House Bill 25-1187 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the release of certain documentation submitted

• Page 1, Line 102to the court in a proceeding related to a civil

• Page 1, Line 103protection order.

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.)

Current law requires the restrained party to submit the results of a criminal background check with a petition to modify or terminate a civil protection order. The bill clarifies that only the court may receive the background check submitted by a restrained party and allows the court to release the documentation to the protected party only upon consent of the restrained party.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 13-14-108, amend (3)(b) as follows:

• Page 2, Line 313-14-108.  Modification and termination of civil protection

• Page 2, Line 4orders. (3) (b)  A court shall not consider a motion to modify a protection

• Page 2, Line 5order filed by a restrained party pursuant to paragraph (a) of this

• Page 2, Line 6subsection (3) subsection (3)(a) of this section unless the court

• Page 2, Line 7receives the results of a fingerprint-based criminal history record check

• Page 2, Line 8of the restrained party that is conducted within ninety days prior to the

• Page 2, Line 9filing of the motion. The fingerprint-based criminal history record check

• Page 2, Line 10must include a review of the state and federal criminal history records

• Page 2, Line 11maintained by the Colorado bureau of investigation and federal bureau of

• Page 2, Line 12investigation. The restrained party shall be is responsible for supplying

• Page 2, Line 13fingerprints to the Colorado bureau of investigation and to the federal

• Page 2, Line 14bureau of investigation and paying the costs of the record checks. The

• Page 2, Line 15restrained party may be required by the court The court may require

• Page 2, Line 16the restrained party to provide certified copies of any criminal

• Page 2, Line 17dispositions that are not reflected in the state or federal records and any

• Page 2, Line 18other dispositions that are unknown. Only the court is authorized to

• Page 2, Line 19receive the documentation submitted to the court pursuant to

• Page 2, Line 20this subsection (3)(b). The court shall not provide any

• Page 2, Line 21documentation submitted to the court pursuant to this

• Page 2, Line 22subsection (3)(b) to the protected party, unless the restrained party provides consent.

• Page 2, Line 23SECTION 2.  Safety clause. The general assembly finds,

• Page 3, Line 1determines, and declares that this act is necessary for the immediate

• Page 3, Line 2preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 3the support and maintenance of the departments of the state and state institutions.