CHAPTER 367

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CRIMINAL LAW AND PROCEDURE

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SENATE BILL 08-236 [Digest]

BY SENATOR(S) Bacon;

also REPRESENTATIVE(S) Kerr A., Casso, King, and Romanoff.

AN ACT

Concerning clarifying that a law enforcement officer may give notice of the contents of a protection order to the person who is the subject of the order for purposes of the knowledge element in a criminal case involving violation of the protection order.

Be it enacted by the General Assembly of the State of Colorado:

  SECTION 1.  The introductory portion to 18-6-803.5 (1), Colorado Revised Statutes, is amended to read:

  18-6-803.5.  Crime of violation of a protection order - penalty - peace officers' duties. (1)  A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, such the person:

  SECTION 2.  Effective date - applicability. This act shall take effect July 1, 2008, and shall apply to offenses committed on or after said date.

  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.

Approved: June 2, 2008

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Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

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