NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-136
      
      
      BY SENATOR(S) Morse, Bacon, Boyd, Groff, Romer, Shaffer, Tapia,
      Veiga, Williams, and Ward;
      also REPRESENTATIVE(S) Romanoff, Carroll T., Frangas, Green, Jahn,
      Kerr A., Labuda, Levy, Madden, Marshall, Merrifield, Roberts, Solano,
      Stafford, Stephens, and Summers.
      
      
      Concerning the jurisdiction of courts to enter orders for the
           protection of persons.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  13-14-102 (1), Colorado Revised Statutes, is amended
      to read:
      
           13-14-102.  Civil protection orders - legislative declaration. 
      (1) (a)  The general assembly hereby finds that the issuance and
      enforcement of protection orders are of paramount importance in the state
      of Colorado because protection orders promote safety, reduce violence, and
      prevent serious harm and death.  In order to improve the public's access to
      protection orders and to assure careful judicial consideration of requests and
      effective law enforcement, there shall be two processes for obtaining
      protection orders within the state of Colorado, a simplified civil process and
      a mandatory criminal process.
      
           (b)  The general assembly further finds and declares that:
      
           (I)  Domestic violence is not limited to physical threats of
      violence and harm but includes financial control, document
      control, property control, and other types of control that make
      a victim more likely to return to an abuser due to fear of
      retaliation or inability to meet basic needs;
      
           (II)  Victims of domestic violence in many cases are unable to
      access resources to seek lasting safety options;
      
           (III)  These victims need the assistance of additional court
      orders to meet their immediate needs for food, shelter,
      transportation, medical care, and child care at the time they go
      to court for a civil protection order; and
      
           (IV)  These additional court orders are needed not only in
      cases that end in dissolution of marriage but also in cases in which
      reconciliation is appropriate, as well as in other cases.
      
           SECTION 2.  13-14-102 (15), Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
      
           13-14-102.  Civil protection orders - legislative declaration. 
      (15)  A municipal court of record that is authorized by its municipal
      governing body to issue protection or restraining orders and any county
      court, in connection with issuing a civil protection order, shall have original
      concurrent jurisdiction with the district court to issue such additional orders
      as the municipal or county court deems necessary for the protection of
      persons.  Such additional orders may include, but are not limited to:
      
           (g) (I)  A temporary injunction that may be issued by the
      court that, upon personal service or upon waiver and acceptance
      of service by the defendant, is to be in effect against the
      defendant for a period determined to be appropriate by the court,
      and restrains the defendant from ceasing to make payments for
      mortgage or rent, insurance, utilities or related services,
      transportation, medical care, or child care when the defendant
      has a prior existing duty or legal obligation, or from
      transferring, encumbering, concealing, or in any way disposing of
      personal effects or real property, except in the usual course of
      business or for the necessities of life.  The restrained party shall
      be required to account to the court for all extraordinary
      expenditures made after the injunction is in effect.  Any injunction
      issued shall not exceed one hundred twenty days after the
      issuance of the permanent civil protection order.
      
           (II)  The provisions of the injunction shall be printed on the
      summons, and the petition and the injunction shall become an
      order of the court upon fulfillment of the requirements of
      subparagraph (I) of this paragraph (g).
      
           (III)  Nothing in this paragraph (g) shall preclude either
      party from applying to the district court for further temporary
      orders, an expanded temporary injunction, or modification or
      revocation.  Any subsequent order issued by the district court as
      part of a domestic matter involving the parties shall supersede an
      injunction made pursuant to this paragraph (g).
      
           SECTION 3.  Effective date.  This act shall take effect July 1, 2007.
      
           SECTION 4.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO