HOUSE BILL 24-1122
BY REPRESENTATIVE(S) Duran and Pugliese, Bird, Boesenecker,
Brown, Daugherty, Froelich, Garcia, Hamrick, Jodeh, Lieder, Lindsay,
Lindstedt, Lukens, Lynch, Marshall, Mauro, McLachlan, Weissman,
Young, McCluskie, Clifford, English, Joseph, Parenti, Snyder, Soper,
Titone, Valdez, Willford;
also SENATOR(S) Roberts and Winter F., Buckner, Coleman, Cutter,
Exum, Hansen, Hinrichsen, Kolker, Marchman, Michaelson Jenet, Mullica,
Priola, Smallwood, Zenzinger, Fenberg.
C
ONCERNING CIVIL PROTECTION ORDERS FOR VICTIMS OF
DOMESTIC
-RELATED CRIMES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-14-100.2, amend
(2), (3), and (4) as follows:
13-14-100.2. Legislative declaration. (2) The general assembly
further finds and declares that domestic abuse is not limited to physical
threats of violence and harm but also includes
DOMESTIC VIOLENCE, mental
and emotional abuse, financial control, document control, property control,
and other types of control that make a victim more likely to return to an
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. abuser due to fear of retaliation or inability to meet basic needs. Many
victims of domestic abuse,
PARTICULARLY VICTIMS OF DOMESTIC VIOLENCE ,
are unable to access the resources necessary to seek lasting safety options.
Victims need additional provisions in protection orders so that they can
meet their immediate needs of food, shelter, transportation, medical care,
and childcare for their appearance at protection order hearings. These needs
may exist not only in cases that may end in dissolution of marriage but also
in other circumstances, including cases in which reconciliation may occur.
(3) Additionally, the general assembly finds and declares that sexual
assault
VIOLENCE affects Coloradans of all ages, backgrounds, and
circumstances and is one of the most underreported of all crimes. Sexual
violence may occur in any type of relationship; however, the majority of
sexual assault
VIOLENCE is perpetrated by someone whom the victim knows.
S
EXUAL VIOLENCE CAN OCCUR IN PERSON , ONLINE, OR THROUGH
TECHNOLOGY AND MAY BE PHYSICAL
, VERBAL, WRITTEN, PICTORIAL, OR
VISUAL
. Victims of sexual assault
VIOLENCE who do not report the crime,
as well as victims who do report but whose case is not prosecuted, still need
and deserve protection from future interactions with the perpetrator, as
many victims experience long-lasting physical and emotional trauma from
unwanted contact with the perpetrator.
(4) Finally, the general assembly finds and declares that stalking is
a dangerous, high-risk crime that frequently escalates
CAN EXIST IN THE
CONTEXT OF DOMESTIC VIOLENCE AND MAY ESCALATE
over time, and that
sometimes leads tragically,
to sexual assault VIOLENCE or homicide.
Countless youth and adults in Colorado have faced the fear, isolation, and
danger of being victims of stalking, and many of these incidents go
unreported and are not prosecuted. While stalking behaviors may appear
innocuous to outside observers, the victims often endure intense physical
and emotional distress that affects all aspects of their lives and are more
likely than others to express anxiety, depression, and social dysfunction.
SECTION 2. In Colorado Revised Statutes, 13-14-101, amend (2)
introductory portion, (2.4)(a) introductory portion, and (2.9); and add (1.6)
and (2.1) as follows:
13-14-101. Definitions. For purposes of this article 14, unless the
context otherwise requires:
PAGE 2-HOUSE BILL 24-1122 (1.6) "COERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT
OF FORCE
, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
, OR TO ABSTAIN FROM
CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
.
(2) "Domestic abuse" means any
AN act, attempted act, or threatened
act of violence, stalking, harassment, or coercion that is committed by any
A person against another person to whom the actor is currently or was
formerly related or with whom the actor is living or has lived in the same
domicile. or with whom the actor is involved or has been involved in an
intimate relationship. A sexual relationship may be an indicator of an
intimate relationship but is never a necessary condition for finding an
intimate relationship. For purposes of this subsection (2), "coercion"
includes compelling a person by force, threat of force, or intimidation to
engage in conduct from which the person has the right or privilege to
abstain, or to abstain from conduct in which the person has a right or
privilege to engage. "Domestic abuse" may also include any AN act,
attempted act, or threatened act of violence against:
(2.1) "D
OMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
PARTNER VIOLENCE
", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
ATTEMPTED ACT, OR THREAT OF VIOLENCE, STALKING, HARASSMENT, OR
COERCION THAT IS COMMITTED BY A PERSON AGAINST ANOTHER PERSON
WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN INVOLVED IN AN
INTIMATE RELATIONSHIP
. A SEXUAL RELATIONSHIP MAY BE AN INDICATOR
OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY CONDITION FOR
FINDING AN INTIMATE RELATIONSHIP
.
(2.4) (a) "Protection order" means any
AN order that prohibits the
restrained person from contacting, harassing, injuring, intimidating,
molesting, threatening, touching, stalking, or
COMMITTING SEXUAL
VIOLENCE THROUGH
sexually assaulting or abusing any
A protected person
or from entering or remaining on premises, or from coming within a
specified distance of a protected person or premises, or from taking,
transferring, concealing, harming, disposing of or threatening harm to an
animal owned, possessed, leased, kept, or held by a protected person, or any
other provision to protect the protected person from imminent danger to life
or health THE RISK OR THREAT OF PHYSICAL HARM OR THE THREAT OF
PSYCHOLOGICAL OR EMOTIONAL HARM
that is issued by a court of this state
or a municipal court and that is issued pursuant to:
PAGE 3-HOUSE BILL 24-1122 (2.9) "Sexual assault or abuse VIOLENCE" means any AN UNWANTED
OR NONCONSENSUAL SEXUAL BEHAVIOR
, act OR attempted act, or threatened
act, of
INCLUDING, BUT NOT LIMITED TO, unlawful sexual behavior, as
described in section 16-11.7-102 (3), C.R.S., by any A person against
another person, regardless of the relationship between the actor and the
petitioner.
SECTION 3. In Colorado Revised Statutes, 13-14-103, amend
(1)(e) and (2)(a) as follows:
13-14-103. Emergency protection orders. (1) (e) When the
county, district, and juvenile courts are unavailable from the close of
business at the end of the day or week to the resumption of business at the
beginning of the day or week and a peace officer asserts reasonable grounds
to believe that an adult is in immediate and present danger of domestic
abuse, assault, stalking, sexual assault or abuse
VIOLENCE, or that a minor
child is in immediate and present danger of an unlawful sexual offense, as
defined in section 18-3-411 (1), C.R.S.,
or of domestic abuse, as defined in
section 13-14-101 (2), a judge made available pursuant to paragraph (d) of
this subsection (1) SUBSECTION (1)(d) OF THIS SECTION may issue a written
or verbal ex parte emergency protection order. Any written emergency
protection order issued pursuant to this subsection (1) shall
MUST be on a
standardized form prescribed by the judicial department, and a copy shall
be provided to the protected person.
(2) (a) A verbal emergency protection order may be issued pursuant
to subsection (1) of this section only if the issuing judge finds that an
imminent danger THE RISK OR THREAT OF PHYSICAL HARM OR THE THREAT
OF PSYCHOLOGICAL OR EMOTIONAL HARM EXISTS
in close proximity existsto the life or health of one or more persons or that a danger THE RISK OR
THREAT OF PHYSICAL HARM OR THE THREAT OF PSYCHOLOGICAL OR
EMOTIONAL HARM
exists to the life or health of the minor child in the
reasonably foreseeable future.
SECTION 4. In Colorado Revised Statutes, 13-14-104.5, amend
(1)(a) introductory portion, (1)(a)(IV), (3), (7), (8), (9), and (10) as follows:
13-14-104.5. Procedure for temporary civil protection order.
(1) (a) Any municipal court of record, if authorized by the municipal
governing body; any county court; and any district, probate, or juvenile
PAGE 4-HOUSE BILL 24-1122 court shall have HAS original concurrent jurisdiction to issue a temporary or
permanent civil protection order against an adult or against a juvenile who
is ten years of age or older for any of the following purposes:
(IV) To prevent sexual assault or abuse
VIOLENCE; and
(3) Venue for filing a motion or complaint pursuant to this section
is proper in any county where
ANY ONE OF the acts OR BEHAVIORS that are
the subject of the motion or complaint occur
OCCURRED, in any county
where one of the parties resides, or in any county where one of the parties
is employed. This requirement for venue does not prohibit the change of
venue to any other county appropriate under applicable law.
(7) (a) A temporary civil protection order may be issued if the
issuing judge or magistrate finds that an imminent danger
A RISK OR THREAT
OF PHYSICAL HARM OR THE THREAT OF PSYCHOLOGICAL OR EMOTIONAL
HARM
exists to the person or persons seeking protection under the civil
protection order. In determining whether an imminent danger A RISK OR
THREAT OF PHYSICAL HARM OR THE THREAT OF PSYCHOLOGICAL OR
EMOTIONAL HARM
exists to the life or health of one or more persons, the
court shall consider all relevant evidence concerning the safety and
protection of the persons seeking the protection order, The court shall not
deny a petitioner the relief requested because of the length of time between
an act of abuse or threat of harm and the filing of the petition for a
protection order. The court shall not deny a petitioner the relief requested
because REGARDLESS OF WHEN AN INCIDENT OCCURRED OR THE EXISTENCE
OF
a protection order has been
issued pursuant to section 18-1-1001 or
18-1-1001.5.
(b) If the judge or magistrate finds that an imminent danger A RISK
OR THREAT OF PHYSICAL HARM OR THE THREAT OF PSYCHOLOGICAL OR
EMOTIONAL HARM
exists to the employees of a business entity, he or she
THE JUDGE OR MAGISTRATE may issue a civil protection order in the name
of the business for the protection of the employees. An employer is not be
liable for failing to obtain a civil protection order in the name of the business for the protection of the employees and patrons.
(8) (a) Upon the filing of a complaint, duly verified, alleging that the
respondent has committed acts that would constitute grounds for a civil
protection order, any judge or magistrate, after hearing the evidence and
PAGE 5-HOUSE BILL 24-1122 being fully satisfied therein that sufficient cause exists, may issue a
temporary civil protection order to prevent the actions complained of and
a citation directed to the respondent commanding the respondent to appear
before the court at a specific time and date and to show cause, if any, why
said
THE temporary civil protection order should not be made permanent. In
addition, the court may order any other relief that the court deems
appropriate. Complaints may be filed by persons seeking protection for
themselves or for others as provided in section 26-3.1-102 (1)(b) and (1)(c).
C.R.S.
(b) THE JUDGE OR MAGISTRATE MAY CONTINUE THE TEMPORARY
PROTECTION ORDER FOR A PERIOD OF NOT MORE THAN ONE YEAR AFTER THE
DATE WHEN THE PERMANENT PROTECTION ORDER HEARING TAKES PLACE
. IF
THE TEMPORARY PROTECTION ORDER IS CONTINUED FOR ONE YEAR AND THE
PETITIONER SEEKS A PERMANENT PROTECTION ORDER
, THE PETITIONER
SHALL FILE A MOTION AT LEAST FOURTEEN DAYS BEFORE THE SCHEDULED
HEARING NOTIFYING THE COURT AND THE RESPONDENT OF THE PETITIONER
'S
INTENT TO PURSUE A PERMANENT PROTECTION ORDER ON THE DATE OF THE
SCHEDULED HEARING
.
(9) U
PON THE ISSUANCE OF A TEMPORARY CIVIL PROTECTION ORDER ,
a copy of the complaint, a copy of the temporary civil protection order, and
a copy of the citation must be served upon the respondent and upon the
person to be protected, if the complaint was filed by another person, in
accordance with the rules for service of process as provided in rule 304 of
the rules of county court civil procedure or rule 4 of the Colorado rules of
civil procedure. S
ERVICE UPON THE RESPONDENT AND UPON THE PERSON TO
BE PROTECTED IS PROHIBITED IF THE TEMPORARY PROTECTION ORDER IS
DENIED OR IF THE PETITIONER MOVES TO VACATE THE TEMPORARY
PROTECTION ORDER PRIOR TO THE COURT RECEIVING CONFIRMATION THAT
THE RESPONDENT WAS PERSONALLY SERVED OR HAD ACTUAL KNOWLEDGE
OF THE REQUEST FOR A CIVIL PROTECTION ORDER
. The citation must inform
the respondent that, if the respondent fails to appear in court in accordance
with the terms of the citation, a bench warrant may be issued for the arrest
of the respondent and the temporary protection order previously entered by
the court made permanent without further notice or service upon the
respondent. I
F THE TEMPORARY PROTECTION ORDER IS BASED IN WHOLE OR
IN PART ON AN ACT OF DOMESTIC VIOLENCE
, AS DEFINED IN SECTION
18-6-800.3, AND THE ACT OF DOMESTIC VIOLENCE INVOLVED THE THREAT OF
USE OF PHYSICAL FORCE
, USE OF PHYSICAL FORCE, OR ATTEMPTED USE OF
PAGE 6-HOUSE BILL 24-1122 PHYSICAL FORCE, THE CITATION MUST ALSO INFORM THE RESPONDENT THAT
THE RESPONDENT MUST COMPLY WITH SECTION
13-14-105.5 BY REFRAINING
FROM POSSESSING OR PURCHASING ANY FIREARM OR AMMUNITION FOR THE
DURATION OF THE ORDER AND RELI NQUISHING FOR THE DURATION OF THE
ORDER ANY FIREARM OR AMMUNITION IN THE RESPONDENT
'S IMMEDIATE
POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT
'S IMMEDIATE
POSSESSION OR CONTROL
.
(10) The return date of the citation
HEARING FOR A PERMANENT
PROTECTION ORDER
must be set not more than fourteen days after the
issuance of the temporary civil protection order and citation. If the
petitioner is unable to serve the respondent in that period, the court shall
MUST extend the temporary protection order previously issued, continue the
show of cause PERMANENT PROTECTION ORDER hearing, and issue an alias
citation stating the date and time to which the hearing is continued. The
petitioner may thereafter request, and the court may
MUST grant, additional
continuances as needed if the petitioner has still been unable to serve the
respondent
IF THE PETITIONER IS ABLE TO SHOW THE PETITIONER HAS MADE
REASONABLE EFFORTS TO SERVE THE RESPONDENT OR THAT THE
RESPONDENT IS EVADING SERVICE
.
SECTION 5. In Colorado Revised Statutes, 13-14-105, add (1.5),
(3), and (4); and repeal (1)(e) as follows:
13-14-105. Provisions relating to civil protection orders. (1) A
municipal court of record that is authorized by its municipal governing body
to issue protection or restraining orders and any county court, in connection
with issuing a civil protection order, has original concurrent jurisdiction
with the district court to include any provisions in the order that the
municipal or county court deems necessary for the protection of persons,
including but not limited to orders:
(e) (I) Awarding temporary care and control of any minor children
of either party involved for a period of not more than one year.
(II) If temporary care and control is awarded, the order may include
parenting time rights for the other party involved and any conditions of such
parenting time, including the supervision of parenting time by a third party
who agrees to the terms of the supervised parenting time and any costs
associated with supervised parenting time, if necessary. If the restrained
PAGE 7-HOUSE BILL 24-1122 party is unable to pay the ordered costs, the court shall not place such
responsibility with publicly funded agencies. If the court finds that the
safety of any child or the protected party cannot be ensured with any form
of parenting time reasonably available, the court may deny parenting time.
(III) The court may award interim decision-making responsibility of
a child to a person entitled to bring an action for the allocation of parental
responsibilities under section 14-10-123, C.R.S., when such award is
reasonably related to preventing domestic abuse as defined in section
13-14-101 (2), or preventing the child from witnessing domestic abuse.
(IV) Temporary care and control or interim decision-making
responsibility must be determined in accordance with the standard contained
in section 14-10-124, C.R.S.
(1.5) (a) A MUNICIPAL COURT OF RECORD THAT IS AUTHORIZED BY
ITS MUNICIPAL GOVERNING BODY TO ISSUE CIVIL PROTECTION OR
RESTRAINING ORDERS AND ANY COUNTY COURT
, IN CONNECTION WITH
ISSUING A CIVIL PROTECTION ORDER
, HAS ORIGINAL CONCURRENT
JURISDICTION WITH THE DISTRICT COURT AND SHALL INCLUDE IN THE ORDER
,
AT THE REQUEST OF THE PETITIONER OR RESPONDENT , A PROVISION
AWARDING TEMPORARY CARE AND CONTROL OF ANY JOINT OR SHARED
MINOR CHILDREN OF THE PARTIES INVOLVED FOR A PERIOD OF NOT MORE
THAN ONE YEAR AFTER THE DATE ON WHICH THE TEMPORARY CARE AND
CONTROL IS AWARDED IN THE TEMPORARY PROTECTION ORDER
; EXCEPT
THAT
, THIS SUBSECTION (1.5)(a) DOES NOT APPLY WHEN THE DISTRICT
COURT MAINTAINS EXCLUSIVE ORIGINAL JURISDICTION IN PROCEEDINGS TO
DETERMINE THE LEGAL CUSTODY OF A CHILD WHO COMES WITHIN THE
JUVENILE COURT
'S JURISDICTION PURSUANT TO SECTION 19-1-104.
(b) T
HE ORDER FOR TEMPORARY CARE AND CONTROL DESCRIBED IN
SUBSECTION
(1.5)(a) OF THIS SECTION MAY INCLUDE PARENTING TIME
RESPONSIBILITIES FOR BOTH PARTIES INVOLVED AND ANY CONDITIONS OF
PARENTING TIME
, INCLUDING SUPERVISED PARENTING TIME BY A THIRD
PARTY WHO AGREES TO THE TERMS OF THE SUPERVISED PARENTING TIME
,
AND ANY COSTS ASSOCIATED WITH SUPERVISED PARENTING TIME , IF
NECESSARY
. IF THE RESTRAINED PARTY IS UNABLE TO PAY THE ORDERED
COSTS
, THE COURT SHALL NOT IMPOSE THE COST ON A PUBLICLY FUNDED
AGENCY OR THE PETITIONER
. IF THE COURT FINDS THAT THE SAFETY OF ANY
CHILD OR THE PROTECTED PARTY CANNOT BE ENSURED WITH ANY FORM OF
PAGE 8-HOUSE BILL 24-1122 PARENTING TIME REASONABLY AVAILABLE , THE COURT MAY DENY
PARENTING TIME
.
(c) T
HE COURT SHALL AWARD INTERIM DECISION -MAKING
RESPONSIBILITY OF A CHILD TO A PERSON ENTITLED TO BRING AN ACTION FOR
THE ALLOCATION OF PARENTAL RESPONSIBILITIES PURSUANT TO SECTION
14-10-123 WHEN INTERIM DECISION -MAKING RESPONSIBILITY IS
REASONABLY RELATED TO PREVENTING DOMESTIC VIOLENCE OR PREVENTING
THE CHILD FROM WITNESSING DOMESTIC VIOLENCE
.
(d) T
EMPORARY CARE AND CONTROL AND INTERIM
DECISION
-MAKING RESPONSIBILITY MUST BE DETERMINED IN ACCORDANCE
WITH THE STANDARD CONTAINED IN SECTION
14-10-124.
(3) I
F THERE IS NO PENDING OR EXISTING DOMESTIC RELATIONS OR
JUVENILE CASE IN DISTRICT COURT INVOLVING JOINT OR SHARED CHILDREN
,
THE PETITIONER IS NOT REQUIRED AND MUST NOT BE INSTRUCTED TO FILE A
COMPLAINT FOR A PROTECTION ORDER IN DISTRICT COURT WHEN THE
PETITIONER IS OTHERWISE ELIGIBLE TO FILE FOR A CIVIL PROTECTION ORDER
IN COUNTY COURT
.
(4) A
TEMPORARY PROTECTION ORDER OR PERMANENT PROTECTION
ORDER ISSUED PURSUANT TO THIS ARTICLE
14 MUST BE WRITTEN AND
COMMUNICATED IN SIMPLE AND PLAIN LANGUAGE
.
SECTION 6. In Colorado Revised Statutes, 13-14-105.5, amend
(1) introductory portion as follows:
13-14-105.5. Civil protection orders - prohibition on possessing
or purchasing a firearm. (1) Order requirements. If the court subjects
a respondent to a
TEMPORARY OR PERMANENT civil protection order and the
court determines on the record after reviewing the petition for the protection
order that the protection order includes an act of domestic violence, as
defined in section 18-6-800.3 (1), and the act of domestic violence involved
the threat of use, use of, or attempted use of physical force, the court, as part
of such order:
SECTION 7. In Colorado Revised Statutes, 13-14-106, amend
(1)(a) as follows:
PAGE 9-HOUSE BILL 24-1122 13-14-106. Procedure for permanent civil protection orders.
(1) (a) On the return date of the citation PERMANENT PROTECTION ORDER
HEARING
, or on the day to which the hearing has been continued, the judge
or magistrate shall examine the record and the evidence. I
N ALL CASES
EXCEPT THOSE INVOLVING SEXUAL VIOLENCE
, if upon such
THE examination
the judge or magistrate finds by a preponderance of the evidence that the
respondent has committed acts constituting grounds for
THE issuance of a
civil protection order and that unless restrained
THE RESPONDENT will
continue to commit such
THE acts or acts designed to intimidate or retaliate
against the protected person, the judge or magistrate shall order the
temporary civil protection order to be made permanent or enter a permanent
civil protection order with provisions different from the temporary civil
protection order. A finding of imminent danger to the protected person is
not a necessary prerequisite to the issuance of a permanent civil protection
order. IF UPON THE EXAMINATION THE JUDGE OR MAGISTRATE FINDS BY A
PREPONDERANCE OF THE EVIDENCE THAT THE RESP ONDENT HAS ENGAGED
IN A BEHAVIOR CONSTITUTING GROUNDS FOR THE ISSUANCE OF A CIVIL
PROTECTION ORDER ON THE BASIS OF SEXUAL VIOLENCE AND THAT A RISK OR
THREAT OF PHYSICAL HARM OR THE THREAT OF PSYCHOLOGICAL OR
EMOTIONAL HARM EXISTS TO THE PETITIONER
, THE JUDGE OR MAGISTRATE
SHALL ORDER THE TEMPORARY CIVIL PROTECTION ORDER TO BE MADE
PERMANENT OR ENTER A PERMANENT CIVIL PROTECTION ORDER WITH
PROVISIONS DIFFERENT FROM THE TEMPORARY CIVIL PROTECTION ORDER
.
The court shall not deny a petitioner the relief requested because a
protection order has been issued pursuant to section 18-1-1001 or
18-1-1001.5. T
HE COURT SHALL ENCOURAGE THE PETITIONER TO NOTIFY THE
RESPONDENT IF THE PETITIONER INTENDS NOT TO APPEAR AT THE
PERMANENT PROTECTION ORDER HEARING
, BUT THE COURT SHALL NEITHER
REQUIRE THE PETITIONER TO ATTEND NOR ASSESS ATTORNEY FEES OR COSTS
AGAINST THE PETITIONER FOR CHOOSING NOT TO ATTEND THE HEARING
,
EXCEPT AS PROVIDED IN SECTION 13-17-102 (2), (4), AND (6). The judge or
magistrate shall inform the respondent that a violation of the civil
PERMANENT protection order constitutes a criminal offense pursuant to
section 18-6-803.5 or constitutes contempt of court and subjects the
respondent to such punishment as may be provided by law. If the
respondent fails to appear before the court for the show cause
PERMANENT
PROTECTION ORDER
hearing at the time and on the date identified in the
citation issued by the court and the court finds that the respondent was
properly served with the temporary protection order and such
THE citation,
it is not necessary to re-serve the respondent to make the AND THE COURT
PAGE 10-HOUSE BILL 24-1122 MUST ISSUE A PERMANENT protection order permanent BY DEFAULT
WITHOUT REQUIRING ADDITIONAL EVIDENCE OR TESTIMONY
. However, if the
court modifies the protection order on the motion of the protected party, the
modified protection order must be served upon the respondent
AND, IF THE
TEMPORARY PROTECTION ORDER INCLUDES AN ACT OF DOMESTIC VIOLENCE
,
AS DEFINED IN SECTION 18-6-800.3, AND THE ACT OF DOMESTIC VIOLENCE
INVOLVED THE THREAT OF USE OF PHYSICAL FORCE
, USE OF PHYSICAL FORCE,
OR ATTEMPTED USE OF PHYSICAL FORCE , THE TEMPORARY PROTECTION
ORDER MUST ALSO INFORM THE RESPONDENT THAT THE RESPONDENT MUST
COMPLY WITH SECTION
13-14-105.5 BY REFRAINING FROM POSSESSING OR
PURCHASING A FIREARM OR AMMUNITION FOR THE DURATION OF THE ORDER
AND RELINQUISHING FOR THE DURATION OF THE ORDER A FIREARM OR
AMMUNITION IN THE RESPONDENT
'S IMMEDIATE POSSESSION OR CONTROL OR
SUBJECT TO THE RESPONDENT
'S IMMEDIATE POSSESSION OR CONTROL .
SECTION 8. In Colorado Revised Statutes, 13-14-108, amend (1),
(2)(b), and (5) as follows:
13-14-108. Modification and termination of civil protection
orders. (1) Any order granted pursuant to section 13-14-105 (1)(c) or
(1)(e) must terminate SECTION 13-14-105 (1)(c) OR (1.5) TERMINATES
whenever a subsequent order regarding the same subject matter is granted
pursuant to the "Uniform Dissolution of Marriage Act", article 10 of title
14; C.R.S.,
the "Uniform Child-custody Jurisdiction and Enforcement Act",
article 13 of title 14; C.R.S., or the "Colorado Children's Code", title 19.
C.R.S.
(2) (b) The restrained party may apply to the court for modification,
including, but not limited to, a modification of the duration of the protection
order or dismissal of a permanent protection order pursuant to this section.
However, if a permanent protection order has been issued or if a motion for
modification or dismissal of a permanent protection order has been filed by
the restrained party, whether or not it
THE MOTION was granted, no A motion
to modify or dismiss may
NOT be filed by the restrained party within two
years after issuance of the permanent order or
AFTER disposition of the prior
motion.
(5) The court shall hear any motion filed pursuant to subsection (2)
of this section,
EXCEPT FOR A MOTION THAT DOES NOT COMPLY WITH
SUBSECTION
(3)(b) OF THIS SECTION. The party moving for a modification
PAGE 11-HOUSE BILL 24-1122 or dismissal of a temporary or permanent protection order pursuant to
subsection (2) of this section shall affect personal service on the other party
with a copy of the motion and notice of the hearing on the motion, as
provided by rule 4 (e) of the Colorado rules of civil procedure. The moving
party shall bear
BEARS the burden of proof to show, by a preponderance of
the evidence, that the modification is appropriate or that a dismissal is
appropriate because the protection order is no longer necessary. If the
protected party has requested that his or her
THE PROTECTED PARTY 'S
address be kept confidential, the court shall not disclose such information to the restrained party or any other person, except as otherwise authorized by law.
SECTION 9. In Colorado Revised Statutes, 13-14-109, amend (1)
and (2) as follows:
13-14-109. Fees and costs. (1) (a) The court may assess a filing fee
against a petitioner seeking relief under
PURSUANT TO this article ARTICLE
14; except that the court may not assess a filing fee against a petitioner if the court determines the petitioner is seeking the protection order as a victim of domestic abuse, domestic violence as defined in section
18-6-800.3 (1), C.R.S., DOMESTIC VIOLENCE, stalking, or sexual assault or
abuse VIOLENCE. The court shall provide the necessary number of certified
copies at no cost to petitioners.
(b) T
HE COURT SHALL NEITHER AWARD ANY COSTS NOR ASSESS ANY
FEES
, INCLUDING ATTORNEY FEES, AGAINST A PETITIONER SEEKING RELIEF
PURSUANT TO THIS ARTICLE
14, EXCEPT AS PROVIDED IN SUBSECTION (1)(a)
OF THIS SECTION AND SECTION 13-17-102 (2), (4), AND (6).
(2) A state or public agency may
SHALL not assess fees for service
of process against a petitioner seeking relief under PURSUANT TO this article
ARTICLE 14 as a victim of conduct consistent with the following: domestic
abuse, domestic violence as defined in section 18-6-800.3 (1), C.R.S.,
stalking, or sexual assault or abuse VIOLENCE.
SECTION 10. In Colorado Revised Statutes, add 13-14-111 as
follows:
13-14-111. Transfer of wireless telephone service in domestic
abuse cases - definitions. (1) I
N ADDITION TO THE OPTIONS DESCRIBED IN
PAGE 12-HOUSE BILL 24-1122 SECTION 13-14-103 (1)(b), AS PART OF A REQUEST FOR A TEMPORARY OR
PERMANENT PROTECTION ORDER IN A CASE INVOLVING DOMESTIC VIOLENCE
,
SEXUAL VIOLENCE, OR STALKING, THE COURT MAY ENTER AN ORDER
DIRECTING A WIRELESS TELEPHONE SERVICE PROVIDER TO TRANSFER THE
FINANCIAL RESPONSIBILITY FOR AND RIGHTS TO A WIRELESS TELEPHONE
NUMBER OR NUMBERS TO THE PETITIONER IF THE PETITIONER
:
(a) I
S NOT THE ACCOUNT HOLDER; AND
(b) PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE
PETITIONER AND ANY MINOR CHILDREN IN THE PETITIONER
'S CARE ARE THE
PRIMARY USERS OF EACH WIRELESS TELEPHONE NUMBER THAT THE
PETITIONER REQUESTED BE TRANSFERRED PURSUANT TO THIS SECTION
.
(2) (a) A
N ORDER TRANSFERRING THE FINANCIAL RESPONSIBILITY
FOR AND RIGHTS TO A WIRELESS TELEPHONE NUMBER OR NUMBERS TO A
PETITIONER PURSUANT TO THIS SECTION MUST BE A SEPARATE WRITTEN
ORDER THAT IS DIRECTED TO THE WIRELESS TELEPHONE SERVICE PROVIDER
.
(b) T
HE ORDER MUST LIST THE NAME AND BILLING TELEPHONE
NUMBER OF THE ACCOUNT HOLDER
, THE NAME AND CONTACT INFORMATION
OF THE PETITIONER TO WHOM THE TELEPHONE NUMBER OR NUMBERS WILL
BE TRANSFERRED
, AND EACH TELEPHONE NUMBER TO BE TRANSFERRED TO
THE PETITIONER
.
(c) T
HE COURT SHALL ENSURE THAT THE PETITIONER 'S CONTACT
INFORMATION IS NOT PROVIDED TO THE ACCOUNT HOLDER IN PROCEEDINGS
HELD PURSUANT TO THIS ARTICLE
14.
(d) T
HE ORDER MUST BE SENT OR DELIVERED IN PERSON OR
ELECTRONICALLY BY THE PETITIONER TO THE WIRELESS TELEPHONE SERVICE
PROVIDER
'S REGISTERED AGENT.
(e) A
WIRELESS TELEPHONE SERVICE PROVIDER MUST TERMINATE
THE ACCOUNT HOLDER
'S USE OF A TELEPHONE NUMBER THAT THE COURT HAS
ORDERED TO BE TRANSFERRED TO THE PETITIONER PURSUANT TO THIS
SECTION UNLESS THE WIRELESS TELEPHONE SERVICE PROVIDER NOTIFIES THE
PETITIONER AND THE COURT WITHIN FIVE BUSINESS DAYS AFTER THE
WIRELESS TELEPHONE SERVICE PROVIDER RECEIVES THE ORDER EITHER THAT
AN ACCOUNT HOLDER NAMED IN THE ORDER HAS TERMINATED THE ACCOUNT
PAGE 13-HOUSE BILL 24-1122 OR THAT THE REQUESTED TRANSFER CANNOT BE EFFECTUATED DUE TO
DIFFERENCES IN NETWORK TECHNOLOGY THAT PREVENT FUNCTIONALITY OF
A DEVICE ON THE NETWORK OR DUE TO GEOGRAPHIC LIMITATIONS ON
NETWORK OR SERVICE AVAILABILITY
.
(3) A
TRANSFER ORDERED PURSUANT TO THIS SECTION DOES NOT
PRECLUDE A WIRELESS TELEPHONE SERVICE PROVIDER FROM APPLYING ANY
ROUTINE AND CUSTOMARY REQUIREMENTS FOR ACCOUNT ESTABLISHMENT
TO THE PETITIONER AS PART OF THE TRANSFER OF FINANCIAL RESPONSIBILITY
FOR A WIRELESS TELEPHONE NUMBER OR NUMBERS AND ANY DEVICES
ATTACHED TO THE NUMBER OR NUMBERS
, INCLUDING, WITHOUT LIMITATION,
IDENTIFICATION, FINANCIAL INFORMATION, AND CUSTOMER PREFERENCES .
(4) A
WIRELESS TELEPHONE SERVICE PROVIDER IS IMMUNE FROM
CIVIL LIABILITY FOR COMPLYING WITH AN ORDER TO TRANSFER A TELEPHONE
NUMBER PURSUANT TO THIS SECTION
.
(5) F
OR PURPOSES OF THIS SECTION:
(a) "A
CCOUNT HOLDER" MEANS A RESPONDENT WHO HAS A CIVIL
PROTECTION ORDER ISSUED AGAINST THEM
, THE UNDERLYING BASIS OF
WHICH INCLUDES AN ACT OF DOMESTIC VIOLENCE
, SEXUAL VIOLENCE, OR
STALKING AND MAINTAINS AN ACCOUNT WITH A WIRELESS TELEPHONE
SERVICE PROVIDER
.
(b) "F
INANCIAL RESPONSIBILITY" MEANS AN OBLIGATION TO PAY
SERVICE FEES AND OTHER COSTS AND CHARGES ASSOCIATED WITH A
TELEPHONE NUMBER
.
(c) "W
IRELESS TELEPHONE SERVICE PROVIDER" MEANS A PERSON OR
ENTITY THAT PROVIDES OR RESELLS COMMERCIAL MOBILE SERVICE
, AS
DEFINED IN SECTION
47 U.S.C. SEC. 332 (d)(1).
SECTION 11. Effective date. This act takes effect January 1, 2025.
SECTION 12. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 14-HOUSE BILL 24-1122 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-HOUSE BILL 24-1122