Date: 03/28/2013

Final
BILL SUMMARY for SB13-197

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.016 (Attachment A). The motion p
Refer Senate Bill 13-197, as amended, to the Commi		Pass Without Objection
PASS



02:33 PM -- Senate Bill 13-197

The committee returned to order.

Representatives McCann and Fields, co-sponsors, presented Senate Bill 13-197. This reengrossed bill imposes new restrictions on the ownership or transfer of firearms and ammunition (firearm) for persons subject to certain civil protection orders and mandatory protection orders and for persons convicted of offenses with an underlying domestic violence component.

Civil protection orders. When a court issues a civil protection order to prevent domestic abuse and it qualifies as an order subject to the federal Gun Control Act (see Background section below), the court is required to order the respondent (restricted person) to refrain from possessing or purchasing a firearm or ammunition. In addition, the restricted person must, for the duration of the order, relinquish any firearms in his or her immediate possession or control within 24 hours or 48 hours, depending on where the notification of the order occurs. If he or she is in custody, the court may require relinquishment for the duration of the order as a condition of bond.

Mandatory protection orders. When a court issues a mandatory protection order as a result of a criminal act, the defendant or offender, if convicted, (referred to herein as a restricted person) is also prohibited from possessing or purchasing a firearm and must, for the duration of the order, relinquish any firearms in his or her immediate possession or control within 24 hours. If he or she is in custody, the court may require relinquishment for the duration of the order as a condition of bond.

Domestic violence acts within other crimes. When a person is sentenced for a crime and the underlying factual basis for the crime is found by the court to include an act of domestic violence as defined in 18 U.S.C. §921 (a)(33), or a crime that is punishable by at least one year of incarceration and included an act of domestic violence under state law, he or she is also subject to firearm restrictions. The offender is required to relinquish any firearms in his or her possession within 24 hours. If in custody, the court may require relinquishment for the duration of the order as a condition of bond.

Process for relinquishing firearms and ammunition. To satisfy the requirements for relinquishing a firearm, the restricted person must, within the bill's timeframes:
If the restricted person cannot relinquish the firearm because he or she is incarcerated or in custody, the court shall require the restricted person to satisfy the requirement to relinquish within 24 hours of release or be held in contempt of court. The court may also require relinquishment in order to be released from custody. Failure to comply also constitutes contempt. In all cases, the court may allow 72 hours for compliance if the restricted person can demonstrate to the court's satisfaction that he or she was not able to comply within the lesser time frames.

Prior to returning a firearm to a restricted person, a firearms dealer or local law enforcement entity is required to request a background check from the CBI or obtain a written statement confirming a background check was completed within the prior 30 days and allows the restricted person to possess such items.

Verification of compliance for relinquishing firearms and ammunition. A person who takes possession of a firearm from a restricted person is required to issue a receipt to the restricted person at the time of relinquishment. In addition, if the restricted person sells or transfers the firearm to a private party, he or she must obtain a written statement from the licensed firearms dealer containing information about the results of the background check. Within three business days of completing the relinquishment, the restricted person must file a copy of the receipt with the court, and, if applicable, the written statement describing the background check results.

Local law enforcement entities. If a local law enforcement agency opts to store firearms, it is authorized to charge fees to cover its direct and indirect costs. It may also establish policies for the disposal of abandoned or stolen firearms. If an agency chooses to end its storage program, it is required to provide notice to each restricted person. A restricted person, or his or her representative who is legally able to possess a firearm, has 90 days within which to make arrangements for the collection, sale, or transfer of the stored items. If the restricted person fails to respond, the agency may dispose of the firearm. Local law enforcement agencies acting in good faith are exempted from civil and criminal liability for actions related to the firearms of restricted persons.

Penalties. Failure to file information verifying compliance with the relinquishment of firearms in a timely manner by persons subject to a civil or mandatory protection order constitutes a violation of the order. As described in the Background section below, a violation of a protection order is either a class 1 or a class 2 misdemeanor. For domestic violence-related offenses, the bill creates a new class 2 misdemeanor for failure to relinquish after issuance of the sentencing order. In all such cases, the court must issue a warrant for the restricted person's arrest if he or she does not file the paperwork within the required time frames. In any subsequent violation of a protection order, the court shall take judicial notice of the restricted person's failure to file the paperwork verifying compliance with relinquishment.

Background. According to the Colorado Crime Information Center, between calendar years 2010 and 2012, there were a total of 41,244 victims of domestic violence in Colorado, averaging 13,748 victims per year. However, the data show that the increase between calendar years 2011 and 2012 was 11.6 percent, compared to the 3.6 percent increase between calendar years 2010 and 2011. There were 190,263 active protection orders in Colorado as of January 31, 2013. Only a portion of these protection orders meet the criteria of this bill, although the exact number was not available as of this writing.

In certain instances, Colorado law allows a court to restrict the possession of firearms. For example, persons convicted of a felony are subject to such restrictions. Persons subject to a mandatory (criminal) or civil protection order may also be restricted if the protection order is issued to prevent domestic abuse.

Federal restrictions. Under 18 U.S.C. §922 (d)(8) and (g)(8), a person may not possess or transfer a firearm if he or she is subject to a court order that restrains that person from harassing, stalking, or threatening an intimate partner or his or her child, or engaging in other conduct that places an intimate partner or child in reasonable fear of bodily injury. This court order must have been issued after a show cause hearing was held in which the restrained person was provided notice and allowed to participate. In addition, the court must find the restrained person represents a credible threat or the protected person has reason to fear serious bodily injury, or that the restrained person has been convicted in a court of a prior misdemeanor crime of domestic violence. Violations affecting commerce may constitute a felony under federal law.

Colorado restrictions. When issuing a mandatory or civil protection order for applicable cases, Colorado courts notify the restrained person of federal requirements by checking a box on the "other provisions" section of the protection order. In addition to any federal penalty, failure to comply with any of the civil protection order's requirements, including the prohibition against firearms, is a class 2 misdemeanor for a first offense. Second and subsequent violations of a civil protection order or first violations of a mandatory protection order are a class 1 misdemeanor. A second or subsequent violation of any protection order is subject to modified sentencing as an extraordinary risk crime. In these cases, the restrained person would be subject to a class 1 misdemeanor with a maximum sentence of 24 months in jail, if incarceration is imposed as a part of the sentence.


02:39 PM

Representative McCann spoke about the terror experienced by many victims of domestic violence. She distributed prepared amendment L.016 (Attachment A) and provided statistics about domestic violence incidents involving firearms.

13HseJud0328AttachA.pdf13HseJud0328AttachA.pdf

02:47 PM

Representative Fields also provided opening remarks about the tragedy of domestic violence.

02:51 PM -- Annmarie Jensen, representing the Colorado Coalition Against Domestic Violence, the Colorado Association of Chiefs of Police, and the County Sheriffs of Colorado, testified in support of the reengrossed bill. Ms. Jensen explained what is prohibited by the bill and what is not. She discussed due process and similar laws in other states. She talked about the three options for relinquishment of firearms under the bill. She responded to questions from the committee about how the bill would affect a victim of domestic violence in terms of self-defense.

03:03 PM -- Ron Sloan, representing the Colorado Bureau of Investigation, testified about amendment L.016. Mr. Sloan addressed technical considerations in the amendment.

03:10 PM -- Tim Johnson, representing himself, testified in support of the bill. Mr. Johnson referenced a letter of support which was distributed to the committee from Stan Garnett, 20th Judicial District Attorney (Attachment B). He spoke about his experience as a prosecutor of domestic violence cases. He indicated that the bill is an important tool for local law enforcement agencies. He responded to questions from the committee about the process a restricted person would have to follow regarding the relinquishment of firearms after a protection order is issued and about warrantless searches.

13HseJud0328AttachB.pdf13HseJud0328AttachB.pdf

03:16 PM -- Tara Campana, representing Gateway Battered Women's Services, testified in support of the bill. Ms. Campana spoke about the effect of a firearm in a domestic violence situation.

03:20 PM -- Megan Pratt, representing herself, testified in support of the bill. Ms. Pratt spoke about the effect of a firearm in a domestic violence situation. She provided a number of examples. She responded to questions from the committee.

03:31 PM -- Sam Cole, representing Colorado Ceasefire, testified in support of the bill. Mr. Cole provided statistics concerning the use of firearms during domestic violence incidents.

03:35 PM -- Lorey Bratten, representing herself, testified in support of the bill. Ms. Bratten spoke about her own experience with domestic violence. She expressed her opinion that the bill will save lives.


03:41 PM

The committee took a brief recess.


04:02 PM

The committee returned to order.

04:02 PM -- Stacy Speers, representing herself, testified in support of the bill. Ms. Speers spoke about her experience as a survivor of domestic violence. She explained the benefits of the bill for others in a situation similar to hers.

04:07 PM -- Ruth Glenn, representing herself, testified in support of the bill. Ms. Glenn spoke about her experience as a survivor of domestic violence. She responded to questions from the committee.

04:15 PM -- Aaron Fransua, representing his mother, testified in support of the bill. Mr. Fransua explained that his mother was killed in a domestic violence incident involving a firearm. He explained that his mother was killed by someone who never should have had a gun.

04:20 PM -- Lisa Cappeli, representing herself and her mother, testified in support of the bill. Ms. Cappeli explained that her mother was killed in a domestic violence incident involving a firearm. She spoke about her own experience as a victim of domestic violence.

04:24 PM -- Jean Fredlund, representing the League of Women Voters, testified in support of the bill. Ms. Fredlund spoke about her experience as a victim of domestic violence.

04:28 PM -- Debby Kaller and Michael McGuire, representing themselves, testified in support of the bill. Ms. Kaller provided statistics about incidents of domestic violence involving firearms. Mr. McGuire expressed his opinion that the bill represents sound public policy and will enhance the safety of Colorado communities.

04:31 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to the bill. Mr. Edmiston expressed his opinion that current laws are sufficient to address the problem of domestic violence. He also indicated that the bill could mistakenly endanger some victims of domestic violence. He stated that the deadlines for relinquishment of firearms, which he characterized as arbitrary, could create desperate individuals who might be prone to violence. He responded to questions from the committee.

04:38 PM -- Sharon and Bruce Davis, representing themselves, testified in opposition to the bill. Ms. Davis spoke about her personal experience as a victim of domestic violence. She expressed her disappointment that the General Assembly cannot craft a bill that receives consensus. Mr. Davis stated his opinion that domestic violence is not treated seriously enough. He indicated that the bill will not make anyone safer.


04:47 PM

Representative McCann explained the effect of amendment L.016.
BILL:SB13-197
TIME: 04:51:49 PM
MOVED:Lee
MOTION:Adopt amendment L.016 (Attachment A). The motion passed without objection.
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-197
TIME: 05:53:44 PM
MOVED:Lee
MOTION:Refer Senate Bill 13-197, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED:Buckner
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Wright
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS