A Bill for an Act
Page 1, Line 101Concerning protection orders.
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.)
Under existing law, a person charged with a criminal offense is subject to a criminal protection order, which remains in effect until final disposition of the criminal action. The bill:
- Prescribes what must be included in the standardized form for a criminal protection order;
- Limits a criminal protection order to orders for the protection of a witness to, or victim of, the acts charged and prohibits a court from including in a criminal protection order an order to enforce a mandated condition of bond or a condition of bond that assists in obtaining the appearance of the defendant in court or ensuring community safety;
- Requires a court to inform a defendant that a violation of a criminal protection order may constitute a misdemeanor offense of violation of a protection order and that conduct that violates the criminal protection order may constitute a felony offense of intimidating a witness or victim or retaliation against a witness or victim;
- Only allows a criminal protection order to prohibit possession or consumption of alcohol or controlled substances without a valid prescription when available information supports a sufficient nexus between that restriction and the safety of the alleged victim or witness; and
- Requires a court to review a criminal protection order at the time of sentencing or other resolution of the criminal case.
Under existing law, a sentence for violating a protection order runs consecutively with any sentence imposed for the crime that gave rise to the protection order. The bill limits this consecutive sentence provision to crimes involving domestic violence or crimes listed in the "Victim Rights Act".
The bill grants a peace officer discretion to arrest, seek a warrant to arrest, or issue a summons to a restrained person for violating, or attempting to violate, a protection order by possessing or consuming alcohol or controlled substances; violating a term included in the protection order to protect the protected person from imminent danger to life or health in cases that do not involve domestic violence or crimes listed in the "Victim Rights Act"; or failing to timely file a signed affidavit or written statement with the court as required by law.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 18-1-1001, amend (1), (2), and (3); repeal (4); and add (6.5) as follows:
Page 2, Line 318-1-1001. Protection order against defendant - definitions.
Page 2, Line 4(1) (a) There is created a mandatory protection order against
anyPage 2, Line 5person charged with a criminal violation of
any ofPage 2, Line 6title 18, which order remains in effect from the time that the person is
Page 3, Line 1advised of the person's rights at arraignment or the person's first
Page 3, Line 2appearance before the court and is informed of
suchPage 3, Line 3disposition of the action,
SuchPage 3, Line 4court pursuant to subsection (3)(a) or (6.5) of this section. The
Page 3, Line 5order
restrainsPage 3, Line 6molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.
Page 3, Line 7(b) The protection order issued pursuant to this section must be on
Page 3, Line 8a standardized form prescribed by the judicial department.
and a copy provided to the protected parties.Page 3, Line 9(I) Include the information necessary to properly identify
Page 3, Line 10the names of persons and locations from which the person is restrained by the order;
Page 3, Line 11(II) Include any other orders of the protection order that
Page 3, Line 12restrain the person from harassing, molesting, intimidating,
Page 3, Line 13retaliating against, or tampering with any witness to or victim of the acts charged; and
Page 3, Line 14(III) Identify if the protection order is issued in a case
Page 3, Line 15involving domestic violence as defined in section 18-6-800.3 or a case involving crimes listed in section 24-4.1-302.
Page 3, Line 16(c) A protection order issued pursuant to this section is
Page 3, Line 17limited to orders for the protection of a witness to, or victim of,
Page 3, Line 18the acts charged and must not include orders that relate to the
Page 3, Line 19conditions of pretrial release as provided in section 16-4-105. An
Page 3, Line 20order prohibiting the restrained person from possession or
Page 3, Line 21consumption of alcohol or controlled substances as a condition
Page 3, Line 22of a protection order must comply with the requirements in subsection (3)(a)(II)(D) of this section.
Page 4, Line 1(d) The court shall provide a copy of the protection order
Page 4, Line 2to the restrained person and the protected parties identified in the order.
Page 4, Line 3(2) At the time of arraignment or the person's first appearance
Page 4, Line 4before the court, the court shall inform the defendant of the protection
Page 4, Line 5order effective pursuant to this section and shall inform the defendant that
Page 4, Line 6a violation of such order is punishable by contempt and may constitute
Page 4, Line 7a misdemeanor offense of violation of a protection order as
Page 4, Line 8provided in section 18-6-803.5. As applicable, the court shall
Page 4, Line 9also inform the defendant that conduct that violates the
Page 4, Line 10protection order may constitute a felony offense of
Page 4, Line 11intimidating a witness or victim as provided in section 18-8-704 or
Page 4, Line 12retaliation against a witness or victim as provided in section 18-8-706.
Page 4, Line 13(3) (a) (I) Nothing in this section precludes the defendant from
Page 4, Line 14applying to the court at any time for modification or dismissal of the
Page 4, Line 15protection order issued pursuant to this section or the district attorney
Page 4, Line 16from applying to the court at any time for further orders, additional
Page 4, Line 17provisions under the protection order, or modification or dismissal of the
Page 4, Line 18same. The trial court retains jurisdiction to enforce, modify, or dismiss the protection order until final disposition of the action.
Page 4, Line 19(II) Upon motion of the district attorney or on the court's own
Page 4, Line 20motion, for the protection of the alleged victim or witness, the court may
Page 4, Line 21
in cases involving domestic violence as defined in section 18-6-800.3 (1)Page 4, Line 22
and cases involving crimes listed in section 24-4.1-302, except thosePage 4, Line 23
listed in subsections (1)(cc.5) and (1)(cc.6) of that section,Page 5, Line 1the following further orders against the defendant for the protection of the alleged victim or witness:
Page 5, Line 2
(I)Page 5, Line 3alleged victim or witness and to stay away from any other location where
thePage 5, Line 4
(II)Page 5, Line 5
(III)Page 5, Line 6
(IV)Page 5, Line 7nexus between the possession or consumption of alcohol or
Page 5, Line 8controlled substances and the safety of the alleged victim or
Page 5, Line 9witness, an order prohibiting possession or consumption of alcohol or controlled substances without a valid prescription;
Page 5, Line 10
(V)Page 5, Line 11harming, disposing of, or threatening to harm an animal owned, possessed, leased, kept, or held by an alleged victim or witness; and
Page 5, Line 12
(VI)appropriatePage 5, Line 13to protect the
safety of the alleged victim or witnessPage 5, Line 14(b) Any further orders issued pursuant to subsection (3)(a) of this
Page 5, Line 15section are only for the protection of a victim of or witness
and notPage 5, Line 16the offense charged. A court shall not include an order in a
Page 5, Line 17protection order for the protection of the defendant, including for the
Page 5, Line 18protection of the defendant from the use of alcohol or other substances,
Page 5, Line 19or to enforce a condition of bond mandated pursuant to section
Page 5, Line 2016-4-105 (3), (5), or (6) or a condition of bond that assists in
Page 6, Line 1obtaining the appearance of the defendant in court or ensuring community safety as described in section 16-4-105 (8).
Page 6, Line 2(4)
Any person failing to comply with a protection order issuedPage 6, Line 3
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.Page 6, Line 4(6.5) At the time of sentencing or other resolution of the
Page 6, Line 5criminal case that does not involve sentencing the defendant,
Page 6, Line 6the court shall automatically review each provision of the
Page 6, Line 7protection order to ensure that all information in the
Page 6, Line 8protection order is accurate and determine whether to, given
Page 6, Line 9the circumstances of the criminal case, modify any provisions of, or dismiss, the protection order.
Page 6, Line 10SECTION 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:
Page 6, Line 1118-6-803.5. Crime of violation of a protection order - penalty
Page 6, Line 12- peace officers' duties - definitions. (1) A person commits the crime of
Page 6, Line 13violation of a protection order if, after the person has been personally
Page 6, Line 14served with a protection order that identifies the person as a restrained
Page 6, Line 15person or otherwise has acquired from the court or law enforcement
Page 6, Line 16personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:
Page 6, Line 17(a) (I) Contacts, harasses, injures, intimidates, molests, threatens,
Page 6, Line 18or touches the protected person or protected property, including an animal, identified in the protection order;
orPage 6, Line 19(II) Enters or remains on premises or comes within a specified
Page 6, Line 20distance of the protected person, protected property, including an animal,
Page 6, Line 21or premises;
orPage 7, Line 1(III) Possesses or consumes alcohol or controlled substances if prohibited by the protection order;
Page 7, Line 2(IV) Violates any other provision of the protection order to protect
Page 7, Line 3the protected person from imminent danger to life or health, and
suchPage 7, Line 4(c) (I) Violates a civil protection order issued pursuant to section
Page 7, Line 513-14-105.5
or a mandatory protection order issued pursuant to section 18-1-1001 (9)Page 7, Line 6
(I)Page 7, Line 7
(II)Page 7, Line 8statement with the court as described in section 13-14-105.5;
(9), 18-1-1001 (9)(i), or 18-6-801 (8)(i).Page 7, Line 9(II) Violates a mandatory protection order issued
Page 7, Line 10pursuant to section 18-1-1001 that includes terms required by section 18-1-1001 (9) by:
Page 7, Line 11(A) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
Page 7, Line 12(B) Failing to timely file a signed affidavit or written
Page 7, Line 13statement with the court as described in section 18-1-1001 (9)(i) or 18-6-801 (8)(i).
Page 7, Line 14(2) (c) Nothing in this section
shall precludePage 7, Line 15ability of a municipality to enact concurrent ordinances. Any sentence
Page 7, Line 16imposed for a violation of this section
shallPage 7, Line 17not concurrently with any sentence imposed for
anywhich gavePage 7, Line 18
rise to the issuing of the protection orderPage 7, Line 19as defined in section 18-6-800.3 or a crime listed in section
Page 8, Line 124-4.1-302, except for the crimes listed in section 24-4.1-302 (1)(cc.5) and (1)(cc.6).
Page 8, Line 2(3) (b.5) Notwithstanding the requirement in subsection
Page 8, Line 3(3)(b) of this section to arrest, or seek a warrant for the arrest
Page 8, Line 4of, a restrained person, a peace officer may exercise discretion
Page 8, Line 5in determining whether to arrest or seek an arrest warrant for
Page 8, Line 6a restrained person or issue a restrained person a summons to
Page 8, Line 7appear when a peace officer has probable cause that the
Page 8, Line 8restrained person has violated or attempted to violate a protection order by:
Page 8, Line 9(I) Possessing or consuming alcohol or controlled substances pursuant to subsection (1)(a)(III) of this section;
Page 8, Line 10(II) Violating a term included in the protection order to
Page 8, Line 11protect the protected person from imminent danger to life or
Page 8, Line 12health pursuant to subsection (1)(a)(IV) of this section when the
Page 8, Line 13protection order was not issued in a case involving domestic
Page 8, Line 14violence as defined in section 18-6-800.3 or a case involving
Page 8, Line 15crimes 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
Page 8, Line 16(III) Failing to timely file a signed affidavit or written
Page 8, Line 17statement with the court pursuant to subsection (1)(c)(II) of this section.
Page 8, Line 18(7) The protection order
shallPage 8, Line 19bold print a notice informing the protected person that
suchPage 8, Line 20person may either initiate contempt proceedings against the restrained
Page 8, Line 21person if the order is issued in a civil action or, if the order is issued in
Page 8, Line 22a criminal action, request the prosecuting attorney to initiate contempt
Page 9, Line 1proceedings
if the order is issued in a criminal actionPage 9, Line 2SECTION 3. In Colorado Revised Statutes, 18-19-102, amend the introductory portion and (1)(a) as follows:
Page 9, Line 318-19-102. Definitions. As used in this
articlePage 9, Line 4(1) "Alcohol- or drug-related offender" means a person convicted
Page 9, Line 5of any of the following offenses or of attempt to commit any of the following offenses:
Page 9, Line 6(a) Violation of a protection order as described in
sectionPage 9, Line 7
18-1-1001 (4),Page 9, Line 8mandatory criminal protection order effective pursuant to section
Page 9, Line 918-1-1001, the order prohibited the possession or consumption of
Page 9, Line 10alcohol or controlled substances, and the violation related to such provisions;
Page 9, Line 11SECTION 4. Effective date - applicability. This act takes effect
Page 9, Line 12July 1, 2025, and applies to protection orders issued in relation to offenses committed on or after said date.
Page 9, Line 13SECTION 5. Safety clause. The general assembly finds,
Page 9, Line 14determines, and declares that this act is necessary for the immediate
Page 9, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 16the support and maintenance of the departments of the state and state institutions.