First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
March 13, 2023
SENATE
Amended 2nd Reading
March 10, 2023
SENATE SPONSORSHIP
Sullivan and Fenberg, Fields, Jaquez Lewis, Kolker, Bridges, Buckner, Coleman, Cutter,
Danielson, Exum, Ginal, Gonzales, Hansen, Marchman, Moreno, Mullica, Rodriguez, Winter
F., Zenzinger
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 OR THE RESPONDENT 'S CHILD
WITHIN SIX MONTHS BEFORE11
REQUESTING THE PROTECTION ORDER OR AN EDUCATOR WHO , THROUGH12
A DIRECT PROFESSIONAL RELATIONSHIP , INTERACTED WITH THE13
RESPONDENT OR THE RESPONDENT 'S CHILD WITHIN SIX MONTHS BEFORE14
REQUESTING THE PROTECTION ORDER .15
(2) "E
DUCATOR" MEANS A TEACHER EMPLOYED TO INSTRUCT
16
STUDENTS OR A SCHOOL ADMINISTRATOR IN A SCHOOL DISTRICT , PRIVATE17
SCHOOL, CHARTER SCHOOL INSTITUTE , OR AN INDIVIDUAL CHARTER18
SCHOOL; OR A FACULTY MEMBER AT AN INSTITUTION OF HIGHER19
EDUCATION.20
(3) "E
XTREME RISK PROTECTION ORDER " MEANS EITHER A21
TEMPORARY ORDER OR A CONTINUING ORDER GRANTED PURSUANT TO THIS22
ARTICLE 14.5.23
(4) "F
ACULTY MEMBER" MEANS A PRESIDENT, DEAN, PROFESSOR,
24
ADMINISTRATOR, INSTRUCTOR, OR RESEARCH WORKER AT AN INSTITUTION25
170-2- OF HIGHER EDUCATION.1
(5) "FAMILY OR HOUSEHOLD MEMBER " MEANS, WITH RESPECT TO2
A RESPONDENT, ANY:3
(a) P
ERSON RELATED BY BLOOD, MARRIAGE, OR ADOPTION TO THE4
RESPONDENT;5
(b) P
ERSON WHO HAS A CHILD IN COMMON WITH THE RESPONDENT ,6
REGARDLESS OF WHETHER SUCH PERSON HAS BEEN MARRIED TO THE7
RESPONDENT OR HAS LIVED TOGETHER WITH THE RESPONDENT AT ANY8
TIME;9
(c) P
ERSON WHO REGULARLY RESIDES OR REGULARLY RESIDED10
WITH THE RESPONDENT WITHIN THE LAST SIX MONTHS ;11
(d) D
OMESTIC PARTNER OF THE RESPONDENT ;12
(e) P
ERSON WHO HAS A BIOLOGICAL OR LEGAL PARENT -CHILD13
RELATIONSHIP WITH THE RESPONDENT , INCLUDING STEPPARENTS AND14
STEPCHILDREN AND GRANDPARENTS AND GRANDCHILDREN ;15
(f) P
ERSON WHO IS ACTING OR HAS ACTED AS THE RESPONDENT 'S16
LEGAL GUARDIAN; AND17
(g) P
ERSON IN ANY OTHER RELATIONSHIP DESCRIBED IN SECTION18
18-6-800.3
(2) WITH THE RESPONDENT.19
(6)
"FIREARM" HAS THE SAME MEANING AS IN SECTION 18-1-90120
(3)(h).21
(7) "L
AW ENFORCEMENT OFFICER " MEANS A PEACE OFFICER THAT
22
IS:23
(a) E
MPLOYED BY A POLITICAL SUBDIVISION OF THE STATE AND
24
CERTIFIED BY THE P.O.S.T BOARD PURSUANT TO SECTION 16-2.5-102;25
(b) A
UTHORIZED BY SECTION 16-2.5-113 WHEN ASSISTANCE IS
26
REQUESTED BY AN INDIVIDUAL OR ENTITY PURSUANT TO SECTION27
170
-3- 24-33.5-412;1
(c) A
UTHORIZED BY SECTION 16-2.5-114 AND WHO INTERACTED
2
WITH THE RESPONDENT IN THE SCOPE OF THE LAW ENFORCEMENT3
OFFICER'S OFFICIAL DUTIES;4
(d) E
MPLOYED BY A DISTRICT ATTORNEY , DESIGNATED BY A
5
DISTRICT ATTORNEY, AND AUTHORIZED BY SECTION 16-2.5-132 OR6
16-2.5-133;7
(e) E
MPLOYED BY THE DEPARTMENT OF LAW , DESIGNATED BY THE
8
ATTORNEY GENERAL , AND AUTHORIZED BY SECTION 16-2.5-128,9
16-2.5-129,
OR 16-2.5-130;
10
(f) A
UTHORIZED BY SECTION 16-2.5-136, 16-2.5-137, OR
11
16-2.5-138;12
(g) A
UTHORIZED BY SECTION 16-2.5-120; OR
13
(h) A
UTHORIZED BY SECTION 16-2.5-149.
14
(8) "LICENSED HEALTH-CARE PROFESSIONAL" MEANS A SCHOOL15
NURSE WHO HOLDS A CURRENT NURSING LICENSE THROUGH THE16
DEPARTMENT OF REGULATORY AGENCIES AND WHO HAS APPLIED FOR OR17
HOLDS A SPECIAL SERVICES LICENSE FROM THE DEPARTMENT OF18
EDUCATION PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR A PHYSICIAN,19
PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE WHO20
IS A PRIMARY PROVIDER OF HEALTH SERVICES TO A RESPONDENT ; A21
PSYCHIATRIST; OR A LICENSED EMERGENCY ROOM MEDICAL CARE22
PROVIDER, LICENSED PURSUANT TO TITLE 12.23
(9) "MENTAL HEALTH PROFESSIONAL " MEANS A PSYCHOLOGIST,24
LICENSED PROFESSIONAL SOCIAL WORKER, MARRIAGE AND FAMILY25
THERAPIST, LICENSED PROFESSIONAL COUNSELOR , OR ADDICTION26
COUNSELOR LICENSED, REGISTERED, OR CERTIFIED PURSUANT TO ARTICLE27
170
-4- 245 OF TITLE 12; A PSYCHOLOGIST CANDIDATE, CLINICAL SOCIAL WORKER1
CANDIDATE, MARRIAGE AND FAMILY THERAPIST CANDIDATE , LICENSED2
PROFESSIONAL COUNSELOR CANDIDATE , OR ADDICTION COUNSELOR3
CANDIDATE REGISTERED PURSUANT TO SECTION 12-245-304 (3),4
12-245-404
(4), 12-245-504 (4), 12-245-604 (4), OR 12-245-804 (3.7),5
RESPECTIVELY; A SCHOOL COUNSELOR WHO HOLDS A SPECIAL SERVICES
6
PROVIDER LICENSE WITH A SCHOOL COUNSELOR ENDORSEMENT ISSUED7
PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR WHO IS OTHERWISE ENDORSED8
OR ACCREDITED BY A NATIONAL ASSOCIATION TO PROVIDE SCHOOL9
COUNSELING SERVICES; SCHOOL PSYCHOLOGIST LICENSED PURSUANT TO10
SECTION 22-60.5-210; SCHOOL SOCIAL WORKER HAS OBTAINED THE11
SPECIAL SERVICES LICENSE WITH SOCIAL WORK ENDORSEMENT ISSUED12
PURSUANT TO ARTICLE 60.5 OF TITLE 22; OR AN UNLICENSED13
PSYCHOTHERAPIST REGISTERED PURSUANT TO SECTION 12-245-703.14
(10) "PETITIONER" MEANS THE PERSON WHO PETITIONS FOR AN15
EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5.16
(11) "RESPONDENT" MEANS THE PERSON WHO IS IDENTIFIED AS THE17
RESPONDENT IN A PETITION FILED PURSUANT TO THIS ARTICLE 14.5.18
13-14.5-103. Temporary extreme risk protection orders.19
(1) (a) A
FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A20
COMMUNITY MEMBER , OR A LAW ENFORCEMENT OFFICER OR AGENCY MAY21
REQUEST A TEMPORARY EXTREME RISK PROTECTION ORDER WITHOUT22
NOTICE TO THE RESPONDENT BY INCLUDING IN THE PETITION FOR THE23
EXTREME RISK PROTECTION ORDER AN AFFIDAVIT , SIGNED UNDER OATH24
AND PENALTY OF PERJURY, SUPPORTING THE ISSUANCE OF A TEMPORARY25
EXTREME RISK PROTECTION ORDER THAT SETS FORTH THE FACTS TENDING26
TO ESTABLISH THE GROUNDS OF THE PETITION OR THE REASON FOR27
170
-5- BELIEVING THEY EXIST AND , IF THE PETITIONER IS A FAMILY OR1
HOUSEHOLD MEMBER OR COMMUNITY MEMBER , ATTESTING THAT THE2
PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER OR COMMUNITY3
MEMBER. THE PETITION MUST COMPLY WITH THE REQUIREMENTS OF4
SECTION 13-14.5-104 (3). IF THE PETITIONER IS A LAW ENFORCEMENT5
OFFICER OR LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT OFFICER6
OR LAW ENFORCEMENT AGENCY SHALL CONCURRENTLY FILE A SWORN7
AFFIDAVIT FOR A SEARCH WARRANT PURSUANT TO SECTION 16-3-301.5 TO8
SEARCH FOR ANY FIREARMS IN THE POSSESSION OR CONTROL OF THE9
RESPONDENT AT A LOCATION OR LOCATIONS TO BE NAMED IN THE10
WARRANT. IF A PETITION FILED PURSUANT TO SECTION 27-65-106 IS ALSO11
FILED AGAINST THE RESPONDENT, A COURT OF COMPETENT JURISDICTION12
MAY HEAR THAT PETITION AT THE SAME TIME AS THE HEARING FOR A13
TEMPORARY EXTREME RISK PROTECTION ORDER OR THE HEARING FOR A14
CONTINUING EXTREME RISK PROTECTION ORDER .15
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE16
CONTRARY, A LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH17
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR A TEMPORARY18
EXTREME RISK PROTECTION ORDER , UPON FILING THE PETITION FOR A19
TEMPORARY EXTREME RISK PROTECTION ORDER , IS AUTHORIZED TO20
DISCLOSE PROTECTED HEALTH INFORMATION , OF THE RESPONDENT AS21
NECESSARY FOR THE FULL INVESTIGATION AND DISPOSITION OF THE22
REQUEST FOR A TEMPORARY EXTREME RISK PROTECTION ORDER . WHEN23
DISCLOSING PROTECTED HEALTH INFORMATION , THE LICENSED24
HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL SHALL25
MAKE REASONABLE EFFORTS TO LIMIT PROTECTED HEALTH INFORMATION26
TO THE MINIMUM NECESSARY TO ACCOMPLISH THE FILING OF THE27
170
-6- PETITION. UPON RECEIPT OF A PETITION BY A LICENSED HEALTH -CARE1
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL , AND FOR GOOD CAUSE2
SHOWN, THE COURT MAY ISSUE ORDERS TO OBTAIN ANY RECORDS OR3
DOCUMENTS RELATING TO DIAGNOSIS , PROGNOSIS, OR TREATMENT, AND4
CLINICAL RECORDS, OF THE RESPONDENT AS NECESSARY FOR THE FULL5
INVESTIGATION AND DISPOSITION OF THE PETITION FOR A TEMPORARY6
EXTREME RISK PROTECTION ORDER . THE COURT SHALL SEAL ALL RECORDS7
AND OTHER HEALTH INFORMATION RECEIVED THAT CONTAIN PROTECTED8
HEALTH INFORMATION . THE DECISION OF A LICENSED HEALTH -CARE9
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT10
TO DISCLOSE RECORDS OR DOCUMENTS RELATING TO THE DIAGNOSIS ,11
PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS OF A RESPONDENT ,12
WHEN MADE REASONABLY AND IN GOOD FAITH , SHALL NOT BE THE BASIS13
FOR ANY CIVIL, ADMINISTRATIVE, OR CRIMINAL LIABILITY WITH RESPECT14
TO THE LICENSED HEALTH-CARE PROFESSIONAL OR LICENSED MENTAL15
HEALTH PROFESSIONAL.16
(2) I
N CONSIDERING WHETHER TO ISSUE A TEMPORARY EXTREME17
RISK PROTECTION ORDER PURSUANT TO THIS SECTION , THE COURT SHALL18
CONSIDER ALL RELEVANT EVIDENCE, INCLUDING THE EVIDENCE DESCRIBED19
IN SECTION 13-14.5-105 (3).20
(3) I
F A COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE21
THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION22
13-14.5-105
(3), THE RESPONDENT POSES A SIGNIFICANT RISK OF CAUSING23
PERSONAL INJURY TO SELF OR OTHERS IN THE NEAR FUTURE BY HAVING IN24
THE RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,25
POSSESSING, OR RECEIVING A FIREARM , THE COURT SHALL ISSUE A26
TEMPORARY EXTREME RISK PROTECTION ORDER .27
170
-7- (4) THE COURT SHALL HOLD A TEMPORARY EXTREME RISK1
PROTECTION ORDER HEARING IN PERSON OR BY TELEPHONE ON THE DAY2
THE PETITION IS FILED OR ON THE COURT DAY IMMEDIATELY FOLLOWING3
THE DAY THE PETITION IS FILED. THE COURT MAY SCHEDULE A HEARING BY4
TELEPHONE PURSUANT TO LOCAL COURT RULE TO REASONABLY5
ACCOMMODATE A DISABILITY OR , IN EXCEPTIONAL CIRCUMSTANCES , TO6
PROTECT A PETITIONER FROM POTENTIAL HARM . THE COURT SHALL7
REQUIRE ASSURANCES OF THE PETITIONER 'S IDENTITY BEFORE8
CONDUCTING A TELEPHONIC HEARING . A COPY OF THE TELEPHONE9
HEARING MUST BE PROVIDED TO THE RESPONDENT PRIOR TO THE HEARING10
FOR AN EXTREME RISK PROTECTION ORDER .11
(5) (a) I
N ACCORDANCE WITH SECTION 13-14.5-105 (1), THE COURT12
SHALL SCHEDULE A HEARING WITHIN FOURTEEN DAYS AFTER THE13
ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER TO14
DETERMINE IF A THREE -HUNDRED-SIXTY-FOUR-DAY EXTREME RISK15
PROTECTION ORDER SHOULD BE ISSUED PURSUANT TO THIS ARTICLE 14.5.16
N
OTICE OF THAT HEARING DATE MUST BE INCLUDED WITH THE17
TEMPORARY EXTREME RISK PROTECTION ORDER THAT IS SERVED ON THE18
RESPONDENT. THE COURT SHALL PROVIDE NOTICE OF THE HEARING DATE19
TO THE PETITIONER.20
(b) A
NY TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED21
EXPIRES ON THE DATE AND TIME OF THE HEARING ON THE EXTREME RISK22
PROTECTION ORDER PETITION OR THE WITHDRAWAL OF THE PETITION .23
(6) A
TEMPORARY EXTREME RISK PROTECTION ORDER MUST24
INCLUDE:25
(a) A
STATEMENT OF THE GROUNDS ASSERTED FOR THE ORDER ;26
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;27
170
-8- (c) THE DATE AND TIME THE ORDER EXPIRES ;1
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE2
PLEADING SHOULD BE FILED;3
(e) T
HE DATE AND TIME OF THE SCHEDULED HEARING ;4
(f) T
HE REQUIREMENTS FOR SURRENDER OF FIREARMS PURSUANT5
TO SECTION 13-14.5-108; AND6
(g) T
HE FOLLOWING STATEMENT :7
T
O THE SUBJECT OF THIS TEMPORARY EXTREME RISK8
PROTECTION ORDER: THIS ORDER IS VALID UNTIL THE DATE9
AND TIME NOTED ABOVE . YOU MAY NOT HAVE IN YOUR10
CUSTODY OR CONTROL A FIREARM OR PURCHASE , POSSESS,11
RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM12
WHILE THIS ORDER IS IN EFFECT. YOU MUST IMMEDIATELY13
SURRENDER TO THE (INSERT NAME OF LAW ENFORCEMENT14
AGENCY IN THE JURISDICTION WHERE THE RESPONDENT15
RESIDES) ALL FIREARMS IN YOUR CUSTODY OR POSSESSION ,16
AND ANY CONCEALED CARRY PERMIT ISSUED TO YOU . A17
HEARING WILL BE HELD ON THE DATE AND AT THE TIME18
NOTED ABOVE TO DETERMINE IF AN EXTREME RISK19
PROTECTION ORDER SHOULD BE ISSUED. FAILURE TO APPEAR20
AT THAT HEARING MAY RESULT IN A COURT ENTERING AN21
ORDER AGAINST YOU THAT IS VALID FOR THREE HUNDRED22
SIXTY FOUR DAYS. AN ATTORNEY WILL BE APPOINTED TO23
REPRESENT YOU, OR YOU MAY SEEK THE ADVICE OF YOUR24
OWN ATTORNEY AT YOUR OWN EXPENSE AS TO ANY MATTER25
CONNECTED WITH THIS ORDER .26
(7) A
LAW ENFORCEMENT OFFICER SHALL SERVE A TEMPORARY27
170
-9- EXTREME RISK PROTECTION ORDER CONCURRENTLY WITH THE NOTICE OF1
HEARING AND PETITION AND A NOTICE THAT INCLUDES REFERRALS TO2
APPROPRIATE RESOURCES, INCLUDING DOMESTIC VIOLENCE, BEHAVIORAL3
HEALTH, AND COUNSELING RESOURCES , IN THE SAME MANNER AS4
PROVIDED FOR IN SECTION 13-14.5-105 FOR SERVICE OF THE NOTICE OF5
HEARING WHERE THE RESPONDENT RESIDES .6
(8) (a) I
F THE COURT ISSUES A TEMPORARY EXTREME RISK7
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS8
FOR THE COURT'S ISSUANCE.9
(b) I
F THE COURT DECLINES TO ISSUE A TEMPORARY EXTREME RISK10
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS11
FOR THE COURT'S DENIAL.12
13-14.5-104. Petition for extreme risk protection order.13
(1) (a) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER MAY BE14
FILED BY A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A15
COMMUNITY MEMBER , OR A LAW ENFORCEMENT OFFICER OR AGENCY . IF16
THE PETITION IS FILED BY A LAW ENFORCEMENT OFFICER OR AGENCY , A17
COUNTY OR CITY ATTORNEY SHALL REPRESENT THE OFFICER OR AGENCY18
IN ANY JUDICIAL PROCEEDING UPON REQUEST . IF THE PETITION IS FILED BY19
A FAMILY OR HOUSEHOLD MEMBER OR COMMUNITY MEMBER , THE20
PETITIONER, TO THE BEST OF THE PETITIONER'S ABILITY, SHALL NOTIFY THE21
LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE22
RESPONDENT RESIDES OF THE PETITION AND THE HEARING DATE WITH23
ENOUGH ADVANCE NOTICE TO ALLOW FOR PARTICIPATION OR24
ATTENDANCE. UPON THE FILING OF A PETITION, THE COURT SHALL APPOINT25
AN ATTORNEY TO REPRESENT THE RESPONDENT , AND THE COURT SHALL26
INCLUDE THE APPOINTMENT IN THE NOTICE OF HEARING PROVIDED TO THE27
170
-10- RESPONDENT PURSUANT TO SECTION 13-14.5-105 (1)(a). THE RESPONDENT1
MAY REPLACE THE ATTORNEY WITH AN ATTORNEY OF THE RESPONDENT 'S2
OWN SELECTION AT ANY TIME AT THE RESPONDENT 'S OWN EXPENSE. THE3
COURT SHALL PAY THE ATTORNEY FEES FOR AN ATTORNEY APPOINTED FOR4
THE RESPONDENT.5
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE6
CONTRARY, A LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH7
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR AN EXTREME RISK8
PROTECTION ORDER, UPON FILING THE PETITION FOR AN EXTREME RISK9
PROTECTION ORDER, IS AUTHORIZED TO DISCLOSE PROTECTED HEALTH10
INFORMATION, OF THE RESPONDENT AS NECESSARY FOR THE FULL11
INVESTIGATION AND DISPOSITION OF THE PETITION FOR AN EXTREME RISK12
PROTECTION ORDER . WHEN DISCLOSING PROTECTED HEALTH13
INFORMATION, THE LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL14
HEALTH PROFESSIONAL SHALL MAKE REASONABLE EFFORTS TO LIMIT15
PROTECTED HEALTH INFORMATION TO THE MINIMUM NECESSARY TO16
ACCOMPLISH THE FILING OF THE REQUEST. UPON RECEIPT OF A PETITION BY17
A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL HEALTH18
PROFESSIONAL AND FOR GOOD CAUSE SHOWN , THE COURT MAY ISSUE19
ORDERS TO OBTAIN ANY RECORDS OR DOCUMENTS RELATING TO20
DIAGNOSIS, PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS, OF THE21
RESPONDENT AS NECESSARY FOR THE FULL INVESTIGATION AND22
DISPOSITION OF THE PETITION FOR AN EXTREME RISK PROTECTION ORDER .23
T
HE COURT SHALL SEAL ALL RECORDS AND OTHER HEALTH INFORMATION24
RECEIVED THAT CONTAIN PROTECTED HEALTH INFORMATION . THE25
DECISION OF A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL26
HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE RECORDS OR27
170
-11- DOCUMENTS RELATING TO THE DIAGNOSIS , PROGNOSIS, OR TREATMENT,1
AND CLINICAL RECORDS OF A RESPONDENT , WHEN MADE REASONABLY AND2
IN GOOD FAITH, MUST NOT BE THE BASIS FOR ANY CIVIL, ADMINISTRATIVE,3
OR CRIMINAL LIABILITY WITH RESPECT TO THE LICENSED HEALTH -CARE4
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL .5
(2) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER MUST6
BE FILED IN THE COUNTY WHERE THE RESPONDENT RESIDES .7
(3) A
PETITION MUST:8
(a) A
LLEGE THAT THE RESPONDENT POSES A SIGNIFICANT RISK OF9
CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN THE10
RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,11
POSSESSING, OR RECEIVING A FIREARM AND MUST BE ACCOMPANIED BY AN12
AFFIDAVIT, SIGNED UNDER OATH AND PENALTY OF PERJURY , STATING THE13
SPECIFIC STATEMENTS, ACTIONS, OR FACTS THAT GIVE RISE TO A14
REASONABLE FEAR OF FUTURE DANGEROUS ACTS BY THE RESPONDENT ;15
(b) I
DENTIFY THE NUMBER , TYPES, AND LOCATIONS OF ANY16
FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT17
OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL;18
(c) I
DENTIFY WHETHER THE RESPONDENT IS REQUIRED TO POSSESS ,19
CARRY, OR USE A FIREARM AS A CONDITION OF THE RESPONDENT 'S20
CURRENT EMPLOYMENT ;21
(d) I
DENTIFY WHETHER THERE IS A KNOWN EXISTING DOMESTIC22
ABUSE PROTECTION ORDER OR EMERGENCY PROTECTION ORDER23
GOVERNING THE PETITIONER OR RESPONDENT ;24
(e) I
DENTIFY WHETHER THERE IS A PENDING LAWSUIT , COMPLAINT,25
PETITION, OR OTHER ACTION BETWEEN THE PARTIES TO THE PETITION; AND26
(f) I
F THE PETITIONER IS NOT A LAW ENFORCEMENT AGENCY ,27
170
-12- IDENTIFY WHETHER THE PETITIONER INFORMED A LOCAL LAW1
ENFORCEMENT AGENCY REGARDING THE RESPONDENT .2
(4) T
HE COURT SHALL VERIFY THE TERMS OF ANY EXISTING ORDER3
IDENTIFIED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION GOVERNING4
THE PARTIES. THE COURT MAY NOT DELAY GRANTING RELIEF BECAUSE OF5
THE EXISTENCE OF A PENDING ACTION BETWEEN THE PARTIES . A PETITION6
FOR AN EXTREME RISK PROTECTION ORDER MAY BE GRANTED WHETHER OR7
NOT THERE IS A PENDING ACTION BETWEEN THE PARTIES .8
(5) I
F THE PETITION STATES THAT DISCLOSURE OF THE PETITIONER'S9
ADDRESS WOULD RISK HARM TO THE PETITIONER OR ANY MEMBER OF THE10
PETITIONER'S FAMILY OR HOUSEHOLD, THE PETITIONER'S ADDRESS MAY BE11
OMITTED FROM ALL DOCUMENTS FILED WITH THE COURT . IF THE12
PETITIONER HAS NOT DISCLOSED AN ADDRESS PURS UANT TO THIS SECTION ,13
THE PETITIONER MUST DESIGNATE AN ALTERNATIVE ADDRESS AT WHICH14
THE RESPONDENT MAY SERVE NOTICE OF ANY MOTIONS . IF THE PETITIONER15
IS A LAW ENFORCEMENT OFFICER OR AGENCY , THE ADDRESS OF RECORD16
MUST BE THAT OF THE LAW ENFORCEMENT AGENCY .17
(6) A
COURT OR PUBLIC AGENCY SHALL NOT CHARGE A FEE FOR18
FILING OR SERVICE OF PROCESS TO A PETITIONER SEEKING RELIEF19
PURSUANT TO THIS ARTICLE 14.5. A PETITIONER OR RESPONDENT MUST BE20
PROVIDED THE NECESSARY NUMBER OF CERTIFIED COPIES , FORMS, AND21
INSTRUCTIONAL BROCHURES FREE OF CHARGE .22
(7) A
PERSON IS NOT REQUIRED TO POST A BOND TO OBTAIN RELIEF23
IN ANY PROCEEDING PURSUANT TO THIS SECTION .24
(8) T
HE DISTRICT AND COUNTY COURTS OF THE STATE OF25
C
OLORADO HAVE JURISDICTION OVER PROCEEDINGS PURS UANT TO THIS26
ARTICLE 14.5.27
170
-13- 13-14.5-105. Hearings on petition - grounds for order issuance.1
(1) (a) U
PON FILING OF THE PETITION, THE COURT SHALL ORDER A2
HEARING TO BE HELD AND PROVIDE A NOTICE OF HEARING TO THE3
RESPONDENT. THE COURT MUST PROVIDE THE NOTICE OF THE HEARING NO4
LATER THAN ONE COURT DAY AFTER THE DATE OF THE EXTREME RISK5
PROTECTION ORDER PETITION. THE COURT MAY SCHEDULE A HEARING BY6
TELEPHONE PURS UANT TO LOCAL COURT RULE TO REAS ONABLY7
ACCOMMODATE A DISABILITY OR , IN EXCEPTIONAL CIRCUMSTANCES , TO8
PROTECT A PETITIONER FROM POTENTIAL HARM . THE COURT SHALL9
REQUIRE ASSURANCES OF THE PETITIONER 'S IDENTITY BEFORE10
CONDUCTING A TELEPHONIC HEARING .11
(b) B
EFORE THE NEXT COURT DAY , THE COURT CLERK SHALL12
FORWARD A COPY OF THE NOTICE OF HEARING AND PETITION TO THE LAW13
ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT14
RESIDES FOR SERVICE UPON THE RESPONDENT .15
(c) A
COPY OF THE NOTICE OF HEARING AND PETITION MUST BE16
SERVED UPON THE RESPONDENT IN ACCORDANCE WITH THE RULES FOR17
SERVICE OF PROCESS AS PROVIDED IN RULE 4 OF THE COLORADO RULES OF18
CIVIL PROCEDURE OR RULE 304 OF THE COLORADO RULES OF COUNTY19
COURT CIVIL PROCEDURE. SERVICE ISSUED PURSUANT TO THIS SECTION20
TAKES PRECEDENCE OVER THE SERVICE OF OTHER DOCUMENTS , UNLESS21
THE OTHER DOCUMENTS ARE OF A SIMILAR EMERGENCY NATURE .22
(d) T
HE COURT MAY, AS PROVIDED IN SECTION 13-14.5-103, ISSUE23
A TEMPORARY EXTREME RISK PROTECTION ORDER PENDING THE HEARING24
ORDERED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. THE25
TEMPORARY EXTREME RISK PROTECTION ORDER MUST BE SERVED26
CONCURRENTLY WITH THE NOTICE OF HEARING AND PETITION .27
170
-14- (2) UPON HEARING THE MATTER, IF THE COURT FINDS BY CLEAR1
AND CONVINCING EVIDENCE , BASED ON THE EVIDENCE PRESENTED2
PURSUANT TO SUBSECTION (3) OF THIS SECTION, THAT THE RESPONDENT3
POSES A SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR4
OTHERS BY HAVING IN THE RESPONDENT 'S CUSTODY OR CONTROL A5
FIREARM OR BY PURCHASING, POSSESSING, OR RECEIVING A FIREARM, THE6
COURT SHALL ISSUE AN EXTREME RISK PROTECTION ORDER FOR A PERIOD7
OF THREE HUNDRED SIXTY-FOUR DAYS.8
(3) I
N DETERMINING WHETHER GROUNDS FOR AN EXTREME RISK9
PROTECTION ORDER EXIST, THE COURT MAY CONSIDER ANY RELEVANT10
EVIDENCE, INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING :11
(a) A
RECENT ACT OR CREDIBLE THREAT OF VIOLENCE BY THE12
RESPONDENT AGAINST SELF OR OTHERS , WHETHER OR NOT SUCH VIOLENCE13
OR CREDIBLE THREAT OF VIOLENCE INVOLVES A FIREARM ;14
(b) A
PATTERN OF ACTS OR CREDIBLE THREATS OF VIOLENCE BY15
THE RESPONDENT WITHIN THE PAST YEAR, INCLUDING BUT NOT LIMITED TO16
ACTS OR CREDIBLE THREATS OF VIOLENCE BY THE RESPONDENT AGAINST17
SELF OR OTHERS;18
(c) A
VIOLATION BY THE RESPONDENT OF A CIVIL PROTECTION19
ORDER ISSUED PURSUANT TO ARTICLE 14 OF THIS TITLE 13;20
(d) A
PREVIOUS OR EXISTING EXTREME RISK PROTECTION ORDER21
ISSUED AGAINST THE RESPONDENT AND A VIOLATION OF A PREVIOUS OR22
EXISTING EXTREME RISK PROTECTION ORDER ;23
(e) A
CONVICTION OF THE RESPONDENT FOR A CRIME THAT24
INCLUDED AN UNDERLYING FACTUAL BASIS OF DOMESTIC VIOLENCE AS25
DEFINED IN SECTION 18-6-800.3 (1);26
(f) T
HE RESPONDENT'S OWNERSHIP, ACCESS TO, OR INTENT TO27
170
-15- POSSESS A FIREARM;1
(g) A
CREDIBLE THREAT OF OR THE UNLAWFUL OR RECKLESS USE2
OF A FIREARM BY THE RESPONDENT ;3
(h) T
HE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE OF4
UNLAWFUL PHYSICAL FORCE BY THE RESPONDENT AGAINST ANOTHER5
PERSON, OR THE RESPONDENT'S HISTORY OF STALKING ANOTHER PERSON ,6
AS DESCRIBED IN SECTION 18-3-602;7
(i) A
NY PRIOR ARREST OF THE RESPONDENT FOR A CRIME LISTED8
IN SECTION 24-4.1-302 (1) OR SECTION 18-9-202;9
(j) E
VIDENCE OF THE RESPONDENT 'S ABUSE OF CONTROLLED10
SUBSTANCES OR ALCOHOL ;11
(k) W
HETHER THE RESPONDENT IS REQUIRED TO POSSESS , CARRY,12
OR USE A FIREARM AS A CONDITION OF THE RESPONDENT 'S CURRENT13
EMPLOYMENT; AND14
(l) E
VIDENCE OF RECENT ACQUISITION OF A FIREARM OR15
AMMUNITION BY THE RESPONDENT .16
(4) T
HE COURT MAY:17
(a) E
XAMINE UNDER OATH THE PETITIONER, THE RESPONDENT, AND18
ANY WITNESSES THEY MAY PRODUCE , OR, IN LIEU OF EXAMINATION,19
CONSIDER SWORN AFFIDAVITS OF THE PETITIONER , THE RESPONDENT, AND20
ANY WITNESSES THEY MAY PRODUCE ; AND21
(b) R
EQUEST THAT THE COLORADO BUREAU OF INVESTIGATION22
CONDUCT A CRIMINAL HISTORY RECORD CHECK RELATED TO THE23
RESPONDENT AND PROVIDE THE RESULTS TO THE COURT UNDER SEAL .24
(5) T
HE COURT SHALL ALLOW THE PETITIONER AND RESPONDENT25
TO PRESENT EVIDENCE AND CROSS -EXAMINE WITNESSES AND BE26
REPRESENTED BY AN ATTORNEY AT THE HEARING .27
170
-16- (6) IN A HEARING PURSUANT TO THIS ARTICLE 14.5, THE RULES OF1
EVIDENCE APPLY TO THE SAME EXTENT AS IN A CIVIL PROTECTION ORDER2
PROCEEDING PURSUANT TO ARTICLE 14 OF THIS TITLE 13.3
(7) D
URING THE HEARING, THE COURT SHALL CONSIDER ANY4
AVAILABLE MENTAL HEALTH EVALUATION OR CHEMICAL DEPENDENCY5
EVALUATION PROVIDED TO THE COURT .6
(8) (a) B
EFORE ISSUING AN EXTREME RISK PROTECTION ORDER , THE7
COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS THE8
STANDARD FOR A COURT -ORDERED EVALUATION FOR PERSONS WITH9
MENTAL HEALTH DISORDERS PURSUANT TO SECTION 27-65-106. IF THE10
COURT DETERMINES THAT THE RESPONDENT M EETS THE STANDARD , THEN,11
IN ADDITION TO ISSUING AN EXTREME RISK PROTECTION ORDER , THE12
COURT SHALL ORDER MENTAL HEALTH TREATMENT AND EVALUATION13
AUTHORIZED PURSUANT TO SECTION 27-65-106 (4)(d).14
(b) B
EFORE ISSUING AN EXTREME RISK PROTECTION ORDER , THE15
COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS THE16
STANDARD FOR AN EMERGENCY COMMITMENT PURSUANT TO SECTION17
27-81-111.
IF THE COURT DETERMINES THAT THE RESPONDENT MEETS THE18
STANDARD, THEN, IN ADDITION TO ISSUING AN EXTREME RISK PROTECTION19
ORDER, THE COURT SHALL ORDER AN EMERGENCY COMMITMENT20
PURSUANT TO SECTION 27-81-111.21
(9) A
N EXTREME RISK PROTECTION ORDER MUST INCLUDE :22
(a) A
STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF23
THE ORDER;24
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;25
(c) T
HE DATE AND TIME THE ORDER EXPIRES ;26
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE27
170
-17- PLEADING SHOULD BE FILED;1
(e) T
HE REQUIREMENTS FOR RELINQUISHMENT OF A FIREARM AND2
CONCEALED CARRY PERMIT PURSUANT TO SECTION 13-14.5-108; AND3
(f) T
HE FOLLOWING STATEMENT :4
T
O THE SUBJECT OF THIS EXTREME RISK PROTECTION5
ORDER: THIS ORDER WILL LAST UNTIL THE DATE AND TIME6
NOTED ABOVE. IF YOU HAVE NOT DONE SO ALREADY , YOU7
MUST IMMEDIATELY SURRENDER ANY FIREARMS IN YOUR8
CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED9
CARRY PERMIT ISSUED TO YOU . YOU MAY NOT HAVE IN10
YOUR CUSTODY OR CONTROL A FIREARM OR PURCHASE ,11
POSSESS, RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE12
A FIREARM WHILE THIS ORDER IS IN EFFECT. YOU HAVE THE13
RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS14
ORDER DURING THE PERIOD THAT THIS ORDER IS IN EFFECT ,15
STARTING FROM THE DATE OF THIS ORDER AND CONTINUING16
THROUGH ANY RENEWALS . YOU MAY SEEK THE ADVICE OF17
AN ATTORNEY AS TO ANY MA TTER CONNECTED WITH THIS18
ORDER.19
(10) W
HEN THE COURT ISSUES AN EXTREME RISK PROTECTION20
ORDER, THE COURT SHALL INFORM THE RESPONDENT THAT THE21
RESPONDENT IS ENTITLED TO REQUEST TERMINATION OF THE ORDER IN THE22
MANNER PRESCRIBED BY SECTION 13-14.5-107. THE COURT SHALL23
PROVIDE THE RESPONDENT WITH A FORM TO REQUEST A TERMINATION24
HEARING.25
(11) (a) I
F THE COURT ISSUES AN EXTREME RISK PROTECTION26
ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE27
170
-18- COURT'S ISSUANCE.1
(b) I
F THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK2
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS3
FOR THE COURT'S DENIAL.4
(12) I
F THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK5
PROTECTION ORDER BUT ORDERED A TEMPORARY EXTREME RISK6
PROTECTION ORDER AND A LAW ENFORCEMENT AGENCY TOOK CUSTODY7
OF THE RESPONDENT'S CONCEALED CARRY PERMIT OR THE RESPONDENT8
SURRENDERED THE RESPONDENT 'S CONCEALED CARRY PERMIT AS A9
RESULT OF THE TEMPORARY EXTREME RISK PROTECTION ORDER , THE10
SHERIFF WHO ISSUED THE CONCEALED CARRY PERMIT SHALL REISSUE THE11
CONCEALED CARRY PERMIT TO THE RESPONDENT WITHIN THREE DAYS , AT12
NO CHARGE TO THE RESPONDENT .13
(13) I
F THE COURT ISSUES AN EXTREME RISK PROTECTION ORDER14
AND THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR AGENCY OR15
COMMUNITY MEMBER , THE PETITIONER SHALL MAKE A GOOD -FAITH16
EFFORT TO PROVIDE NOTICE OF THE ORDER TO A FAMILY OR HOUSEHOLD17
MEMBER OF THE RESPONDENT AND TO ANY KNOWN THIRD PARTY WHO18
MAY BE AT DIRECT RISK OF VIOLENCE . THE NOTICE MUST INCLUDE19
REFERRALS TO APPROPRIATE RESOURCES , INCLUDING DOMESTIC VIOLENCE,20
BEHAVIORAL HEALTH, AND COUNSELING RESOURCES .21
13-14.5-106. Service of protection orders. (1) A
N EXTREME22
RISK PROTECTION ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 MUST23
BE SERVED PERSONALLY UPON THE RESPONDENT , EXCEPT AS OTHERWISE24
PROVIDED IN THIS ARTICLE 14.5.25
(2) T
HE LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE26
THE RESPONDENT RESIDES SHALL SERVE THE RESPONDENT PERSONALLY .27
170
-19- (3) THE COURT CLERK SHALL FORWARD A COPY OF THE EXTREME1
RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 ON OR2
BEFORE THE NEXT COURT DAY TO THE LAW ENFORCEMENT AGENCY3
SPECIFIED IN THE ORDER FOR SERVICE . SERVICE OF AN ORDER ISSUED4
PURSUANT TO THIS ARTICLE 14.5 TAKES PRECEDENCE OVER THE SERVICE5
OF OTHER DOCUMENTS, UNLESS THE OTHER DOCUMENTS ARE OF A SIMILAR6
EMERGENCY NATURE .7
(4) I
F THE LAW ENFORCEMENT AGENCY CANNOT COMPLETE8
SERVICE UPON THE RESPONDENT WITHIN FIVE DAYS , THE LAW9
ENFORCEMENT AGENCY SHALL NOTIFY THE PETITIONER . THE PETITIONER10
SHALL THEN PROVIDE ANY ADDITIONAL INFORMATION REGARDING THE11
RESPONDENT'S WHEREABOUTS TO THE LAW ENFORCEMENT AGENCY TO12
EFFECT SERVICE. THE LAW ENFORCEMENT AGENCY MAY REQUEST13
ADDITIONAL TIME TO ALLOW FOR THE PROPER AND SAFE PLANNING AND14
EXECUTION OF THE COURT ORDER .15
(5) I
F AN EXTREME RISK PROTECTION ORDER ENTERED BY THE16
COURT STATES THAT THE RESPONDENT APPEARED IN PERSON BEFORE THE17
COURT, THE NECESSITY FOR FURTHER SERVICE IS WAIVED , AND PROOF OF18
SERVICE OF THAT ORDER IS NOT NECESSARY .19
(6) R
ETURNS OF SERVICE PURSUANT TO THIS ARTICLE 14.5 MUST20
BE MADE IN ACCORDANCE WITH THE APPLICABLE COURT RULES .21
(7) I
F THE RESPONDENT IS A VETERAN AND THERE ARE ANY22
CRIMINAL CHARGES AGAINST THE RESPONDENT THAT RESULT FROM THE23
SERVICE OR ENFORCEMENT OF THE EXTREME RISK PROTECTION ORDER , THE24
JUDGE SHALL REFER THE CASE TO A VETERANS COURT IF THE JURISDICTION25
HAS A VETERANS COURT AND THE CHARGES ARE VETERANS COURT26
ELIGIBLE.27
170
-20- 13-14.5-107. Termination or renewal of protection orders.1
(1) Termination. (a) T
HE RESPONDENT MAY SUBMIT ONE WRITTEN2
REQUEST FOR A HEARING TO TERMINATE AN EXTREME RISK PROTECTION3
ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 FOR THE PERIOD THAT THE4
ORDER IS IN EFFECT. UPON RECEIPT OF THE REQUEST FOR A HEARING TO5
TERMINATE AN EXTREME RISK PROTECTION ORDER , THE COURT SHALL SET6
A DATE FOR A HEARING. NOTICE OF THE REQUEST AND DATE OF HEARING7
MUST BE SERVED ON THE PETITIONER IN ACCORDANCE WITH THE8
C
OLORADO RULES OF CIVIL PROCEDURE OR COLORADO RULES OF COUNTY9
COURT CIVIL PROCEDURE. THE COURT SHALL SET THE HEARING FOURTEEN10
DAYS AFTER THE FILING OF THE REQUEST FOR A HEARING TO TERMINATE11
AN EXTREME RISK PROTECTION ORDER. THE COURT SHALL TERMINATE THE12
EXTREME RISK PROTECTION ORDER IF THE RESPONDENT ESTABLISHES BY13
CLEAR AND CONVINCING EVIDENCE THAT THE RESPONDENT NO LONGER14
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 MAY CONSIDER ANY RELEVANT EVIDENCE , INCLUDING EVIDENCE18
OF THE CONSIDERATIONS LISTED IN SECTION 13-14.5-105 (3).19
(b) T
HE COURT MAY CONTINUE THE HEARING IF THE COURT20
DETERMINES THAT IT CANNOT ENTER A TERMINATION ORDER AT THE21
HEARING BUT DETERMINES THAT THER E IS A STRONG POSSIBILITY THAT22
THE COURT COULD ENTER A TERMINATION ORDER AT A FUTURE DATE23
BEFORE THE EXPIRATION OF THE EXTREME RISK PROTECTION ORDER . IF24
THE COURT CONTINUES THE HEARING , THE COURT SHALL SET THE DATE25
FOR THE NEXT HEARING PRIOR TO THE DATE FOR THE EXPIRATION OF THE26
EXTREME RISK PROTECTION ORDER .27
170
-21- (2) Renewal. (a) T HE COURT SHALL NOTIFY THE PETITIONER OF1
THE IMPENDING EXPIRATION OF AN EXTREME RISK PROTECTION ORDER2
SIXTY-THREE CALENDAR DAYS BEFORE THE DATE THAT THE ORDER3
EXPIRES.4
(b) A
PETITIONER, A FAMILY OR HOUSEHOLD MEMBER OF A5
RESPONDENT, A COMMUNITY MEMBER, OR A LAW ENFORCEMENT OFFICER6
OR AGENCY MAY, BY MOTION, REQUEST A RENEWAL OF AN EXTREME RISK7
PROTECTION ORDER AT ANY TIME WITHIN SIXTY -THREE CALENDAR DAYS8
BEFORE THE EXPIRATION OF THE ORDER .9
(c) U
PON RECEIPT OF THE MOTION TO RENEW , THE COURT SHALL10
ORDER THAT A HEARING BE HELD NOT LATER THAN FOURTEEN DAYS AFTER11
THE FILING OF THE MOTION TO RENEW . THE COURT MAY SCHEDULE A12
HEARING BY TELEPHONE IN THE MANNER PRESCRIBED BY SECTION13
13-14.5-105 (1)(a). T
HE RESPONDENT MUST BE PERSONALLY SERVED IN14
THE SAME MANNER PRESCRIBED BY SECTION 13-14.5-105 (1)(b) AND15
(1)(c).16
(d) I
N DETERMINING WHETHER TO RENEW AN EXTREME RISK17
PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION , THE COURT SHALL18
CONSIDER ALL RELEVANT EVIDENCE AND FOLLOW THE SAME PROCEDURE19
AS PROVIDED IN SECTION 13-14.5-105.20
(e) I
F THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE21
THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION22
13-14.5-105
(3), THE RESPONDENT CONTINUES TO POSE A SIGNIFICANT23
RISK OF CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN THE24
RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,25
POSSESSING, OR RECEIVING A FIREARM, THE COURT SHALL RENEW THE26
ORDER FOR A PERIOD OF TIME THE COURT DEEMS APPROPRIATE , NOT TO27
170
-22- EXCEED ONE YEAR. IN THE ORDER, THE COURT SHALL SET A RETURN DATE1
TO REVIEW THE ORDER NO LATER THAN THIRTY -FIVE DAYS PRIOR TO THE2
EXPIRATION OF THE ORDER. HOWEVER, IF, AFTER NOTICE, THE MOTION FOR3
RENEWAL IS UNCONTESTED AND THE PETITIONER SEEKS NO MODIFICATION4
OF THE ORDER, THE ORDER MAY BE RENEWED ON THE BASIS OF THE5
PETITIONER'S MOTION OR AFFIDAVIT, SIGNED UNDER OATH AND PENALTY6
OF PERJURY, STATING THAT THERE HAS BEEN NO MATERIAL CHANGE IN7
RELEVANT CIRCUMSTANCES SINCE THE ENTRY OF THE ORDER AND STATING8
THE REASON FOR THE REQUESTED RENEWAL .9
(3) I
F AN EXTREME RISK PROTECTION ORDER IS TERMINATED OR10
NOT RENEWED FOR ANY REASON , THE LAW ENFORCEMENT AGENCY11
STORING THE RESPONDENT 'S FIREARMS SHALL PROVIDE NOTICE TO THE12
RESPONDENT REGARDING THE PROCESS FOR THE RETURN OF THE13
FIREARMS.14
13-14.5-108. Surrender of a firearm. (1) (a) U
PON ISSUANCE OF15
AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5,16
INCLUDING A TEMPORARY EXTREME RISK PROTECTION ORDER , THE COURT17
SHALL ORDER THE RESPONDENT TO SURRENDER ALL FIREARMS BY :18
(I) S
ELLING OR TRANSFERRING POSSESSION OF THE FIREARM TO A19
FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18 U.S.C. SEC.20
923,
AS AMENDED; EXCEPT THAT THIS PROVISION MUST NOT BE21
INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS DEALER22
TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM ;23
(II) A
RRANGING FOR THE STORAGE OF THE FIREARM BY A LAW24
ENFORCEMENT AGENCY . THE LAW ENFORCEMENT AGENCY SHALL25
PRESERVE THE FIREARM IN A SUBSTANTIALLY SIMILAR CONDITION THAT26
THE FIREARM WAS IN WHEN IT WAS SURRENDERED . IF THE RESPONDENT27
170
-23- DOES NOT CHOOSE THE OPTION IN SUBSECTION (1)(a)(I) OF THIS SECTION,1
A LOCAL LAW ENFORCEMENT AGENCY SHALL STORE THE FIREARM .2
(III) O
NLY FOR EITHER AN ANTIQUE FIREARM , AS DEFINED IN 183
U.S.C. sec. 921 (a)(16),
AS AMENDED, OR A CURIO OR RELIC, AS DEFINED4
IN 27 CFR 478.11, AS AMENDED, TRANSFERRING POSSESSION OF THE5
ANTIQUE FIREARM OR CURIO OR RELIC TO A RELATIVE WHO DOES NOT LIVE6
WITH THE RESPONDENT AFTER CONFIRMING , THROUGH A CRIMINAL7
HISTORY RECORD CHECK, THE RELATIVE IS CURRENTLY ELIGIBLE TO OWN8
OR POSSESS A FIREARM UNDER FEDERAL AND STATE LAW .9
(b) T
HE COURT SHALL ORDER THE RESPONDENT TO SURRENDER10
ANY CONCEALED CARRY PERMIT TO THE LAW ENFORCEMENT OFFICER11
SERVING THE EXTREME RISK PROTECTION ORDER .12
(2) (a) T
HE LAW ENFORCEMENT AGENCY SERVING ANY EXTREME13
RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5, INCLUDING A14
TEMPORARY EXTREME RISK PROTECTION ORDER IN WHICH THE PETITIONER15
WAS NOT A LAW ENFORCEMENT AGENCY OR OFFICER , SHALL REQUEST16
THAT THE RESPONDENT IMMEDIATELY SURRENDER ALL FIREARMS IN THE17
RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED18
CARRY PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH19
PERMITTED BY LAW FOR SUCH FIREARMS OR PERMIT . AFTER THE LAW20
ENFORCEMENT AGENCY OR OFFICER HAS CUSTODY OF THE FIREARMS , THE21
RESPONDENT MAY INFORM THE LAW ENFORCEMENT OFFICER OF THE22
RESPONDENT'S PREFERENCE FOR SALE, TRANSFER, OR STORAGE OF THE23
FIREARMS AS SPECIFIED IN SUBSECTION (1) OF THIS SECTION. IF THE24
RESPONDENT ELECTS TO SELL OR TRANSFER THE FIREARMS TO A25
FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18 U.S.C. SEC.26
923,
AS AMENDED, THE LAW ENFORCEMENT OFFICER OR AGENCY SHALL27
170
-24- MAINTAIN CUSTODY OF THE FIREARMS UNTIL THEY ARE SOLD OR1
TRANSFERRED PURSUANT TO SUBSECTION (1)(a)(I) OF THIS SECTION. THE2
LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL FIREARMS3
AND ANY SUCH PERMIT BELONGING TO THE RESPONDENT THAT ARE4
SURRENDERED, IN PLAIN SIGHT, OR DISCOVERED PURSUANT TO A LAWFUL5
SEARCH. ALTERNATIVELY, IF PERSONAL SERVICE BY THE LAW6
ENFORCEMENT AGENCY IS NOT POSSIBLE , OR NOT REQUIRED BECAUSE THE7
RESPONDENT WAS PRESENT AT THE EXTREME RISK PROTECTION ORDER8
HEARING, THE RESPONDENT SHALL SURRENDER THE FIREARMS AND ANY9
CONCEALED CARRY PERMIT WITHIN TWENTY -FOUR HOURS AFTER BEING10
SERVED WITH THE ORDER BY ALTERNATE SERVICE OR WITHIN11
TWENTY-FOUR HOURS AFTER THE HEARING AT WHICH THE RESPONDENT12
WAS PRESENT.13
(b) I
F THE PETITIONER FOR AN EXTREME RISK PROTECTION ORDER14
IS A LAW ENFORCEMENT AGENCY OR OFFICER , THE LAW ENFORCEMENT15
OFFICER SERVING THE EXTREME RISK PROTECTION ORDER SHALL TAKE16
CUSTODY OF THE RESPONDENT 'S FIREARMS PURSUANT TO THE SEARCH17
WARRANT FOR FIREARMS POSSESSED BY A RESPONDENT IN AN EXTREME18
RISK PROTECTION ORDER, AS DESCRIBED IN SECTION 16-3-301.5, IF A19
WARRANT WAS OBTAINED . AFTER THE LAW ENFORCEMENT AGENCY OR20
OFFICER HAS CUSTODY OF THE FIREARMS , THE RESPONDENT MAY INFORM21
THE LAW ENFORCEMENT OFFICER OF THE RESPONDENT 'S PREFERENCE FOR22
SALE, TRANSFER, OR STORAGE OF THE FIREARMS AS SPECIFIED IN SECTION23
13-14-105.5
(4). THE LAW ENFORCEMENT OFFICER SHALL REQUEST THAT24
THE RESPONDENT IMMEDIATELY SURRENDER ANY CONCEALED CARRY25
PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH26
PERMITTED BY LAW FOR THE PERMIT .27
170
-25- (3) AT THE TIME OF SURRENDER OR TAKING CUSTODY PURSUANT1
TO SECTION 16-3-301.5, A LAW ENFORCEMENT OFFICER TAKING2
POSSESSION OF A FIREARM OR A CONCEALED CARRY PERMIT SHALL ISSUE3
A RECEIPT IDENTIFYING ALL FIREARMS AND ANY PERMIT THAT HAVE BEEN4
SURRENDERED OR TAKEN CUSTODY OF AND PROVIDE A COPY OF THE5
RECEIPT TO THE RESPONDENT . WITHIN SEVENTY-TWO HOURS AFTER6
SERVICE OF THE ORDER, THE OFFICER SERVING THE ORDER SHALL FILE THE7
ORIGINAL RECEIPT WITH THE COURT AND SHALL ENSURE THAT THE8
OFFICER'S LAW ENFORCEMENT AGENCY RETAINS A COPY OF THE RECEIPT ,9
OR, IF THE OFFICER DID NOT TAKE CUSTODY OF ANY FIREARMS, SHALL FILE10
A STATEMENT TO THAT EFFECT WITH THE COURT .11
(4) U
PON THE SWORN STATEMENT OR TESTIMONY OF THE12
PETITIONER OR OF ANY LAW ENFORCEMENT OFFICER ALLEGING THAT13
THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT HAS FAILED TO14
COMPLY WITH THE SURRENDER OF FIREARMS OR A CONCEALED CARRY15
PERMIT AS REQUIRED BY AN ORDER ISSUED PURSUANT TO THIS ARTICLE16
14.5,
THE COURT SHALL DETERMINE WHETHER PROBABLE CAUSE EXISTS TO17
BELIEVE THAT THE RESPONDENT HAS FAILED TO SURRENDER ALL FIREARMS18
OR A CONCEALED CARRY PERMIT IN HIS OR HER CUSTODY , THE19
RESPONDENT'S CONTROL, OR POSSESSION. IF PROBABLE CAUSE EXISTS, THE20
COURT SHALL ISSUE A SEARCH WARRANT THAT STATES WITH21
PARTICULARITY THE PLACES TO BE SEARCHED AND THE ITEMS TO BE22
TAKEN INTO CUSTODY.23
(5) I
F A PERSON OTHER THAN THE RESPONDENT CLAIMS TITLE TO24
ANY FIREARMS SURRENDERED OR TAKEN CUSTODY OF PURSUANT TO25
SECTION 16-3-301.5 PURSUANT TO THIS SECTION AND THE LAW26
ENFORCEMENT AGENCY DETERMINES THAT THE RESPONDENT IS THE27
170
-26- LAWFUL OWNER OF THE FIREARM , THE FIREARM SHALL BE RETURNED TO1
THE RESPONDENT IF:2
(a) T
HE FIREARM IS REMOVED FROM THE RESPONDENT 'S CUSTODY,3
CONTROL, OR POSSESSION, AND THE LAWFUL OWNER AGREES TO STORE4
THE FIREARM SO THAT THE RESPONDENT DOES NOT HAVE ACCESS TO OR5
CONTROL OF THE FIREARM; AND6
(b) T
HE FIREARM IS NOT OTHERWISE UNLAWFULLY POSSESSED BY7
THE LAWFUL OWNER.8
(6) (a) W
ITHIN FORTY-EIGHT HOURS AFTER THE ISSUANCE OF AN9
EXTREME RISK PROTECTION ORDER , A RESPONDENT SUBJECT TO THE10
ORDER MAY EITHER:11
(I) F
ILE WITH THE COURT THAT ISSUED THE ORDER ONE OR MORE12
PROOFS OF RELINQUISHMENT OR REMOVAL SHOWING THAT ALL FIREARMS13
PREVIOUSLY IN THE RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION,14
AND ANY CONCEALED CARRY PERMIT ISSUED TO THE RESPONDENT , WERE15
RELINQUISHED TO OR REMOVED BY A LAW ENFORCEMENT AGENCY , AND16
ATTEST TO THE COURT THAT THE RESPONDENT DOES NOT CURRENTLY17
HAVE ANY FIREARMS IN THE RESPONDENT 'S CUSTODY, CONTROL, OR18
POSSESSION, AND DOES NOT CURRENTLY HAVE A CONCEALED CARRY19
PERMIT; OR20
(II) A
TTEST TO THE COURT THAT:21
(A) A
T THE TIME THE ORDER WAS ISSUED, THE RESPONDENT DID22
NOT HAVE ANY FIREARMS IN THE RESPONDENT 'S CUSTODY, CONTROL, OR23
POSSESSION AND DID NOT HAVE A CONCEALED CARRY PERMIT ; AND24
(B) T
HE RESPONDENT DOES NOT CURRENTLY HAVE ANY FIREARMS25
IN THE RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION AND DOES NOT26
CURRENTLY HAVE A CONCEALED CARRY PERMIT .27
170
-27- (b) IF TWO FULL COURT DAYS HAVE ELAPSED SINCE THE ISSUANCE1
OF AN EXTREME RISK PROTECTION ORDER AND THE RESPONDENT HAS2
MADE NEITHER THE FILING AND ATTESTATION PURSUANT TO SUBSECTION3
(6)(a)(I)
OF THIS SECTION NOR THE ATTESTATIONS PURSUANT TO4
SUBSECTION (6)(a)(II) OF THIS SECTION, THE CLERK OF THE COURT FOR5
THE COURT THAT ISSUED THE ORDER SHALL INFORM THE LOCAL LAW6
ENFORCEMENT AGENCY IN THE COUNTY IN WHICH THE COURT IS LOCATED7
THAT THE RESPONDENT HAS NOT FILED THE FILING AND ATTESTATION8
PURSUANT TO SUBSECTION (6)(a)(I) OF THIS SECTION OR THE9
ATTESTATIONS PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION.10
(c) A
LOCAL LAW ENFORCEMENT AGENCY THAT RECEIVES A11
NOTIFICATION PURSUANT TO SUBSECTION (6)(b) OF THIS SECTION SHALL12
MAKE A GOOD FAITH EFFORT TO DETER MINE WHETHER THERE IS EVIDENCE13
THAT THE RESPONDENT HAS FAILED TO RELINQUISH ANY FIREARM IN THE14
RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION OR A CONCEALED15
CARRY PERMIT ISSUED TO THE RESPONDENT .16
(7) T
HE PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL17
DEVELOP MODEL POLICIES AND PROCEDURES BY DECEMBER 1, 2019,18
REGARDING THE ACCEPTANCE , STORAGE, AND RETURN OF FIREARMS19
REQUIRED TO BE SURRENDERED PURSUANT TO THIS ARTICLE 14.5 OR20
TAKEN CUSTODY OF PURSUANT TO SECTION 16-3-301.5 AND SHALL21
PROVIDE THOSE MODEL POLICIES AND PROCEDURES TO ALL LAW22
ENFORCEMENT AGENCIES . EACH LAW ENFORCEMENT AGENCY SHALL23
ADOPT THE MODEL POLICIES AND PROCEDURES OR ADOPT THEIR OWN24
POLICIES AND PROCEDURES BY JANUARY 1, 2020.25
13-14.5-109. Firearms - return - disposal. (1) I
F AN EXTREME26
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION27
170
-28- ORDER IS TERMINATED OR EXPIRES WITHOUT RENEWAL , A LAW1
ENFORCEMENT AGENCY HOLDING ANY FIREARM THAT HAS BEEN2
SURRENDERED PURSUANT TO SECTION 13-14.5-108 OR TAKEN CUSTODY OF3
PURSUANT TO SECTION 16-3-301.5, OR A FEDERALLY LICENSED FIREARMS4
DEALER DESCRIBED IN 18 U.S.C. SEC. 923, AS AMENDED, WITH CUSTODY5
OF A FIREARM, OR A RELATIVE WITH CUSTODY OF AN ANTIQUE FIREARM OR6
CURIO OR RELIC PURSUANT TO SECTION 13-14.5-108 (1)(a)(III), MUST7
RETURN THE FIREARM REQUESTED BY A RESPONDENT WITHIN THREE DAYS8
ONLY AFTER CONFIRMING, THROUGH A CRIMINAL HISTORY RECORD CHECK9
PERFORMED PURSUANT TO SECTION 24-33.5-424, THAT THE RESPONDENT10
IS CURRENTLY ELIGIBLE TO OWN OR POSSESS A FIREARM UNDER FEDERAL11
AND STATE LAW AND AFTER CONFIRMING WITH THE COURT THAT THE12
EXTREME RISK PROTECTION ORDER HAS TERMINATED OR HAS EXPIRED13
WITHOUT RENEWAL.14
(2) A
NY FIREARM SURRENDERED BY A RESPONDENT PURSUANT TO15
SECTION 13-14.5-108 OR TAKEN CUSTODY OF PURSUANT TO SECTION16
16-3-301.5
THAT REMAINS UNCLAIMED BY THE LAWFUL OWNER FOR AT17
LEAST ONE YEAR FROM THE DATE THE TEMPORARY EXTREME RISK18
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER EXPIRED ,19
WHICHEVER IS LATER, SHALL BE DISPOSED OF IN ACCORDANCE WITH THE20
LAW ENFORCEMENT AGENCY 'S POLICIES AND PROCEDURES FOR THE21
DISPOSAL OF FIREARMS IN POLICE CUSTODY .22
13-14.5-110. Reporting of extreme risk protection orders.23
(1) T
HE COURT CLERK SHALL ENTER ANY EXTREME RISK PROTECTION24
ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED25
PURSUANT TO THIS ARTICLE 14.5 INTO A STATEWIDE JUDICIAL26
INFORMATION SYSTEM ON THE SAME DAY THE ORDER IS ISSUED .27
170
-29- (2) THE COURT CLERK SHALL FORWARD A COPY OF AN EXTREME1
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION2
ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 THE SAME DAY THE ORDER3
IS ISSUED TO THE COLORADO BUREAU OF INVESTIGATION AND THE LAW4
ENFORCEMENT AGENCY SPECIFIED IN THE ORDER . UPON RECEIPT OF THE5
COPY OF THE ORDER, THE COLORADO BUREAU OF INVESTIGATION SHALL6
ENTER THE ORDER INTO THE NATIONAL INSTANT CRIMINAL BACKGROUND7
CHECK SYSTEM, ANY OTHER FEDERAL OR STATE COMPUTER -BASED8
SYSTEMS USED BY LAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY9
PROHIBITED PURCHASERS OF FIREARMS , AND ANY COMPUTER -BASED10
CRIMINAL INTELLIGENCE INFORMATION SYSTEM AVAILABLE IN THIS STATE11
USED BY LAW ENFORCEMENT AGENCIES . THE ORDER MUST REMAIN IN12
EACH SYSTEM FOR THE PERIOD STATED IN THE ORDER , AND THE LAW13
ENFORCEMENT AGENCY SHALL ONLY EXPUNGE ORDERS FROM THE14
SYSTEMS THAT HAVE EXPIRED OR TERMINATED AND SHALL PROMPTLY15
REMOVE THE EXPIRED OR TERMINATED ORDERS . ENTRY INTO THE16
COMPUTER-BASED CRIMINAL INTELLIGENCE INFORMATION SYSTEM IS17
NOTICE TO ALL LAW ENFORCEMENT AGENCIES OF THE EXISTENCE OF THE18
ORDER. THE ORDER IS FULLY ENFORCEABLE IN ANY COUNTY IN THE STATE .19
(3) T
HE ISSUING COURT SHALL, WITHIN THREE COURT DAYS AFTER20
ISSUANCE OF AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY21
EXTREME RISK PROTECTION ORDER , FORWARD ALL IDENTIFYING22
INFORMATION THE COURT HAS REGARDING THE RESPONDENT , ALONG WITH23
THE DATE THE ORDER IS ISSUED , TO THE COUNTY SHERIFF IN THE24
JURISDICTION WHERE THE RESPONDENT RESIDES . UPON RECEIPT OF THE25
INFORMATION, THE COUNTY SHERIFF SHALL DETERMINE IF THE26
RESPONDENT HAS A CONCEALED CARRY PERMIT . IF THE RESPONDENT DOES27
170
-30- HAVE A CONCEALED CARRY PERMIT , THE ISSUING COUNTY SHERIFF SHALL1
IMMEDIATELY REVOKE THE PERMIT . THE RESPONDENT MAY REAPPLY FOR2
A CONCEALED CARRY PERMIT AFTER THE TEMPORARY EXTREME RISK3
PROTECTION ORDER AND EXTREME RISK PROTECTION ORDER , IF ORDERED,4
ARE NO LONGER IN EFFECT.5
(4) I
F AN EXTREME RISK PROTECTION ORDER IS TERMINATED6
BEFORE ITS EXPIRATION DATE, THE COURT CLERK SHALL FORWARD, ON THE7
SAME DAY AS THE TERMINATION ORDER , A COPY OF THE TERMINATION8
ORDER TO THE COLORADO BUREAU OF INVESTIGATION AND THE9
APPROPRIATE LAW ENFORCEMENT AGENCY SPECIFIED IN THE TERMINATION10
ORDER. UPON RECEIPT OF THE ORDER , THE COLORADO BUREAU OF11
INVESTIGATION AND THE LAW ENFORCEMENT AGENCY SHALL PROMPTLY12
REMOVE THE ORDER FROM ANY COMPUTER -BASED SYSTEM IN WHICH IT13
WAS ENTERED PURSUANT TO SUBSECTION (2) OF THIS SECTION.14
(5) U
PON THE EXPIRATION OF A TEMPORARY EXTREME RISK15
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER , THE16
C
OLORADO BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT17
AGENCY SPECIFIED IN THE ORDER SHALL PROMPTLY REMOVE THE ORDER18
FROM ANY COMPUTER -BASED SYSTEM IN WHICH IT WAS ENTERED19
PURSUANT TO SUBSECTION (2) OF THIS SECTION.20
(6) A
N EXTREME RISK PROTECTION ORDER DOES NOT CONSTITUTE21
A FINDING THAT A RESPONDENT IS A PROHIBITED PERSON PURSUANT TO 1822
U.S.C. sec. 922 (d)(4)
OR (g)(4). THIS SUBSECTION (6) DOES NOT ALTER23
A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK24
PROTECTION ORDER, AND A RESPONDENT SUBJECT TO A TEMPORARY25
EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK PROTECTION26
ORDER IS PROHIBITED FROM POSSESSING A FIREARM UNDER STATE LAW .27
170
-31- THIS SUBSECTION (6) DOES NOT CHANGE THE DUTY TO ENTER A1
TEMPORARY EXTREME RISK PROTECTION ORDER OR EXTREME RISK2
PROTECTION ORDER INTO THE APPROPRIATE DATABASES PURSUANT TO3
THIS SECTION.4
13-14.5-111. Penalties. A
NY PERSON WHO HAS IN THE PERSON 'S5
CUSTODY, POSSESSION, OR CONTROL A FIREARM , OR PURCHASES,6
POSSESSES, OR RECEIVES A FIREARM WITH KNOWLEDGE THAT THE PERSON7
IS PROHIBITED FROM DOING SO BY AN EXTREME RISK PROTECTION ORDER8
OR TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO9
THIS ARTICLE 14.5 IS GUILTY OF A CLASS 2 MISDEMEANOR.10
13-14.5-112. Other authority retained. T
HIS ARTICLE 14.5 DOES11
NOT AFFECT THE ABILITY OF A LAW ENFORCEMENT OFFICER TO REMOVE A12
FIREARM OR CONCEALED CARRY PERMIT FROM A PERSON OR CONDUCT A13
SEARCH AND SEIZURE FOR ANY FIREARM PURSUANT TO OTHER LAWFUL14
AUTHORITY.15
13-14.5-113. Liability. (1)
EXCEPT AS PROVIDED IN SECTION16
13-14.5-111,
THIS ARTICLE 14.5 DOES NOT IMPOSE CRIMINAL ,
17
ADMINISTRATIVE, OR CIVIL LIABILITY ON ANY PERSON , INCLUDING A18
COMMUNITY MEMBER , OR ENTITY FOR ACTS OR OMISSIONS MADE IN GOOD19
FAITH RELATED TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR20
A TEMPORARY EXTREME RISK PROTECTION ORDER , INCLUDING BUT NOT21
LIMITED TO REPORTING , DECLINING TO REPORT , INVESTIGATING,22
DECLINING TO INVESTIGATE, FILING, OR DECLINING TO FILE A PETITION23
PURSUANT TO THIS ARTICLE 14.5. THIS ARTICLE 14.5 DOES NOT IMPOSE24
CRIMINAL OR CIVIL LIABILITY ON A PEACE OFFICER LAWFULLY ENFORCING25
AN ORDER PURSUANT TO THIS ARTICLE 14.5.26
(2) A
PERSON WHO FILES A MALICIOUS OR FALSE PETITION FOR A
27
170
-32- TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK1
PROTECTION ORDER MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR2
THOSE ACTS.3
(3) A
FEDERALLY LICENSED FIREARMS DEALER OR LAW
4
ENFORCEMENT AGENCY THAT STORES A FIREARM AS PERMITTED BY THIS5
ARTICLE 14.5 IS NOT CIVILLY LIABLE FOR ANY RESULTING DAMAGES TO6
THE FIREARM, AS LONG AS SUCH DAMAGE DID NOT RESULT FROM THE7
WILLFUL AND WRONGFUL ACT OR GROSS NEGLIGENCE OF THE PERSON OR8
LAW ENFORCEMENT AGENCY STORING THE FIREARM .9
(4) THIS ARTICLE 14.5 DOES NOT REQUIRE A FAMILY OR10
HOUSEHOLD MEMBER OF THE RESPONDENT , A COMMUNITY MEMBER, OR A11
LAW ENFORCEMENT OFFICER OR AGENCY TO FILE A PETITION FOR A12
TEMPORARY EMERGENCY EXTREME RISK PROTECTION ORDER OR PETITION13
FOR AN EXTREME RISK PROTECTION ORDER .14
(5) A COMMUNITY MEMBER 'S EMPLOYER SHALL NOT USE A15
COMMUNITY MEMBER 'S ACTS OR OMISSIONS MADE IN GOOD FAITH RELATED16
TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY17
EXTREME RISK PROTECTION ORDER , INCLUDING BUT NOT LIMITED TO18
REPORTING, DECLINING TO REPORT , INVESTIGATING, DECLINING TO19
INVESTIGATE, FILING, OR DECLINING TO FILE A PETITION PURSUANT TO THIS20
ARTICLE 14.5 AS A BASIS FOR DISCIPLINE OR TERMINATION.21
13-14.5-114. Instructional and informational material -22
definition. (1) (a) T
HE STATE COURT ADMINISTRATOR SHALL DEVELOP23
STANDARD PETITIONS AND EXTREME RISK PROTECTION ORDER FORMS AND24
TEMPORARY EXTREME RISK PROTECTION ORDER FORMS IN MORE THAN ONE25
LANGUAGE CONSISTENT WITH STATE JUDICIAL DEPARTMENT PRACTICES .26
T
HE STANDARD PETITION AND ORDER FORMS MUST BE USED AFTER27
170
-33- JANUARY 1, 2020, FOR ALL PETITIONS FILED AND ORDERS ISSUED1
PURSUANT TO THIS ARTICLE 14.5. THE STATE COURT ADMINISTRATOR MAY2
CONSULT WITH INTERESTED PARTIES IN DEVELOPING THE PETITIONS AND3
FORMS. THE MATERIALS MUST BE AVAILABLE ONLINE CONSISTENT WITH4
STATE JUDICIAL DEPARTMENT PRACTICES .5
(b) T
HE EXTREME RISK PROTECTION ORDER FORM MUST INCLUDE ,6
IN A CONSPICUOUS LOCATION, NOTICE OF CRIMINAL PENALTIES RESULTING7
FROM VIOLATION OF THE ORDER AND THE FOLLOWING STATEMENT :8
Y
OU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN9
FROM VIOLATING THIS EXTREME RISK PROTECTION ORDER 'S10
PROVISIONS. ONLY THE COURT CAN CHANGE THE ORDER11
AND ONLY UPON WRITTEN MOTION .12
(2) A
COURT CLERK FOR EACH JUDICIAL DISTRICT SHALL CREATE13
A COMMUNITY RESOURCE LIST OF CRISIS INTERVENTION , MENTAL HEALTH,14
SUBSTANCE ABUSE, INTERPRETER, COUNSELING, AND OTHER RELEVANT15
RESOURCES SERVING THE COUNTY IN WHICH THE COURT IS LOCATED . THE16
COURT SHALL MAKE THE COMMUNITY RESOURCE LIST AVAILABLE AS PART17
OF OR IN ADDITION TO THE INFORMATIONAL BROCHURES DESCRIBED IN18
SUBSECTION (1) OF THIS SECTION.19
(3) T
HE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE A20
MASTER COPY OF THE STANDARD PETITION AND EXTREME RISK21
PROTECTION ORDER FORMS TO ALL COURT CLERKS AND ALL DISTRICT AND22
COUNTY COURTS.23
(4) C
OURTS SHALL ACCEPT PETITIONS PURSUANT TO SECTIONS24
13-14.5-103
AND 13-14.5-104 BEGINNING ON JANUARY 1, 2020. 25
13-14.5-115. Effect of previous issued orders. T
HE ENACTMENT26
OF THIS SB 23-___ AND THE PROVISIONS OF THIS ARTICLE 14.527
170
-34- AUTHORIZING THE COURT TO ENTER AN ORDER PURSUANT TO SECTION1
13-14.5-103
OR 13-14.5-104 DO NOT LIMIT, CHANGE, VOID, OR OTHERWISE2
IMPACT AN EXTREME RISK PROTECTION ORDER ENTERED BY THE COURT3
PURSUANT TO THIS ARTICLE 14.5 PRIOR TO THE EFFECTIVE DATE OF THIS4
SB
23-___. ANY SUCH ORDER REMAINS IN EFFECT UNTIL IT EXPIRES BY ITS5
OWN TERMS OR IS TERMINATED BY THE COURT .6
13-14.5-116. Severability. I
F ANY PROVISION OF THIS ARTICLE7
14.5
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS8
HELD INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR9
APPLICATIONS OF THIS ARTICLE 14.5 THAT CAN BE GIVEN EFFECT WITHOUT10
THE INVALID PROVISION OR APPLICATION , AND TO THIS END THE11
PROVISIONS OF THIS ARTICLE 14.5 ARE DECLARED TO BE SEVERABLE.12
SECTION 2. In Colorado Revised Statutes, 25-20.5-1205, add13
(3) as follows:14
25-20.5-1205. Federal grants - other funds - gifts, grants, and15
donations. (3) T
HE OFFICE SHALL EXPEND FUNDS ANNUALLY ON A PUBLIC16
EDUCATION CAMPAIGN REGARDING THE AVAILABILITY OF , AND THE17
PROCESS FOR REQUESTING , AN EXTREME RISK PROTECTION ORDER18
PURSUANT TO ARTICLE 14.5 OF TITLE 13 AND AS DESCRIBED IN SECTION19
25-20.5-1203 (2)(a).20
SECTION 3. In Colorado Revised Statutes, 13-3-101, repeal and21
reenact (13) as follows:22
13-3-101. State court administrator - report - definitions -23
repeal. (13) T
HE STATE COURT ADMINISTRATOR OR THE24
ADMINISTRATOR'S DESIGNEE SHALL PRESENT AT THE JUDICIAL25
DEPARTMENT'S HEARING PURSUANT TO SECTION 2-7-203 STATISTICS26
RELATED TO EXTREME RISK PROTECTION ORDERS IN ARTICLE 14.5 OF THIS27
170
-35- TITLE 13. THE STATISTICS MUST INCLUDE THE NUMBER OF PETITIONS FILED1
FOR TEMPORARY EXTREME RISK PROTECTION ORDERS , THE NUMBER OF2
PETITIONS FILED FOR EXTREME RISK PROTECTION ORDERS , THE NUMBER OF3
TEMPORARY EXTREME RISK PROTECTION ORDERS ISSUED AND DENIED , THE4
NUMBER OF EXTREME RISK PROTECTION ORDERS ISSUED AND DENIED , THE5
NUMBER OF TEMPORARY EXTREME RISK PROTECTION ORDERS6
TERMINATED, THE NUMBER OF EXTREME RISK PROTECTION ORDERS7
TERMINATED, AND THE NUMBER OF EXTREME RISK PROTECTION ORDERS8
RENEWED. THE STATE COURT ADMINISTRATOR OR THE ADMINISTRATOR 'S9
DESIGNEE SHALL ALSO REPORT STATE COURT DATA RELATED TO ALL10
PERSONS WHO ARE SUBJECT TO ANY TEMPORARY EMERGENCY RISK11
PROTECTION ORDER OR EMERGENCY RISK PROTECTION ORDER AND WHO ,12
WITHIN THIRTY DAYS AFTER THE ISSUANCE OR EXECUTION OF THE13
PROTECTION ORDER, ARE CHARGED WITH A CRIMINAL OFFENSE . THE14
REPORT MUST INCLUDE THE NATURE OF THE CRIMINAL OFFENSE ,15
INCLUDING BUT NOT LIMITED TO ANY OFFENSE FOR VIOLATION OF THE16
EMERGENCY RISK PROTECTION ORDER AND THE DISPOSITION OR STATUS OF17
THAT CRIMINAL OFFENSE.18
SECTION 4. In Colorado Revised Statutes, repeal and reenact,19
16-3-301.5 as follows:20
16-3-301.5. Search warrant for firearms possessed by a21
respondent in an extreme risk protection order. (1) A
NY COURT MAY22
ISSUE A SEARCH WARRANT TO SEARCH FOR AND TAKE CUSTODY OF ANY23
FIREARM IN THE POSSESSION OF A NAMED RESPONDENT IN AN EXTREME24
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION25
ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13 IF THE APPLICATION26
FOR THE WARRANT COMPLIES WITH ALL REQUIRED PROVISIONS OF SECTION27
170
-36- 16-3-303 AND ALSO PROVIDES FACTS SUFFICIENT TO ESTABLISH BY1
PROBABLE CAUSE:2
(a) T
HAT THE NAMED PERSON IS A NAMED RESPONDENT IN AN3
EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK4
PROTECTION ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13; AND5
(b) T
HAT THE NAMED PERSON IS IN POSSESSION OF ONE OR MORE6
FIREARMS; AND7
(c) T
HE LOCATION OF SUCH FIREARMS; AND8
(d) A
NY OTHER INFORMATION RELIED UPON BY THE APPLICANT9
AND WHY THE APPLICANT CONSIDERS SUCH INFORMATION CREDIBLE AND10
RELIABLE.11
(2) T
HE RETURN OR DISPOSAL OF ANY FIREARM TAKEN CUSTODY12
OF PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED PURSUANT TO13
SECTION 13-14.5-109.14
SECTION 5. In Colorado Revised Statutes, 18-12-203, repeal15
and reenact (1)(g)(IV) as follows:16
18-12-203. Criteria for obtaining a permit. (1) Beginning May17
17, 2003, except as set forth in this section, a sheriff shall issue a permit18
to carry a concealed handgun to an applicant who:19
(g) Is not subject to:20
(IV) A
TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED21
PURSUANT TO SECTION 13-14.5-103 (3) OR AN EXTREME RISK PROTECTION22
ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 (2);23
SECTION 6. No appropriation. The general assembly has
24
determined that this act can be implemented within existing25
appropriations, and therefore no separate appropriation of state money is26
necessary to carry out the purposes of this act.27
170
-37- SECTION 7. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
170
-38-