C.R.S.
Section 13-10-104.5
Municipal court
- municipal ordinance
- act of domestic violence
- report
- repeal
(1)
If a municipality has a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipality shall adopt an ordinance establishing:(a)
That victims, victims’ families, and witnesses of a violation of an act of domestic violence receive protections and rights equivalent to those afforded to victims, victims’ families, and witnesses pursuant to the “Victim Rights Act”, part 3 of article 4.1 of title 24, as it relates to an act of domestic violence, by establishing that:(I)
The law enforcement agency within the municipality is responsible for providing equivalent rights afforded to victims pursuant to section 24-4.1-303 (2), (5), (7), (9), (10), and (14.9);(II)
The city attorney within the municipality is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9), (11), (12), and (13);(III)
The municipal court is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (3.5), (6), (14.4), (14.5), and (14.7);(IV)
The municipal court probation office is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (13.5); and(V)
The law enforcement agency within the municipality, the city attorney within the municipality, the municipal court, and the municipal court probation office are responsible for ensuring victims are afforded equivalent rights to those described in section 24-4.1-302.5.(b)
Sentencing for violations that are equivalent to the domestic violence sentences described in section 18-6-801 (1), (3), (4), (5), (6), and (8), to the extent consistent with the jurisdiction of the municipal court;(c)
Conditions of probation that the court may impose consistent with the conditions described in section 18-1.3-204 (2);(d)
Conditions of release on bond that are consistent with the conditions described in section 16-4-105 (4) and (4.1);(e)
Guidelines and standards that are consistent with the guidelines and standards adopted by the domestic violence offender management board pursuant to section 16-11.8-103 (4); and(f)
A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed make a reasonable effort to remain as the prosecuting attorney throughout the proceeding.(2)
In a case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipal court shall:(a)
Issue a protection order that meets the minimum standards required pursuant to sections 18-1-1001 (3) and 18-1-1001 (5), to the extent consistent with the jurisdiction of the municipal court;(b)
Report or cause to be reported the alleged violation to the Colorado bureau of investigation created in section 24-33.5-401, and enter the information into the Colorado crime information center database and the national crime information center database; and(c)
Search the Colorado bureau of investigation created in section 24-33.5-401, the Colorado crime information center database, and the national crime information center system database to determine if the respondent has a history of domestic violence.(3)
Any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, is a misdemeanor for purposes of complying with 18 U.S.C. sec. 921.(4)
Any affected person may enforce compliance with this section by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this section. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this section. A person, corporation, or other legal entity is not entitled to claim or to receive any damages or other financial redress for any failure to comply with this section.(5)
Intentionally left blank —Ed.(a)
Beginning January 2025 and each year until January 2029, the department of public safety shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, during the department’s “SMART Act” hearing the total number of reports and inquiries submitted to the Colorado bureau of investigation, the Colorado crime information center database, and the national crime information center database pursuant to subsections (2)(b) and (2)(c) of this section, aggregated by municipality.(b)
This subsection (5) is repealed, effective July 1, 2029.
Source:
Section 13-10-104.5 — Municipal court - municipal ordinance - act of domestic violence - report - repeal, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-13.pdf (accessed Oct. 20, 2023).
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