First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0511.02 Michael Dohr x4347
SENATE BILL 23-170
Senate Committees House Committees
State, Veterans, & Military Affairs Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING EXTREME RISK PROTECTION
ORDERS, AND, IN101
CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
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
HOUSE
Amended 2nd Reading
March 25, 2023
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. mental health-care providers, licensed educators, and district attorneys.
The bill requires the office of gun violence prevention to expend
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
170-2- (4) "FACULTY MEMBER" MEANS A PRESIDENT, DEAN, PROFESSOR,1
ADMINISTRATOR, INSTRUCTOR, OR RESEARCH WORKER AT AN INSTITUTION2
OF HIGHER EDUCATION.3
(5) "FAMILY OR HOUSEHOLD MEMBER " MEANS, WITH RESPECT TO4
A RESPONDENT, ANY:5
(a) P
ERSON RELATED BY BLOOD, MARRIAGE, OR ADOPTION TO THE6
RESPONDENT;7
(b) P
ERSON WHO HAS A CHILD IN COMMON WITH THE RESPONDENT ,8
REGARDLESS OF WHETHER SUCH PERSON HAS BEEN MARRIED TO THE9
RESPONDENT OR HAS LIVED TOGETHER WITH THE RESP ONDENT AT ANY10
TIME;11
(c) P
ERSON WHO REGULARLY RESIDES OR REGULARLY RESIDED12
WITH THE RESPONDENT WITHIN THE LAST SIX MONTHS ;13
(d) D
OMESTIC PARTNER OF THE RESPONDENT ;14
(e) P
ERSON WHO HAS A BIOLOGICAL OR LEGAL PARENT -CHILD15
RELATIONSHIP WITH THE RESPONDENT , INCLUDING STEPPARENTS AND16
STEPCHILDREN AND GRANDPARENTS AND GRANDCHILDREN ;17
(f) P
ERSON WHO IS ACTING OR HAS ACTED AS THE RESPONDENT 'S18
LEGAL GUARDIAN; AND19
(g) P
ERSON IN ANY OTHER RELATIONSHIP DESCRIBED IN SECTION20
18-6-800.3
(2) WITH THE RESPONDENT.21
(6)
"FIREARM" HAS THE SAME MEANING AS IN SECTION 18-1-90122
(3)(h).23
(7) "L
AW ENFORCEMENT OFFICER" MEANS A PEACE OFFICER THAT
24
IS:25
(a) E
MPLOYED BY A POLITICAL SUBDIVISION OF THE STATE AND
26
CERTIFIED BY THE P.O.S.T BOARD PURSUANT TO SECTION 16-2.5-102;27
170
-3- (b) AUTHORIZED BY SECTION 16-2.5-113 WHEN ASSISTANCE IS1
REQUESTED BY AN INDIVIDUAL OR ENTITY PURSUANT TO SECTION2
24-33.5-412;3
(c) A
UTHORIZED BY SECTION 16-2.5-114 AND WHO INTERACTED
4
WITH THE RESPONDENT IN THE SCOPE OF THE LAW ENFORCEMENT5
OFFICER'S OFFICIAL DUTIES;6
(d) E
MPLOYED BY A DISTRICT ATTORNEY , DESIGNATED BY A
7
DISTRICT ATTORNEY, AND AUTHORIZED BY SECTION 16-2.5-132 OR8
16-2.5-133;9
(e) E
MPLOYED BY THE DEPARTMENT OF LAW , DESIGNATED BY THE
10
ATTORNEY GENERAL , AND AUTHORIZED BY SECTION 16-2.5-128,11
16-2.5-129,
OR 16-2.5-130;
12
(f) A
UTHORIZED BY SECTION 16-2.5-136, 16-2.5-137, OR
13
16-2.5-138;14
(g) A
UTHORIZED BY SECTION 16-2.5-120; OR
15
(h) A
UTHORIZED BY SECTION 16-2.5-149.
16
(8) "LICENSED HEALTH-CARE PROFESSIONAL" MEANS A SCHOOL17
NURSE WHO HOLDS A CURRENT NURSING LICENSE THROUGH THE18
DEPARTMENT OF REGULATORY AGENCIES AND WHO HAS APPLIED FOR OR19
HOLDS A SPECIAL SERVICES LICENSE FROM THE DEPARTMENT OF20
EDUCATION PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR A PHYSICIAN,21
PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE WHO22
IS A PRIMARY PROVIDER OF HEALTH SERVICES TO A RESPONDENT ; A23
PSYCHIATRIST; OR A LICENSED EMERGENCY ROOM MEDICAL CARE24
PROVIDER, LICENSED PURSUANT TO TITLE 12.25
(9) "MENTAL HEALTH PROFESSIONAL " MEANS A PSYCHOLOGIST,26
LICENSED PROFESSIONAL SOCIAL WORKER, MARRIAGE AND FAMILY27
170
-4- THERAPIST, LICENSED PROFESSIONAL COUNSELOR , OR ADDICTION1
COUNSELOR LICENSED, REGISTERED, OR CERTIFIED PURSUANT TO ARTICLE2
245
OF TITLE 12; A PSYCHOLOGIST CANDIDATE, CLINICAL SOCIAL WORKER3
CANDIDATE, MARRIAGE AND FAMILY THERAPIST CANDIDATE , LICENSED4
PROFESSIONAL COUNSELOR CANDIDATE , OR ADDICTION COUNSELOR5
CANDIDATE REGISTERED PURSUANT TO SECTION 12-245-304 (3),6
12-245-404
(4), 12-245-504 (4), 12-245-604 (4), OR 12-245-804 (3.7),7
RESPECTIVELY; A SCHOOL COUNSELOR WHO HOLDS A SPECIAL SERVICES
8
PROVIDER LICENSE WITH A SCHOOL COUNSELOR ENDORSEMENT ISSUED9
PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR WHO IS OTHERWISE ENDORSED10
OR ACCREDITED BY A NATIONAL ASSOCIATION TO PROVIDE SCHOOL11
COUNSELING SERVICES; SCHOOL PSYCHOLOGIST LICENSED PURSUANT TO12
SECTION 22-60.5-210; SCHOOL SOCIAL WORKER WHO HAS OBTAINED THE13
SPECIAL SERVICES LICENSE WITH SOCIAL WORK ENDORSEMENT ISSUED14
PURSUANT TO ARTICLE 60.5 OF TITLE 22; OR AN UNLICENSED15
PSYCHOTHERAPIST REGISTERED PURSUANT TO SECTION 12-245-703.16
(10) "PETITIONER" MEANS THE PERSON WHO PETITIONS FOR AN17
EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5.18
(11) "RESPONDENT" MEANS THE PERSON WHO IS IDENTIFIED AS THE19
RESPONDENT IN A PETITION FILED PURSUANT TO THIS ARTICLE 14.5.20
13-14.5-103. Temporary extreme risk protection orders.21
(1) (a) A
FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A22
COMMUNITY MEMBER , OR A LAW ENFORCEMENT OFFICER OR AGENCY MAY23
REQUEST A TEMPORARY EXTREME RISK PROTECTION ORDER WITHOUT24
NOTICE TO THE RESPONDENT BY INCLUDING IN THE PETITION FOR THE25
EXTREME RISK PROTECTION ORDER AN AFFIDAVIT , SIGNED UNDER OATH26
AND PENALTY OF PERJURY, SUPPORTING THE ISSUANCE OF A TEMPORARY27
170
-5- EXTREME RISK PROTECTION ORDER THAT SETS FORTH THE FACTS TENDING1
TO ESTABLISH THE GROUNDS OF THE PETITION OR THE REASON FOR2
BELIEVING THEY EXIST AND , IF THE PETITIONER IS A FAMILY OR3
HOUSEHOLD MEMBER OR COMMUNITY MEMBER , ATTESTING THAT THE4
PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER OR COMMUNITY5
MEMBER. THE PETITION MUST COMPLY WITH THE REQUIREMENTS OF6
SECTION 13-14.5-104 (3). IF THE PETITIONER IS A LAW ENFORCEMENT7
OFFICER OR LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT OFFICER8
OR LAW ENFORCEMENT AGENCY SHALL CONCURRENTLY FILE A SWORN9
AFFIDAVIT FOR A SEARCH WARRANT PURSUANT TO SECTION 16-3-301.5 TO10
SEARCH FOR ANY FIREARMS IN THE POSSESSION OR CONTROL OF THE11
RESPONDENT AT A LOCATION OR LOCATIONS TO BE NAMED IN THE12
WARRANT. IF A PETITION FILED PURSUANT TO SECTION 27-65-106 IS ALSO13
FILED AGAINST THE RESPONDENT, A COURT OF COMPETENT JURISDICTION14
MAY HEAR THAT PETITION AT THE SAME TIME AS THE HEARING FOR A15
TEMPORARY EXTREME RISK PROTECTION ORDER OR THE HEARING FOR A16
CONTINUING EXTREME RISK PROTECTION ORDER .17
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE18
CONTRARY, A LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH19
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR A TEMPORARY20
EXTREME RISK PROTECTION ORDER , UPON FILING THE PETITION FOR A21
TEMPORARY EXTREME RISK PROTECTION ORDER , IS AUTHORIZED TO22
DISCLOSE PROTECTED HEALTH INFORMATION , OF THE RESPONDENT AS23
NECESSARY FOR THE FULL INVESTIGATION AND DISPOSITION OF THE24
REQUEST FOR A TEMPORARY EXTREME RISK PROTECTION ORDER . WHEN25
DISCLOSING PROTECTED HEALTH INFORMATION , THE LICENSED26
HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL SHALL27
170
-6- MAKE REASONABLE EFFORTS TO LIMIT PROTECTED HEALTH INFORMATION1
TO THE MINIMUM NECESSARY TO ACCOMPLISH THE FILING OF THE2
PETITION. UPON RECEIPT OF A PETITION BY A LICENSED HEALTH -CARE3
PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL , AND FOR GOOD CAUSE4
SHOWN, THE COURT MAY ISSUE ORDERS TO OBTAIN ANY RECORDS OR5
DOCUMENTS RELATING TO DIAGNOSIS , PROGNOSIS, OR TREATMENT, AND6
CLINICAL RECORDS, OF THE RESPONDENT AS NECESSARY FOR THE FULL7
INVESTIGATION AND DISPOSITION OF THE PETITION FOR A TEMPORARY8
EXTREME RISK PROTECTION ORDER . WHEN PROTECTED HEALTH9
INFORMATION IS DISCLOSED OR WHEN THE COURT RECEIVES ANY RECORDS10
OR DOCUMENTS RELATED TO DIAGNOSIS , PROGNOSIS, OR TREATMENT OR11
CLINICAL RECORDS, THE COURT SHALL ORDER THAT THE PARTIES ARE12
PROHIBITED FROM USING OR DISCLOSING THE PROTECTED HEALTH13
INFORMATION FOR ANY PURPOSE OTHER THAN THE PROCEEDINGS FOR A14
PETITION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER AND15
SHALL ORDER THE RETURN TO THE COVERED ENTITY OR DESTROY THE16
PROTECTED HEALTH INFORMATION, INCLUDING ALL COPIES MADE, AT THE17
END OF THE LITIGATION OR PROCEEDING . THE COURT SHALL SEAL ALL18
RECORDS AND OTHER HEALTH INFORMATION RECEIVED THAT CONTAIN19
PROTECTED HEALTH INFORMATION . THE DECISION OF A LICENSED20
HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL TO21
DISCLOSE OR NOT TO DISCLOSE RECORDS OR DOCUMENTS RELATING TO THE22
DIAGNOSIS, PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS OF A23
RESPONDENT, WHEN MADE REASONABLY AND IN GOOD FAITH , SHALL NOT24
BE THE BASIS FOR ANY CIVIL, ADMINISTRATIVE, OR CRIMINAL LIABILITY25
WITH RESPECT TO THE LICENSED HEALTH -CARE PROFESSIONAL OR26
LICENSED MENTAL HEALTH PROFESSIONAL .27
170
-7- (c) (I) VENUE FOR FILING A PETITION PURSUANT TO THIS SECTION1
IF THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER IS PROPER IN ANY2
COUNTY WHERE THE ACTS THAT ARE THE SUBJECT OF THE PETITION3
OCCUR, IN ANY COUNTY WHERE ONE OF THE PARTIES RESIDES, OR IN ANY4
COUNTY WHERE ONE OF THE PARTIES IS EMPLOYED. THIS REQUIREMENT5
FOR VENUE DOES NOT PROHIBIT THE CHANGE OF VENUE TO ANY OTHER6
COUNTY APPROPRIATE UNDER APPLICABLE LAW .7
(II) A PETITION FOR AN EXTREME RISK PROTECTION ORDER BY A8
PETITIONER WHO IS NOT A FAMILY OR HOUSEHOLD MEMBER MUST BE FILED9
IN THE COUNTY WHERE THE RESPONDENT RESIDES .10
(2) I
N CONSIDERING WHETHER TO ISSUE A TEMPORARY EXTREME11
RISK PROTECTION ORDER PURSUANT TO THIS SECTION , THE COURT SHALL12
CONSIDER ALL RELEVANT EVIDENCE, INCLUDING THE EVIDENCE DESCRIBED13
IN SECTION 13-14.5-105 (3).14
(3) I
F A COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE15
THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION16
13-14.5-105
(3), THE RESPONDENT POSES A SIGNIFICANT RISK OF CAUSING17
PERSONAL INJURY TO SELF OR OTHERS IN THE NEAR FUTURE BY HAVING IN18
THE RESPONDENT'S CUSTODY OR CONTROL A FIREARM OR BY PURCHASING ,19
POSSESSING, OR RECEIVING A FIREARM , THE COURT SHALL ISSUE A20
TEMPORARY EXTREME RISK PROTECTION ORDER .21
(4) T
HE COURT SHALL HOLD A TEMPORARY EXTREME RISK22
PROTECTION ORDER HEARING IN PERSON OR BY TELEPHONE ON THE DAY23
THE PETITION IS FILED OR ON THE COURT DAY IMMEDIATELY FOLLOWING24
THE DAY THE PETITION IS FILED. THE COURT MAY SCHEDULE A HEARING BY25
TELEPHONE PURSUANT TO LOCAL COURT RULE TO REASONABLY26
ACCOMMODATE A DISABILITY OR , IN EXCEPTIONAL CIRCUMSTANCES , TO27
170
-8- PROTECT A PETITIONER FROM POTENTIAL HARM . THE COURT SHALL1
REQUIRE ASSURANCES OF THE PETITIONER 'S IDENTITY BEFORE2
CONDUCTING A TELEP HONIC HEARING . A COPY OF THE TELEPHONE3
HEARING MUST BE PROVIDED TO THE RESPONDENT PRIOR TO THE HEARING4
FOR AN EXTREME RISK PROTECTION ORDER .5
(5) (a) I
N ACCORDANCE WITH SECTION 13-14.5-105 (1), THE COURT6
SHALL SCHEDULE A HEARING WITHIN FOURTEEN DAYS AFTER THE7
ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER TO8
DETERMINE IF A THREE -HUNDRED-SIXTY-FOUR-DAY EXTREME RISK9
PROTECTION ORDER SHOULD BE ISSUED PURSUANT TO THIS ARTICLE 14.5.10
N
OTICE OF THAT HEARING DATE MUST BE INCLUDED WITH THE11
TEMPORARY EXTREME RISK PROTECTION ORDER THAT IS SERVED ON THE12
RESPONDENT. THE COURT SHALL PROVIDE NOTICE OF THE HEARING DATE13
TO THE PETITIONER.14
(b) A
NY TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED15
EXPIRES ON THE DATE AND TIME OF THE HEARING ON THE EXTREME RISK16
PROTECTION ORDER PETITION OR THE WITHDRAWAL OF THE PETITION .17
(6) A
TEMPORARY EXTREME RISK PROTECTION ORDER MUST18
INCLUDE:19
(a) A
STATEMENT OF THE GROUNDS ASSERTED FOR THE ORDER ;20
(b) T
HE DATE AND TIME THE ORDER WAS ISSUED ;21
(c) T
HE DATE AND TIME THE ORDER EXPIRES ;22
(d) T
HE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE23
PLEADING SHOULD BE FILED;24
(e) T
HE DATE AND TIME OF THE SCHEDULED HEARING ;25
(f) T
HE REQUIREMENTS FOR SURRENDER OF FIREARMS PURSUANT26
TO SECTION 13-14.5-108; AND27
170
-9- (g) THE FOLLOWING STATEMENT :1
T
O THE SUBJECT OF THIS TEMPORARY EXTREME RISK2
PROTECTION ORDER: THIS ORDER IS VALID UNTIL THE DATE3
AND TIME NOTED ABOVE . YOU MAY NOT HAVE IN YOUR4
CUSTODY OR CONTROL A FIREARM OR PURCHASE , POSSESS,5
RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM6
WHILE THIS ORDER IS IN EFFECT. YOU MUST IMMEDIATELY7
SURRENDER TO THE (INSERT NAME OF LAW ENFORCEMENT8
AGENCY IN THE JURISDICTION WHERE THE RESPONDENT9
RESIDES) ALL FIREARMS IN YOUR CUSTODY OR POSSESSION ,10
AND ANY CONCEALED CARRY PERMIT ISSUED TO YOU . A11
HEARING WILL BE HELD ON THE DATE AND AT THE TIME12
NOTED ABOVE TO DETERMINE IF AN EXTREME RISK13
PROTECTION ORDER SHOULD BE ISSUED. FAILURE TO APPEAR14
AT THAT HEARING MAY RESULT IN A COURT ENTERING AN15
ORDER AGAINST YOU THAT IS VALID FOR THREE HUNDRED16
SIXTY FOUR DAYS. AN ATTORNEY WILL BE APPOINTED TO17
REPRESENT YOU, OR YOU MAY SEEK THE ADVICE OF YOUR18
OWN ATTORNEY AT YOUR OWN EXPENSE AS TO ANY MATTER19
CONNECTED WITH THIS ORDER .20
(7) A
LAW ENFORCEMENT OFFICER SHALL SERVE A TEMPORARY21
EXTREME RISK PROTECTION ORDER CONCURRENTLY WITH THE NOTICE OF22
HEARING AND PETITION AND A NOTICE THAT INCLUDES REFERRALS TO23
APPROPRIATE RESOURCES, INCLUDING DOMESTIC VIOLENCE, BEHAVIORAL24
HEALTH, AND COUNSELING RESOURCES , IN THE SAME MANNER AS25
PROVIDED FOR IN SECTION 13-14.5-105 FOR SERVICE OF THE NOTICE OF26
HEARING WHERE THE RESPONDENT RESIDES .27
170
-10- (8) (a) IF THE COURT ISSUES A TEMPORARY EXTREME RISK1
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS2
FOR THE COURT'S ISSUANCE.3
(b) I
F THE COURT DECLINES TO ISSUE A TEMPORARY EXTREME RISK4
PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS5
FOR THE COURT'S DENIAL.6
13-14.5-104. Petition for extreme risk protection order.7
(1) (a) A
PETITION FOR AN EXTREME RISK PROTECTION ORDER MAY BE8
FILED BY A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT , A9
COMMUNITY MEMBER , OR A LAW ENFORCEMENT OFFICER OR AGENCY . IF10
THE PETITION IS FILED BY A LAW ENFORCEMENT OFFICER OR AGENCY , A11
COUNTY OR CITY ATTORNEY SHALL REPRESENT THE OFFICER OR AGENCY12
IN ANY JUDICIAL PROCEEDING UPON REQUEST . IF THE PETITION IS FILED BY13
A FAMILY OR HOUSEHOLD MEMBER OR COMMUNITY MEMBER , THE14
PETITIONER, TO THE BEST OF THE PETITIONER'S ABILITY, SHALL NOTIFY THE15
LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE16
RESPONDENT RESIDES OF THE PETITION AND THE HEARING DATE WITH17
ENOUGH ADVANCE NOTICE TO ALLOW FOR PARTICIPATION OR18
ATTENDANCE. UPON THE FILING OF A PETITION, THE COURT SHALL APPOINT19
AN ATTORNEY TO REPRESENT THE RESPONDENT , AND THE COURT SHALL20
INCLUDE THE APPOINTMENT IN THE NOTICE OF HEARING PROVIDED TO THE21
RESPONDENT PURSUANT TO SECTION 13-14.5-105 (1)(a). THE RESPONDENT22
MAY REPLACE THE ATTORNEY WITH AN ATTORNEY OF THE RESPONDENT 'S23
OWN SELECTION AT ANY TIME AT THE RESPONDENT 'S OWN EXPENSE. THE24
COURT SHALL PAY THE ATTORNEY FEES FOR AN ATTORNEY APPOINTED FOR25
THE RESPONDENT.26
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE27
170
-11- CONTRARY, A LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH1
PROFESSIONAL AUTHORIZED TO FILE A PETITION FOR AN EXTREME RISK2
PROTECTION ORDER, UPON FILING THE PETITION FOR AN EXTREME RISK3
PROTECTION ORDER, IS AUTHORIZED TO DISCLOSE PROTECTED HEALTH4
INFORMATION, OF THE RESPONDENT AS NECESSARY FOR THE FULL5
INVESTIGATION AND DISPOSITION OF THE PETITION FOR AN EXTREME RISK6
PROTECTION ORDER . WHEN DISCLOSING PROTECTED HEALTH7
INFORMATION, THE LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL8
HEALTH PROFESSIONAL SHALL MAKE REASONABLE EFFORTS TO LIMIT9
PROTECTED HEALTH INFORMATION TO THE MINIMUM NECESSARY TO10
ACCOMPLISH THE FILING OF THE REQUEST. UPON RECEIPT OF A PETITION BY11
A LICENSED HEALTH -CARE PROFESSIONAL OR MENTAL HEALTH12
PROFESSIONAL AND FOR GOOD CAUSE SHOWN , THE COURT MAY ISSUE13
ORDERS TO OBTAIN ANY RECORDS OR DOCUMENTS RELATING TO14
DIAGNOSIS, PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS, OF THE15
RESPONDENT AS NECESSARY FOR THE FULL INVESTIGATION AND16
DISPOSITION OF THE PETITION FOR AN EXTREME RISK PROTECTION ORDER .17
WHEN PROTECTED HEALTH INFORMATION IS DISCLOSED OR WHEN THE18
COURT RECEIVES ANY RECORDS OR DOCUMENTS RELATED TO DIAGNOSIS,19
PROGNOSIS, OR TREATMENT OR CLINICAL RECORDS, THE COURT SHALL20
ORDER THAT THE PARTIES ARE PROHIBITED FROM USING OR DISCLOSING21
THE PROTECTED HEALTH INFORMATION FOR ANY PURPOSE OTHER THAN22
THE PROCEEDINGS FOR A PETITION FOR AN EXTREME RISK PROTECTION23
ORDER AND SHALL ORDER THE RETURN TO THE COVERED ENTITY OR24
DESTROY THE PROTECTED HEALTH INFORMATION, INCLUDING ALL COPIES25
MADE, AT THE END OF THE LITIGATION OR PROCEEDING. THE COURT SHALL26
SEAL ALL RECORDS AND OTHER HEALTH INFORMATION RECEIVED THAT27
170
-12- CONTAIN PROTECTED HEALTH INFORMATION . THE DECISION OF A LICENSED1
HEALTH-CARE PROFESSIONAL OR MENTAL HEALTH PROFESSIONAL TO2
DISCLOSE OR NOT TO DISCLOSE RECORDS OR DOCUMENTS RELATING TO THE3
DIAGNOSIS, PROGNOSIS, OR TREATMENT, AND CLINICAL RECORDS OF A4
RESPONDENT, WHEN MADE REASONABLY AND IN GOOD FAITH , MUST NOT5
BE THE BASIS FOR ANY CIVIL, ADMINISTRATIVE, OR CRIMINAL LIABILITY6
WITH RESPECT TO THE LICENSED HEALTH-CARE PROFESSIONAL OR MENTAL7
HEALTH PROFESSIONAL.8
(2) (a) VENUE FOR FILING A PETITION PURSUANT TO THIS SECTION9
IF THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER IS PROPER IN ANY10
COUNTY WHERE THE ACTS THAT ARE THE SUBJECT OF THE PETITION11
OCCUR, IN ANY COUNTY WHERE ONE OF THE PARTIES RESIDES, OR IN ANY12
COUNTY WHERE ONE OF THE PARTIES IS EMPLOYED. THIS REQUIREMENT13
FOR VENUE DOES NOT PROHIBIT THE CHANGE OF VENUE TO ANY OTHER14
COUNTY APPROPRIATE UNDER APPLICABLE LAW .15
(b) A PETITION FOR AN EXTREME RISK PROTECTION ORDER BY A16
PETITIONER WHO IS NOT A FAMILY OR HOUSEHOLD MEMBER MUST BE FILED17
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
170
-13- 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
170
-14- 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
170
-15- 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
170
-16- 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
170
-17- (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
170
-18- 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
170
-19- 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
170
-20- 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
170
-21- 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
170
-22- 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
170
-23- (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
170
-24- 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
170
-25- 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
170
-26- 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
170
-27- 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
HE OR SHE IS THE LAWFUL11
OWNER OF THE FIREARM, THE FIREARM SHALL BE RETURNED TO HIM OR12
HER 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
170
-28- 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
170
-29- (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
170
-30- 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
170
-31- 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
170
-32- 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
170
-33- 13-14.5-111, THIS ARTICLE 14.5 DOES NOT IMPOSE CRIMINAL ,1
ADMINISTRATIVE, OR CIVIL LIABILITY ON ANY PERSON , INCLUDING A2
COMMUNITY MEMBER , OR ENTITY FOR ACTS OR OMISSIONS MADE IN GOOD3
FAITH RELATED TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR4
A TEMPORARY EXTREME RISK PROTECTION ORDER , INCLUDING BUT NOT5
LIMITED TO REPORTING , DECLINING TO REPORT , INVESTIGATING,6
DECLINING TO INVESTIGATE, FILING, OR DECLINING TO FILE A PETITION7
PURSUANT TO THIS ARTICLE 14.5. THIS ARTICLE 14.5 DOES NOT IMPOSE8
CRIMINAL OR CIVIL LIABILITY ON A PEACE OFFICER LAWFULLY ENFORCING9
AN ORDER PURSUANT TO THIS ARTICLE 14.5.10
(2) A
PERSON WHO FILES A MALICIOUS OR
KNOWINGLY FALSE11
PETITION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN12
EXTREME RISK PROTECTION ORDER MAY BE SUBJECT TO CRIMINAL13
PROSECUTION OR CIVIL LIABILITY FOR THOSE ACTS.14
(3) A
FEDERALLY LICENSED FIREARMS DEALER OR LAW
15
ENFORCEMENT AGENCY THAT STORES A FIREARM AS PERMITTED BY THIS16
ARTICLE 14.5 IS NOT CIVILLY LIABLE FOR ANY RESULTING DAMAGES TO17
THE FIREARM, AS LONG AS SUCH DAMAGE DID NOT RESULT FROM THE18
WILLFUL AND WRONGFUL ACT OR GROSS NEGLIGENCE OF THE PERSON OR19
LAW ENFORCEMENT AGENCY STORING THE FIREARM .20
(4) THIS ARTICLE 14.5 DOES NOT REQUIRE A FAMILY OR21
HOUSEHOLD MEMBER OF THE RESPONDENT , A COMMUNITY MEMBER, OR A22
LAW ENFORCEMENT OFFICER OR AGENCY TO FILE A PETITION FOR A23
TEMPORARY EMERGENCY EXTREME RISK PROTECTION ORDER OR PETITION24
FOR AN EXTREME RISK PROTECTION ORDER .25
(5) A COMMUNITY MEMBER 'S EMPLOYER SHALL NOT USE A26
COMMUNITY MEMBER 'S ACTS OR OMISSIONS MADE IN GOOD FAITH RELATED27
170
-34- TO OBTAINING AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY1
EXTREME RISK PROTECTION ORDER , INCLUDING BUT NOT LIMITED TO2
REPORTING, DECLINING TO REPORT , INVESTIGATING, DECLINING TO3
INVESTIGATE, FILING, OR DECLINING TO FILE A PETITION PURSUANT TO THIS4
ARTICLE 14.5 AS A BASIS FOR DISCIPLINE OR TERMINATION.5
13-14.5-114. Instructional and informational material -6
definition. (1) (a) T
HE STATE COURT ADMINISTRATOR SHALL DEVELOP7
STANDARD PETITIONS AND EXTREME RISK PROTECTION ORDER FORMS AND8
TEMPORARY EXTREME RISK PROTECTION ORDER FORMS IN MORE THAN ONE9
LANGUAGE CONSISTENT WITH STATE JUDICIAL DEPARTMENT PRACTICES .10
T
HE STANDARD PETITION AND ORDER FORMS MUST BE USED AFTER11
J
ANUARY 1, 2020, FOR ALL PETITIONS FILED AND ORDERS ISSUED12
PURSUANT TO THIS ARTICLE 14.5. THE STATE COURT ADMINISTRATOR MAY13
CONSULT WITH INTERESTED PARTIES IN DEVELOPING THE PETITIONS AND14
FORMS. THE MATERIALS MUST BE AVAILABLE ONLINE CONSISTENT WITH15
STATE JUDICIAL DEPARTMENT PRACTICES .16
(b) T
HE EXTREME RISK PROTECTION ORDER FORM MUST INCLUDE ,17
IN A CONSPICUOUS LOCATION, NOTICE OF CRIMINAL PENALTIES RESULTING18
FROM VIOLATION OF THE ORDER AND THE FOLLOWING STATEMENT :19
Y
OU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN20
FROM VIOLATING THIS EXTREME RISK PROTECTION ORDER 'S21
PROVISIONS. ONLY THE COURT CAN CHANGE THE ORDER22
AND ONLY UPON WRITTEN MOTION .23
(2) A
COURT CLERK FOR EACH JUDICIAL DISTRICT SHALL CREATE24
A COMMUNITY RESOURCE LIST OF CRISIS INTERVENTION , MENTAL HEALTH,25
SUBSTANCE ABUSE, INTERPRETER, COUNSELING, AND OTHER RELEVANT26
RESOURCES SERVING THE COUNTY IN WHICH THE COURT IS LOCATED . THE27
170
-35- COURT SHALL MAKE THE COMMUNITY RESOURCE LIST AVAILABLE AS PART1
OF OR IN ADDITION TO THE INFORMATI ONAL BROCHURES DESCRIBED IN2
SUBSECTION (1) OF THIS SECTION.3
(3) T
HE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE A4
MASTER COPY OF THE STANDARD PETITION AND EXTREME RISK5
PROTECTION ORDER FORMS TO ALL COURT CLERKS AND ALL DISTRICT AND6
COUNTY COURTS.7
(4) C
OURTS SHALL ACCEPT PETITIONS PURSUANT TO SECTIONS8
13-14.5-103
AND 13-14.5-104 BEGINNING ON JANUARY 1, 2020. 9
13-14.5-115. Effect of previous issued orders. T
HE ENACTMENT10
OF
SB 23-170 AND THE PROVISIONS OF THIS ARTICLE 14.5 AUTHORIZING11
THE COURT TO ENTER AN ORDER PURSUANT TO SECTION 13-14.5-103 OR12
13-14.5-104
DO NOT LIMIT, CHANGE, VOID, OR OTHERWISE IMPACT AN13
EXTREME RISK PROTECTION ORDER ENTERED BY THE COURT PURSUANT TO14
THIS ARTICLE 14.5 PRIOR TO THE EFFECTIVE DATE OF
SB 23-170. ANY15
SUCH ORDER REMAINS IN EFFECT UNTIL IT EXPIRES BY ITS OWN TERMS OR16
IS TERMINATED BY THE COURT.17
13-14.5-116. Severability. I
F ANY PROVISION OF THIS ARTICLE18
14.5
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS19
HELD INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR20
APPLICATIONS OF THIS ARTICLE 14.5 THAT CAN BE GIVEN EFFECT WITHOUT21
THE INVALID PROVISION OR APPLICATION , AND TO THIS END THE22
PROVISIONS OF THIS ARTICLE 14.5 ARE DECLARED TO BE SEVERABLE.23
SECTION 2. In Colorado Revised Statutes, add 24-33.5-118 as24
follows:25
24-33.5-118. Extreme risk protection order information26
hotline. (1) (a) THE DEPARTMENT SHALL, SUBJECT TO AVAILABLE27
170
-36- RESOURCES OR WITHIN EXISTING RESOURCES, ESTABLISH A HOTLINE TO1
RECEIVE AND REFER CALLS FROM THE PUBLIC ABOUT EXTREME RISK2
PROTECTION ORDERS, AND PROVIDE THE CALLERS WITH INFORMATION3
ABOUT FILING FOR AN ORDER AND ABOUT OTHER RELEVANT RESOURCES.4
THE DEPARTMENT IS NOT REQUIRED TO ESTABLISH A DEDICATED PHONE5
NUMBER FOR THE HOTLINE AND MAY INSTEAD USE AN EXISTING PHONE6
NUMBER USED BY THE DEPARTMENT TO RECEIVE AND RESPOND TO PUBLIC7
REQUESTS OR INQUIRIES. THE HOTLINE SHALL NOT PROVIDE LEGAL ADVICE8
OR SERVE AS AN AVENUE FOR AN INDIVIDUAL TO FILE A PETITION FOR A9
TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK10
PROTECTION ORDER.11
(b) THE HOTLINE SHALL NOT ADVISE A CALLER ON THE12
RAMIFICATIONS CONCERNING THE FILING OR FALSE FILING OF A PETITION13
FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME14
RISK PROTECTION ORDER. THE HOTLINE MAY REFER A CALLER TO THE15
APPROPRIATE VENUE IN WHICH THE PETITION MAY BE FILED FOR FURTHER16
INFORMATION CONCERNING SUCH RAMIFICATIONS .17
(2) THE DEPARTMENT SHALL COLLABORATE WITH ANY OTHER18
STATE AGENCY TO OBTAIN THE INFORMATION NECESSARY OR BENEFICIAL19
FOR RESPONDING TO THE REQUESTS .20
SECTION 3. In Colorado Revised Statutes, 25-20.5-1205, add21
(3) as follows:22
25-20.5-1205. Federal grants - other funds - gifts, grants, and23
donations. (3) T
HE OFFICE SHALL EXPEND FUNDS ANNUALLY ON A PUBLIC24
EDUCATION CAMPAIGN REGARDING THE AVAILABILITY OF , AND THE25
PROCESS FOR REQUESTING , AN EXTREME RISK PROTECTION ORDER26
PURSUANT TO ARTICLE 14.5 OF TITLE 13 AND AS DESCRIBED IN SECTION27
170
-37- 25-20.5-1203 (2)(a).1
SECTION 4. In Colorado Revised Statutes, 13-3-101, repeal and2
reenact (13) as follows:3
13-3-101. State court administrator - report - definitions -4
repeal. (13) T
HE STATE COURT ADMINISTRATOR OR THE5
ADMINISTRATOR'S DESIGNEE SHALL PRESENT AT THE JUDICIAL6
DEPARTMENT'S HEARING PURSUANT TO SECTION 2-7-203 STATISTICS7
RELATED TO EXTREME RISK PROTECTION ORDERS IN ARTICLE 14.5 OF THIS8
TITLE 13. THE STATISTICS MUST INCLUDE THE NUMBER OF PETITIONS FILED9
FOR TEMPORARY EXTREME RISK PROTECTION ORDERS , THE NUMBER OF10
PETITIONS FILED FOR EXTREME RISK PROTECTION ORDERS , THE NUMBER OF11
TEMPORARY EXTREME RISK PROTECTION ORDERS ISSUED AND DENIED , THE12
NUMBER OF EXTREME RISK PROTECTION ORDERS ISSUED AND DENIED , THE13
NUMBER OF TEMPORARY EXTREME RISK PROTECTION ORDERS14
TERMINATED, THE NUMBER OF EXTREME RISK PROTECTION ORDERS15
TERMINATED, AND THE NUMBER OF EXTREME RISK PROTECTION ORDERS16
RENEWED. THE STATE COURT ADMINISTRATOR OR THE ADMINISTRATOR 'S17
DESIGNEE SHALL ALSO REPORT STATE COURT DATA RELATED TO ALL18
PERSONS WHO ARE SUBJECT TO ANY TEMPORARY EMERGENCY RISK19
PROTECTION ORDER OR EMERGENCY RISK PROTECTION ORDER AND WHO ,20
WITHIN THIRTY DAYS AFTER THE ISSUANCE OR EXECUTION OF THE21
PROTECTION ORDER, ARE CHARGED WITH A CRIMINAL OFFENSE . THE22
REPORT MUST INCLUDE THE NATURE OF THE CRIMINAL OFFENSE ,23
INCLUDING BUT NOT LIMITED TO ANY OFFENSE FOR VIOLATION OF THE24
EMERGENCY RISK PROTECTION ORDER AND THE DISPOSITION OR STATUS OF25
THAT CRIMINAL OFFENSE.26
SECTION
5. In Colorado Revised Statutes, repeal and reenact,27
170
-38- 16-3-301.5 as follows:1
16-3-301.5. Search warrant for firearms possessed by a2
respondent in an extreme risk protection order. (1) A
NY COURT MAY3
ISSUE A SEARCH WARRANT TO SEARCH FOR AND TAKE CUSTODY OF ANY4
FIREARM IN THE POSSESSION OF A NAMED RESPONDENT IN AN EXTREME5
RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION6
ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13 IF THE APPLICATION7
FOR THE WARRANT COMPLIES WITH ALL REQUIRED PROVISIONS OF SECTION8
16-3-303
AND ALSO PROVIDES FACTS SUFFICIENT TO ESTABLISH BY9
PROBABLE CAUSE:10
(a) T
HAT THE NAMED PERSON IS A NAMED RESPONDENT IN AN11
EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK12
PROTECTION ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13; AND13
(b) T
HAT THE NAMED PERSON IS IN POSSESSION OF ONE OR MORE14
FIREARMS; AND15
(c) T
HE LOCATION OF SUCH FIREARMS; AND16
(d) A
NY OTHER INFORMATION RELIED UPON BY THE APPLICANT17
AND WHY THE APPLICANT CONSIDERS SUCH INFORMATION CREDIBLE AND18
RELIABLE.19
(2) T
HE RETURN OR DISPOSAL OF ANY FIREARM TAKEN CUSTODY20
OF PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED PURS UANT TO21
SECTION 13-14.5-109.22
SECTION
6. In Colorado Revised Statutes, 18-12-203, repeal23
and reenact (1)(g)(IV) as follows:24
18-12-203. Criteria for obtaining a permit. (1) Beginning May25
17, 2003, except as set forth in this section, a sheriff shall issue a permit26
to carry a concealed handgun to an applicant who:27
170
-39- (g) Is not subject to:1
(IV) A
TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED2
PURSUANT TO SECTION 13-14.5-103 (3) OR AN EXTREME RISK PROTECTION3
ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 (2);4 SECTION 7. Appropriation. (1) For the 2023-24 state fiscal5
year, $140,462 is appropriated to the judicial department. This6
appropriation is from the general fund. To implement this act, the7
department may use this appropriation as follows:8
(a) $110,008 for trial court programs, which amount is based on9
an assumption that the department will require an additional 1.1 FTE; and10
(b) $30,454 for capital outlay.11
(2) For the 2023-24 state fiscal year, $238,846 is appropriated to12
the department of public safety. This appropriation is from the general13
fund and is based on an assumption that the department will require an14
additional 2.8 FTE. To implement this act, the department may use this15
appropriation for the extreme risk protection order hotline.16
SECTION 8. Safety clause. The general assembly hereby finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety.19
170
-40-