A Bill for an Act
Page 1, Line 101Concerning who may petition a court for an extreme risk
Page 1, Line 102protection 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.)
The bill adds a health-care facility that employs a health-care professional or mental health professional and a co-responder who is part of a co-responder community response to the list of community members who may petition the court for an extreme risk protection order. The bill adds health-care facilities, behavioral health treatment facilities, K-12 schools, and institutions of higher education as institutional petitioners that may petition a court for an extreme risk protection order.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-14.5-102, amend
Page 2, Line 3(1), (2), and (11); and add (6.5) as follows:
Page 2, Line 413-14.5-102. Definitions.
Page 2, Line 5As used in this article 14.5, unless the context otherwise clearly
Page 2, Line 6requires:
Page 2, Line 7(1) "Community member" means:
Page 2, Line 8(a) A licensed health-care professional or mental health
Page 2, Line 9professional who, through a direct professional relationship, provided
Page 2, Line 10care to the respondent or the respondent's child within six months before
Page 2, Line 11requesting the protection order;
orPage 2, Line 12(b) A health-care facility that employs the licensed
Page 2, Line 13health-care professional or mental health professional
Page 2, Line 14described in subsection (1)(a) of this section if the health-care
Page 2, Line 15facility is licensed or certified in accordance with the
Page 2, Line 16requirements of part 1 of article 3 of title 25 and provided care
Page 2, Line 17to the respondent or the respondent's child within six months
Page 2, Line 18before requesting the protection order;
Page 2, Line 19(c) An educator who, through a direct professional relationship,
Page 2, Line 20interacted with the respondent or the respondent's child within six months
Page 2, Line 21before requesting the protection order; or
Page 2, Line 22(d) A co-responder who is part of a co-responder
Page 2, Line 23community response, as defined in section 24-32-3501 (8)(d), who,
Page 2, Line 24in their capacity as a co-responder, interacted with the
Page 2, Line 25respondent or the respondent's child within six months before
Page 3, Line 1requesting the protection order but who is not a law
Page 3, Line 2enforcement officer who responded to a behavioral
Page 3, Line 3health-related call involving the respondent.
Page 3, Line 4(2) "Educator" means a teacher employed to instruct students or
Page 3, Line 5a school administrator in a school district, private school, charter school
Page 3, Line 6institute, or an individual charter school; or a faculty member at an
Page 3, Line 7institution of higher education, including a community college, a
Page 3, Line 8local district college, or an area technical college.
Page 3, Line 9(6.5) "Institutional petitioner" means an entity that
Page 3, Line 10employs or contracts with a community member as defined in this
Page 3, Line 11section, including, but not limited to:
Page 3, Line 12(a) A school district;
Page 3, Line 13(b) A private school;
Page 3, Line 14(c) The state charter school institute created in section
Page 3, Line 1522-30.5-503;
Page 3, Line 16(d) An individual district charter school or institute
Page 3, Line 17charter school;
Page 3, Line 18(e) An institution of higher education, including a
Page 3, Line 19community college, a local district college, or an area
Page 3, Line 20technical college;
Page 3, Line 21(f) A hospital or health-care facility licensed in
Page 3, Line 22accordance with the requirements of part 1 of article 3 of title
Page 3, Line 2325; or
Page 3, Line 24(g) A behavioral health or substance use disorder
Page 3, Line 25treatment facility or other facility where behavioral health
Page 3, Line 26crisis services are offered.
Page 3, Line 27(11) "Respondent" means the person, including a minor, who
Page 4, Line 1is identified as the respondent in a petition filed pursuant to this article
Page 4, Line 214.5.
Page 4, Line 3SECTION 2. In Colorado Revised Statutes, 13-14.5-103, amend
Page 4, Line 4(1)(a) and (1)(b) as follows:
Page 4, Line 513-14.5-103. Temporary extreme risk protection orders.
Page 4, Line 6(1) (a) A family or household member of the respondent, a
Page 4, Line 7community member, an institutional petitioner, or a law enforcement
Page 4, Line 8officer or agency may request a temporary extreme risk protection order
Page 4, Line 9without notice to the respondent by including in the petition for the
Page 4, Line 10extreme risk protection order an affidavit, signed under oath and penalty
Page 4, Line 11of perjury, supporting the issuance of a temporary extreme risk protection
Page 4, Line 12order that sets forth the facts tending to establish the grounds of the
Page 4, Line 13petition or the reason for believing they exist and, if the petitioner is a
Page 4, Line 14family or household member or community member, attesting that the
Page 4, Line 15petitioner is a family or household member or community member. The
Page 4, Line 16petition must comply with the requirements of section 13-14.5-104 (3).
Page 4, Line 17If the petitioner is a law enforcement officer or law enforcement agency,
Page 4, Line 18the law enforcement officer or law enforcement agency shall concurrently
Page 4, Line 19file a sworn affidavit for a court to issue a search warrant pursuant to
Page 4, Line 20section 16-3-301.5 to search for any firearms in the possession or control
Page 4, Line 21of the respondent at a location or locations to be named in the warrant. If
Page 4, Line 22a petition filed pursuant to section 27-65-106 is also filed against the
Page 4, Line 23respondent, a court of competent jurisdiction may hear that petition at the
Page 4, Line 24same time as the hearing for a temporary extreme risk protection order or
Page 4, Line 25the hearing for a continuing extreme risk protection order.
Page 4, Line 26(b) Notwithstanding any provision of law to the contrary, a
Page 4, Line 27licensed health-care professional,
orPage 5, Line 1or institutional petitioner authorized to file a petition for a temporary
Page 5, Line 2extreme risk protection order, upon filing the petition for a temporary
Page 5, Line 3extreme risk protection order, is authorized to disclose protected health
Page 5, Line 4information of the respondent as necessary for the full investigation and
Page 5, Line 5disposition of the request for a temporary extreme risk protection order.
Page 5, Line 6When disclosing protected health information, the licensed health-care
Page 5, Line 7professional,
orPage 5, Line 8petitioner shall make reasonable efforts to limit protected health
Page 5, Line 9information to the minimum necessary to accomplish the filing of the
Page 5, Line 10petition. Upon receipt of a petition by a licensed health-care professional,
Page 5, Line 11
orPage 5, Line 12and for good cause shown, the court may issue orders to obtain any
Page 5, Line 13records or documents relating to diagnosis, prognosis, or treatment, and
Page 5, Line 14clinical records, of the respondent as necessary for the full investigation
Page 5, Line 15and disposition of the petition for a temporary extreme risk protection
Page 5, Line 16order. When protected health information is disclosed or when the court
Page 5, Line 17receives any records or documents related to diagnosis, prognosis, or
Page 5, Line 18treatment or clinical records, the court shall order that the parties are
Page 5, Line 19prohibited from using or disclosing the protected health information for
Page 5, Line 20any purpose other than the proceedings for a petition for a temporary
Page 5, Line 21extreme risk protection order and shall order the return to the covered
Page 5, Line 22entity or destroy the protected health information, including all copies
Page 5, Line 23made, at the end of the litigation or proceeding. The court shall seal all
Page 5, Line 24records and other health information received that contain protected
Page 5, Line 25health information. The decision of a licensed health-care professional,
Page 5, Line 26
orPage 5, Line 27to disclose or not to disclose records or documents relating to the
Page 6, Line 1diagnosis, prognosis, or treatment, and clinical records of a respondent,
Page 6, Line 2when made reasonably and in good faith, shall not be the basis for any
Page 6, Line 3civil, administrative, or criminal liability with respect to the licensed
Page 6, Line 4health-care professional,
orPage 6, Line 5institutional petitioner.
Page 6, Line 6SECTION 3. In Colorado Revised Statutes, 13-14.5-104, amend
Page 6, Line 7(1)(a) and (1)(b) as follows:
Page 6, Line 813-14.5-104. Petition for extreme risk protection order.
Page 6, Line 9(1) (a) A petition for an extreme risk protection order may be filed
Page 6, Line 10by a family or household member of the respondent, a community
Page 6, Line 11member, an institutional petitioner, or a law enforcement officer or
Page 6, Line 12agency. If the petition is filed by a law enforcement officer or agency, a
Page 6, Line 13county or city attorney shall represent the officer or agency in any judicial
Page 6, Line 14proceeding upon request. If the petition is filed by a family or household
Page 6, Line 15member or community member, the petitioner, to the best of the
Page 6, Line 16petitioner's ability, shall notify the law enforcement agency in the
Page 6, Line 17jurisdiction where the respondent resides of the petition and the hearing
Page 6, Line 18date with enough advance notice to allow for participation or attendance.
Page 6, Line 19Upon the filing of a petition, the court shall appoint an attorney to
Page 6, Line 20represent the respondent, and the court shall include the appointment in
Page 6, Line 21the notice of hearing provided to the respondent pursuant to section
Page 6, Line 2213-14.5-105 (1)(a). The respondent may replace the attorney with an
Page 6, Line 23attorney of the respondent's own selection at any time at the respondent's
Page 6, Line 24own expense. The court shall pay the attorney fees for an attorney
Page 6, Line 25appointed for the respondent.
Page 6, Line 26(b) Notwithstanding any provision of law to the contrary, a
Page 6, Line 27licensed health-care professional,
orPage 7, Line 1or institutional petitioner authorized to file a petition for an extreme
Page 7, Line 2risk protection order, upon filing the petition for an extreme risk
Page 7, Line 3protection order, is authorized to disclose protected health information of
Page 7, Line 4the respondent as necessary for the full investigation and disposition of
Page 7, Line 5the petition for an extreme risk protection order. When disclosing
Page 7, Line 6protected health information, the licensed health-care professional,
orPage 7, Line 7licensed mental health professional, or institutional petitioner shall
Page 7, Line 8make reasonable efforts to limit protected health information to the
Page 7, Line 9minimum necessary to accomplish the filing of the request. Upon receipt
Page 7, Line 10of a petition by a licensed health-care professional,
orPage 7, Line 11health professional, or institutional petitioner, and for good cause
Page 7, Line 12shown, the court may issue orders to obtain any records or documents
Page 7, Line 13relating to diagnosis, prognosis, or treatment, and clinical records of the
Page 7, Line 14respondent as necessary for the full investigation and disposition of the
Page 7, Line 15petition for an extreme risk protection order. When protected health
Page 7, Line 16information is disclosed or when the court receives any records or
Page 7, Line 17documents related to diagnosis, prognosis, or treatment or clinical
Page 7, Line 18records, the court shall order that the parties are prohibited from using or
Page 7, Line 19disclosing the protected health information for any purpose other than the
Page 7, Line 20proceedings for a petition for an extreme risk protection order and shall
Page 7, Line 21order the return to the covered entity or destroy the protected health
Page 7, Line 22information, including all copies made, at the end of the litigation or
Page 7, Line 23proceeding. The court shall seal all records and other health information
Page 7, Line 24received that contain protected health information. The decision of a
Page 7, Line 25licensed health-care professional,
orPage 7, Line 26or institutional petitioner to disclose or not to disclose records or
Page 7, Line 27documents relating to the diagnosis, prognosis, or treatment, and clinical
Page 8, Line 1records of a respondent, when made reasonably and in good faith, must
Page 8, Line 2not be the basis for any civil, administrative, or criminal liability with
Page 8, Line 3respect to the licensed health-care professional,
orPage 8, Line 4health professional, or institutional petitioner.
Page 8, Line 5SECTION 4. In Colorado Revised Statutes, 13-14.5-107, amend
Page 8, Line 6(2)(b) as follows:
Page 8, Line 713-14.5-107. Termination or renewal of protection orders.
Page 8, Line 8(2) Renewal.
Page 8, Line 9(b) A petitioner, a family or household member of a respondent,
Page 8, Line 10a community member, an institutional petitioner, or a law
Page 8, Line 11enforcement officer or agency may, by motion, request a renewal of an
Page 8, Line 12extreme risk protection order at any time within sixty-three calendar days
Page 8, Line 13before the expiration of the order.
Page 8, Line 14SECTION 5. In Colorado Revised Statutes, 13-14.5-113, amend
Page 8, Line 15(4) as follows:
Page 8, Line 1613-14.5-113. Liability.
Page 8, Line 17(4) This article 14.5 does not require a family or household
Page 8, Line 18member of the respondent, a community member, an institutional
Page 8, Line 19petitioner, or a law enforcement officer or agency to file a petition for
Page 8, Line 20a temporary emergency extreme risk protection order or petition for an
Page 8, Line 21extreme risk protection order.
Page 8, Line 22SECTION 6. Safety clause. The general assembly finds,
Page 8, Line 23determines, and declares that this act is necessary for the immediate
Page 8, Line 24preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 25the support and maintenance of the departments of the state and state
Page 8, Line 26institutions.