S.B. 98-8 Preliminary hearings - dispositional hearings. Eliminates the ability of an adult accused of a class 4, 5, or 6 felony, or a juvenile accused of a delinquent act that constitutes a class 4, 5, or 6 felony if committed by an adult, to demand and receive a preliminary hearing, unless the felony is one that requires mandatory sentencing, is a crime of violence, or is a sexual offense. Requires such persons to participate in a dispositional hearing for the purposes of case evaluation and potential resolution. Allows such persons to demand and receive a preliminary hearing if they are in custody; however, directs the court to vacate the preliminary hearing upon the motion of either party if the person has been released from custody prior to the hearing.
Encourages the chief justice of the Colorado supreme court to promulgate rules defining the term "dispositional hearing".
Applies to offenses committed on or after July 1, 1998.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
S.B. 98-21 Vehicular homicide - fleeing from commission of another felony - increased penalty - appropriation. Requires the judge to sentence a defendant convicted of vehicular homicide to a minimum of the midpoint of the presumptive sentencing range but not more than twice the maximum term if the defendant was fleeing from the commission of another felony at the time the vehicular homicide occurred.
For fiscal year 1999-2000, transfers $3,840 from the general fund to the capital construction fund and appropriates said amount to the corrections expansion reserve fund. For fiscal year 2000-01, transfers $12,217 from the general fund to the capital construction fund, appropriates said amount to the corrections expansion reserve fund, and appropriates an additional $1,284 from the general fund to the department of corrections. For fiscal year 2001-02, transfers $9,890 from the general fund to the capital construction fund, appropriates said amount to the corrections expansion reserve fund, and appropriates an additional $5,371 from the general fund to the department of corrections. For fiscal year 2002-03, transfers $13,962 from the general fund to the capital construction fund, appropriates said amount to the corrections expansion reserve fund, and appropriates an additional $8,679 from the general fund to the department of corrections.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
S.B. 98-137 Crimes involving sexual behavior - HIV testing information. Specifies that the provisions of the act are procedural and therefore may apply to offenses committed prior to, on, or after the effective date of the act.
Requires a person who is convicted under a municipal ordinance that is comparable to the offense of prostitution or patronizing a prostitute to submit to human immunodeficiency virus (HIV) testing. Specifies that the results of said test shall be reported to either the district or municipal attorney. Authorizes the district or municipal attorney to release the test results to a district or municipal attorney in another jurisdiction if the person is charged in the other jurisdiction with prostitution or patronizing a prostitute. Directs that the test be performed by a facility that provides ongoing health care. Requires an employee of the testing facility to provide oral and documentary evidence regarding whether the person tested had notice prior to the date of the subsequent offense that he or she had tested positive for HIV.
Requires the court to order any person who has been bound over for trial on a sex offense consisting of sexual penetration that involved sexual intercourse or anal intercourse to submit to HIV testing. Specifies that the test results shall be reported to the district attorney. Requires the district attorney to maintain the confidentiality of the test results except under specified circumstances. If the person tests positive, allows the district attorney to seek information from the state department of public health and environment and the local health department concerning whether the person had been notified prior to the date of the offense that he or she tested positive. Requires the state or local health department employee who first notified and can identify the person to provide such oral and written information. If such employee is no longer employed by the state or local health department, requires the state or local health department to provide the former employee's name and address, if available, the documentary evidence, and, if the former employee is unavailable, any current employee with knowledge of the notice and its date.
Specifies that the disclosure provisions shall not be construed to abridge the statutory confidentiality requirements imposed on the state department of public health and environment and the local health departments other than as specified.
VETOED by Governor June 4, 1998
S.B. 98-180 Colorado integrated criminal justice information system - implementation - appropriation. Declares that the Colorado integrated criminal justice information system is in the beginning stages of implementation and that there is a need for ongoing support and leadership to maintain the system. Expands the role of the chief officer of the system to include maintenance of the system.
Repeals statutes relating to the design phase of the system and the local criminal justice agencies pilot program, which have been accomplished.
Appropriates $245,281 and 1.5 FTE to the department of public safety for allocation to the office of the executive director for the implementation of the act.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1004 Domestic violence - treatment providers - continuation of regulation under sunset law. Continues the regulation and certification of domestic violence treatment programs by local certification boards and the commission on domestic violence until July 1, 2000.
APPROVED by Governor May 22, 1998
EFFECTIVE May 22, 1998
H.B. 98-1026 Theft of public transportation services - fare evasion. Makes it a class 2 petty offense to use a public transportation vehicle without paying the applicable fare, carrying proof that the fare has been paid, or showing proof, upon demand, that the fare has been paid. Makes such offense punishable by a fine not to exceed $100.
APPROVED by Governor April 2, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1041 Theft of cable services - civil and criminal - penalties. Revises provisions on criminal theft of cable services to provide that a person commits theft of cable services if the person knowingly engages in one of the following acts without authorization from or payment to the cable operator:
Authorizes cable operators to sue for theft of cable services for the above-described violations. Authorizes cable operators to recover the greater of $4,000 or 3 times the amount of actual damages sustained for civil theft of cable service. States that a court may increase an award of damages by up to $50,000 upon finding that an act of civil theft was committed willfully and for commercial advantage. Provides that cable operators do not have to prove that the final purchaser used the device without authorization from or payment to a cable operator. States that the successful party shall be awarded reasonable attorney fees and direct costs incurred as a result of the theft.
Prohibits attempts to limit liability by requiring purchasers to sign a disclaimer acknowledging their responsibility to report the use of a device to a cable operator. Eliminates a provision describing what constitutes prima facie evidence of intent to commit and the commission of civil theft of cable television service. Authorizes cable operators to seek injunctions enjoining violations and damages arising therefrom in the same action.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1088 Criminal laws - procedural changes. Specifies that service of a subpoena on the parent or legal guardian who has physical care of an unemancipated minor, commanding appearance of the unemancipated minor, is sufficient to compel the parent or legal guardian to make all necessary arrangements to ensure that the unemancipated minor appears as a witness at any proceeding before the court or to compel the parent or legal guardian to appear and show good cause for the unemancipated minor's failure to appear.
Repeals the section allowing a county court clerk to issue a summons based on a sworn complaint filed by any person. Prohibits payment of witness fees and witness mileage fees to any person who at the time of testifying is in the legal custody of a state, federal, or local government and whose transportation is provided at government expense. States that criminal restraining orders shall be entered into the central registry of restraining orders only at the discretion of the court or upon motion of the district attorney. Specifies that the clerk of the court issuing a restraining order is responsible for maintaining the information entered into the central registry for restraining orders.
Expands the definition of "basic identification information" for purposes of the adult criminal record expungement statute to conform to the juvenile expungement statute by including place of birth, social security number, occupation and address of employment, photograph, handwritten signature, and any known aliases. Specifies that a defendant or juvenile may be required to pay the costs of participation in a diversion program if he or she unsuccessfully participated in the diversion program prior to conviction or adjudication. Authorizes a court to issue a warrant for the arrest of any person who violates the conditions of a deferred sentence.
Identifies an order of the trial court that dismisses one or more counts of a charging document prior to trial as a final order that the prosecution may immediately appeal. Provides that an appellate court may deny a collateral attack on a criminal judgment when it is clear on the face of the pleadings and on the record that the attack is untimely, regardless of whether timeliness was raised as an issue at the trial court level. Requires application for a rehearing prior to filing for a writ of certiorari only if such application is required by supreme court rule, and specifies that procedures for rehearings on writs of certiorari are subject to supreme court rule.
Clarifies that, for purposes of conducting background checks on persons applying for concealed weapon permits, the Colorado bureau of investigation shall use the applicant's fingerprints in accessing criminal history records maintained by the federal bureau of investigation.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1117 Execution of prisoners - procedures. Eliminates the provision that prohibits the executive director of the department of corrections or such person's designee from publicizing the day and time of a prisoner's execution. Authorizes the executive director or such person's designee to allow up to 18 witnesses to attend an execution, in addition to those persons whose presence is necessary to conduct the execution.
APPROVED by Governor April 22, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1124 Theft of trade secrets - statutory limitation period - extension. Extends the limitation period to 3 years for the commencement of criminal proceedings in cases of theft of trade secrets.
Tolls the beginning of the limitation period until discovery of the theft, as is currently done with certain other offenses involving fraud or concealment.
Applies to offenses committed on or after July 1, 1998.
APPROVED by Governor April 6, 1998
EFFECTIVE July 1, 1998.
H.B. 98-1156 Sex offenders - lifetime supervision - incarceration - parole - probation - appropriation. Enacts the "Colorado Sex Offender Lifetime Supervision Act of 1998". Defines "sex offense" to include all class 2, 3, or 4 felony sex offenses except specified sex offenses involving exploitation of children. Defines "sex offender" as anyone who is convicted of or pleads guilty or nolo contendere to a sex offense or who is otherwise sentenced as a sex offender.
Requires the court to sentence sex offenders to incarceration for an indeterminate term of at least the minimum of the presumptive range for the level of offense committed and a maximum of the sex offender's natural life or to probation for an indeterminate term of at least 10 years for a class 4 felony or 20 years for a class 2 or 3 felony up to a maximum of the sex offender's natural life. If the sex offense committed was a crime of violence, sets the minimum of the indeterminate sentence at the midpoint in the presumptive range for the level of offense committed, and prohibits the court from sentencing a sex offender who commits a crime of violence to probation. If the sex offense committed renders a sex offender eligible for sentencing as a habitual sex offender against children, sets the minimum of the indeterminate sentence at the upper limit of the presumptive range for the level of offense committed, and prohibits the court from sentencing said sex offender to probation.
Allows the court to sentence as a sex offender a person convicted of one of the specified sex offenses involving exploitation of children if an evaluation indicates that the person is a sexually violent predator.
Requires all sex offenders, as part of their sentence, to undergo sex offender evaluation and treatment. Specifies that, if a sex offender is sentenced for another crime arising out of the same incident as the sex offense, the sentences shall be served consecutively, not concurrently. Specifies that the sentencing provisions of the act shall take precedence over any sentence imposed for a non-sex offense, unless the non-sex offense is a class 1 felony.
For sex offenders sentenced to the department of corrections:
For sex offenders sentenced to probation:
Instructs the department of corrections to create an intensive supervision parole program for sex offenders and the judicial department to create an intensive supervision probation program for sex offenders. Specifies the minimum requirements for both programs. Allows any person who is convicted of indecent exposure, class 5 felony criminal attempt, conspiracy, or solicitation to commit a sex offense, or any of the specified sex offenses involving exploitation of children to be required to participate in the programs.
Provides that a sex offender should be released from incarceration, receive a reduced level of supervision, or be discharged from parole or probation if the sex offender has successfully progressed in treatment and would not pose an undue threat to the community. In the case of release on parole, requires the state board of parole to determine whether there is a reasonable possibility that the sex offender will not commit a crime while on parole.
Beginning November 1, 2000, requires the department of corrections, the department of public safety, and the judicial department to submit an annual report to the judiciary committees of the senate and the house of representatives concerning implementation of the act.
Instructs the sex offender management board, in collaboration with the department of corrections, the judicial department, and the state board of parole, to establish criteria concerning whether the sex offender has met the standard for release or reduction in supervision and standards for entities providing treatment services for sex offenders with developmental disabilities. Requires the recommendations of the department of corrections, parole officers, probation officers, and treatment providers to be based on the criteria established by the sex offender management board.
Specifies that the "Colorado Sex Offender Lifetime Supervision Act of 1998" applies to persons convicted of sex offenses committed on or after November 1, 1998.
Allows the state board of parole to defer reconsideration of a request for release on parole for periods of up to 3 years for any person convicted of a sexual offense prior to November 1, 1998.
For fiscal year 2002-03, transfers $8,307,509 from the general fund to the capital construction fund and appropriates said amount to the corrections expansion reserve fund.
For fiscal year 1998-99, makes the following appropriations from the general fund:
APPROVED by Governor June 1, 1998
EFFECTIVE November 1, 1998
H.B. 98-1160 Criminal laws - substantive changes - appropriations. Prohibits issuance of a bench warrant for any person who fails to appear for a hearing on a minor traffic infraction. Clarifies that the witness protection board may authorize funds to protect a witness who is threatened after completion of an official proceeding or investigation.
Requires revocation of a minor's or provisional driver's license for any person convicted of or adjudicated for a misdemeanor offense or comparable municipal charter or ordinance offense involving controlled substances or marijuana. Specifies that a person whose license is revoked based on said conviction or adjudication is not required to file proof of financial responsibility prior to being relicensed.
For the following crimes, increases the dollar amount that distinguishes between a misdemeanor and a felony and between levels of felony from $400 to $500:
Allows multiple incidents of theft by receiving that are committed over a period of 6 months to be aggregated to constitute a class 3 felony if the aggregate value of the things involved is $500 or more.
Specifies that commission of crimes against at-risk adults and at-risk juveniles includes the attempt, solicitation, and conspiracy to commit such crimes. Adds assault in the first degree under circumstances in which the defendant intends to disfigure or disable another person to the crimes specified as crimes of violence. Clarifies that a defendant convicted of assault in the second degree, where the injury occurred during commission or flight from commission of sexual assault in the first degree, is subject to enhanced sentencing provisions, but not those applicable to crimes of violence. Makes it a class 4 felony if a person commits violation of custody by removing the child from the United States.
Extends the term of the automatic restraining order until the case is dismissed or until the defendant is acquitted or completes his or her sentence. Specifies that the court may appoint a designee to perform the court's duties with regard to the automatic restraining order. Expands criminal solicitation to include offering one's services or the services of another to commit a felony. Lowers the aggregate amount of cocaine required to subject a person to mandatory sentencing if that person unlawfully manufactures, dispenses, sells, or distributes twice or more in 6 months. Deletes the redundant phrase "with intent to steal anything of value" from the elements describing first degree criminal trespass. Increases the level of offense for a hit-and-run accident that results in serious bodily injury from a class 1 misdemeanor to a class 5 felony.
Makes sexual assault on a child by one in a position of trust a class 3 felony where the act is part of a pattern of sexual abuse. Specifies that a defendant convicted of sexual assault on a child by one in a position of trust under such circumstances is subject to enhanced sentencing under the crime of violence provisions.
Makes it an aggravating factor in considering a death penalty sentence if the defendant chose the victim because of the victim's race, color, ancestry, religion, or national origin.
Increases the level of offense for intentionally blocking access to a public highway extending to public lands from a class 3 to a class 1 misdemeanor. For purposes of the "Uniform Controlled Substances Act of 1992", places the drug butorphanol onto schedule IV.
Requires any offender convicted of a class 2, 3, 4, or 5 felony offense committed on or after July 1, 1998, or a class 6 felony that constitutes the offender's second or subsequent felony conviction committed on or after July 1, 1998, whose parole is revoked, and who serves the majority of his or her remaining mandatory period of parole in reincarceration, to complete 12 months of supervision before the offender's sentence is fully discharged. Allows the state board of parole to revoke an offender's supervision and impose intermediate sanctions or return the offender to incarceration for a period of up to 12 months. Allows the state board of parole to discharge an offender prior to completion of the 12-month period of supervision if the board determines that the offender is sufficiently reintegrated into society.
Caps the total period of time that an offender may spend in incarceration at the length of the original sentence to incarceration plus the length of the mandatory parole sentence plus 12 months. Requires the state board of parole to impose intermediate sanctions if revocation of mandatory parole is for less than 12 months or revocation of supervision is based on a technical violation.
Clarifies that an offender's sentence for a class 2, 3, 4, or 5 felony offense committed on or after July 1, 1998, or a class 6 felony that is the offender's second or subsequent felony offense committed on or after July 1, 1998, is not fully discharged until the offender either completes or is discharged from the mandatory period of parole or completes or is discharged from the 12-month period of supervision, whichever occurs first.
Makes an exception to the 5-year appropriation requirement for the provisions concerning parole. For fiscal year 2000-01, transfers $71,207 from the general fund to the capital construction fund and appropriates said amount to the corrections expansion reserve fund. For fiscal year 2001-02, transfers $349,055 from the general fund to the capital construction fund, appropriates said amount to the corrections expansion reserve fund, and appropriates an additional $23,916 from the general fund to the department of corrections. For fiscal year 2002-03, transfers $397,923 from the general fund to the capital construction fund, appropriates said amount to the corrections expansion reserve fund, and appropriates an additional $140,676 from the general fund to the department of corrections.
APPROVED by Governor June 4, 1998
EFFECTIVE July 1, 1998
H.B. 98-1177 Sex offenders - registration - sexual exploitation of children - length of parole - witness' prior history - sex offender treatment board - sex offender identification fund. Requires registration by those persons who were required to register as sex offenders against children prior to the 1994 repeal and reenactment of the sex offender registration statute. Clarifies that the sex offender registration provisions apply to persons who plead guilty or nolo contendere to a sex offense. Clarifies that the duty to register applies to any juvenile who receives a deferred adjudication.
Specifies that department of human services personnel shall notify appropriate persons committed to the department of their duty to register as a sex offender. Instructs department of corrections and department of human services personnel to obtain from a sex offender, at least 5 days prior to the date he or she is released from either department, the address at which the sex offender intends to reside upon release.
Specifies that a sex offender must annually reregister with the local law enforcement agency on the sex offender's birth date or the first business day thereafter. Requires sex offender registrants to specify all names including aliases used by the registrant and to reregister if at any time the registrant legally changes his or her name. When a person who is required to register moves to a new jurisdiction, requires the person to notify the law enforcement agency of the jurisdiction from which the person moved. Expands the crime of failure to register as a sex offender to include failure to provide an address prior to release from the department of corrections or department of human services and failure to provide all names and reregister within 7 days after a name change.
Specifies that the interactive data base system shall include all known names used by a registrant and shall cross check names and addresses with the department of revenue data base. Specifies those persons responsible for entering and maintaining information concerning registered sex offenders after the interactive criminal data base is in place.
Specifies that a person who is required to register due to a deferred judgment and sentence or a deferred adjudication may petition the court for an order discontinuing the registration requirement after the person successfully completes the deferred sentence or deferred adjudication. Specifies that any person who was less than 16 years of age at the time of adjudication for a sex offense may petition the court after completion or discharge from the sentence for an order discontinuing the registration requirement and removing his or her name from the sex offender registry. Requires the judge to consider whether said person is likely to commit a subsequent sex offense and to base his or her decision on recommendations from said person's parole or probation officer and treatment provider and from the prosecuting attorney. Instructs the court to notify the law enforcement agency and the district attorney when a person who is required to register files a petition for an order discontinuing registration. If the court grants the order, instructs the petitioner to send a copy of the order to the law enforcement agency and the Colorado bureau of investigation.
Clarifies that the provisions concerning sexually violent predators apply only to adult offenders or juvenile offenders who are tried as adults. Expands the definition of "sexually exploitative material" to include any digitally reproduced visual material. Specifies that sexual exploitation of a child includes distributing sexually exploitative material through electronic or digital means. Clarifies that a juvenile who is adjudicated for an offense that involves unlawful sexual behavior cannot request expungement of his or her record.
Makes an amendment to conform with a statutory section previously adopted by the general assembly specifying that the period of parole for persons convicted of certain sex offenses is not limited to 5 years, and that the state board of parole has discretion to set the length of parole for persons convicted of certain sex offenses, so long as the parole period does not exceed the maximum sentence imposed on the inmate by the court. Expands the rape shield statute to restrict introduction of evidence concerning a witness' sexual conduct or reputation and to apply to the crimes of sexual assault on a child by one in a position of trust and sexual assault on a client by a psychotherapist.
Adds a judge to serve as a member of the sex offender management board. Changes the name of the sex offender treatment board to the sex offender management board. Clarifies that the sex offender identification fund, in addition to payments for genetic testing received from sex offenders, shall include any additional moneys that may be appropriated thereto by the general assembly to fund the costs incurred in genetic testing of sex offenders.
APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998
H.B. 98-1207 Prisoners - transportation by private company - notifications - log book - conditions. Requires all private companies transporting prisoners in Colorado to:
Requires prisoners being transported in Colorado by a private company to:
Establishes that a person supervising or an entity transporting a prisoner through Colorado who violates the law may be found guilty of a misdemeanor and sentenced to a fine.
If a prisoner being transported through the state escapes due to negligence of the entity transporting or the person supervising the prisoner, requires the entity transporting the prisoner to be held liable for all actual costs incurred in apprehending the escaped prisoner and actual damages caused by the prisoner.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
H.B. 98-1245 Controlled substances - dispensing of prescriptions via facsimile. Conforms the statute concerning pharmacists' authority to fill prescriptions for schedule II controlled substances to the federal law requirements on facsimile transmissions of prescriptions.
Allows practitioners to transmit a prescription for a schedule II controlled substance to the dispensing pharmacist by facsimile transmission so long as the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance.
Allows practitioners to transmit a prescription for a schedule II controlled substance for a hospice patient or for a resident of a long-term care facility or for a patient receiving infusion drug therapy to the dispensing pharmacist by facsimile transmission. Requires that the practitioner or the practitioner's agent note on the prescription that the patient is a hospice patient or a resident in a long-term care facility or a patient receiving infusion drug therapy. States that the facsimile serves as the original written prescription.
Applies to all qualifying prescriptions dispensed on or after July 1, 1998.
APPROVED by Governor April 21, 1998
EFFECTIVE July 1, 1998
H.B. 98-1255 Financial crimes - standardized amounts - place of trial for multiple offenses. Establishes standard dollar amounts for crimes whose levels of offense depend upon the dollar amount involved in the crime. Clarifies that for these crimes the commission of more than one offense within 6 months may be joined as a single criminal episode and tried in any county in which one of the offenses could have been tried.
Applies to offenses committed on or after July 1, 1998.
APPROVED by Governor May 22, 1998
EFFECTIVE July 1, 1998
H.B. 98-1264 Class 1 felonies - discovery procedures. For class 1 felony cases in which the prosecuting attorney has filed a statement of intent to seek the death penalty, specifies the information and materials that both the prosecuting attorney and the defendant must exchange and the time frame in which it shall be exchanged. If the defendant intends to call a witness at the sentencing hearing who will testify as to the defendant's mental condition, requires the court, at the prosecutor's request, to order the defendant to undergo a mental examination, unless the defendant has already undergone such examination and the examination report addresses the defendant's mental condition with regard to mitigating factors.
Specifies that the statute allowing lay witnesses to testify as to their observations of the defendant's mental condition applies in a death penalty sentencing hearing where the defendant intends to produce witnesses who will provide evidence of the defendant's mental condition.
Creates a continuing duty on the part of both the prosecuting attorney and the defendant to disclose the specified information and materials. Requires any party that discovers additional information and materials that are subject to disclosure to promptly provide the information and materials to the other party.
Allows the court, on a showing of extraordinary circumstances, to grant an extension of time for disclosure of information and materials. Authorizes the court to impose orders and sanctions for violation of the disclosure requirements.
APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998
H.B. 98-1272 Domestic violence - duties of officers - violations of restraining orders - enforcement of foreign orders. Adds to the list of misdemeanors that present an extraordinary risk of harm to society, for purposes of sentencing enhancement, second and subsequent violations of a restraining order to prevent domestic violence.
Clarifies that a peace officer is not required to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence. Clarifies that a peace officer is not required to arrest either party if the officer determines there is no probable cause to believe that a crime of domestic violence has been committed.
Provides that protection and restraining orders issued by another state, an Indian tribe, or a United States territory or commonwealth shall be enforced in this state.
Requires restraining orders to include a statement that the order is enforceable in every court in the United States, that the issuing court had jurisdiction over the parties, and that the defendant received notice and an opportunity to be heard.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.