House Bill 25-1187 Preamended

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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. A restrained party may file a

• Page 2, Line 19motion for a protective order concerning the documentation

• Page 2, Line 20submitted to the court pursuant to this section and in

• Page 2, Line 21compliance with rule 121 (1-5)(3) of the Colorado rules of civil

• Page 2, Line 22procedure in conjunction with a motion for modification of the

• Page 2, Line 23protection order. The protected party must be given twenty-one

• Page 2, Line 24days to respond to the motion for the protective order and the

• Page 3, Line 1restrained party must be given seven days to respond to the

• Page 3, Line 2protected party's response. If the court finds the harm to the

• Page 3, Line 3privacy of the person who the documents concern outweighs the

• Page 3, Line 4public interest to access, the court may limit access to anyone

• Page 3, Line 5who is not a party to the case or may prohibit the use of the

• Page 3, Line 6documentation in any other matter. The documentation must be

• Page 3, Line 7suppressed in the court record until the court determines who may access the documentation.

• Page 3, Line 8SECTION 2.  Safety clause. The general assembly finds,

• Page 3, Line 9determines, and declares that this act is necessary for the immediate

• Page 3, Line 10preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 11the support and maintenance of the departments of the state and state institutions.