Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0134.01 Michael Dohr x4347 SENATE BILL 16-103 SENATE SPONSORSHIP Merrifield, HOUSE SPONSORSHIP Sias, Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning creation of the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act". 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://www.leg.state.co.us/billsummaries.) Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act" as recommended by the national conference of commissioners on uniform state laws. The bill allows a peace officer to enforce a Canadian domestic violence protection order. The bill allows a court to enter an order enforcing or refusing to enforce a Canadian domestic violence protection order. The bill provides immunity for a person who enforces a Canadian domestic violence protection order. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 2 to article 14 of title 13 as follows: PART 2 UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTION ORDERS 13-14-201. Short title. The short title of this part 2 is the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act". 13-14-202. Definitions. In this part 2: (1) "Canadian domestic violence protection order" means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relates to domestic violence and prohibits a respondent from: (a) Being in physical proximity to a protected individual or following a protected individual; (b) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order; (c) Being within a certain distance of a specified place or location associated with a protected individual; or (d) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. (2) "Domestic protection order" means an injunction or other order issued by a tribunal which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual. (3) "Issuing court" means the court that issues a Canadian domestic violence protection order. (4) "Law enforcement officer" means an individual authorized by law of this state other than this part 2 to enforce a domestic protection order. (5) "Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. (6) "Protected individual" means an individual protected by a Canadian domestic violence protection order. (7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (8) "Respondent" means an individual against whom a Canadian domestic violence protection order is issued. (9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (10) "Tribunal" means a court, agency, or other entity authorized by law of this state other than this part 2 to establish, enforce, or modify a domestic protection order. 13-14-203. Enforcement of Canadian domestic violence protection order by law enforcement officer. (1) If a law enforcement officer determines under subsection (2) or (3) of this section that there is probable cause to believe a valid Canadian domestic violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence order as if they were in an order of a tribunal. Presentation to a law enforcement officer of a certified copy of a Canadian domestic violence protection order is not required for enforcement. (2) Presentation to a law enforcement officer of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists. (3) If a record of a Canadian domestic violence protection order is not presented as provided in subsection (2) of this section, a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic violence protection order exists. (4) If a law enforcement officer determines that an otherwise valid Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the law enforcement officer shall make a reasonable effort to inform the respondent of the order; notify the respondent of the terms of the order; provide a record of the order, if available, to the respondent; and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order. (5) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services. 13-14-204. Enforcement of Canadian domestic violence protection order by tribunal. (1) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of: (a) A person authorized by law of this state other than this part 2 to seek enforcement of a domestic protection order; or (b) A respondent. (2) In a proceeding under subsection (1) of this section, the tribunal shall follow the procedures of this state for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in section 13-14-202 (1). (3) A Canadian domestic violence protection order is enforceable under this section if: (a) The order identifies a protected individual and a respondent; (b) The order is valid and in effect; (c) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court; and (d) The order was issued after: (I) The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order; or (II) In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process. (4) A Canadian domestic violence protection order valid on its face is prima facie evidence of its enforceability under this section. (5) A claim that a Canadian domestic violence protection order does not comply with subsection (3) of this section is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic violence protection order is not enforceable under this section and section 13-14-203 and may not be registered under section 13-14-205. (6) This section applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if: (a) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court; and (b) The court made specific findings that entitled the party to the enforcement sought. 13-14-205. Registration of a Canadian domestic violence protection order. (1) An individual may register a Canadian domestic violence protection order in this state. To register the order, the individual must present a copy of the order to: (a) A tribunal or other agency responsible for the registration of domestic protection orders; or (b) An agency designated by the state, which shall present the Canadian domestic violence protection order to the tribunal responsible for the registration of domestic protection orders. (2) On receipt of a certified copy of a Canadian domestic violence protection order, the tribunal or other agency responsible for the registration of the domestic protection orders shall register the order in accordance with this section. (3) An individual registering a Canadian domestic violence protection order under this section shall file an affidavit stating that, to the best of the individual's knowledge, the order is valid and in effect. (4) After a Canadian domestic violence protection order is registered under this section, the responsible tribunal or other agency shall provide the individual registering the Canadian order a certified copy of the registered order. (5) A Canadian domestic violence protection order registered under this section may be entered in a state or federal registry of protection orders in accordance with applicable law. (6) An inaccurate, expired, or unenforceable Canadian domestic violence protection order may be corrected or removed from the registry of protection orders maintained in this state in accordance with law of this state other than this part 2. (7) A fee may not be charged for the registration of a Canadian domestic violence protection order. (8) Registration in this state or filing under law of this state other than this part 2 of a Canadian domestic violence protection order is not required for its enforcement under this part 2. 13-14-206. Immunity. The state, a state agency, a local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, and state or local governmental official acting in an official capacity are immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a Canadian domestic violence protection order or the detention or arrest of an alleged violator of a Canadian domestic violence protection order if the act or omission was a good faith effort to comply with this part 2. 13-14-207. Other remedies. An individual who seeks a remedy under this part 2 may seek other legal or equitable remedies. 13-14-208. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 13-14-209. Relation to electronic signatures in global and national commerce act. This part 2 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b). 13-14-210. Transition. This part 2 applies to a Canadian domestic violence protection order issued before, on, or after the effective date of this part 2 and to a continuing action for enforcement of a Canadian domestic violence protection order commenced before, on, or after the effective date of this part 2. A request for enforcement of a Canadian domestic violence protection order made on or after the effective date of this part 2 for a violation of the order occurring before, on, or after the effective date of this part 2 is governed by this part 2. 13-14-211. Severability. If any provision of this part 2 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 2 which can be given effect without the invalid provision or application, and to this end the provisions of this part 2 are severable. SECTION 2. Inclusion of official comments. The revisor shall include in the publication of the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act", as nonstatutory matter, following each section of the article, the full text of the official comments to that section contained in the official volume containing the 2015 official text of the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act" issued by the Uniform Law Commission, with any changes in the official comments or Colorado comments to correspond to Colorado changes in the uniform act. The revisor of statutes shall prepare the comments for approval by the committee on legal services for publication. SECTION 3. 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.