House Bill 25-1148 Preamended

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.

• 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, 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 any a

• Page 2, Line 5person charged with a criminal violation of any of the provisions of this

• Page 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 such the order until final

• Page 3, Line 3disposition of the action, Such unless otherwise ordered by the

• Page 3, Line 4court pursuant to subsection (3)(a) or (6.5) of this section. The

• Page 3, Line 5order restrains must restrain the person charged from harassing,

• Page 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.The standardized form must:

• 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 2(2)  At the time of arraignment or the person's first appearance

• Page 4, Line 3before the court, the court shall inform the defendant of the protection

• Page 4, Line 4order effective pursuant to this section and shall inform the defendant that

• Page 4, Line 5a violation of such order is punishable by contempt and may constitute

• Page 4, Line 6a misdemeanor offense of violation of a protection order as

• Page 4, Line 7provided in section 18-6-803.5. As applicable, the court shall

• Page 4, Line 8also inform the defendant that conduct that violates the

• Page 4, Line 9protection order may constitute a felony offense of

• Page 4, Line 10intimidating a witness or victim as provided in section 18-8-704 or

• Page 4, Line 11retaliation against a witness or victim as provided in section 18-8-706.

• Page 4, Line 12(3) (a) (I)  Nothing in this section precludes the defendant from

• Page 4, Line 13applying to the court at any time for modification or dismissal of the

• Page 4, Line 14protection order issued pursuant to this section or the district attorney

• Page 4, Line 15from applying to the court at any time for further orders, additional

• Page 4, Line 16provisions under the protection order, or modification or dismissal of the

• Page 4, Line 17same. The trial court retains jurisdiction to enforce, modify, or dismiss the protection order until final disposition of the action.

• Page 4, Line 18(II)  Upon motion of the district attorney or on the court's own

• Page 4, Line 19motion, for the protection of the alleged victim or witness, the court may

• Page 4, Line 20in cases involving domestic violence as defined in section 18-6-800.3 (1)

• Page 4, Line 21and cases involving crimes listed in section 24-4.1-302, except those

• Page 4, Line 22listed in subsections (1)(cc.5) and (1)(cc.6) of that section, enter any of

• Page 4, Line 23the following further orders against the defendant for the protection

• Page 4, Line 24of the alleged victim or witness:

• Page 5, Line 1(I)  (A)  An order to vacate or stay away from the home of the

• Page 5, Line 2alleged victim or witness and to stay away from any other location where the an alleged victim or witness is likely to be found;

• Page 5, Line 3(II)  (B)  An order to refrain from contact or direct or indirect communication with the alleged victim or witness;

• Page 5, Line 4(III)  (C)  An order prohibiting possession or control of firearms or other weapons;

• Page 5, Line 5(IV)  (D)  When available information supports a sufficient

• Page 5, Line 6nexus between the possession or consumption of alcohol or

• Page 5, Line 7controlled substances and the safety of the alleged victim or

• Page 5, Line 8witness, an order prohibiting possession or consumption of alcohol or

• Page 5, Line 9controlled substances without a valid prescription;except that, in

• Page 5, Line 10a case involving domestic violence as defined in section

• Page 5, Line 1118-6-800.3 or a case involving crimes listed in section 24-4.1-302,

• Page 5, Line 12the court may enter an order prohibiting possession or

• Page 5, Line 13consumption of alcohol or controlled substances without a

• Page 5, Line 14valid prescription if the court deems it appropriate for the safety of an alleged victim or witness;

• Page 5, Line 15(V)  (E)  An order prohibiting the taking, transferring, concealing,

• Page 5, Line 16harming, disposing of, or threatening to harm an animal owned, possessed, leased, kept, or held by an alleged victim or witness; and

• Page 5, Line 17(VI)  (F)  Any other order the court deems appropriate necessary

• Page 5, Line 18to protect the safety of the alleged victim or witness protected person from imminent danger to the protected person's life or health.

• Page 5, Line 19(b)  Any further orders issued pursuant to subsection (3)(a) of this

• Page 5, Line 20section are only for the protection of a victim of or witness and not to

• Page 5, Line 21the offense charged. A court shall not include an order in a

• Page 6, Line 1protection order for the protection of the defendant, including for the

• Page 6, Line 2protection of the defendant from the use of alcohol or other substances,

• Page 6, Line 3or to enforce a condition of bond mandated pursuant to section

• Page 6, Line 416-4-105 (3), (5), or (6) or a condition of bond that assists in

• Page 6, Line 5obtaining the appearance of the defendant in court or ensuring community safety as described in section 16-4-105 (8).

• Page 6, Line 6(4)  Any person failing to comply with a protection order issued

• Page 6, Line 7pursuant 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 8(6.5)  At the time of sentencing or other resolution of the

• Page 6, Line 9criminal case that does not involve sentencing the defendant,

• Page 6, Line 10the court shall review each provision of the protection order

• Page 6, Line 11to ensure that all information in the protection order is

• Page 6, Line 12accurate and determine whether to, given the circumstances of

• Page 6, Line 13the criminal case, modify any provisions of the protection order.

• Page 6, Line 14The court may dismiss a protection order if the court determines

• Page 6, Line 15the provisions of the protection order are no longer necessary

• Page 6, Line 16and the protection order was not issued in a case involving

• Page 6, Line 17domestic violence as defined in section 18-6-800.3 or a case involving crimes listed in section 24-4.1-302.

• Page 6, Line 18SECTION 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 1918-6-803.5.  Crime of violation of a protection order - penalty

• Page 6, Line 20- peace officers' duties - definitions. (1)  A person commits the crime of

• Page 6, Line 21violation of a protection order if, after the person has been personally

• Page 6, Line 22served with a protection order that identifies the person as a restrained

• Page 6, Line 23person or otherwise has acquired from the court or law enforcement

• Page 7, Line 1personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:

• Page 7, Line 2(a) (I)  Contacts, harasses, injures, intimidates, molests, threatens,

• Page 7, Line 3or touches the protected person or protected property, including an animal, identified in the protection order; or

• Page 7, Line 4(II)  Enters or remains on premises or comes within a specified

• Page 7, Line 5distance of the protected person, protected property, including an animal, or premises; or

• Page 7, Line 6(III)  Possesses or consumes alcohol or controlled substances if prohibited by the protection order;

• Page 7, Line 7(IV)  Violates any other provision of the protection order to protect

• Page 7, Line 8the protected person from imminent danger to life or health, and such the conduct is prohibited by the protection order;

• Page 7, Line 9(c) (I)  Violates a civil protection order issued pursuant to section

• Page 7, Line 1013-14-105.5 or a mandatory protection order issued pursuant to section 18-1-1001 (9) by:

• Page 7, Line 11(I)  (A)  Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or

• Page 7, Line 12(II)  (B)  Failing to timely file a signed affidavit or written

• Page 7, Line 13statement with the court as described in section 13-14-105.5; (9), 18-1-1001 (9)(i), or 18-6-801 (8)(i). or

• Page 7, Line 14(II)  Violates a mandatory protection order issued

• Page 7, Line 15pursuant to section 18-1-1001 that includes terms required by section 18-1-1001 (9) by:

• Page 7, Line 16(A)  Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or

• Page 7, Line 17(B)  Failing to timely file a signed affidavit or written

• Page 8, Line 1statement with the court as described in section 18-1-1001 (9)(i) or 18-6-801 (8)(i).

• Page 8, Line 2(2) (c)  Nothing in this section shall preclude precludes the

• Page 8, Line 3ability of a municipality to enact concurrent ordinances. Any sentence

• Page 8, Line 4imposed for a violation of this section shall must run consecutively and

• Page 8, Line 5not concurrently with any sentence imposed for any a crime which gave

• Page 8, Line 6rise to the issuing of the protection order involving domestic violence

• Page 8, Line 7as defined in section 18-6-800.3 or a crime listed in section

• Page 8, Line 824-4.1-302, except for the crimes listed in section 24-4.1-302 (1)(cc.5) and (1)(cc.6).

• Page 8, Line 9(3) (b.5)  Notwithstanding the requirement in subsection

• Page 8, Line 10(3)(b) of this section to arrest, or seek a warrant for the arrest

• Page 8, Line 11of, a restrained person, a peace officer may exercise discretion

• Page 8, Line 12in determining whether to arrest or seek an arrest warrant for

• Page 8, Line 13a restrained person or issue a restrained person a summons to

• Page 8, Line 14appear when a peace officer has probable cause that the

• Page 8, Line 15restrained person has violated or attempted to violate a protection order by:

• Page 8, Line 16(I)  Possessing or consuming alcohol or controlled substances pursuant to subsection (1)(a)(III) of this section;

• Page 8, Line 17(II)  Violating a term included in the protection order to

• Page 8, Line 18protect the protected person from imminent danger to life or

• Page 8, Line 19health pursuant to subsection (1)(a)(IV) of this section when the

• Page 8, Line 20protection order was not issued in a case involving domestic

• Page 8, Line 21violence as defined in section 18-6-800.3 or a case involving

• Page 8, Line 22crimes listed in section 24-4.1-302, except for the crimes listed in

• Page 8, Line 23section 24-4.1-302 (1)(cc.5) and (1)(cc.6); or

• Page 9, Line 1(III)  Failing to timely file a signed affidavit or written

• Page 9, Line 2statement with the court pursuant to subsection (1)(c)(II) of this section.

• Page 9, Line 3(7)  The protection order shall must contain in capital letters and

• Page 9, Line 4bold print a notice informing the protected person that such the protected

• Page 9, Line 5person may either initiate contempt proceedings against the restrained

• Page 9, Line 6person if the order is issued in a civil action or, if the order is issued in

• Page 9, Line 7a criminal action, request the prosecuting attorney to initiate contempt

• Page 9, Line 8proceedings if the order is issued in a criminal action or the prosecution of criminal conduct.

• Page 9, Line 9SECTION 3.  In Colorado Revised Statutes, 18-19-102, amend the introductory portion and (1)(a) as follows:

• Page 9, Line 1018-19-102.  Definitions. As used in this article article 19, unless the context otherwise requires:

• Page 9, Line 11(1)  "Alcohol- or drug-related offender" means a person convicted

• Page 9, Line 12of any of the following offenses or of attempt to commit any of the following offenses:

• Page 9, Line 13(a)  Violation of a protection order as described in section

• Page 9, Line 1418-1-1001 (4), section 18-6-803.5 if the violation involved a

• Page 9, Line 15mandatory criminal protection order effective pursuant to section

• Page 9, Line 1618-1-1001, the order prohibited the possession or consumption of

• Page 9, Line 17alcohol or controlled substances, and the violation related to such provisions;

• Page 9, Line 18SECTION 4.  Effective date - applicability. This act takes effect

• Page 9, Line 19July 1, 2025, and applies to protection orders issued in relation to offenses committed on or after said date.

• Page 9, Line 20SECTION 5.  Safety clause. The general assembly finds,

• Page 10, Line 1determines, and declares that this act is necessary for the immediate

• Page 10, Line 2preservation of the public peace, health, or safety or for appropriations for

• Page 10, Line 3the support and maintenance of the departments of the state and state institutions.