTREME RISK2
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER EXPIRED ,3
WHICHEVER IS LATER, SHALL BE DISPOSED OF IN ACCORDANCE WITH THE4
LAW ENFORCEMENT AGENCY 'S POLICIES AND PROCEDURES FOR THE5
DISPOSAL OF FIREARMS IN POLICE CUSTODY .6
13-14.5-110. Reporting of extreme risk protection orders.7
(1) T
HE COURT CLERK SHALL ENTER ANY EXTREME RISK PROTECTION8
ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED9
PURSUANT TO THIS ARTICLE 14.5 INTO A STATEWIDE JUDICIAL10
INFORMATION SYSTEM ON THE SAME DAY THE ORDER IS ISSUED .11
(2) T
HE COURT CLERK SHALL FORWARD A COPY OF AN EXTREME12
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION13
ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 THE SAME DAY THE ORDER14
IS ISSUED TO THE COLORADO BUREAU OF INVESTIGATION AND THE LAW15
ENFORCEMENT AGENCY SPECIFIED IN THE ORDER . UPON RECEIPT OF THE16
COPY OF THE ORDER, THE COLORADO BUREAU OF INVESTIGATION SHALL17
ENTER THE ORDER INTO THE NATIONAL INSTANT CRIMINAL BACKGROUND18
CHECK SYSTEM, ANY OTHER FEDERAL OR STATE COMPUTER -BASED19
SYSTEMS USED BY LAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY20
PROHIBITED PURCHASERS OF FIREARMS , AND ANY COMPUTER -BASED21
CRIMINAL INTELLIGENCE INFORMATION SYSTEM AVAILABLE IN THIS STATE22
USED BY LAW ENFORCEMENT AGENCIES . THE ORDER MUST REMAIN IN23
EACH SYSTEM FOR THE PERIOD STATED IN THE ORDER , AND THE LAW24
ENFORCEMENT AGENCY SHALL ONLY EXPUNGE ORDERS FROM THE25
SYSTEMS THAT HAVE EXPIRED OR TERMINATED AND SHALL PROMPTLY26
REMOVE THE EXPIRED OR TERMINATED ORDERS . ENTRY INTO THE27
SB23-170
-29- COMPUTER-BASED CRIMINAL INTELLIGENCE INFORMATION SYSTEM IS1
NOTICE TO ALL LAW ENFORCEMENT AGENCIES OF THE EXISTENCE OF THE2
ORDER. THE ORDER IS FULLY ENFORCEABLE IN ANY COUNTY IN THE STATE .3
(3) T
HE ISSUING COURT SHALL, WITHIN THREE COURT DAYS AFTER4
ISSUANCE OF AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY5
EXTREME RISK PROTECTION ORDER , FORWARD ALL IDENTIFYING6
INFORMATION THE COURT HAS REGARDING THE RESPONDENT , ALONG WITH7
THE DATE THE ORDER IS ISSUED , TO THE COUNTY SHERIFF IN THE8
JURISDICTION WHERE THE RESPONDENT RESIDES . UPON RECEIPT OF THE9
INFORMATION, THE COUNTY SHERIFF SHALL DETERMINE IF THE10
RESPONDENT HAS A CONCEALED CARRY PERMIT . IF THE RESPONDENT DOES11
HAVE A CONCEALED CARRY PERMIT , THE ISSUING COUNTY SHERIFF SHALL12
IMMEDIATELY REVOKE THE PERMIT . THE RESPONDENT MAY REAPPLY FOR13
A CONCEALED CARRY PERMIT AFTER THE TEMPORARY EXTREME RISK14
PROTECTION ORDER AND EXTREME RISK PROTECTION ORDER , IF ORDERED,15
ARE NO LONGER IN EFFECT.16
(4) I
F AN EXTREME RISK PROTECTION ORDER IS TERMINATED17
BEFORE ITS EXPIRATION DATE, THE COURT CLERK SHALL FORWARD, ON THE18
SAME DAY AS THE TERMINATION ORDER , A COPY OF THE TERMINATION19
ORDER TO THE COLORADO BUREAU OF INVESTIGATION AND THE20
APPROPRIATE LAW ENFORCEMENT AGENCY SPECIFIED IN THE TERMINATION21
ORDER. UPON RECEIPT OF THE ORDER , THE COLORADO BUREAU OF22
INVESTIGATION AND THE LAW ENFORCEMENT AGENCY SHALL PROMPTLY23
REMOVE THE ORDER FROM ANY COMPUTER -BASED SYSTEM IN WHICH IT24
WAS ENTERED PURSUANT TO SUBSECTION (2) OF THIS SECTION.25
(5) U
PON THE EXPIRATION OF A TEMPORARY EXTREME RISK26
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER , THE27
SB23-170
-30- COLORADO BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT1
AGENCY SPECIFIED IN THE ORDER SHALL PROMPTLY REMOVE THE ORDER2
FROM ANY COMPUTER -BASED SYSTEM IN WHICH IT WAS ENTERED3
PURSUANT TO SUBSECTION (2) OF THIS SECTION.4
(6) A
N EXTREME RISK PROTECTION ORDER DOES NOT CONSTITUTE5
A FINDING THAT A RESPONDENT IS A PROHIBITED PERSON PURSUANT TO 186
U.S.C. sec. 922 (d)(4)
OR (g)(4). THIS SUBSECTION (6) DOES NOT ALTER7
A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK8
PROTECTION ORDER, AND A RESPONDENT SUBJECT TO A TEMPORARY9
EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK PROTECTION10
ORDER IS PROHIBITED FROM POSSESSING A FIREARM UNDER STATE LAW .11
T
HIS SUBSECTION (6) DOES NOT CHANGE THE DUTY TO ENTER A12
TEMPORARY EXTREME RISK PROTECTION ORDER OR EXTREME RISK13
PROTECTION ORDER INTO THE APPROPRIATE DATABASES PURSUANT TO14
THIS SECTION.15
13-14.5-111. Penalties. A
NY PERSON WHO HAS IN THE PERSON 'S16
CUSTODY, POSSESSION, OR CONTROL A FIREARM , OR PURCHASES,17
POSSESSES, OR RECEIVES A FIREARM WITH KNOWLEDGE THAT THE PERSON18
IS PROHIBITED FROM DOING SO BY AN EXTREME RISK PROTECTION ORDER19
OR TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO20
THIS ARTICLE 14.5 IS GUILTY OF A CLASS 2 MISDEMEANOR.21
13-14.5-112. Other authority retained. T
HIS ARTICLE 14.5 DOES22
NOT AFFECT THE ABILITY OF A LAW ENFORCEMENT OFFICER TO REMOVE A23
FIREARM OR CONCEALED CARRY PERMIT FROM A PERSON OR CONDUCT A24
SEARCH AND SEIZURE FOR ANY FIREARM PURSUANT TO OTHER LAWFUL25
AUTHORITY.26
13-14.5-113. Liability. (1)
EXCEPT AS PROVIDED IN SECTION27
SB23-170
-31- 13-14.5-111, THIS ARTICLE 14.5 DOES NOT IMPOSE CRIMINAL OR CIVIL1
LIABILITY ON ANY PERSON, INCLUDING A COMMUNITY MEMBER , OR ENTITY2
FOR ACTS OR OMISSIONS MADE IN GOOD FAITH RELATED TO OBTAINING AN3
EXTREME RISK PROTECTION ORDER OR A TEMPORARY EXTREME RISK4
PROTECTION ORDER, INCLUDING BUT NOT LIMITED TO REPORTING ,5
DECLINING TO REPORT, INVESTIGATING, DECLINING TO INVESTIGATE ,6
FILING, OR DECLINING TO FILE A PETITION PURSUANT TO THIS ARTICLE7
14.5.8
(2) T
HIS ARTICLE 14.5 DOES NOT REQUIRE A FAMILY OR9
HOUSEHOLD MEMBER OF THE RESPONDENT , A COMMUNITY MEMBER, OR A10
LAW ENFORCEMENT OFFICER OR AGENCY TO FILE A PETITION FOR A11
TEMPORARY EMERGENCY EXTREME RISK PROTECTION ORDER OR PETITION12
FOR AN EXTREME RISK PROTECTION ORDER .13
(3) A
COMMUNITY MEMBER 'S EMPLOYER SHALL NOT USE A14
COMMUNITY MEMBER 'S ACTS OR OMISSIONS MADE IN GOOD FAITH RELATED15
TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY16
EXTREME RISK PROTECTION ORDER , INCLUDING BUT NOT LIMITED TO17
REPORTING, DECLINING TO REPORT , INVESTIGATING, DECLINING TO18
INVESTIGATE, FILING, OR DECLINING TO FILE A PETITION PURSUANT TO THIS19
ARTICLE 14.5 AS A BASIS FOR DISCIPLINE OR TERMINATION.20
13-14.5-114. Instructional and informational material -21
definition. (1) (a) T
HE STATE COURT ADMINISTRATOR SHALL DEVELOP22
STANDARD PETITIONS AND EXTREME RISK PROTECTION ORDER FORMS AND23
TEMPORARY EXTREME RISK PROTECTION ORDER FORMS IN MORE THAN ONE24
LANGUAGE CONSISTENT WITH STATE JUDICIAL DEPARTMENT PRACTICES .25
T
HE STANDARD PETITION AND ORDER FORMS MUST BE USED AFTER26
J
ANUARY 1, 2020, FOR ALL PETITIONS FILED AND ORDERS ISSUED27
SB23-170
-32- PURSUANT TO THIS ARTICLE 14.5. THE STATE COURT ADMINISTRATOR MAY1
CONSULT WITH INTERESTED PARTIES IN DEVELOPING THE PETITIONS AND2
FORMS. THE MATERIALS MUST BE AVAILABLE ONLINE CONSISTENT WITH3
STATE JUDICIAL DEPARTMENT PRACTICES .4
(b) T
HE EXTREME RISK PROTECTION ORDER FORM MUST INCLUDE ,5
IN A CONSPICUOUS LOCATION, NOTICE OF CRIMINAL PENALTIES RESULTING6
FROM VIOLATION OF THE ORDER AND THE FOLLOWING STATEMENT :7
Y
OU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN8
FROM VIOLATING THIS EXTREME RISK PROTECTION ORDER 'S9
PROVISIONS. ONLY THE COURT CAN CHANGE THE ORDER10
AND ONLY UPON WRITTEN MOTION .11
(2) A
COURT CLERK FOR EACH JUDICIAL DISTRICT SHALL CREATE12
A COMMUNITY RESOURCE LIST OF CRISIS INTERVENTION , MENTAL HEALTH,13
SUBSTANCE ABUSE, INTERPRETER, COUNSELING, AND OTHER RELEVANT14
RESOURCES SERVING THE COUNTY IN WHICH THE COURT IS LOCATED . THE15
COURT SHALL MAKE THE COMMUNITY RESOURCE LIST AVAILABLE AS PART16
OF OR IN ADDITION TO THE INFORMATIONAL BROCHURES DESCRIBED IN17
SUBSECTION (1) OF THIS SECTION.18
(3) T
HE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE A19
MASTER COPY OF THE STANDARD PETITION AND EXTREME RISK20
PROTECTION ORDER FORMS TO ALL COURT CLERKS AND ALL DISTRICT AND21
COUNTY COURTS.22
(4) C
OURTS SHALL ACCEPT PETITIONS PURSUANT TO SECTIONS23
13-14.5-103
AND 13-14.5-104 BEGINNING ON JANUARY 1, 2020. 24
13-14.5-115. Effect of previous issued orders. T
HE ENACTMENT25
OF THIS SB 23-___ AND THE PROVISIONS OF THIS ARTICLE 14.526
AUTHORIZING THE COURT TO ENTER AN ORDER PURSUANT TO SECTION27
SB23-170
-33- 13-14.5-103 OR 13-14.5-104 DO NOT LIMIT, CHANGE, VOID, OR OTHERWISE1
IMPACT AN EXTREME RISK PROTECTION ORDER ENTERED BY THE COURT2
PURSUANT TO THIS ARTICLE 14.5 PRIOR TO THE EFFECTIVE DATE OF THIS3
SB
23-___. ANY SUCH ORDER REMAINS IN EFFECT UNTIL IT EXPIRES BY ITS4
OWN TERMS OR IS TERMINATED BY THE COURT .5
13-14.5-116. Severability. I
F ANY PROVISION OF THIS ARTICLE6
14.5
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS7
HELD INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR8
APPLICATIONS OF THIS ARTICLE 14.5 THAT CAN BE GIVEN EFFECT WITHOUT9
THE INVALID PROVISION OR APPLICATION , AND TO THIS END THE10
PROVISIONS OF THIS ARTICLE 14.5 ARE DECLARED TO BE SEVERABLE.11
SECTION 2. In Colorado Revised Statutes, 25-20.5-1205, add12
(3) as follows:13
25-20.5-1205. Federal grants - other funds - gifts, grants, and14
donations. (3) T
HE OFFICE SHALL EXPEND FUNDS ANNUALLY ON A PUBLIC15
EDUCATION CAMPAIGN REGARDING THE AVAILABILITY OF , AND THE16
PROCESS FOR REQUESTING , AN EXTREME RISK PROTECTION ORDER17
PURSUANT TO ARTICLE 14.5 OF TITLE 13 AND AS DESCRIBED IN SECTION18
25-20.5-1203 (2)(a).19
SECTION 3. In Colorado Revised Statutes, 13-3-101, repeal and20
reenact (13) as follows:21
13-3-101. State court administrator - report - definitions -22
repeal. (13) T
HE STATE COURT ADMINISTRATOR OR THE23
ADMINISTRATOR'S DESIGNEE SHALL PRESENT AT THE JUDICIAL24
DEPARTMENT'S HEARING PURSUANT TO SECTION 2-7-203 STATISTICS25
RELATED TO EXTREME RISK PROTECTION ORDERS IN ARTICLE 14.5 OF THIS26
TITLE 13. THE STATISTICS MUST INCLUDE THE NUMBER OF PETITIONS FILED27
SB23-170
-34- FOR TEMPORARY EXTREME RISK PROTECTION ORDERS , THE NUMBER OF1
PETITIONS FILED FOR EXTREME RISK PROTECTION ORDERS , THE NUMBER OF2
TEMPORARY EXTREME RISK PROTECTION ORDERS ISSUED AND DENIED , THE3
NUMBER OF EXTREME RISK PROTECTION ORDERS ISSUED AND DENIED , THE4
NUMBER OF TEMPORARY EXTREME RISK PROTECTION ORDERS5
TERMINATED, THE NUMBER OF EXTREME RISK PROTECTION ORDERS6
TERMINATED, AND THE NUMBER OF EXTREME RISK PROTECTION ORDERS7
RENEWED. THE STATE COURT ADMINISTRATOR OR THE ADMINISTRATOR 'S8
DESIGNEE SHALL ALSO REPORT STATE COURT DATA RELATED TO ALL9
PERSONS WHO ARE SUBJECT TO ANY TEMPORARY EMERGENCY RISK10
PROTECTION ORDER OR EMERGENCY RISK PROTECTION ORDER AND WHO ,11
WITHIN THIRTY DAYS AFTER THE ISSUANCE OR EXECUTION OF THE12
PROTECTION ORDER, ARE CHARGED WITH A CRIMINAL OFFENSE . THE13
REPORT MUST INCLUDE THE NATURE OF THE CRIMINAL OFFENSE ,14
INCLUDING BUT NOT LIMITED TO ANY OFFENSE FOR VIOLATION OF THE15
EMERGENCY RISK PROTECTION ORDER AND THE DISPOSITION OR STATUS OF16
THAT CRIMINAL OFFENSE.17
SECTION 4. In Colorado Revised Statutes, repeal and reenact,18
16-3-301.5 as follows:19
16-3-301.5. Search warrant for firearms possessed by a20
respondent in an extreme risk protection order. (1) A
NY COURT MAY21
ISSUE A SEARCH WARRANT TO SEARCH FOR AND TAKE CUSTODY OF ANY22
FIREARM IN THE POSSESSION OF A NAMED RESPONDENT IN AN EXTREME23
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION24
ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13 IF THE APPLICATION25
FOR THE WARRANT COMPLIES WITH ALL REQUIRED PROVISIONS OF SECTION26
16-3-303
AND ALSO PROVIDES FACTS SUFFICIENT TO ESTABLISH BY27
SB23-170
-35- PROBABLE CAUSE:1
(a) T
HAT THE NAMED PERSON IS A NAMED RESPONDENT IN AN2
EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK3
PROTECTION ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13; AND4
(b) T
HAT THE NAMED PERSON IS IN POSSESSION OF ONE OR MORE5
FIREARMS; AND6
(c) T
HE LOCATION OF SUCH FIREARMS; AND7
(d) A
NY OTHER INFORMATION RELIED UPON BY THE APPLICANT8
AND WHY THE APPLICANT CONSIDERS SUCH INFORMATION CREDIBLE AND9
RELIABLE.10
(2) T
HE RETURN OR DISPOSAL OF ANY FIREARM TAKEN CUSTODY11
OF PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED PURSUANT TO12
SECTION 13-14.5-109.13
SECTION 5. In Colorado Revised Statutes, 18-12-203, repeal14
and reenact (1)(g)(IV) as follows:15
18-12-203. Criteria for obtaining a permit. (1) Beginning May16
17, 2003, except as set forth in this section, a sheriff shall issue a permit17
to carry a concealed handgun to an applicant who:18
(g) Is not subject to:19
(IV) A
TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED20
PURSUANT TO SECTION 13-14.5-103 (3) OR AN EXTREME RISK PROTECTION21
ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 (2);22
SECTION 6. Safety clause. The general assembly hereby finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety.25
SB23-170
-36-