A Bill for an Act
Page 1, Line 101Concerning establishing an automated protection order
Page 1, Line 102victim notification system in the division of criminal
Page 1, Line 103justice.
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 requires the division of criminal justice in the department of public safety (division) to establish an automated protection order victim notification system (notification system) to provide a victim, a victim's immediate family, and other interested persons (registered users) with information related to a criminal or civil protection order. The notification system must disseminate specific information to registered users in English and Spanish through a telephone call, text message, or mobile phone application. The bill authorizes the division to contract with a third-party entity to provide the functionality for the notification system.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 24-33.5-537 as follows:
Page 2, Line 324-33.5-537. Automated protection order victim notification
Page 2, Line 4system - definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Interested person" means a law enforcement officer,
Page 2, Line 6a judicial officer, a district attorney, or a victim rights advocate.
Page 2, Line 7(b) "Registered user" means a victim, a victim's immediate
Page 2, Line 8family, or other interested persons who are registered with the automated protection order victim notification system.
Page 2, Line 9(c) "Victim"means any natural person against whom any
Page 2, Line 10crime has been perpetrated or attempted, unless the person is
Page 2, Line 11accountable for the crime or a crime arising from the same
Page 2, Line 12conduct or plan, as crime is defined under the laws of this state
Page 2, Line 13or of the United States, or, if the person is deceased or
Page 2, Line 14incapacitated, the person's spouse, parent, legal guardian, child,
Page 2, Line 15sibling, grandparent, grandchild, significant other, or other lawful representative.
Page 2, Line 16(d) "Victim's immediate family" means the spouse, a child by
Page 2, Line 17birth or adoption, a stepchild, a parent, a stepparent, a sibling,
Page 2, Line 18a legal guardian, a significant other, or a lawful representative of the victim.
Page 3, Line 1(2) Subject to available appropriations, the division shall
Page 3, Line 2establish an automated protection order victim notification
Page 3, Line 3system to provide a victim, a victim's immediate family, and other
Page 3, Line 4interested persons with information related to a protection
Page 3, Line 5order issued pursuant to section 18-1-1001, article 14 of title 13, or article 14.5 of title 13.
Page 3, Line 6(3) The automated protection order victim notification
Page 3, Line 7system must include, but is not limited to, the following information:
Page 3, Line 8(a) The date the protection order is served;
Page 3, Line 9(b) An advance notice occurring one hundred twenty days
Page 3, Line 10before and again occurring thirty days before the protection order expires;
Page 3, Line 11(c) Whether the person who the protection order is issued
Page 3, Line 12against applied for and was denied the purchase or transfer of a firearm as the result of a background check; and
Page 3, Line 13(d) Whether the person who the protection order is issued
Page 3, Line 14against completed and submitted a firearm purchase or transfer
Page 3, Line 15application that indicated the person was ineligible to possess a firearm pursuant to state or federal law.
Page 3, Line 16(4) The automated protection order victim notification
Page 3, Line 17system must disseminate the information described in subsection
Page 3, Line 18(3) of this section to registered users in English and Spanish
Page 3, Line 19through a telephone call, text message, or mobile phone application.
Page 3, Line 20(5) The division may contract with a third-party entity to
Page 4, Line 1provide the functionality for the automated protection order
Page 4, Line 2victim notification system. The third-party entity must be able to:
Page 4, Line 3(a) Operate a support center that is open twenty-four hours a day, seven days a week;
Page 4, Line 4(b) Send emails to registered users and develop a mobile phone application;
Page 4, Line 5(c) Provide Spanish interpretation services; and
Page 4, Line 6(d) Provide directory or contact information for
Page 4, Line 7available supportive resources, including, but not limited to,
Page 4, Line 8housing, physical and behavioral health, domestic violence victim assistance, and financial assistance.
Page 4, Line 9(6) The automated protection order victim notification
Page 4, Line 10system must be compatible with the state's existing automated victim notification system described in section 24-4.1-303 (15)(c).
Page 4, Line 11(7) A public entity, as defined in section 24-10-103, is
Page 4, Line 12immune from liability in any civil action based on the public
Page 4, Line 13entity's release of information or the failure to release
Page 4, Line 14information related to the automated protection order victim
Page 4, Line 15notification system as long as the release or failure to release was not the result of gross negligence.
Page 4, Line 16(8) The division may seek, accept, and expend gifts, grants,
Page 4, Line 17or donations from private or public sources for the purposes of this section.
Page 4, Line 18SECTION 2. Act subject to petition - effective date. This act
Page 4, Line 19takes effect at 12:01 a.m. on the day following the expiration of the
Page 4, Line 20ninety-day period after final adjournment of the general assembly; except
Page 5, Line 1that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 2of the state constitution against this act or an item, section, or part of this
Page 5, Line 3act within such period, then the act, item, section, or part will not take
Page 5, Line 4effect unless approved by the people at the general election to be held in
Page 5, Line 5November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.