BY REPRESENTATIVES Kaufman, K. Alexander, Allen, Bacon, Dean, Dyer, Epps, Hagedorn, Lawrence, Leyba, Mace, Musgrave, Nichol, Reeser, Smith, Spradley, Tucker, Udall, and Veiga;
also SENATORS Perlmutter, Hernandez, Tanner, Tebedo,
and Weddig.
CONCERNING DOMESTIC VIOLENCE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. The
introductory portion to 181106 (3) (b),
Colorado Revised Statutes, is amended, and the said 181106
(3) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,
to read:
181106. Misdemeanors classified
penalties. (3) (b) Misdemeanors
which
THAT present an extraordinary risk of harm to society shall include
the following:
(V) SECOND AND ALL SUBSEQUENT VIOLATIONS
OF A RESTRAINING ORDER AS DEFINED IN SECTION 186803.5 (1.5) (d).
SECTION 2. 186803.6 (1),
Colorado Revised Statutes, is amended to read:
186803.6. Duties of peace officers and prosecuting agencies preservation of evidence. (1) When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 186800.3 (1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission PURSUANT TO THE PROVISIONS IN SUBSECTION (2) OF THIS SECTION, IF APPLICABLE, and charge the person with the appropriate crime or offense. NOTHING IN THIS SUBSECTION (1) SHALL BE CONSTRUED TO REQUIRE A PEACE OFFICER TO ARREST BOTH PARTIES INVOLVED IN AN ALLEGED ACT OF DOMESTIC VIOLENCE WHEN BOTH CLAIM TO HAVE BEEN VICTIMS OF SUCH DOMESTIC VIOLENCE. ADDITIONALLY, NOTHING IN THIS SUBSECTION (1) SHALL BE CONSTRUED TO REQUIRE A PEACE OFFICER TO ARREST EITHER PARTY INVOLVED IN AN ALLEGED ACT OF DOMESTIC VIOLENCE WHEN A PEACE OFFICER DETERMINES THERE IS NO PROBABLE CAUSE TO BELIEVE THAT A CRIME OR OFFENSE OF DOMESTIC VIOLENCE HAS BEEN COMMITTED. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer's station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made.
SECTION 3. 186803.5
(1.5) (b), (1.5) (d), and (3) (c), Colorado Revised Statutes,
are amended, and the said 186803.5 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
186803.5. Crime of violation of a
restraining order penalty peace officers' duties.
(1.5) As used in this section:
(b) "Registry" means the computerized
information system created in section 186803.7 OR
THE NATIONAL CRIME INFORMATION CENTER CREATED PURSUANT TO 28 U.S.C.
SECTION 534.
(d) "Restraining order" means
any order that prohibits the restrained person from contacting,
harassing, injuring, intimidating, molesting, threatening, or
touching any person, or from entering or remaining on premises,
or from coming within a specified distance of a protected person
or premises, that is issued by a court of this state or a municipal
court, and that is issued pursuant to section 136107,
C.R.S., sections 144101 to 144105, C.R.S.,
section 1410107, C.R.S., section 1410108,
C.R.S., section 1811001, section 192707,
C.R.S., section 193316, C.R.S., section 194111,
C.R.S., or rule 365 of the Colorado rules of county court civil
procedure, an order issued as part of the proceedings concerning
a criminal municipal ordinance violation, or any other order of
a court that prohibits a person from contacting, harassing, injuring,
intimidating, molesting, threatening, or touching any person,
or from entering or remaining on premises, or from coming within
a specified distance of a protected person or premises. For purposes
of this section only, "restraining order" includes any
order that amends, modifies, supplements, or supersedes the initial
restraining order. "RESTRAINING ORDER" ALSO INCLUDES
ANY FOREIGN PROTECTION ORDER AS DEFINED IN SECTION 186803.8.
(3) (c) In making the probable cause
determination described in paragraph (b) of this subsection (3),
a peace officer shall assume that the information received from
the registry created by section 186803.7
is accurate. A peace officer shall enforce a valid restraining
order whether or not there is a record of the restraining order
in the central
registry.
(8) A RESTRAINING ORDER ISSUED IN THE
STATE OF COLORADO SHALL CONTAIN A STATEMENT THAT:
(a) THE ORDER OR INJUNCTION SHALL BE ACCORDED
FULL FAITH AND CREDIT AND BE ENFORCED IN EVERY CIVIL OR CRIMINAL
COURT OF THE UNITED STATES, ANOTHER STATE, AN INDIAN TRIBE, OR
A UNITED STATES TERRITORY PURSUANT TO 18 U.S.C. SEC. 2265;
(b) THE ISSUING COURT HAD JURISDICTION
OVER THE PARTIES AND SUBJECT MATTER; AND
(c) THE DEFENDANT WAS GIVEN REASONABLE
NOTICE AND OPPORTUNITY TO BE HEARD.
SECTION 4. 186803.7 (1) (e),
Colorado Revised Statutes, is amended to read:
186803.7. Central registry of restraining
orders creation. (1) As
used in this section:
(e) "Restraining order" means
any order that prohibits the restrained person from contacting,
harassing, injuring, intimidating, molesting, threatening, or
touching any person, or from entering or remaining on premises,
or from coming within a specified distance of a protected person
or premises, that is issued by a court of this state or an authorized
municipal court, and that is issued pursuant to section 136107,
C.R.S., sections 144101 to 144105, C.R.S.,
section 1410107, C.R.S., section 1410108,
C.R.S., section 1811001, section 192707,
C.R.S., section 193316, C.R.S., section 194111,
C.R.S., or rule 365 of the Colorado rules of county court civil
procedure or an order issued as part of the proceedings concerning
a criminal municipal ordinance violation. "RESTRAINING ORDER"
ALSO INCLUDES ANY FOREIGN PROTECTION ORDER AS DESCRIBED IN SECTION
186803.8.
SECTION 5. Article
6 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
186803.8. Foreign protection orders.
(1) Legislative declaration. THE GENERAL ASSEMBLY
RECOGNIZES THAT DOMESTIC VIOLENCE IS AN ISSUE OF PUBLIC SAFETY.
THE RISK OF HARM TO VICTIMS OF DOMESTIC VIOLENCE IS NOT LIMITED
BY STATE BOUNDARIES. VICTIMS HAVE THE RIGHT TO TRAVEL SAFELY
FROM ONE STATE, TRIBE, OR TERRITORY TO ANOTHER AND BE AFFORDED
THE SAME PROTECTIONS AS THEIR HOME STATE WOULD PROVIDE AGAINST
A PERPETRATOR. THEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT
IS IN THE STATE'S BEST INTEREST TO ALLOW FOR THE RECOGNITION AND
ENFORCEMENT OF FOREIGN PROTECTION ORDERS AS PROVIDED IN THIS SECTION.
(2) Definition. AS USED
IN THIS SECTION, "FOREIGN PROTECTION ORDER" MEANS ANY
PROTECTION OR RESTRAINING ORDER, INJUNCTION, OR OTHER ORDER ISSUED
FOR THE PURPOSE OF PREVENTING VIOLENT OR THREATENING ACTS OR HARASSMENT
AGAINST, OR CONTACT OR COMMUNICATION WITH OR PHYSICAL PROXIMITY
TO, ANOTHER PERSON, INCLUDING TEMPORARY OR FINAL ORDERS, OTHER
THAN CHILD SUPPORT OR CUSTODY ORDERS, ISSUED BY A CIVIL OR CRIMINAL
COURT OF ANOTHER STATE, AN INDIAN TRIBE, OR A U.S. TERRITORY OR
COMMONWEALTH.
(3) Full faith and credit. A
FOREIGN PROTECTION ORDER SHALL BE ACCORDED FULL FAITH AND CREDIT
BY THE COURTS OF THIS STATE AS IF THE ORDER WERE AN ORDER OF THIS
STATE, NOTWITHSTANDING SECTION 1411101, C.R.S., AND
ARTICLE 53 OF TITLE 13, C.R.S., IF THE ORDER MEETS ALL OF THE
FOLLOWING CONDITIONS:
(a) THE FOREIGN PROTECTION ORDER WAS OBTAINED AFTER PROVIDING THE PERSON AGAINST WHOM THE PROTECTION ORDER WAS SOUGHT A REASONABLE NOTICE AND OPPORTUNITY TO BE HEARD SUFFICIENT TO PROTECT HIS OR HER DUE PROCESS RIGHTS. IF THE FOREIGN PROTECTION ORDER IS AN EX PARTE INJUNCTION OR ORDER, THE PERSON AGAINST WHOM IT WAS OBTAINED SHALL HAVE BEEN GIVEN NOTICE AND AN OPPORTUNITY TO BE HEARD WITHIN A REASONABLE TIME AFTER THE ORDER WAS ISSUED SUFFICIENT TO PROTECT HIS OR HER DUE PROCESS RIGHTS.
(b) THE COURT THAT ISSUED THE ORDER HAD
JURISDICTION OVER THE PARTIES AND OVER THE SUBJECT MATTER;
(c) THE ORDER COMPLIES WITH SECTION 144102
(13), C.R.S.
(4) Process. A PERSON
ENTITLED TO PROTECTION UNDER A FOREIGN PROTECTION ORDER MAY, BUT
SHALL NOT BE REQUIRED TO, FILE SUCH ORDER IN THE DISTRICT OR COUNTY
COURT BY FILING WITH SUCH COURT A CERTIFIED COPY OF SUCH ORDER,
WHICH SHALL BE ENTERED INTO THE CENTRAL REGISTRY OF RESTRAINING
ORDERS CREATED IN SECTION 186803.7. THE CERTIFIED
ORDER SHALL BE ACCOMPANIED BY AN AFFIDAVIT IN WHICH THE PROTECTED
PERSON AFFIRMS TO THE BEST OF HIS OR HER KNOWLEDGE THAT THE ORDER
HAS NOT BEEN CHANGED OR MODIFIED SINCE IT WAS ISSUED. THERE SHALL
BE NO FILING FEE CHARGED. IT IS THE RESPONSIBILITY OF THE PROTECTED
PERSON TO NOTIFY THE COURT IF THE PROTECTION ORDER IS SUBSEQUENTLY
MODIFIED.
(5) Enforcement. FILING
OF THE FOREIGN PROTECTION ORDER IN THE CENTRAL REGISTRY OR OTHERWISE
DOMESTICATING OR REGISTERING THE ORDER PURSUANT TO ARTICLE 53
OF TITLE 13, C.R.S., OR SECTION 1411101, C.R.S., IS
NOT A PREREQUISITE TO ENFORCEMENT OF THE FOREIGN PROTECTION ORDER.
A PEACE OFFICER SHALL PRESUME THE VALIDITY OF, AND ENFORCE IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, A FOREIGN PROTECTION
ORDER THAT APPEARS TO BE AN AUTHENTIC COURT ORDER THAT HAS BEEN
PROVIDED TO THE PEACE OFFICER BY ANY SOURCE. IF THE PROTECTED
PARTY DOES NOT HAVE A COPY OF THE FOREIGN PROTECTION ORDER ON
HIS OR HER PERSON AND THE PEACE OFFICER DETERMINES THAT A PROTECTION
ORDER EXISTS THROUGH THE CENTRAL REGISTRY, THE NATIONAL CRIME
INFORMATION CENTER AS DESCRIBED IN 28 U.S.C. SEC. 534, OR COMMUNICATION
WITH APPROPRIATE AUTHORITIES, THE PEACE OFFICER SHALL ENFORCE
THE ORDER. A PEACE OFFICER MAY RELY UPON THE STATEMENT OF ANY
PERSON PROTECTED BY A FOREIGN ORDER THAT IT REMAINS IN EFFECT.
A PEACE OFFICER WHO IS ACTING IN GOOD FAITH WHEN ENFORCING A
FOREIGN PROTECTION ORDER SHALL NOT BE CIVILLY OR CRIMINALLY LIABLE
PURSUANT TO SECTION 186803.5 (5).
SECTION 6. 1353102,
Colorado Revised Statutes, is amended to read:
1353102. Definition.
As used in this article, unless the context otherwise requires:
(1) "Foreign judgment" means
any judgment, decree, or order of a court of the United States
or of any other court, EXCEPT A PROTECTION ORDER OR A RESTRAINING
ORDER AS DESCRIBED IN SECTION 186803.8, C.R.S., which
THAT is entitled to full faith and credit in this state.
SECTION 7. 1411101,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1411101. Foreign decrees
how handled. (3) NOTWITHSTANDING
THE PROVISIONS OF THIS ARTICLE, A RESTRAINING OR PROTECTION ORDER
ISSUED BY A COURT OF ANY STATE, ANY INDIAN TRIBE, OR ANY UNITED
STATES TERRITORY SHALL BE ENFORCED PURSUANT TO SECTION 186803.8,
C.R.S.
SECTION 8. Effective
date applicability. This act shall take
effect July 1, 1998. Section 1 of this act shall apply to offenses
committed on or after said date.
SECTION 9. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO