Second Regular Session

Seventy-first General Assembly

STATE OF COLORADO
INTRODUCED

LLS NO. 18-1144.01 Michael Dohr x4347 HOUSE BILL 18-1436

HOUSE SPONSORSHIP
Garnett and Wist,

SENATE SPONSORSHIP
(None),

House Committees Senate Committees

Judiciary

A BILL FOR AN ACT

101 CONCERNING CREATION OF AN EXTREME RISK PROTECTION ORDER.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)

The bill creates the ability for a family or household member or a

law enforcement officer to petition the court for a temporary extreme risk
protection order (ERPO). The petitioner must establish by a
preponderance of the evidence that a person poses a significant risk to
self or others by having a firearm in her or her custody or control or by
possessing, purchasing, or receiving a firearm. The petitioner must submit
an affidavit signed under oath and penalty of perjury that sets forth facts
to support the issuance of a temporary ERPO and a reasonable basis for
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
 believing they exist. The court must hold a temporary ERPO hearing in
person or by telephone on the day the petition is filed or on the court day
immediately following the day the petition is filed.
After issuance of a temporary ERPO, the court must schedule a
second hearing no later than 7 days following the issuance to determine
whether the issuance of a continuing ERPO is warranted. If a family or
household member or a law enforcement officer establishes by clear and
convincing evidence that a person poses a significant risk to self or others
by having a firearm in his or her custody or control or by possessing,
purchasing, or receiving a firearm, the court may issue a continuing
ERPO. The ERPO would prohibit the respondent from possessing,
controlling, purchasing, or receiving a firearm for 182 days.
Upon issuance of the ERPO, the respondent shall surrender all of
his or her firearms and his or her concealed carry permit if the respondent
has one. The respondent may surrender his or her firearms either to a law
enforcement agency or a federally licensed firearms dealer. If a person
other than the respondent claims title to any firearms surrendered to law
enforcement, the firearm shall be returned to him or her.
The respondent can motion the court once during the 182-day
ERPO for a hearing to terminate the ERPO. The petitioner has the burden
of proof at a termination hearing. The court shall terminate the ERPO if
the petitioner does not establish by clear and convincing evidence that the
respondent continues to pose a significant risk of causing personal injury
to self or others by having in his or her custody or control a firearm or by
purchasing, possessing, or receiving a firearm. The party requesting the
original ERPO may request an extension of the ERPO before it expires.
The requesting party must show by clear and convincing evidence that the
respondent continues to pose a significant risk of causing personal injury
to self or others by having a firearm in his or her custody or control or by
purchasing, possessing, or receiving a firearm. If the ERPO expires or is
terminated, all of the respondent's firearms must be returned.
The bill requires the state court administrator to develop and
prepare standard petitions and ERPO forms. Additionally, the state court
administrator at the judicial department's "State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act"
hearing shall provide statistics related to petitions for ERPOs.

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

2 SECTION 1. In Colorado Revised Statutes, add article 14.5 to
3 title 13 as follows:
4 ARTICLE 14.5

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1 Extreme Risk Protection Orders
2 13-14.5-101. Short title. THE SHORT TITLE OF THIS ARTICLE 14.5
3 IS THE "DEPUTY ZACKARI PARRISH III VIOLENCE PREVENTION ACT".

4 13-14.5-102. Definitions. AS USED IN THIS ARTICLE 14.5, UNLESS

5 THE CONTEXT OTHERWISE CLEARLY REQUIRES:

6 (1) "EXTREME RISK PROTECTION ORDER" MEANS EITHER A

7 TEMPORARY ORDER OR A CONTINUING ORDER GRANTED PURSUANT TO THIS

8 ARTICLE 14.5.

9 (2) "FAMILY OR HOUSEHOLD MEMBER" MEANS, WITH RESPECT TO

10 A RESPONDENT, ANY:

11 (a) PERSON RELATED BY BLOOD, MARRIAGE, OR ADOPTION TO THE

12 RESPONDENT;

13 (b) PERSON WHO HAS A CHILD IN COMMON WITH THE RESPONDENT,

14 REGARDLESS OF WHETHER SUCH PERSON HAS BEEN MARRIED TO THE

15 RESPONDENT OR HAS LIVED TOGETHER WITH THE RESPONDENT AT ANY

16 TIME;

17 (c) PERSON WHO REGULARLY RESIDES OR REGULARLY RESIDED

18 WITH THE RESPONDENT WITHIN THE LAST SIX MONTHS;

19 (d) DOMESTIC PARTNER OF THE RESPONDENT;

20 (e) PERSON WHO HAS A BIOLOGICAL OR LEGAL PARENT-CHILD

21 RELATIONSHIP WITH THE RESPONDENT, INCLUDING STEPPARENTS AND

22 STEPCHILDREN AND GRANDPARENTS AND GRANDCHILDREN;

23 (f) DATING PARTNER OF THE RESPONDENT; AND

24 (g) PERSON WHO IS ACTING OR HAS ACTED AS THE RESPONDENT'S
25 LEGAL GUARDIAN.

26 (3) "FIREARM" HAS THE SAME MEANING AS IN SECTION 18-1-901

27 (3)(h).

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1 (4) "PETITIONER" MEANS THE PERSON WHO PETITIONS FOR AN

2 EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5.

3 (5) "RESPONDENT" MEANS THE PERSON WHO IS IDENTIFIED AS THE

4 RESPONDENT IN A PETITION FILED PURSUANT TO THIS ARTICLE 14.5.

5 13-14.5-103. Temporary extreme risk protection orders. (1) A

6 FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT OR A LAW

7 ENFORCEMENT OFFICER OR AGENCY MAY REQUEST A TEMPORARY

8 EXTREME RISK PROTECTION ORDER WITHOUT NOTICE TO THE RESPONDENT

9 BY INCLUDING IN THE PETITION FOR AN EXTREME RISK PROTECTION ORDER

10 AN AFFIDAVIT , SIGNED UNDER OATH AND PENALTY OF PERJURY,

11 SUPPORTING THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION

12 ORDER THAT SETS FORTH THE FACTS TENDING TO ESTABLISH THE GROUNDS

13 OF THE PETITION OR THE REASON FOR BELIEVING THEY EXIST. THE

14 PETITION SHALL COMPLY WITH THE REQUIREMENTS OF SECTION

15 13-14.5-104 (3). IF THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR

16 LAW ENFORCEMENT AGENCY, THE LAW ENFORCEMENT OFFICER OR LAW

17 ENFORCEMENT AGENCY MAY CONCURRENTLY FILE A SWORN AFFIDAVIT

18 FOR A SEARCH WARRANT PURSUANT TO SECTION 16-3-301.5 TO SEARCH

19 FOR ANY FIREARMS IN THE POSSESSION OR CONTROL OF THE RESPONDENT

20 AT A LOCATION OR LOCATIONS TO BE NAMED IN THE WARRANT. IF A

21 PETITION PURSUANT TO SECTION 27-65-106 IS ALSO FILED AGAINST THE

22 RESPONDENT, THE COURT CAN HEAR THAT PETITION AT THE SAME TIME AS

23 THE HEARING FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR

24 THE HEARING FOR A CONTINUING EXTREME RISK PROTECTION ORDER.

25 (2) IN CONSIDERING WHETHER TO ISSUE A TEMPORARY EXTREME

26 RISK PROTECTION ORDER PURSUANT TO THIS SECTION, THE COURT SHALL

27 CONSIDER ALL RELEVANT EVIDENCE, INCLUDING THE EVIDENCE DESCRIBED

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1 IN SECTION 13-14.5-105 (3).

2 (3) IF A COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE

3 THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION

4 13-14.5-105 (3), THE RESPONDENT POSES A SIGNIFICANT RISK OF CAUSING

5 PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN HIS OR HER CUSTODY

6 OR CONTROL A FIREARM OR BY PURCHASING, POSSESSING, OR RECEIVING

7 A FIREARM, THE COURT SHALL ISSUE A TEMPORARY EXTREME RISK

8 PROTECTION ORDER.

9 (4) THE COURT SHALL HOLD A TEMPORARY EXTREME RISK

10 PROTECTION ORDER HEARING IN PERSON OR BY TELEPHONE ON THE DAY

11 THE PETITION IS FILED OR ON THE COURT DAY IMMEDIATELY FOLLOWING

12 THE DAY THE PETITION IS FILED.

13 (5) (a) IN ACCORDANCE WITH SECTION 13-14.5-105 (1), THE COURT

14 SHALL SCHEDULE A HEARING WITHIN SEVEN DAYS AFTER THE ISSUANCE OF

15 A TEMPORARY EXTREME RISK PROTECTION ORDER TO DETERMINE IF A

16 ONE-HUNDRED-EIGHTY-TWO-DAY EXTREME RISK PROTECTION ORDER

17 SHOULD BE ISSUED PURSUANT TO THIS ARTICLE 14.5. NOTICE OF THAT

18 HEARING DATE MUST BE INCLUDED WITH THE TEMPORARY EXTREME RISK

19 PROTECTION ORDER THAT IS SERVED ON THE RESPONDENT. THE COURT

20 SHALL PROVIDE NOTICE OF THE HEARING DATE TO THE PETITIONER. EITHER

21 PARTY FOR GOOD CAUSE SHOWN MAY REQUEST A DIFFERENT DATE FOR THE

22 HEARING THAT IS BEYOND THE SEVEN DAYS AND NO LONGER THAN AN

23 ADDITIONAL SEVEN DAYS FROM THE ISSUANCE OF THE TEMPORARY

24 EXTREME RISK PROTECTION ORDER. IF THE COURT RESCHEDULES THE

25 HEARING, THE COURT SHALL PROVIDE NOTICE OF THE NEW DATE TO THE

26 PETITIONER, AND THE TEMPORARY EXTREME RISK PROTECTION ORDER

27 STAYS IN EFFECT UNTIL THE NEW HEARING DATE.

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1 (b) ANY TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED
2 EXPIRES ON THE DATE AND TIME OF THE HEARING ON THE EXTREME RISK

3 PROTECTION ORDER PETITION OR THE WITHDRAWAL OF THE PETITION.

4 (6) A TEMPORARY EXTREME RISK PROTECTION ORDER MUST

5 INCLUDE:

6 (a) A STATEMENT OF THE GROUNDS ASSERTED FOR THE ORDER;

7 (b) THE DATE AND TIME THE ORDER WAS ISSUED;
8 (c) THE DATE AND TIME THE ORDER EXPIRES;
9 (d) THE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE

10 PLEADING SHOULD BE FILED;

11 (e) THE DATE AND TIME OF THE SCHEDULED HEARING;

12 (f) THE REQUIREMENTS FOR SURRENDER OF FIREARMS PURSUANT
13 TO SECTION 13-14.5-109; AND

14 (g) THE FOLLOWING STATEMENT:

15 TO THE SUBJECT OF THIS TEMPORARY EXTREME RISK

16 PROTECTION ORDER: THIS ORDER IS VALID UNTIL THE DATE

17 AND TIME NOTED ABOVE. YOU MAY NOT HAVE IN YOUR

18 CUSTODY OR CONTROL A FIREARM OR PURCHASE, POSSESS,

19 RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM

20 WHILE THIS ORDER IS IN EFFECT. YOU MUST IMMEDIATELY

21 SURRENDER TO THE (INSERT NAME OF LAW ENFORCEMENT

22 AGENCY IN THE JURISDICTION WHERE THE RESPONDENT

23 RESIDES) ALL FIREARMS IN YOUR CUSTODY, CONTROL, OR

24 POSSESSION, AND ANY CONCEALED CARRY PERMIT ISSUED

25 TO YOU. A HEARING WILL BE HELD ON THE DATE AND AT

26 THE TIME NOTED ABOVE TO DETERMINE IF AN EXTREME RISK

27 PROTECTION ORDER SHOULD BE ISSUED. FAILURE TO APPEAR

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1 AT THAT HEARING MAY RESULT IN A COURT ENTERING AN

2 ORDER AGAINST YOU THAT IS VALID FOR ONE HUNDRED

3 EIGHTY-TWO DAYS. YOU MAY SEEK THE ADVICE OF AN

4 ATTORNEY AS TO ANY MATTER CONNECTED WITH THIS

5 ORDER.

6 (7) A LAW ENFORCEMENT OFFICER SHALL SERVE A TEMPORARY

7 EXTREME RISK PROTECTION ORDER CONCURRENTLY WITH THE NOTICE OF

8 HEARING AND PETITION IN THE SAME MANNER AS PROVIDED FOR IN

9 SECTION 13-14.5-105 FOR SERVICE OF THE NOTICE OF HEARING WHERE THE

10 RESPONDENT RESIDES OR WHERE THE FIREARMS OF CONCERN ARE

11 LOCATED.

12 (8) (a) IF THE COURT ISSUES A TEMPORARY EXTREME RISK

13 PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS

14 FOR THE COURT'S ISSUANCE.

15 (b) IF THE COURT DECLINES TO ISSUE A TEMPORARY EXTREME RISK

16 PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS

17 FOR THE COURT'S DENIAL.

18 13-14.5-104. Petition for extreme risk protection order. (1) A

19 PETITION FOR AN EXTREME RISK PROTECTION ORDER MAY BE FILED BY A

20 FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT OR A LAW

21 ENFORCEMENT OFFICER OR AGENCY. IF THE PETITION IS FILED BY A LAW

22 ENFORCEMENT OFFICER OR AGENCY, THE OFFICER OR AGENCY SHALL BE

23 REPRESENTED IN ANY JUDICIAL PROCEEDING BY A COUNTY OR CITY

24 ATTORNEY UPON REQUEST. IF THE PETITION IS FILED BY A FAMILY OR

25 HOUSEHOLD MEMBER, THE PETITIONER, TO THE BEST OF HIS OR HER

26 ABILITY, SHALL NOTIFY THE LAW ENFORCEMENT AGENCY IN THE

27 JURISDICTION WHERE THE RESPONDENT RESIDES OR WHERE THE FIREARMS

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1 ARE LOCATED OF THE PETITION AND THE HEARING DATE WITH ENOUGH

2 ADVANCE NOTICE TO ALLOW FOR PARTICIPATION OR ATTENDANCE.

3 (2) A PETITION FOR AN EXTREME RISK PROTECTION ORDER MUST

4 BE FILED IN THE COUNTY WHERE THE RESPONDENT RESIDES OR WHERE THE

5 FIREARMS ARE LOCATED.

6 (3) A PETITION MUST:

7 (a) ALLEGE THAT THE RESPONDENT POSES A SIGNIFICANT RISK OF
8 CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN HIS OR HER

9 CUSTODY OR CONTROL A FIREARM OR BY PURCHASING, POSSESSING, OR

10 RECEIVING A FIREARM AND MUST BE ACCOMPANIED BY AN AFFIDAVIT ,

11 SIGNED UNDER OATH AND PENALTY OF PERJURY, STATING THE SPECIFIC

12 STATEMENTS, ACTIONS, OR FACTS THAT GIVE RISE TO A REASONABLE FEAR

13 OF FUTURE DANGEROUS ACTS BY THE RESPONDENT;

14 (b) IDENTIFY THE NUMBER, TYPES, AND LOCATIONS OF ANY

15 FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT

16 OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL;

17 (c) IDENTIFY WHETHER THERE IS A KNOWN EXISTING DOMESTIC

18 ABUSE PROTECTION ORDER GOVERNING THE RESPONDENT; AND

19 (d) IDENTIFY WHETHER THERE IS A PENDING LAWSUIT, COMPLAINT,

20 PETITION, OR OTHER ACTION BETWEEN THE PARTIES TO THE PETITION

21 PURSUANT TO COLORADO LAW OR FEDERAL LAW.

22 (4) THE COURT SHALL VERIFY THE TERMS OF ANY EXISTING ORDER
23 IDENTIFIED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION GOVERNING

24 THE PARTIES. THE COURT MAY NOT DELAY GRANTING RELIEF BECAUSE OF

25 THE EXISTENCE OF A PENDING ACTION BETWEEN THE PARTIES OR THE

26 NECESSITY OF VERIFYING THE TERMS OF AN EXISTING ORDER. A PETITION

27 FOR AN EXTREME RISK PROTECTION ORDER MAY BE GRANTED WHETHER OR

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1 NOT THERE IS A PENDING ACTION BETWEEN THE PARTIES.

2 (5) IF THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR

3 AGENCY, THE PETITIONER SHALL MAKE A GOOD FAITH EFFORT TO PROVIDE

4 NOTICE TO A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT AND

5 TO ANY KNOWN THIRD PARTY WHO MAY BE AT RISK OF VIOLENCE. THE

6 NOTICE MUST STATE THAT THE PETITIONER INTENDS TO FILE A PETITION

7 FOR AN EXTREME RISK PROTECTION ORDER OR HAS ALREADY DONE SO AND

8 MUST INCLUDE REFERRALS TO APPROPRIATE RESOURCES, INCLUDING

9 MENTAL HEALTH, DOMESTIC VIOLENCE, AND COUNSELING RESOURCES.

10 THE PETITIONER MUST ATTEST IN THE PETITION TO HAVING PROVIDED THE

11 NOTICE OR ATTEST TO THE STEPS THAT WILL BE TAKEN TO PROVIDE THE

12 NOTICE.

13 (6) IF THE PETITION STATES THAT DISCLOSURE OF THE PETITIONER'S

14 ADDRESS WOULD RISK HARM TO THE PETITIONER OR ANY MEMBER OF THE

15 PETITIONER'S FAMILY OR HOUSEHOLD, THE PETITIONER'S ADDRESS MAY BE

16 OMITTED FROM ALL DOCUMENTS FILED WITH THE COURT. IF THE

17 PETITIONER HAS NOT DISCLOSED AN ADDRESS PURSUANT TO THIS SECTION,

18 THE PETITIONER MUST DESIGNATE AN ALTERNATIVE ADDRESS AT WHICH

19 THE RESPONDENT MAY SERVE NOTICE OF ANY MOTIONS. IF THE PETITIONER

20 IS A LAW ENFORCEMENT OFFICER OR AGENCY, THE ADDRESS OF RECORD

21 MUST BE THAT OF THE LAW ENFORCEMENT AGENCY.

22 (7) A COURT OR PUBLIC AGENCY SHALL NOT CHARGE A FEE FOR

23 FILING OR SERVICE OF PROCESS TO A PETITIONER SEEKING RELIEF

24 PURSUANT TO THIS ARTICLE 14.5. A PETITIONER MUST BE PROVIDED THE

25 NECESSARY NUMBER OF CERTIFIED COPIES, FORMS, AND INSTRUCTIONAL

26 BROCHURES FREE OF CHARGE.

27 (8) A PERSON IS NOT REQUIRED TO POST A BOND TO OBTAIN RELIEF

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1 IN ANY PROCEEDING PURSUANT TO THIS SECTION.

2 (9) THE DISTRICT AND COUNTY COURTS OF THE STATE OF

3 COLORADO HAVE JURISDICTION OVER PROCEEDINGS PURSUANT TO THIS

4 ARTICLE 14.5.

5 13-14.5-105. Hearings on petition - grounds for order issuance.

6 (1) (a) UPON RECEIPT OF THE PETITION, THE COURT SHALL ORDER A

7 HEARING TO BE HELD AND ISSUE A NOTICE OF HEARING TO THE

8 RESPONDENT. THE COURT MUST PROVIDE THE NOTICE OF THE HEARING

9 NOT LATER THAN ONE COURT DAY AFTER THE DATE OF THE EXTREME RISK

10 PROTECTION ORDER PETITION. THE COURT MAY SCHEDULE A HEARING BY

11 TELEPHONE PURSUANT TO LOCAL COURT RULE TO REASONABLY

12 ACCOMMODATE A DISABILITY OR, IN EXCEPTIONAL CIRCUMSTANCES, TO

13 PROTECT A PETITIONER FROM POTENTIAL HARM. THE COURT SHALL

14 REQUIRE ASSURANCES OF THE PETITIONER 'S IDENTITY BEFORE

15 CONDUCTING A TELEPHONIC HEARING.

16 (b) ON OR BEFORE THE NEXT COURT DAY, THE COURT CLERK SHALL
17 FORWARD A COPY OF THE NOTICE OF HEARING AND PETITION TO THE LAW

18 ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT

19 RESIDES OR WHERE THE FIREARMS ARE LOCATED FOR SERVICE UPON THE

20 RESPONDENT.

21 (c) A COPY OF THE NOTICE OF HEARING AND PETITION MUST BE

22 SERVED UPON THE RESPONDENT IN ACCORDANCE WITH THE RULES FOR

23 SERVICE OF PROCESS AS PROVIDED IN RULE 4 OF THE COLORADO RULES OF

24 CIVIL PROCEDURE OR RULE 304 OF THE COLORADO RULES OF COUNTY

25 COURT CIVIL PROCEDURE. SERVICE ISSUED PURSUANT TO THIS SECTION

26 TAKES PRECEDENCE OVER THE SERVICE OF OTHER DOCUMENTS, UNLESS

27 THE OTHER DOCUMENTS ARE OF A SIMILAR EMERGENCY NATURE.

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1 (d) THE COURT MAY, AS PROVIDED IN SECTION 13-14.5-103, ISSUE
2 A TEMPORARY EXTREME RISK PROTECTION ORDER PENDING THE HEARING

3 ORDERED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. THE

4 TEMPORARY EXTREME RISK PROTECTION ORDER MUST BE SERVED

5 CONCURRENTLY WITH THE NOTICE OF HEARING AND PETITION.

6 (2) UPON HEARING THE MATTER, IF THE COURT FINDS BY CLEAR

7 AND CONVINCING EVIDENCE, BASED ON THE EVIDENCE PRESENTED

8 PURSUANT TO SUBSECTION (3) OF THIS SECTION, THAT THE RESPONDENT

9 POSES A SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR

10 OTHERS BY HAVING IN HIS OR HER CUSTODY OR CONTROL A FIREARM OR BY

11 PURCHASING , POSSESSING, OR RECEIVING A FIREARM, THE COURT SHALL

12 ISSUE AN EXTREME RISK PROTECTION ORDER FOR A PERIOD OF ONE

13 HUNDRED EIGHTY-TWO DAYS.

14 (3) IN DETERMINING WHETHER GROUNDS FOR AN EXTREME RISK

15 PROTECTION ORDER EXIST, THE COURT MAY CONSIDER ANY RELEVANT

16 EVIDENCE, INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING:

17 (a) A RECENT ACT OR CREDIBLE THREAT OF VIOLENCE BY THE

18 RESPONDENT AGAINST SELF OR OTHERS, WHETHER OR NOT SUCH VIOLENCE

19 OR CREDIBLE THREAT OF VIOLENCE INVOLVES A FIREARM;

20 (b) A PATTERN OF ACTS OR CREDIBLE THREATS OF VIOLENCE BY

21 THE RESPONDENT WITHIN THE PAST YEAR, INCLUDING BUT NOT LIMITED TO

22 ACTS OR CREDIBLE THREATS OF VIOLENCE BY THE RESPONDENT AGAINST

23 SELF OR OTHERS;

24 (c) ANY RELEVANT MENTAL HEALTH ISSUES OF THE RESPONDENT;

25 (d) A VIOLATION BY THE RESPONDENT OF A CIVIL PROTECTION

26 ORDER ISSUED PURSUANT TO ARTICLE 14 OF THIS TITLE 13;

27 (e) A PREVIOUS OR EXISTING EXTREME RISK PROTECTION ORDER

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1 ISSUED AGAINST THE RESPONDENT AND A VIOLATION OF A PREVIOUS OR

2 EXISTING EXTREME RISK PROTECTION ORDER;

3 (f) A CONVICTION OF THE RESPONDENT FOR A CRIME THAT

4 INCLUDED AN UNDERLYING FACTUAL BASIS OF DOMESTIC VIOLENCE AS

5 DEFINED IN SECTION 18-6-800.3 (1);

6 (g) THE RESPONDENT'S OWNERSHIP, ACCESS TO, OR INTENT TO

7 POSSESS A FIREARM;

8 (h) A CREDIBLE THREAT OF OR THE UNLAWFUL OR RECKLESS USE

9 OF A FIREARM BY THE RESPONDENT;

10 (i) THE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE OF

11 UNLAWFUL PHYSICAL FORCE BY THE RESPONDENT AGAINST ANOTHER

12 PERSON, OR THE RESPONDENT'S HISTORY OF STALKING ANOTHER PERSON

13 AS DESCRIBED IN SECTION 18-3-602;

14 (j) ANY PRIOR ARREST OF THE RESPONDENT FOR A CRIME LISTED

15 IN SECTION 24-4.1-302 (1) OR 18-9-202;

16 (k) CORROBORATED EVIDENCE OF THE ABUSE OF CONTROLLED

17 SUBSTANCES OR ALCOHOL BY THE RESPONDENT; AND

18 (l) EVIDENCE OF RECENT ACQUISITION OF A FIREARM OR

19 AMMUNITION BY THE RESPONDENT.

20 (4) THE COURT MAY:

21 (a) EXAMINE UNDER OATH THE PETITIONER, THE RESPONDENT, AND
22 ANY WITNESSES THEY MAY PRODUCE, OR, IN LIEU OF EXAMINATION,

23 CONSIDER SWORN AFFIDAVITS OF THE PETITIONER, THE RESPONDENT, AND

24 ANY WITNESSES THEY MAY PRODUCE; AND

25 (b) REQUEST THAT THE COLORADO BUREAU OF INVESTIGATION

26 CONDUCT A CRIMINAL HISTORY RECORD CHECK RELATED TO THE

27 RESPONDENT AND PROVIDE THE RESULTS TO THE COURT UNDER SEAL.

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1 (5) THE COURT SHALL ALLOW THE PETITIONER AND RESPONDENT
2 TO PRESENT EVIDENCE AND CROSS-EXAMINE WITNESSES AND BE

3 REPRESENTED BY AN ATTORNEY AT THE HEARING.

4 (6) IN A HEARING PURSUANT TO THIS ARTICLE 14.5, THE RULES OF

5 EVIDENCE APPLY TO THE SAME EXTENT AS IN A CIVIL PROTECTION ORDER

6 PROCEEDING PURSUANT TO ARTICLE 14 OF THIS TITLE 13.

7 (7) DURING THE HEARING, THE COURT SHALL CONSIDER ANY

8 AVAILABLE MENTAL HEALTH EVALUATION OR CHEMICAL DEPENDENCY

9 EVALUATION PROVIDED TO THE COURT.

10 (8) BEFORE ISSUING A CONTINUING EXTREME RISK PROTECTION

11 ORDER, THE COURT SHALL CONSIDER WHETHER THE RESPONDENT MEETS

12 THE STANDARD FOR A COURT-ORDERED EVALUATION FOR PERSONS WITH

13 MENTAL HEALTH DISORDERS PURSUANT TO SECTION 27-65-106. IF THE

14 COURT DETERMINES THAT THE RESPONDENT MEETS THE STANDARD, THEN,

15 IN ADDITION TO ISSUING AN EXTREME RISK PROTECTION ORDER, THE

16 COURT MAY ORDER MENTAL HEALTH TREATMENT AND EVALUATION

17 AUTHORIZED PURSUANT TO SECTION 27-65-106 (6).

18 (9) AN EXTREME RISK PROTECTION ORDER MUST INCLUDE:

19 (a) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF
20 THE ORDER;

21 (b) THE DATE AND TIME THE ORDER WAS ISSUED;

22 (c) THE DATE AND TIME THE ORDER EXPIRES;
23 (d) THE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE

24 PLEADING SHOULD BE FILED;

25 (e) THE REQUIREMENTS FOR RELINQUISHMENT OF A FIREARM

26 PURSUANT TO SECTION 13-14.5-109; AND

27 (f) THE FOLLOWING STATEMENT:

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1 TO THE SUBJECT OF THIS EXTREME RISK PROTECTION

2 ORDER: THIS ORDER WILL LAST UNTIL THE DATE AND TIME

3 NOTED ABOVE. IF YOU HAVE NOT DONE SO ALREADY, YOU

4 MUST IMMEDIATELY SURRENDER ANY FIREARMS IN YOUR

5 CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED

6 CARRY PERMIT ISSUED TO YOU. YOU MAY NOT HAVE IN

7 YOUR CUSTODY OR CONTROL A FIREARM OR PURCHASE,

8 POSSESS, RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE

9 A FIREARM WHILE THIS ORDER IS IN EFFECT. YOU HAVE THE

10 RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS

11 ORDER DURING THE PERIOD THAT THIS ORDER IS IN EFFECT,

12 STARTING FROM THE DATE OF THIS ORDER AND CONTINUING

13 THROUGH ANY RENEWALS. YOU MAY SEEK THE ADVICE OF

14 AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THIS

15 ORDER.

16 (10) WHEN THE COURT ISSUES AN EXTREME RISK PROTECTION

17 ORDER, THE COURT SHALL INFORM THE RESPONDENT THAT HE OR SHE IS

18 ENTITLED TO REQUEST TERMINATION OF THE ORDER IN THE MANNER

19 PRESCRIBED BY SECTION 13-14.5-108. THE COURT SHALL PROVIDE THE

20 RESPONDENT WITH A FORM TO REQUEST A TERMINATION HEARING.

21 (11) (a) IF THE COURT ISSUES AN EXTREME RISK PROTECTION

22 ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE

23 COURT'S ISSUANCE.

24 (b) IF THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK

25 PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS

26 FOR THE COURT'S DENIAL.

27 13-14.5-106. Service of protection orders. (1) AN EXTREME

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1 RISK PROTECTION ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 MUST

2 BE SERVED PERSONALLY UPON THE RESPONDENT, EXCEPT AS OTHERWISE

3 PROVIDED IN THIS ARTICLE 14.5.

4 (2) THE LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE

5 THE RESPONDENT RESIDES OR WHERE THE FIREARMS ARE LOCATED SHALL

6 SERVE THE RESPONDENT PERSONALLY .

7 (3) THE COURT CLERK SHALL FORWARD A COPY OF THE EXTREME

8 RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 ON OR

9 BEFORE THE NEXT COURT DAY TO THE LAW ENFORCEMENT AGENCY

10 SPECIFIED IN THE ORDER FOR SERVICE. SERVICE OF AN ORDER ISSUED

11 PURSUANT TO THIS ARTICLE 14.5 TAKES PRECEDENCE OVER THE SERVICE

12 OF OTHER DOCUMENTS, UNLESS THE OTHER DOCUMENTS ARE OF A SIMILAR

13 EMERGENCY NATURE.

14 (4) IF THE LAW ENFORCEMENT AGENCY CANNOT COMPLETE

15 SERVICE UPON THE RESPONDENT WITHIN FIVE DAYS, THE LAW

16 ENFORCEMENT AGENCY SHALL NOTIFY THE PETITIONER. THE PETITIONER

17 SHALL THEN PROVIDE ANY ADDITIONAL INFORMATION REGARDING THE

18 RESPONDENT'S WHEREABOUTS TO THE LAW ENFORCEMENT AGENCY TO

19 EFFECT SERVICE. THE LAW ENFORCEMENT AGENCY MAY REQUEST

20 ADDITIONAL TIME TO ALLOW FOR THE PROPER AND SAFE PLANNING AND

21 EXECUTION OF THE COURT ORDER.

22 (5) IF AN EXTREME RISK PROTECTION ORDER ENTERED BY THE

23 COURT STATES THAT THE RESPONDENT APPEARED IN PERSON BEFORE THE

24 COURT, THE NECESSITY FOR FURTHER SERVICE IS WAIVED, AND PROOF OF

25 SERVICE OF THAT ORDER IS NOT NECESSARY.

26 (6) IF THE COURT PREVIOUSLY ENTERED AN ORDER ALLOWING

27 SERVICE OF THE NOTICE OF HEARING AND PETITION, OR A TEMPORARY

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1 EXTREME RISK PROTECTION ORDER, BY PUBLICATION PURSUANT TO

2 SECTION 13-14.5-107, OR, IF THE COURT FINDS THERE ARE NOW GROUNDS

3 TO ALLOW SUCH ALTERNATE SERVICE, THE COURT MAY PERMIT SERVICE

4 BY PUBLICATION OF THE EXTREME RISK PROTECTION ORDER ISSUED

5 PURSUANT TO THIS ARTICLE 14.5 AS PROVIDED IN SECTION 13-14.5-107.

6 THE COURT ORDER MUST STATE WHETHER THE COURT PERMITTED SERVICE
7 BY PUBLICATION.

8 (7) RETURNS OF SERVICE PURSUANT TO THIS ARTICLE 14.5 MUST

9 BE MADE IN ACCORDANCE WITH THE APPLICABLE COURT RULES.

10 13-14.5-107. Service of process by publication. (1) THE COURT

11 MAY ORDER SERVICE BY PUBLICATION PURSUANT TO THE CIRCUMSTANCES

12 PERMITTED FOR THE SERVICE BY COLORADO LAW. THE SUMMONS MUST BE

13 ESSENTIALLY IN THE FOLLOWING FORM:

14 IN THE (DISTRICT/COUNTY) COURT OF THE STATE OF

15 COLORADO FOR THE COUNTY OF . . . . . . . . .

16 . . . . . . . . . . . . . . ., PETITIONER
17 VS.

18 . . . . . . . . . . . . . . ., RESPONDENT
19 THE STATE OF COLORADO TO . . . . . . . . . (RESPONDENT):
20 YOU ARE HEREBY SUMMONED TO APPEAR ON THE . . . . DAY
21 OF . . . . . ., (YEAR). . . ., AT . . . . A.M./P.M., AND RESPOND TO

22 THE PETITION. IF YOU FAIL TO RESPOND, AN EXTREME RISK

23 PROTECTION ORDER MAY BE ISSUED AGAINST YOU

24 PURSUANT TO THE PROVISIONS OF ARTICLE 14.5 OF TITLE 13,

25 COLORADO REVISED STATUTES, FOR ONE HUNDRED

26 EIGHTY-TWO DAYS FROM THE DATE YOU ARE REQUIRED TO

27 APPEAR. (A TEMPORARY EXTREME RISK PROTECTION ORDER

-16- HB18-1436
1 HAS BEEN ISSUED AGAINST YOU, RESTRAINING YOU FROM

2 HAVING IN YOUR CUSTODY OR CONTROL ANY FIREARMS OR

3 FROM PURCHASING, POSSESSING, OR RECEIVING OR

4 ATTEMPTING TO PURCHASE OR RECEIVE ANY FIREARMS.

5 YOU MUST SURRENDER TO THE (INSERT NAME OF LAW

6 ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE

7 RESPONDENT RESIDES OR WHERE THE FIREARMS ARE

8 LOCATED) ALL FIREARMS IN YOUR CUSTODY, CONTROL, OR

9 POSSESSION AND ANY CONCEALED CARRY PERMIT ISSUED,

10 WITHIN TWENTY-FOUR HOURS. A COPY OF THE NOTICE OF

11 HEARING, PETITION, AND TEMPORARY EXTREME RISK

12 PROTECTION ORDER HAS BEEN FILED WITH THE CLERK OF

13 THIS COURT .) A COPY OF THE NOTICE OF HEARING AND

14 PETITION HAS BEEN FILED WITH THE CLERK OF THIS COURT.

15 ..............
16 PETITIONER
17 (2) IF THE COURT ORDERS SERVICE BY PUBLICATION FOR NOTICE OF
18 AN EXTREME RISK PROTECTION ORDER HEARING, IT SHALL ALSO REISSUE

19 THE TEMPORARY EXTREME RISK PROTECTION ORDER PURSUANT TO

20 SECTION 13-14.5-103, IF ISSUED, TO EXPIRE ON THE DATE OF THE EXTREME

21 RISK PROTECTION ORDER HEARING.

22 (3) FOLLOWING COMPLETION OF SERVICE BY PUBLICATION FOR

23 NOTICE OF AN EXTREME RISK PROTECTION ORDER HEARING, IF THE

24 RESPONDENT FAILS TO APPEAR AT THE HEARING, THE COURT MAY ISSUE AN

25 EXTREME RISK PROTECTION ORDER AS PROVIDED IN SECTION 13-14.5-105.

26 13-14.5-108. Termination or renewal of protection orders.

27 (1) Termination. THE RESPONDENT MAY SUBMIT ONE WRITTEN REQUEST

-17- HB18-1436
1 FOR A HEARING TO TERMINATE AN EXTREME RISK PROTECTION ORDER

2 ISSUED PURSUANT TO THIS ARTICLE 14.5 FOR THE PERIOD THAT THE ORDER

3 IS IN EFFECT. UPON RECEIPT OF THE REQUEST FOR A HEARING TO

4 TERMINATE AN EXTREME RISK PROTECTION ORDER, THE COURT SHALL SET

5 A DATE FOR A HEARING. NOTICE OF THE REQUEST MUST BE SERVED ON THE

6 PETITIONER. NOTICE OF THE REQUEST MUST BE SERVED ON THE

7 PETITIONER IN ACCORDANCE WITH THE COLORADO RULES OF CIVIL

8 PROCEDURE OR COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE.

9 THE HEARING SHALL OCCUR NO SOONER THAN FOURTEEN DAYS AND NO

10 LATER THAN TWENTY-EIGHT DAYS AFTER THE DATE OF SERVICE OF THE

11 REQUEST UPON THE PETITIONER. THE COURT SHALL TERMINATE THE

12 EXTREME RISK PROTECTION ORDER IF THE PETITIONER DOES NOT

13 ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT THE RESPONDENT

14 CONTINUES TO POSE A SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO

15 SELF OR OTHERS BY HAVING IN HIS OR HER CUSTODY OR CONTROL A

16 FIREARM OR BY PURCHASING, POSSESSING, OR RECEIVING A FIREARM. THE

17 COURT MAY CONSIDER ANY RELEVANT EVIDENCE, INCLUDING EVIDENCE

18 OF THE CONSIDERATIONS LISTED IN SECTION 13-14.5-105 (3).

19 (2) Renewal. (a) THE COURT SHALL NOTIFY THE PETITIONER OF

20 THE IMPENDING EXPIRATION OF AN EXTREME RISK PROTECTION ORDER

21 SIXTY-THREE CALENDAR DAYS BEFORE THE DATE THAT THE ORDER

22 EXPIRES.

23 (b) A PETITIONER, A FAMILY OR HOUSEHOLD MEMBER OF A

24 RESPONDENT, OR A LAW ENFORCEMENT OFFICER OR AGENCY MAY, BY

25 MOTION, REQUEST A RENEWAL OF AN EXTREME RISK PROTECTION ORDER

26 AT ANY TIME WITHIN SIXTY-THREE CALENDAR DAYS BEFORE THE

27 EXPIRATION OF THE ORDER.

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1 (c) UPON RECEIPT OF THE MOTION TO RENEW, THE COURT SHALL
2 ORDER THAT A HEARING BE HELD NOT LATER THAN FOURTEEN DAYS AFTER

3 THE FILING OF THE MOTION TO RENEW. THE COURT MAY SCHEDULE A

4 HEARING BY TELEPHONE IN THE MANNER PRESCRIBED BY SECTION

5 13-14.5-105 (1)(a). THE RESPONDENT MUST BE PERSONALLY SERVED IN

6 THE SAME MANNER PRESCRIBED BY SECTION 13-14.5-105 (1)(b) AND

7 (1)(c).
8 (d) IN DETERMINING WHETHER TO RENEW AN EXTREME RISK

9 PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION, THE COURT SHALL

10 CONSIDER ALL RELEVANT EVIDENCE AND FOLLOW THE SAME PROCEDURE

11 AS PROVIDED IN SECTION 13-14.5-105.

12 (e) IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE

13 THAT, BASED ON THE EVIDENCE PRESENTED PURSUANT TO SECTION

14 13-14.5-105 (3), THE RESPONDENT CONTINUES TO POSE A SIGNIFICANT

15 RISK OF CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN HIS

16 OR HER CUSTODY OR CONTROL A FIREARM OR BY PURCHASING,

17 POSSESSING, OR RECEIVING A FIREARM, THE COURT SHALL RENEW THE

18 ORDER FOR A PERIOD OF TIME THE COURT DEEMS APPROPRIATE, NOT TO

19 EXCEED ONE YEAR. IN THE ORDER, THE COURT SHALL SET A RETURN DATE

20 TO REVIEW THE ORDER NO LATER THAN THIRTY-FIVE DAYS PRIOR TO THE

21 EXPIRATION OF THE ORDER. HOWEVER, IF, AFTER NOTICE, THE MOTION FOR

22 RENEWAL IS UNCONTESTED AND THE PETITIONER SEEKS NO MODIFICATION

23 OF THE ORDER, THE ORDER MAY BE RENEWED ON THE BASIS OF THE

24 PETITIONER'S MOTION OR AFFIDAVIT , SIGNED UNDER OATH AND PENALTY

25 OF PERJURY, STATING THAT THERE HAS BEEN NO MATERIAL CHANGE IN

26 RELEVANT CIRCUMSTANCES SINCE THE ENTRY OF THE ORDER AND STATING

27 THE REASON FOR THE REQUESTED RENEWAL.

-19- HB18-1436
1 13-14.5-109. Surrender of a firearm. (1) (a) UPON ISSUANCE OF
2 AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5,
3 INCLUDING A TEMPORARY EXTREME RISK PROTECTION ORDER, THE COURT

4 SHALL ORDER THE RESPONDENT TO SURRENDER ALL FIREARMS BY EITHER:

5 (I) SELLING OR TRANSFERRING POSSESSION OF THE FIREARM TO A

6 FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18 U.S.C. SEC.
7 923, AS AMENDED ; EXCEPT THAT THIS PROVISION SHALL NOT BE

8 INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS DEALER

9 TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM; OR

10 (II) ARRANGING FOR THE STORAGE OF THE FIREARM BY A LAW

11 ENFORCEMENT AGENCY. IF THE RESPONDENT DOES NOT CHOOSE THE

12 OPTION IN SUBSECTION (1)(a)(I) OF THIS SECTION, A LOCAL LAW

13 ENFORCEMENT AGENCY SHALL STORE THE FIREARM.

14 (b) THE COURT SHALL ORDER THE RESPONDENT TO SURRENDER

15 ANY CONCEALED CARRY PERMIT TO THE LAW ENFORCEMENT OFFICER

16 SERVING THE EXTREME RISK PROTECTION ORDER.

17 (2) (a) THE LAW ENFORCEMENT AGENCY SERVING ANY EXTREME

18 RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE 14.5, INCLUDING A

19 TEMPORARY EXTREME RISK PROTECTION ORDER, IN WHICH THE PETITIONER

20 WAS NOT A LAW ENFORCEMENT AGENCY OR OFFICER, SHALL REQUEST

21 THAT THE RESPONDENT IMMEDIATELY SURRENDER ALL FIREARMS IN HIS

22 OR HER CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED CARRY

23 PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH

24 PERMITTED BY LAW FOR SUCH FIREARMS OR PERMIT . AFTER THE LAW

25 ENFORCEMENT AGENCY OR OFFICER HAS CUSTODY OF THE FIREARMS, THE

26 RESPONDENT MAY INFORM THE LAW ENFORCEMENT OFFICER OF HIS OR HER

27 PREFERENCE FOR SALE , TRANSFER , OR STORAGE OF THE FIREARMS AS

-20- HB18-1436
1 SPECIFIED IN SUBSECTION (1) OF THIS SECTION. IF THE RESPONDENT ELECTS

2 TO SELL OR TRANSFER THE FIREARMS TO A FEDERALLY LICENSED FIREARMS

3 DEALER DESCRIBED IN 18 U.S.C. SEC. 923, AS AMENDED, THE LAW

4 ENFORCEMENT OFFICER OR AGENCY SHALL MAINTAIN CUSTODY OF THE

5 FIREARMS UNTIL THEY ARE SOLD OR TRANSFERRED PURSUANT TO

6 SUBSECTION (1)(a)(II) OF THIS SECTION. THE LAW ENFORCEMENT OFFICER

7 SHALL TAKE POSSESSION OF ALL FIREARMS AND ANY SUCH PERMIT

8 BELONGING TO THE RESPONDENT THAT ARE SURRENDERED, IN PLAIN

9 SIGHT , OR DISCOVERED PURSUANT TO A LAWFUL SEARCH .

10 ALTERNATIVELY, IF PERSONAL SERVICE BY THE LAW ENFORCEMENT

11 AGENCY IS NOT POSSIBLE, OR NOT REQUIRED BECAUSE THE RESPONDENT

12 WAS PRESENT AT THE EXTREME RISK PROTECTION ORDER HEARING, THE

13 RESPONDENT SHALL SURRENDER THE FIREARMS AND ANY CONCEALED

14 CARRY PERMIT WITHIN TWENTY-FOUR HOURS AFTER BEING SERVED WITH

15 THE ORDER BY ALTERNATE SERVICE OR WITHIN TWENTY-FOUR HOURS

16 AFTER THE HEARING AT WHICH THE RESPONDENT WAS PRESENT.

17 (b) IF THE PETITIONER FOR AN EXTREME RISK PROTECTION ORDER

18 IS A LAW ENFORCEMENT AGENCY OR OFFICER, THE LAW ENFORCEMENT

19 OFFICER SERVING THE EXTREME RISK PROTECTION ORDER SHALL TAKE

20 CUSTODY OF THE RESPONDENT'S FIREARMS PURSUANT TO THE SEARCH

21 WARRANT FOR FIREARMS POSSESSED BY A DANGEROUS PERSON IF A

22 WARRANT WAS OBTAINED. IF THE LAW ENFORCEMENT AGENCY DID OBTAIN

23 A SEARCH WARRANT FOR FIREARMS POSSESSED BY A DANGEROUS PERSON,

24 THE LAW ENFORCEMENT OFFICER SHALL REQUEST THAT THE RESPONDENT

25 IMMEDIATELY SURRENDER ALL FIREARMS IN HIS OR HER CUSTODY,

26 CONTROL, OR POSSESSION AND ANY CONCEALED CARRY PERMIT ISSUED TO

27 THE RESPONDENT AND CONDUCT ANY SEARCH PERMITTED BY LAW FOR

-21- HB18-1436
1 SUCH FIREARMS OR PERMIT . AFTER THE LAW ENFORCEMENT AGENCY OR

2 OFFICER HAS CUSTODY OF THE FIREARMS, THE RESPONDENT MAY INFORM

3 THE LAW ENFORCEMENT OFFICER OF HIS OR HER PREFERENCE FOR SALE ,

4 TRANSFER, OR STORAGE OF THE FIREARMS AS SPECIFIED IN SECTION

5 13-14-105.5 (2)(c). THE LAW ENFORCEMENT OFFICER SHALL REQUEST

6 THAT THE RESPONDENT IMMEDIATELY SURRENDER ANY CONCEALED

7 CARRY PERMIT ISSUED TO THE RESPONDENT AND CONDUCT ANY SEARCH

8 PERMITTED BY LAW FOR THE PERMIT .

9 (3) AT THE TIME OF SURRENDER OR TAKING CUSTODY PURSUANT

10 TO SECTION 16-3-301.5, A LAW ENFORCEMENT OFFICER TAKING

11 POSSESSION OF A FIREARM OR A CONCEALED CARRY PERMIT SHALL ISSUE

12 A RECEIPT IDENTIFYING ALL FIREARMS AND ANY PERMIT THAT HAVE BEEN

13 SURRENDERED OR TAKEN CUSTODY OF AND PROVIDE A COPY OF THE

14 RECEIPT TO THE RESPONDENT. WITHIN SEVENTY-TWO HOURS AFTER

15 SERVICE OF THE ORDER, THE OFFICER SERVING THE ORDER SHALL FILE THE

16 ORIGINAL RECEIPT WITH THE COURT AND SHALL ENSURE THAT HIS OR HER

17 LAW ENFORCEMENT AGENCY RETAINS A COPY OF THE RECEIPT, OR, IF THE

18 OFFICER DID NOT TAKE CUSTODY OF ANY FIREARMS, SHALL FILE A

19 STATEMENT TO THAT EFFECT WITH THE COURT.

20 (4) UPON THE SWORN STATEMENT OR TESTIMONY OF THE

21 PETITIONER OR OF ANY LAW ENFORCEMENT OFFICER ALLEGING THAT

22 THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT HAS FAILED TO

23 COMPLY WITH THE SURRENDER OF FIREARMS AS REQUIRED BY AN ORDER

24 ISSUED PURSUANT TO THIS ARTICLE 14.5, THE COURT SHALL DETERMINE

25 WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE RESPONDENT

26 HAS FAILED TO SURRENDER ALL FIREARMS IN HIS OR HER CUSTODY,

27 CONTROL, OR POSSESSION. IF PROBABLE CAUSE EXISTS, THE COURT SHALL

-22- HB18-1436
1 ISSUE A SEARCH WARRANT THAT STATES WITH PARTICULARITY THE PLACES

2 TO BE SEARCHED AND THE ITEMS TO BE TAKEN CUSTODY OF.

3 (5) IF A PERSON OTHER THAN THE RESPONDENT CLAIMS TITLE TO

4 ANY FIREARMS SURRENDERED OR TAKEN CUSTODY OF PURSUANT TO

5 SECTION 16-3-301.5 PURSUANT TO THIS SECTION AND HE OR SHE IS

6 DETERMINED BY THE LAW ENFORCEMENT AGENCY TO BE THE LAWFUL

7 OWNER OF THE FIREARM, THE FIREARM SHALL BE RETURNED TO HIM OR

8 HER IF:

9 (a) THE FIREARM IS REMOVED FROM THE RESPONDENT'S CUSTODY,

10 CONTROL, OR POSSESSION, AND THE LAWFUL OWNER AGREES TO STORE

11 THE FIREARM SO THAT THE RESPONDENT DOES NOT HAVE ACCESS TO OR

12 CONTROL OF THE FIREARM; AND

13 (b) THE FIREARM IS NOT OTHERWISE UNLAWFULLY POSSESSED BY

14 THE LAWFUL OWNER.

15 (6) UPON THE ISSUANCE OF A ONE-HUNDRED-EIGHTY-TWO-DAY

16 EXTREME RISK PROTECTION ORDER , THE COURT SHALL ORDER A NEW

17 HEARING DATE AND REQUIRE THE RESPONDENT TO APPEAR NOT LATER

18 THAN THREE COURT DAYS AFTER THE ISSUANCE OF THE ORDER. THE
19 COURT SHALL REQUIRE A SHOWING THAT THE PERSON SUBJECT TO THE

20 ORDER HAS SURRENDERED ANY FIREARMS IN HIS OR HER CUSTODY ,

21 CONTROL, OR POSSESSION WITHOUT VIOLATING THE RESPONDENT'S RIGHT

22 AGAINST SELF-INCRIMINATION. THE COURT MAY DISMISS THE HEARING

23 UPON A SATISFACTORY SHOWING THAT THE RESPONDENT IS IN

24 COMPLIANCE WITH THE ORDER.

25 (7) THE PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL

26 DEVELOP MODEL POLICIES AND PROCEDURES BY DECEMBER 1, 2018,
27 REGARDING THE ACCEPTANCE, STORAGE , AND RETURN OF FIREARMS

-23- HB18-1436
 1 REQUIRED TO BE SURRENDERED PURSUANT TO THIS ARTICLE 14.5 OR

2 TAKEN CUSTODY OF PURSUANT TO SECTION 16-3-301.5 AND SHALL

3 PROVIDE THOSE MODEL POLICIES AND PROCEDURES TO ALL LAW

4 ENFORCEMENT AGENCIES. EACH LAW ENFORCEMENT AGENCY SHALL

5 ADOPT THE MODEL POLICIES AND PROCEDURES OR ADOPT THEIR OWN

6 POLICIES AND PROCEDURES BY JANUARY 1, 2019.

7 13-14.5-110. Firearms - return - disposal. (1) IF AN EXTREME

8 RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION

9 ORDER IS TERMINATED OR EXPIRES WITHOUT RENEWAL, A LAW

10 ENFORCEMENT AGENCY HOLDING ANY FIREARM THAT HAS BEEN

11 SURRENDERED PURSUANT TO SECTION 13-14.5-109 OR TAKEN CUSTODY OF

12 PURSUANT TO SECTION 16-3-301.5, OR A FEDERALLY LICENSED FIREARMS

13 DEALER DESCRIBED IN 18 U.S.C. SEC. 923, AS AMENDED, WITH CUSTODY

14 OF A FIREARM, MUST RETURN THE FIREARM REQUESTED BY A RESPONDENT

15 ONLY AFTER CONFIRMING, THROUGH A CRIMINAL HISTORY RECORD CHECK

16 PERFORMED PURSUANT TO SECTION 24-33.5-424, THAT THE RESPONDENT

17 IS CURRENTLY ELIGIBLE TO OWN OR POSSESS A FIREARM UNDER FEDERAL

18 AND STATE LAW AND AFTER CONFIRMING WITH THE COURT THAT THE

19 EXTREME RISK PROTECTION ORDER HAS TERMINATED OR HAS EXPIRED

20 WITHOUT RENEWAL.

21 (2) ANY FIREARM SURRENDERED BY A RESPONDENT PURSUANT TO

22 SECTION 13-14.5-109 OR TAKEN CUSTODY OF PURSUANT TO SECTION

23 16-3-301.5 THAT REMAINS UNCLAIMED BY THE LAWFUL OWNER FOR AT

24 LEAST ONE YEAR FROM THE DATE THE TEMPORARY EXTREME RISK

25 PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER EXPIRED,

26 WHICHEVER IS LATER, SHALL BE DISPOSED OF IN ACCORDANCE WITH THE

27 LAW ENFORCEMENT AGENCY'S POLICIES AND PROCEDURES FOR THE

-24- HB18-1436
1 DISPOSAL OF FIREARMS IN POLICE CUSTODY.

2 13-14.5-111. Reporting of extreme risk protection orders.

3 (1) THE COURT CLERK SHALL ENTER ANY EXTREME RISK PROTECTION

4 ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER ISSUED

5 PURSUANT TO THIS ARTICLE 14.5 INTO A STATEWIDE JUDICIAL

6 INFORMATION SYSTEM ON THE SAME DAY THE ORDER IS ISSUED.

7 (2) THE COURT CLERK SHALL FORWARD A COPY OF AN EXTREME

8 RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION

9 ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 THE SAME DAY THE ORDER

10 IS ISSUED TO THE COLORADO BUREAU OF INVESTIGATION AND THE LAW

11 ENFORCEMENT AGENCY SPECIFIED IN THE ORDER. UPON RECEIPT OF THE

12 COPY OF THE ORDER, THE COLORADO BUREAU OF INVESTIGATION SHALL

13 ENTER THE ORDER INTO THE NATIONAL INSTANT CRIMINAL BACKGROUND

14 CHECK SYSTEM, ANY OTHER FEDERAL OR STATE COMPUTER-BASED

15 SYSTEMS USED BY LAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY

16 PROHIBITED PURCHASERS OF FIREARMS, AND ANY COMPUTER-BASED

17 CRIMINAL INTELLIGENCE INFORMATION SYSTEM AVAILABLE IN THIS STATE

18 USED BY LAW ENFORCEMENT AGENCIES TO LIST OUTSTANDING WARRANTS.

19 THE ORDER MUST REMAIN IN EACH SYSTEM FOR THE PERIOD STATED IN THE
20 ORDER, AND THE LAW ENFORCEMENT AGENCY SHALL ONLY EXPUNGE

21 ORDERS FROM THE SYSTEMS THAT HAVE EXPIRED OR TERMINATED. ENTRY

22 INTO THE COMPUTER-BASED CRIMINAL INTELLIGENCE INFORMATION

23 SYSTEM IS NOTICE TO ALL LAW ENFORCEMENT AGENCIES OF THE

24 EXISTENCE OF THE ORDER. THE ORDER IS FULLY ENFORCEABLE IN ANY

25 COUNTY IN THE STATE.

26 (3) THE ISSUING COURT SHALL, WITHIN THREE COURT DAYS AFTER
27 ISSUANCE OF AN EXTREME RISK PROTECTION ORDER OR A TEMPORARY

-25- HB18-1436
1 EXTREME RISK PROTECTION ORDER, FORWARD ALL IDENTIFYING

2 INFORMATION THE COURT HAS REGARDING THE RESPONDENT, ALONG WITH

3 THE DATE THE ORDER IS ISSUED, TO THE COUNTY SHERIFF IN THE

4 JURISDICTION WHERE THE RESPONDENT RESIDES. UPON RECEIPT OF THE

5 INFORMATION, THE COUNTY SHERIFF SHALL DETERMINE IF THE

6 RESPONDENT HAS A CONCEALED CARRY PERMIT . IF THE RESPONDENT DOES

7 HAVE A CONCEALED CARRY PERMIT, THE ISSUING COUNTY SHERIFF SHALL

8 IMMEDIATELY REVOKE THE PERMIT . THE RESPONDENT MAY REAPPLY FOR

9 A CONCEALED CARRY PERMIT AFTER THE TEMPORARY EXTREME RISK

10 PROTECTION ORDER AND EXTREME RISK PROTECTION ORDER, IF ORDERED,

11 ARE NO LONGER IN EFFECT.

12 (4) IF AN EXTREME RISK PROTECTION ORDER IS TERMINATED

13 BEFORE ITS EXPIRATION DATE, THE COURT CLERK SHALL FORWARD, ON THE

14 SAME DAY AS THE TERMINATION ORDER, A COPY OF THE TERMINATION

15 ORDER TO THE COLORADO BUREAU OF INVESTIGATION AND THE

16 APPROPRIATE LAW ENFORCEMENT AGENCY SPECIFIED IN THE TERMINATION

17 ORDER . UPON RECEIPT OF THE ORDER, THE COLORADO BUREAU OF

18 INVESTIGATION AND THE LAW ENFORCEMENT AGENCY SHALL PROMPTLY

19 REMOVE THE ORDER FROM ANY COMPUTER-BASED SYSTEM IN WHICH IT

20 WAS ENTERED PURSUANT TO SUBSECTION (2) OF THIS SECTION.

21 13-14.5-112. Penalties. ANY PERSON WHO HAS IN HIS OR HER

22 CUSTODY OR CONTROL A FIREARM OR PURCHASES, POSSESSES, OR

23 RECEIVES A FIREARM WITH KNOWLEDGE THAT HE OR SHE IS PROHIBITED

24 FROM DOING SO BY AN EXTREME RISK PROTECTION ORDER OR TEMPORARY

25 EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE

26 14.5 IS GUILTY OF A CLASS 2 MISDEMEANOR. HOWEVER, SUCH PERSON IS

27 GUILTY OF A CLASS 6 FELONY IF THE PERSON HAS TWO OR MORE PREVIOUS

-26- HB18-1436
1 CONVICTIONS FOR VIOLATING AN ORDER ISSUED PURSUANT TO THIS

2 ARTICLE 14.5.

3 13-14.5-113. Other authority retained. THIS ARTICLE 14.5 DOES

4 NOT AFFECT THE ABILITY OF A LAW ENFORCEMENT OFFICER TO REMOVE A

5 FIREARM OR CONCEALED CARRY PERMIT FROM A PERSON OR CONDUCT A

6 SEARCH AND SEIZURE FOR ANY FIREARM PURSUANT TO OTHER LAWFUL

7 AUTHORITY.

8 13-14.5-114. Liability. EXCEPT AS PROVIDED IN SECTION

9 13-14.5-112, THIS ARTICLE 14.5 DOES NOT IMPOSE CRIMINAL OR CIVIL

10 LIABILITY ON ANY PERSON OR ENTITY FOR ACTS OR OMISSIONS MADE IN

11 GOOD FAITH RELATED TO OBTAINING AN EXTREME RISK PROTECTION

12 ORDER OR A TEMPORARY EXTREME RISK PROTECTION ORDER, INCLUDING

13 BUT NOT LIMITED TO REPORTING, DECLINING TO REPORT, INVESTIGATING,

14 DECLINING TO INVESTIGATE, FILING, OR DECLINING TO FILE A PETITION

15 PURSUANT TO THIS ARTICLE 14.5.

16 13-14.5-115. Instructional and informational material -

17 definition. (1) (a) THE STATE COURT ADMINISTRATOR SHALL DEVELOP
18 STANDARD PETITIONS AND EXTREME RISK PROTECTION ORDER FORMS AND

19 TEMPORARY EXTREME RISK PROTECTION ORDER FORMS IN MORE THAN ONE

20 LANGUAGE CONSISTENT WITH STATE JUDICIAL DEPARTMENT PRACTICES.

21 THE STANDARD PETITION AND ORDER FORMS MUST BE USED AFTER

22 JANUARY 1, 2019, FOR ALL PETITIONS FILED AND ORDERS ISSUED

23 PURSUANT TO THIS ARTICLE 14.5. THE STATE COURT ADMINISTRATOR MAY

24 CONSULT WITH INTERESTED PARTIES IN DEVELOPING THE PETITIONS AND

25 FORMS . THE MATERIALS MUST BE AVAILABLE ONLINE CONSISTENT WITH

26 STATE JUDICIAL DEPARTMENT PRACTICES.

27 (b) THE EXTREME RISK PROTECTION ORDER FORM MUST INCLUDE,

-27- HB18-1436
1 IN A CONSPICUOUS LOCATION, NOTICE OF CRIMINAL PENALTIES RESULTING

2 FROM VIOLATION OF THE ORDER AND THE FOLLOWING STATEMENT:

3 YOU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN

4 FROM VIOLATING THIS EXTREME RISK PROTECTION ORDER'S

5 PROVISIONS. ONLY THE COURT CAN CHANGE THE ORDER

6 AND ONLY UPON WRITTEN MOTION.

7 (2) A COURT CLERK FOR EACH JUDICIAL DISTRICT SHALL CREATE

8 A COMMUNITY RESOURCE LIST OF CRISIS INTERVENTION, MENTAL HEALTH,

9 SUBSTANCE ABUSE, INTERPRETER , COUNSELING, AND OTHER RELEVANT

10 RESOURCES SERVING THE COUNTY IN WHICH THE COURT IS LOCATED. THE

11 COURT SHALL MAKE THE COMMUNITY RESOURCE LIST AVAILABLE AS PART

12 OF OR IN ADDITION TO THE INFORMATIONAL BROCHURES DESCRIBED IN

13 SUBSECTION (1) OF THIS SECTION.

14 (3) THE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE A

15 MASTER COPY OF THE STANDARD PETITION AND EXTREME RISK

16 PROTECTION ORDER FORMS TO ALL COURT CLERKS AND ALL DISTRICT AND

17 COUNTY COURTS.

18 SECTION 2. In Colorado Revised Statutes, 13-3-101, add (10)

19 as follows:
20 13-3-101. State court administrator. (10) THE STATE COURT
21 ADMINISTRATOR OR HIS OR HER DESIGNEE SHALL PRESENT AT THE

22 JUDICIAL DEPARTMENT'S HEARING PURSUANT TO SECTION 2-7-203

23 STATISTICS RELATED TO EXTREME RISK PROTECTION ORDERS IN ARTICLE

24 14.5 OF THIS TITLE 13. THE STATISTICS MUST INCLUDE THE NUMBER OF
25 PETITIONS FILED FOR TEMPORARY EXTREME RISK PROTECTION ORDERS ,

26 THE NUMBER OF PETITIONS FILED FOR EXTREME RISK PROTECTION ORDERS,

27 THE NUMBER OF TEMPORARY EXTREME RISK PROTECTION ORDERS ISSUED

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1 AND DENIED, THE NUMBER OF EXTREME RISK PROTECTION ORDERS ISSUED

2 AND DENIED, THE NUMBER OF TEMPORARY EXTREME RISK PROTECTION

3 ORDERS TERMINATED, THE NUMBER OF EXTREME RISK PROTECTION

4 ORDERS TERMINATED, AND THE NUMBER OF EXTREME RISK PROTECTION

5 ORDERS RENEWED.

6 SECTION 3. In Colorado Revised Statutes, add 16-3-301.5 as

7 follows:
8 16-3-301.5. Search warrant for firearms possessed by a
9 dangerous person - definition. (1) FOR PURPOSES OF THIS SECTION,

10 "DANGEROUS PERSON" MEANS A PERSON WHO IS THE NAMED RESPONDENT

11 IN AN EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK

12 PROTECTION ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13.

13 (2) ANY COURT MAY ISSUE A SEARCH WARRANT TO SEARCH FOR

14 AND TAKE CUSTODY OF ANY FIREARM IN THE POSSESSION OF A DANGEROUS

15 PERSON IF THE APPLICATION FOR THE WARRANT COMPLIES WITH ALL

16 REQUIRED PROVISIONS OF SECTION 16-3-303 AND ALSO PROVIDES FACTS

17 SUFFICIENT TO ESTABLISH BY PROBABLE CAUSE:

18 (a) THAT THE NAMED PERSON IS A DANGEROUS PERSON; AND

19 (b) THAT THE NAMED PERSON IS IN POSSESSION OF ONE OR MORE
20 FIREARMS; AND

21 (c) THE LOCATION OF SUCH FIREARMS; AND

22 (d) ANY OTHER INFORMATION RELIED UPON BY THE APPLICANT
23 AND WHY THE APPLICANT CONSIDERS SUCH INFORMATION CREDIBLE AND

24 RELIABLE.

25 (3) THE RETURN OR DISPOSAL OF ANY FIREARM TAKEN CUSTODY

26 OF PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED PURSUANT TO

27 SECTION 13-14.5-110.

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1 SECTION 4. Potential appropriation. Pursuant to section
2 2-2-703, C.R.S., any bill that results in a net increase in periods of
3 imprisonment in state correctional facilities must include an appropriation
4 of money that is sufficient to cover any increased capital construction, any
5 operational costs, and increased parole costs that are the result of the bill
6 for the department of corrections in each of the first five years following
7 the effective date of the bill. Because this act may increase periods of
8 imprisonment, this act may require a five-year appropriation.
9 SECTION 5. Safety clause. The general assembly hereby finds,
10 determines, and declares that this act is necessary for the immediate
11 preservation of the public peace, health, and safety.

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