HOUSE BILL 25-1148
BY REPRESENTATIVE(S) Bacon and Carter, Brown, English, Jackson,
Lindsay, Mabrey, Story, Valdez, Willford, Zokaie;
also SENATOR(S) Gonzales J. and Weissman, Ball, Cutter, Exum, Jodeh,
Wallace, Coleman.
C
ONCERNING PROTECTION ORDERS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 18-1-1001, amend (1),
(2), and (3); repeal (4); and add (6.5) as follows:
18-1-1001. Protection order against defendant - definitions.
(1) (a) There is created a mandatory protection order against any
A person
charged with a criminal violation of any of the provisions of this title 18,
which order remains in effect from the time that the person is advised of the
person's rights at arraignment or the person's first appearance before the
court and
IS informed of such
THE order until final disposition of the action,
Such UNLESS OTHERWISE ORDERED BY THE COURT PURSUANT TO
SUBSECTION
(3)(a) OR (6.5) OF THIS SECTION. THE order restrains
MUST
RESTRAIN
the person charged from harassing, molesting, intimidating,
retaliating against, or tampering with any witness to or victim of the acts
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. charged.
(b) The protection order issued pursuant to this section must be on
a standardized form prescribed by the judicial department, and a copy
provided to the protected parties. T
HE STANDARDIZED FORM MUST :
(I) I
NCLUDE THE INFORMATION NECESSARY TO PROPERLY IDENTIFY
THE NAMES OF PERSONS AND LOCATIONS FROM WHICH THE PERSON IS
RESTRAINED BY THE ORDER
;
(II) I
NCLUDE ANY OTHER ORDERS OF THE PROTECTION ORDER THAT
RESTRAIN THE PERSON FROM HARASSING
, MOLESTING, INTIMIDATING,
RETALIATING AGAINST, OR TAMPERING WITH ANY WITNESS TO OR VICTIM OF
THE ACTS CHARGED
; AND
(III) IDENTIFY IF THE PROTECTION ORDER IS ISSUED IN A CASE
INVOLVING DOMESTIC VIOLENCE AS DEFINED IN SECTION
18-6-800.3 OR A
CASE INVOLVING CRIMES LISTED IN SECTION
24-4.1-302.
(c) A
PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION IS
LIMITED TO ORDERS FOR THE PROTECTION OF A WITNESS TO
, OR VICTIM OF,
THE ACTS CHARGED AND MUST NOT INCLUDE ORDERS THAT RELATE TO THE
CONDITIONS OF PRETRIAL RELEASE AS PROVIDED IN SECTION
16-4-105. AN
ORDER PROHIBITING THE RESTRAINED PERSON FROM POSSESSION OR
CONSUMPTION OF ALCOHOL OR CONT ROLLED SUBSTANCES AS A CONDITION
OF A PROTECTION ORDER MUST COMPLY WITH THE REQUIREMENTS IN
SUBSECTION
(3)(a)(II)(D) OF THIS SECTION.
(2) At the time of arraignment or the person's first appearance before
the court, the court shall inform the defendant of the protection order
effective pursuant to this section and shall inform the defendant that a
violation of such order is punishable by contempt
AND MAY CONSTITUTE A
MISDEMEANOR OFFENSE OF VIOLATION OF A PROTECTION ORDER AS
PROVIDED IN SECTION
18-6-803.5. AS APPLICABLE, THE COURT SHALL ALSO
INFORM THE DEFENDANT THAT CONDUCT THAT VIOLATES THE PROTECTION
ORDER MAY CONSTITUTE A FELONY OFFENSE OF INTIMIDATING A WITNESS OR
VICTIM AS PROVIDED IN SECTION
18-8-704 OR RETALIATION AGAINST A
WITNESS OR VICTIM AS PROVIDED IN SECTION
18-8-706.
(3) (a) (I) Nothing in this section precludes the defendant from
PAGE 2-HOUSE BILL 25-1148 applying to the court at any time for modification or dismissal of the
protection order issued pursuant to this section or the district attorney from
applying to the court at any time for further orders, additional provisions
under the protection order, or modification or dismissal of the same. The
trial court retains jurisdiction to enforce, modify, or dismiss the protection
order until final disposition of the action.
(II) Upon motion of the district attorney or on the court's own
motion, for the protection of the alleged victim or witness, the court may in
cases involving domestic violence as defined in section 18-6-800.3 (1) and
cases involving crimes listed in section 24-4.1-302, except those listed in
subsections (1)(cc.5) and (1)(cc.6) of that section, enter any of the following
further orders against the defendant
FOR THE PROTECTION OF THE ALLEGED
VICTIM OR WITNESS
:
(I)
(A) An order to vacate or stay away from the home of the alleged
victim or witness and to stay away from any other location where the AN
ALLEGED
victim or witness is likely to be found;
(II)
(B) An order to refrain from contact or direct or indirect
communication with the alleged victim or witness;
(III) (C) An order prohibiting possession or control of firearms or
other weapons;
(IV) (D) WHEN AVAILABLE INFORMATION SUPPORTS A SUFFICIENT
NEXUS BETWEEN THE POSSESSION OR CONSUMPTION OF ALCOHOL OR
CONTROLLED SUBSTANCES AND THE SAFETY OF THE ALLEGED VICTIM OR
WITNESS
, an order prohibiting possession or consumption of alcohol or
controlled substances
WITHOUT A VALID PRESCRIPTION; EXCEPT THAT, IN A
CASE INVOLVING DOMESTIC VIOLENCE AS DEFINED IN SECTION
18-6-800.3 OR
A CASE INVOLVING CRIMES LISTED IN SECTION
24-4.1-302, THE COURT MAY
ENTER AN ORDER PROHIBITING POSSESSION OR CONSUMPTION OF ALCOHOL
OR CONTROLLED SUBSTANCES WITHOUT A VALID PRESCRIPTION IF THE COURT
DEEMS IT APPROPRIATE FOR THE SAFETY OF AN ALLEGED VICTIM OR WITNESS
;
(V)
(E) An order prohibiting the taking, transferring, concealing,
harming, disposing of, or threatening to harm an animal owned, possessed,
leased, kept, or held by an alleged victim or witness; and
PAGE 3-HOUSE BILL 25-1148 (VI) (F) Any other order the court deems appropriate NECESSARY to
protect the safety of the alleged victim or witness PROTECTED PERSON FROM
IMMINENT DANGER TO THE PROTECTED PERSON
'S LIFE OR HEALTH.
(b) Any further orders issued pursuant to subsection (3)(a) of this
section are
ONLY for the protection of a victim OF or witness and not
TO THE
OFFENSE CHARGED
. A COURT SHALL NOT INCLUDE AN ORDER IN A
PROTECTION ORDER
for the protection of the defendant, including for the
protection of the defendant from the use of alcohol or other substances,
OR
TO ENFORCE A CONDITION OF BOND MANDATED PURSUANT TO SECTION
16-4-105 (3), (5), OR (6) OR A CONDITION OF BOND THAT ASSISTS IN
OBTAINING THE APPEARANCE OF THE DEFENDANT IN COURT OR ENSURING
COMMUNITY SAFETY AS DESCRIBED IN SECTION
16-4-105 (8).
(4) Any person failing to comply with a protection order issued
pursuant to this section commits the crime of violation of a protection order
and may be punished as provided in section 18-6-803.5.
(6.5) AT THE TIME OF SENTENCING OR OTHER RESOLUTION OF THE
CRIMINAL CASE THAT DOES NOT INVOLVE SENTENCING THE DEFENDANT
, THE
COURT SHALL REVIEW EACH PROVISION OF THE PROTECTION ORDER TO
ENSURE THAT ALL INFORMATION IN THE PROTECTION ORDER IS ACCURATE
AND DETERMINE WHETHER TO
, GIVEN THE CIRCUMSTANCES OF THE CRIMINAL
CASE
, MODIFY ANY PROVISIONS OF THE PROTECTION ORDER . THE COURT MAY
DISMISS A PROTECTION ORDER IF THE COURT DETERMINES THE PROVISIONS
OF THE PROTECTION ORDER ARE NO LONGER NECESSARY AND THE
PROTECTION ORDER WAS NOT ISSUED IN A CASE INVOLVING DOMESTIC
VIOLENCE AS DEFINED IN SECTION
18-6-800.3 OR A CASE INVOLVING CRIMES
LISTED IN SECTION
24-4.1-302.
SECTION 2. In Colorado Revised Statutes, 18-6-803.5, amend
(1)(a), (1)(c), (2)(c), and (7); and add (3)(b.5) as follows:
18-6-803.5. Crime of violation of a protection order - penalty -
peace officers' duties - definitions. (1) A person commits the crime of
violation of a protection order if, after the person has been personally served
with a protection order that identifies the person as a restrained person or
otherwise has acquired from the court or law enforcement personnel actual
knowledge of the contents of a protection order that identifies the person as
a restrained person, the person:
PAGE 4-HOUSE BILL 25-1148 (a) (I) Contacts, harasses, injures, intimidates, molests, threatens, or
touches the protected person or protected property, including an animal,
identified in the protection order; or
(II) Enters or remains on premises or comes within a specified
distance of the protected person, protected property, including an animal,
or premises; or
(III) POSSESSES OR CONSUMES ALCOHOL OR CONTROLLED
SUBSTANCES IF PROHIBITED BY THE PROTECTION ORDER
;
(IV) Violates any other provision of the protection order to protect
the protected person from imminent danger to life or health, and such
THE
conduct is prohibited by the protection order;
(c) (I) Violates a civil protection order issued pursuant to section
13-14-105.5 or a mandatory protection order issued pursuant to section
18-1-1001 (9) by:
(I) (A) Possessing or attempting to purchase or receive a firearm or
ammunition while the protection order is in effect; or
(II) (B) Failing to timely file a signed affidavit or written statement
with the court as described in section 13-14-105.5; (9), 18-1-1001 (9)(i), or
18-6-801 (8)(i). OR
(II) VIOLATES A MANDATORY PROTECTION ORDER ISSUED PURSUANT
TO SECTION
18-1-1001 THAT INCLUDES TERMS REQUIRED BY SECTION
18-1-1001 (9) BY:
(A) P
OSSESSING OR ATTEMPTING TO PURCHASE OR RECEIVE A
FIREARM OR AMMUNITION WHILE THE PROTECTION ORDER IS IN EFFECT
; OR
(B) FAILING TO TIMELY FILE A SIGNED AFFIDAVIT OR WRITTEN
STATEMENT WITH THE COURT AS DESCRIBED IN SECTION
18-1-1001 (9)(i) OR
18-6-801 (8)(i).
(2) (c) Nothing in this section shall preclude
PRECLUDES the ability
of a municipality to enact concurrent ordinances. Any sentence imposed for
a violation of this section shall
MUST run consecutively and not concurrently
PAGE 5-HOUSE BILL 25-1148 with any sentence imposed for any A crime which gave rise to the issuing
of the protection order INVOLVING DOMESTIC VIOLENCE AS DEFINED IN
SECTION
18-6-800.3 OR A CRIME LISTED IN SECTION 24-4.1-302, EXCEPT FOR
THE CRIMES LISTED IN SECTION
24-4.1-302 (1)(cc.5) AND (1)(cc.6).
(3) (b.5) N
OTWITHSTANDING THE REQUIREMENT IN SUBSECTION
(3)(b) OF THIS SECTION TO ARREST, OR SEEK A WARRANT FOR THE ARREST
OF
, A RESTRAINED PERSON, A PEACE OFFICER MAY EXERCISE DISCRETION IN
DETERMINING WHETHER TO ARREST OR SEEK AN ARREST WARRANT FOR A
RESTRAINED PERSON OR ISSUE A RESTRAINED PERSON A SUMMONS TO
APPEAR WHEN A PEACE OFFICER HAS PROBABLE CAUSE THAT THE
RESTRAINED PERSON HAS VIOLATED OR ATTEMPTED TO VIOLATE A
PROTECTION ORDER BY
:
(I) P
OSSESSING OR CONSUMING ALCOHOL OR CONTROLLED
SUBSTANCES PURSUANT TO SUBSECTION
(1)(a)(III) OF THIS SECTION;
(II) V
IOLATING A TERM INCLUDED IN THE PROTECTION ORDER TO
PROTECT THE PROTECTED PERSON FROM IMMINENT DANGER TO LIFE OR
HEALTH PURSUANT TO SUBSECTION
(1)(a)(IV) OF THIS SECTION WHEN THE
PROTECTION ORDER WAS NOT ISSUED IN A CASE INVOLVING DOMESTIC
VIOLENCE AS DEFINED IN SECTION
18-6-800.3 OR A CASE INVOLVING CRIMES
LISTED IN SECTION
24-4.1-302, EXCEPT FOR THE CRIMES LISTED IN SECTION
24-4.1-302 (1)(cc.5) AND (1)(cc.6); OR
(III) FAILING TO TIMELY FILE A SIGNED AFFIDAVIT OR WRITTEN
STATEMENT WITH THE COURT PURSUANT TO SUBSECTION
(1)(c)(II) OF THIS
SECTION
.
(7) The protection order shall
MUST contain in capital letters and
bold print a notice informing the protected person that such THE protected
person may either initiate contempt proceedings against the restrained
person if the order is issued in a civil action or,
IF THE ORDER IS ISSUED IN
A CRIMINAL ACTION
, request the prosecuting attorney to initiate contempt
proceedings if the order is issued in a criminal action
OR THE PROSECUTION
OF CRIMINAL CONDUCT
.
SECTION 3. In Colorado Revised Statutes, 18-19-102, amend the
introductory portion and (1)(a) as follows:
PAGE 6-HOUSE BILL 25-1148 18-19-102. Definitions. As used in this article ARTICLE 19, unless
the context otherwise requires:
(1) "Alcohol- or drug-related offender" means a person convicted
of any of the following offenses or of attempt to commit any of the
following offenses:
(a) Violation of a protection order as described in section
18-1-1001
(4), SECTION 18-6-803.5 if the VIOLATION INVOLVED A MANDATORY
CRIMINAL
protection order EFFECTIVE PURSUANT TO SECTION 18-1-1001,
THE ORDER prohibited the possession or consumption of alcohol or
controlled substances, and the violation related to such provisions;
SECTION 4. Effective date - applicability. This act takes effect
July 1, 2025, and applies to protection orders issued in relation to offenses
committed on or after said date.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 7-HOUSE BILL 25-1148 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 James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 8-HOUSE BILL 25-1148