Amendments for HB19-1177
House Journal, February 22
5 HB19-1177 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 4, line 17, strike "EXIST." and substitute "EXIST
10 AND ATTESTING THAT THE PETITIONER IS A FAMILY OR HOUSEHOLD
11 MEMBER.".
12
13 Page 4, line 26, strike "THE COURT" and substitute "A COURT OF
14 COMPETENT JURISDICTION".
15
16 Page 7, strike line 1 and substitute "SIXTY FOUR DAYS. AN ATTORNEY
17 WILL BE APPOINTED TO REPRESENT YOU, OR YOU MAY SEEK THE ADVICE OF
18 YOUR OWN".
19
20 Page 7, strike lines 8 and 9 and substitute "RESPONDENT RESIDES.".
21
22 Page 8, line 2, strike "RESPONDENT." and substitute "RESPONDENT, AND
23 THE COURT SHALL INCLUDE THE APPOINTMENT IN THE NOTICE OF HEARING
105 24 PROVIDED TO THE RESPONDENT PURSUANT TO SECTION 13-14.5-
25 (1)(a).".
26
27 Page 8, line 4, strike "TIME." and substitute "TIME AT THE RESPONDENT'S
28 OWN EXPENSE.", and strike "AN INDIGENT" and substitute "A".
29
30 Page 8, strike lines 7 and 8 and substitute "BE FILED IN THE COUNTY
31 WHERE THE RESPONDENT RESIDES.".
32
33 Page 9, lines 8 and 9, strike " PARTIES OR THE NECESSITY OF VERIFYING
34 THE TERMS OF AN EXISTING ORDER." and substitute "PARTIES.".
35
36 Page 10, line 7, after "PETITIONER" insert "OR RESPONDENT".
37
38 Page 10, line 16, strike "RECEIPT" and substitute "FILING".
39
40 Page 10, line 17, strike "ISSUE" and substitute "PROVIDE".
41
42 Page 10, line 26, strike "ON OR BEFORE" and substitute "BEFORE".
43
44 Page 11, line 26, strike "EVIDENCE," and substitute "CORROBORATED
45 EVIDENCE,".
46
47 Page 12, line 25, strike "CORROBORATED EVIDENCE" and substitute
48 "EVIDENCE".
49
50 Page 13, lines 11 and 12, strike "PURSUANT TO SECTION 24-33.5-424".
51
52 Page 15, after line 20 insert:
53 "(12) IF THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK
54 PROTECTION ORDER BUT ORDERED A TEMPORARY EXTREME RISK
55 PROTECTION ORDER AND A LAW ENFORCEMENT AGENCY TOOK CUSTODY
1 OF THE RESPONDENT'S CONCEALED CARRY PERMIT OR THE RESPONDENT
2 SURRENDERED HIS OR HER CONCEALED CARRY PERMIT AS A RESULT OF THE
3 TEMPORARY EXTREME RISK PROTECTION ORDER, THE SHERIFF WHO ISSUED
4 THE CONCEALED CARRY PERMIT SHALL REISSUE THE CONCEALED CARRY
5 PERMIT TO THE RESPONDENT WITHIN THREE DAYS.".
6
7 Page 17, line 7, after "REQUEST" insert "AND DATE OF HEARING".
8
9 Page 17, strike lines 10 and 11 and substitute "THE HEARING SHALL
10 OCCUR WITHIN FOURTEEN DAYS OF THE DATE OF SERVICE OF THE".
11
12 Page 23, line 9, strike "FORTY-EIGHT HOURS" and substitute "TWO FULL
13 COURT DAYS".
14
15 Page 24, line 14, after "RESPONDENT" insert "WITHIN THREE DAYS".
16
17 Page 25, line 21, strike "TERMINATED." and substitute "TERMINATED AND
18 SHALL PROMPTLY REMOVE THE ORDERS.".
19
20 Page 26, after line 20 insert:
21 "(5) UPON THE EXPIRATION OF A TEMPORARY EXTREME RISK
22 PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER, THE
23 COLORADO BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT
24 AGENCY SPECIFIED IN THE ORDER SHALL PROMPTLY REMOVE THE ORDER
25 FROM ANY COMPUTER-BASED SYSTEM IN WHICH IT WAS ENTERED
26 PURSUANT TO SUBSECTION (2) OF THIS SECTION.".
27
28 Page 28, after line 18 insert:
29 "(4) COURTS SHALL ACCEPT PETITIONS PURSUANT TO SECTIONS
30 13-14.5-103 AND 13-14.5-104 BEGINNING ON JANUARY 1, 2020.".
31
32 Page 29, line 6, after the period, add "THE STATE COURT ADMINISTRATOR
33 OR HIS OR HER DESIGNEE SHALL ALSO REPORT DATA RELATED TO ALL
34 PERSONS WHO ARE SUBJECT TO ANY TEMPORARY EMERGENCY RISK
35 PROTECTION ORDER OR EMERGENCY RISK PROTECTION ORDER AND WHO,
36 AS A RESULT OF THE ISSUANCE OR EXECUTION OF THE PROTECTION ORDER,
37 ARE CHARGED WITH A CRIMINAL OFFENSE. THE REPORT MUST INCLUDE
38 THE NATURE OF THE CRIMINAL OFFENSE, INCLUDING BUT NOT LIMITED TO
39 ANY OFFENSE FOR VIOLATION OF THE EMERGENCY RISK PROTECTION
40 ORDER AND THE DISPOSITION OR STATUS OF THAT CRIMINAL OFFENSE.".
41
42 Strike "OR WHERE THE FIREARMS ARE LOCATED" on: Page 7, lines 25 and
43 26; Page 11, line 2; and Page 15, line 26.
44
45
House Journal, February 27
29 HB19-1177 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 30, after line 15 insert:
34
35 "SECTION 5. Appropriation. For the 2019-20 state fiscal year,
36 $119,392 is appropriated to the judicial department. This appropriation
37 is from the general fund. To implement this act, the department may use
38 this appropriation for court costs, jury costs, and court-appointed
39 counsel.".
40
41 Renumber succeeding section accordingly.
42
43 Page 1, line 101, strike "ORDER." and substitute "ORDER, AND IN
44 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
45
46
House Journal, March 1
28 Amendment No. 1, Judiciary Report, dated February 21, 2019, and
29 placed in member's bill file; Report also printed in House Journal,
30 February 22, 2019.
31
32 Amendment No. 2, Appropriations Report, dated February 28, 2019, and
33 placed in member's bill file; Report also printed in House Journal,
34 February 28, 2019.
35
36 Amendment No. 3, by Representative(s) Garnett.
37
38 Amend the Judiciary Committee Report, dated February 21, 2019, page
39 1, line 2, strike "AND" and substitute "AND, IF THE PETITIONER IS A
40 FAMILY OR HOUSEHOLD MEMBER,".
41
42 Page 1, line 15, strike ""A"" and substitute ""THE ATTORNEY APPOINTED
43 FOR THE"".
44
45 Page 2, line 20, strike "DAYS."." and substitute "DAYS, AT NO CHARGE TO
46 THE RESPONDENT.".".
47
48 Page 2, line 21, strike "strike".
49
50 Page 2, strike lines 22 and 23 and substitute:
51 "Page 17, lines 10 through 12, strike "THE HEARING SHALL OCCUR NO
52 SOONER THAN FOURTEEN DAYS AND NO LATER THAN TWENTY-EIGHT
53 DAYS AFTER THE DATE OF SERVICE OF THE REQUEST UPON THE
54 PETITIONER." and substitute "THE COURT SHALL SET THE HEARING
55 FOURTEEN DAYS AFTER THE FILING OF THE REQUEST FOR A HEARING TO
56 TERMINATE AN EXTREME RISK PROTECTION ORDER.".
1 Page 2, line 28, after "THE" insert "EXPIRED OR TERMINATED".
2
3 Page 3, line 7, strike "SECTION."." and substitute "SECTION.
4 (6) AN EXTREME RISK PROTECTION ORDER DOES NOT CONSTITUTE
18 5 A FINDING THAT A RESPONDENT IS A PROHIBITED PERSON PURSUANT TO
6 U.S.C. SEC. 922.".".
7
8 Page 3, line 12, after "REPORT" insert "STATE COURT".
9
10 Page 3, line 15, strike "AS A RESULT OF" and substitute "WITHIN THIRTY
11 DAYS AFTER".
12
13 A motion by Representative Garnett that the Committee rise, report
14 progress and beg leave to sit again at the conclusion of Public Health
15 Care and Human Services Committee, was adopted by unanimous
16 consent. (General Orders to be continued)
House Journal, March 1
43 Amendment No. 4, by Representative(s) Garnett.
44
45 Amend printed bill, page 5, line 16, after the period, add "THE COURT
46 MAY SCHEDULE A HEARING BY TELEPHONE PURSUANT TO LOCAL COURT
47 RULE TO REASONABLY ACCOMMODATE A DISABILITY OR, IN EXCEPTIONAL
48 CIRCUMSTANCES, TO PROTECT A PETITIONER FROM POTENTIAL HARM. THE
49 COURT SHALL REQUIRE ASSURANCES OF THE PETITIONER'S IDENTITY
50 BEFORE CONDUCTING A TELEPHONIC HEARING.".
51
52 Page 7, line 2, after "ATTORNEY" insert "AT YOUR OWN EXPENSE".
53
54 Page 9, strike lines 12 through 22.
55
56 Renumber succeeding subsections accordingly.
1 Page 15, before line 21 insert:
2 "(12) IF COURT ISSUES AN EXTREME RISK PROTECTION ORDER AND
3 THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR AGENCY, THE
4 PETITIONER SHALL MAKE A GOOD-FAITH EFFORT TO PROVIDE NOTICE OF
5 THE ORDER TO A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT
6 AND TO ANY KNOWN THIRD PARTY WHO MAY BE AT DIRECT RISK OF
7 VIOLENCE. THE NOTICE MUST INCLUDE REFERRALS TO APPROPRIATE
8 RESOURCES, INCLUDING DOMESTIC VIOLENCE, BEHAVIORAL HEALTH, AND
9 COUNSELING RESOURCES.".
10
11 Page 19, after line 6, insert:
12 "(3) IF AN EXTREME RISK PROTECTION ORDER IS TERMINATED OR
13 NOT RENEWED FOR ANY REASON, THE LAW ENFORCEMENT AGENCY
14 STORING THE RESPONDENT'S FIREARMS SHALL PROVIDE NOTICE TO THE
15 RESPONDENT REGARDING THE PROCESS FOR THE RETURN OF THE
16 FIREARMS.".
17
18 Page 19, line 17, after "AGENCY." insert "THE LAW ENFORCEMENT
19 AGENCY SHALL PRESERVE THE FIREARM IN A SUBSTANTIALLY SIMILAR
20 CONDITION THAT THE FIREARM WAS IN WHEN IT WAS SURRENDERED.".
21
22 Page 27, after line 16, insert:
23 "(3) IN ADDITION TO ANY OTHER REMEDIES, A RESPONDENT WHO
24 HAD A MALICIOUS OR FALSE PETITION FOR A TEMPORARY EXTREME RISK
25 PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER FILED AGAINST
26 HIM OR HER HAS A PRIVATE CAUSE OF ACTION AGAINST THE PETITIONER.
27 IN THE ACTION, THE PLAINTIFF IS ENTITLED TO ACTUAL DAMAGES,
28 ATTORNEY FEES, AND COSTS.".
29
30 Amendment No. 5, by Representative(s) Saine.
31
32 Amend amendment no. 4 by Representative Garnett, printed in House
33 Journal page 494, line 50, strike "HEARING."." and substitute "HEARING.
34 A HEARING BY TELEPHONE MUST BE RECORDED AND PROVIDED TO THE
35 RESPONDENT PRIOR TO THE ISSUE OF AN EXTREME RISK PROTECTION
36 ORDER.".".
37
38 Amendment No. 6, by Representative(s) Garnett.
39
40 Amend printed bill, page 8, line 27, strike "PETITION" and substitute
41 "PETITION; AND".
42
43 Page 9, strike line 1.
44
45 Page 17, line 24, after the period, add "IF THE COURT CONTINUES THE
46 HEARING, THE COURT SHALL SET THE DATE FOR THE NEXT HEARING PRIOR
47 TO THE DATE FOR THE EXPIRATION OF THE EXTREME RISK PROTECTION
48 ORDER.".
49
50 Page 19, line 10, strike "BY EITHER:" and substitute "BY:".
51
52 Page 19, line 15, strike "OR".
53
54 Page 19, line 19, strike "FIREARM." and substitute "FIREARM; OR".
55
56 Page 19, after line 19 insert:
18 1 "(III) ONLY FOR EITHER AN ANTIQUE FIREARM, AS DEFINED IN
2 U.S.C. SEC. 921 (a)(16), AS AMENDED, OR A CURIO OR RELIC, AS DEFINED
3 IN 27 CFR 478.11, AS AMENDED, TRANSFERRING POSSESSION OF THE
4 ANTIQUE FIREARM OR CURIO OR RELIC TO A RELATIVE WHO DOES NOT LIVE
5 WITH THE RESPONDENT AFTER CONFIRMING, THROUGH A CRIMINAL
6 HISTORY RECORD CHECK, THE RELATIVE IS CURRENTLY ELIGIBLE TO OWN
7 OR POSSESS A FIREARM UNDER FEDERAL AND STATE LAW.".
8
9 Page 24, line 14, after "FIREARM," insert "OR A RELATIVE WITH CUSTODY
10 OF AN ANTIQUE FIREARM OR CURIO OR RELIC PURSUANT TO SECTION
11 13-14.5-108 (1)(a)(III),".
12
13 Page 25, strike line 18 and substitute "USED BY LAW ENFORCEMENT
14 AGENCIES.".
15
16 As amended, ordered engrossed and placed on the Calendar for Third
17 Reading and Final Passage.
18
19 On motion of Representative Garnett, consideration of the following bills
20 on the General Orders Calendar was laid over until March 4, retaining
21 place on Calendar: HB19-1201, 1180, 1130, SB19-049, HB19-1003,
22 1150, 1166, SB19-025, 009, 035, 032.
23
Senate Journal, March 18
After consideration on the merits, the Committee recommends that HB19-1177 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 5, line 25, strike "A HEARING BY
TELEPHONE MUST BE".
Page 5, strike lines 26 and 27 and substitute "A COPY OF THE TELEPHONE
HEARING MUST BE PROVIDED TO THE RESPONDENT PRIOR TO THE HEARING
FOR AN EXTREME RISK PROTECTION ORDER.".
Page 7, line 18, after "PETITION" add " AND A NOTICE THAT INCLUDES
REFERRALS TO APPROPRIATE RESOURCES, INCLUDING DOMESTIC
VIOLENCE, BEHAVIORAL HEALTH, AND COUNSELING RESOURCES,".
Page 11, line 26, strike "CORROBORATED".
Page 28, strike line 11 and substitute "U.S.C. SEC. 922 (d)(4) OR (g)(4).
THIS SUBSECTION (6) DOES NOT ALTER A TEMPORARY EXTREME RISK
PROTECTION ORDER OR AN EXTREME RISK PROTECTION ORDER, AND A
RESPONDENT SUBJECT TO A TEMPORARY EXTREME RISK PROTECTION
ORDER OR AN EXTREME RISK PROTECTION ORDER IS PROHIBITED FROM
POSSESSING A FIREARM UNDER STATE LAW. THIS SUBSECTION (6) DOES
NOT CHANGE THE DUTY TO ENTER A TEMPORARY EXTREME RISK
PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER INTO THE
APPROPRIATE DATABASES PURSUANT TO SECTION 13-14.5-110.".
Page 29, strike lines 8 through 13.
Senate Journal, March 22
HB19-1177 by Representative(s) Sullivan and Garnett; also Senator(s) Court and Pettersen--Concerning
creation of an extreme risk protection order, and, in connection therewith, making an
appropriation.
Senator Sonnenberg moved to amend the Report of the Committee of the Whole to show
that the following Sonnenberg floor amendment, (L.086) to HB 19-1177, does fit under
the title and did pass.
Amend reengrossed bill, page 3, strike lines 2 through 26 and substitute:
"SECTION 1. In Colorado Revised Statutes, 27-65-105, amend
(1)(a)(I), (1)(b), and (5) as follows:
27-65-105. Emergency procedure. (1) Emergency procedure
may be invoked under one of the following conditions:
(a) (I) When any person appears to have a mental health disorder
and, as a result of such mental health disorder, appears to be an imminent
danger to others or to himself or herself or appears to be gravely disabled
AND THE PERSON IS IN NEED OF EXTREME RISK PROTECTION ORDER, then
an intervening professional, as specified in subsection (1)(a)(II) of this
section, upon probable cause and with such assistance as may be
required, may take the person into custody, or cause the person to be
taken into custody, and placed in a facility designated or approved by the
executive director for a seventy-two-hour treatment and evaluation TO BE
CONDUCTED BY A PSYCHOLOGIST. If such a facility is not available, the
person may be taken to an emergency medical services facility FOR
EVALUATION BY A PSYCHOLOGIST.
(b) Upon an affidavit sworn to or affirmed before a judge that
relates sufficient facts to establish that a person appears to have a mental
health disorder and, as a result of the mental health disorder, appears to
be an imminent danger to others or to himself or herself or appears to be
gravely disabled AND THE PERSON IS IN NEED OF EXTREME RISK
PROTECTION ORDER, the court may order the person described in the
affidavit to be taken into custody and placed in a facility designated or
approved by the executive director for a seventy-two-hour treatment and
evaluation TO BE CONDUCTED BY A PSYCHOLOGIST. Whenever in this
article 65 a facility is to be designated or approved by the executive
director, hospitals, if available, must be approved or designated in each
county before other facilities are approved or designated. Whenever in
this article 65 a facility is to be designated or approved by the executive
director as a facility for a stated purpose and the facility to be designated
or approved is a private facility, the consent of the private facility to the
enforcement of standards set by the executive director is a prerequisite to
the designation or approval.
(5) Each person admitted to a seventy-two-hour treatment and
evaluation facility under the provisions of this article shall ARTICLE 65
MUST receive an evaluation TO BE CONDUCTED BY A PSYCHOLOGIST as
soon as possible after he or she is admitted and shall MUST receive such
treatment and care as his or her condition requires for the full period that
he or she is held, AND THE PSYCHOLOGIST SHALL FILE A COPY OF THE
EVALUATION WITH THE DISTRICT COURT WHERE THE PERSON ADMITTED
RESIDES. THE COURT THEN SHALL DETERMINE WHETHER TO PROCEED
PURSUANT TO SECTION 27-65-107. The person shall MUST be released
before seventy-two hours have elapsed if, in the opinion of the
professional person in charge of the evaluation, the person no longer
requires evaluation or treatment. Persons who have been detained for
seventy-two-hour evaluation and treatment shall MUST be released,
referred for further care and treatment on a voluntary basis, or certified
for treatment pursuant to section 27-65-107.
SECTION 2. In Colorado Revised Statutes, 27-65-106, amend
(6) and (7) as follows:
27-65-106. Court-ordered evaluation for persons with mental
health disorders. (6) Whenever it appears, by petition and screening
pursuant to this section, to the satisfaction of the court that probable
cause exists to believe that the respondent has a mental health disorder
and, as a result of the mental health disorder, is a danger to others or to
himself or herself or is gravely disabled AND THE PERSON IS IN NEED OF
EXTREME RISK PROTECTION ORDER and that efforts have been made to
secure the cooperation of the respondent, who BUT HE OR SHE has refused
or failed to accept evaluation voluntarily, the court shall issue an order
for evaluation authorizing a certified peace officer to take the respondent
into custody and place him or her in a facility designated by the executive
director for seventy-two-hour treatment and evaluation TO BE
CONDUCTED BY A PSYCHOLOGIST. At the time of taking the respondent
into custody, a copy of the petition and the order for evaluation must be
given to the respondent and promptly thereafter to any one person
designated by the respondent and to the person in charge of the
seventy-two-hour treatment and evaluation facility named in the order or
his or her designee.
(7) The respondent shall MUST be evaluated as promptly as
possible and shall MUST in no event be detained longer than seventy-two
hours under the court order, excluding Saturdays, Sundays, and holidays
if treatment and evaluation services are not available on those days. THE
PSYCHOLOGIST SHALL FILE A COPY OF THE EVALUATION WITH THE
DISTRICT COURT WHERE THE PERSON ADMITTED RESIDES WITHIN
SEVENTY-TWO HOURS, AND THE COURT SHALL HOLD A HEARING
IMMEDIATELY AFTER RECEIVING THE REPORT TO DETERMINE WHETHER TO
PROCEED PURSUANT TO SECTION 27-65-107. Within that time, the
respondent shall MUST be released, referred for further care and treatment
on a voluntary basis, or certified for short-term treatment.".
Strike pages 4 through 32.
Renumber succeeding section accordingly.
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 16 NO 19 EXCUSED 0 ABSENT 0
Bridges N Foote N Marble Y Story N
Cooke Y Gardner Y Moreno N Tate Y
Coram Y Ginal N Pettersen N Todd N
Court N Gonzales N Priola Y Williams A. N
Crowder Y Hill Y Rankin Y Winter N
Danielson N Hisey Y Rodriguez N Woodward Y
Donovan N Holbert Y Scott Y Zenzinger N
Fenberg N Lee N Smallwood Y President N
Fields N Lundeen Y Sonnenberg Y