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SENA TE BILL 26-085
BY SENATOR(S) Frizell and Ball, Bridges, Bright, Cutter, Danielson,
Exum, Hinrichsen, Jodeh, Kipp, Kirkmeyer, Kolker, Lindstedt, Marchman,
Mullica, Pelton R., Roberts, Rodriguez, Simpson, Snyder, Sullivan,
Wallace, Weissman, Coleman;
also REPRESENT ATIVE(S) Duran and Hartsook, Boesenecker, Caldwell,
Clifford, Froelich, Gonzalez R., Jackson, Joseph, Keltie, Lieder, Marshall,
Phillips, Rutinel, McCluskie.
CONCERNING MILITARY PROTECTION ORDERS, AND, IN CONNECTION
THEREWITH, A PEACE OFFICER'S DUTY TO DETERMINE WHETHER A
MILITARY PROTECTION ORDER EXISTS WHEN RESPONDING TO AN
INCIDENT OF DOMESTIC VIOLENCE AND A REQUIREMENT FOR THE
COURT TO CONSIDER THE EXISTENCE OF A MILITARY PROTECTION
ORDER AS RELEVANT EVIDENCE WHEN DETERMINING WHETHER TO
ISSUE A TEMPORARY CIVIL PROTECTION ORDER.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 18-6-806 as
follows:
18-6-806. Notification of potential violation of military
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
protection order -definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ARMEDFORCES"MEANSTHEARMY,NAVY,AIRFORCE,MARINE
CORPS, SPACE FORCE, AND COAST GUARD OF THE UNITED STATES.
(b) "COMMANDING OFFICER" MEANS A COMMISSIONED OFFICER OR
WARRANT OFFICER IN A POSITION OF COMMAND IN THE ARMED FORCES OR
NATIONAL GUARD.
(c) "MILITARY PROTECTION ORDER" MEANS A PROTECTION ORDER
ISSUED AGAINST A CURRENT MEMBER OF THE ARMED FORCES OR NATIONAL
GUARD BY THE MEMBER'S COMMANDING OFFICER THAT PROHIBITS THE
MEMBER FROM:
(I) CONTACTING, HARASSING, INJURING, INTIMIDATING, MOLESTING,
THREATENING, TOUCHING, OR STALKING A PROTECTED PERSON;
(II) COMMITTING SEXUAL VIOLENCE BY SEXUALLY ASSAULTING OR
ABUSING A PROTECTED PERSON;
(III) ENTERING OR REMAINING ON PREMISES OR COMING WITHIN A
SPECIFIED DISTANCE OF A PROTECTED PERSON OR PREMISES;
(IV) TAKING, TRANSFERRING, CONCEALING, HARMING, DISPOSING OF,
OR THREATENING HARM TO AN ANIMAL OWNED, POSSESSED, LEASED, KEPT,
OR HELD BY A PROTECTED PERSON; OR
(V) POSING ANY OTHER RISK OR THREAT OF PHYSICAL HARM TO THE
PROTECTED PERSON OR THREAT OF PSYCHOLOGICAL OR EMOTIONAL HARM
TO THE PROTECTED PERSON.
( d) "NATIONAL GUARD" MEANS THE FEDERALLY RECOGNIZED ARMY
NATIONAL GUARD AND AIR NATIONAL GUARD.
( e) "PROTECTED PERSON" MEANS THE PERSON IDENTIFIED IN A
MILITARY PROTECTION ORDER AS THE PERSON FOR WHOSE BENEFIT THE
PROTECTION ORDER WAS ISSUED.
PAGE 2-SENATE BILL 26-085
(2) WHEN A PEACE OFFICER HAS RE ASONABLE SUSPICION THAT A
CRIME OF DOMESTIC VIOLENCE HAS OCCURRED, THE PEACE OFFICER SHALL
SEARCH THE NATIONAL CRIME INFORMATION CENTER DATABASE TO
DETERMINE WHETHER A MILITARY PROTECTION ORDER HAS BEEN ISSUED
AGAINST ONE OF THE PARTIES. IF A MILITARY PROTECTION ORDER HAS BEEN
ISSUED AGAINST A PARTY, THE PEACE OFFICER SHALL NOTIFY THE MILITARY
LAW ENFORCEMENT AGENCY THAT ENTERED THE PROTECTION ORDER INTO
THE NATIONAL CRIME INFORMATION CENTER DATABASE.
SE CTION 2. In Colorado Revised Statutes, 13-14-104.5, amend
(7)(a) as follows:
13-14-104.5. Procedure for temporary civil protection order.
(7) (a) A temporary civil protection order may be issued if the
issuing judge or magistrate finds that a risk or threat of physical harm or the
threat of psychological or emotional harm exists to the person or persons
seeking protection under the civil protection order. In determining whether
a risk or threat of physical harm or the threat of psychological or emotional
harm exists to one or more persons, the court shall consider all relevant
evidence concerning the safety and protection of the persons seeking the
protection order, regardless of when an incident occurred, or the existence
of a protection order issued pursuant to section 18-1-1001 or 18-1-1001.5.
THE EXISTENCE OF A MILITARY PROTECTION ORDER, AS DEFINED IN SECTION
18-6-806, IS RELEVANT EVIDENCE THAT THE COURT SHALL CONSIDER WHEN
DETERMINING WHETHER THERE IS A RISK OR THREAT OF HARM.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
PAGE 3-SENATE BILL 26-085
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Es er van Mourik
SECRETARY OF
THE SENATE
~~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ .
~ eilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED on'T~4'.\ r'Y\CA15➔~ 2£JLJ, ~ 3:-oor
(Date a d Time)
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