Colorado Legislative Council Staff



TABOR Refund Impact

State General Fund Revenue Impact

Local Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-262

Rep. Kaufman


Bill Status:

Fiscal Analyst:

January 13, 1998

House Judiciary

Susan Colling (866-4784)



Summary of Legislation

            This bill adds second and all subsequent violations of a restraining order to prevent domestic violence to the list of misdemeanors that present an extraordinary risk of harm to society for purposes of sentencing enhancement.

            The bill clarifies that when both parties in an alleged act of domestic violence claim to have been victims, the peace officer is not required to arrest both parties. The bill also provides enforcement of protection and restraining orders from other states.

            The bill would take effect July 1, 1998, and shall apply to offenses committed on or after that date.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund

Fine Revenue

Fine Revenue

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — See Local Government Section below.

State Revenues

            The bill would have a fiscal impact on State General Fund Revenue by allowing law enforcement to recognize and enforce restraining orders from other states. By including restraining orders issued by other states, there is the potential for more people to violate those orders, resulting in convictions for a class 1 or a class 2 misdemeanor. A class 1 misdemeanor carries a fine between $500 and $5,000 and a class 2 misdemeanor carries a fine between $50 and $1,000. Therefore, an increase in the number of persons convicted of violating a restraining order issued by another state would impact the General Fund Revenue.

TABOR Refund Impact

            Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase or decrease in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.

Local Government Impact


            The bill is assessed as having a fiscal impact on local government expenditures. The bill would subject offender’s who violate a restraining order two or more times to enhanced sentencing requirements under Section 18-1-106 C.R.S. Under current law, misdemeanors which present an extraordinary risk of harm to society are classified as a class 1 misdemeanor. Persons convicted of this misdemeanor could be sentenced to the maximum of the presumptive range, 18 months, and an additional six months of imprisonment. Misdemeanors that present an extraordinary risk of harm to society may also be subject to a fine, in lieu of or in addition to, a term of imprisonment. Because the courts have the discretion of incarceration or imposing a fine, the impact at the local level cannot be determined.

            The bill also provides for the enforcement of restraining orders from other states. This provision may also contribute to an increase in the number of offenders sentenced to serve time in the county jail.

            Therefore, the bill would impact local government by affecting county jail space. However, it is assumed that the impact would be minimal and will not create the need for additional jail space at the county level.

Spending Authority

            This fiscal note would imply that no additional spending authority or appropriations are required to implement the provisions of the bill for FY 1998-99.

Departments Contacted 

Department of Corrections                 Department of Law

Department of Public Safety              Judicial

State Public Defender