Amendments for HB25-1168
House Journal, February 27
5 HB25-1168 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend printed bill, page 4, line 9, after "(5);" insert "add (6);".
10
11 Page 4, line 10, strike "definitions." and substitute "definitions -
12 repeal.".
13
14 Page 7, line 3, after "PLAN" insert "AND EITHER PARTY NOTIFIES THE
15 COURT BY MOTION,".
16
17 Page 7, line 4, strike "A" and substitute "IF EITHER PARTY NOTIFIES A
18 COURT THAT THE PARTIES HAVE AGREED UPON A REPAYMENT PLAN, THE".
19
20 Page 9, after line 5, insert:
21
22 "(6) (a) IF THE PROVISIONS OF HOUSE BILL 25-1168 ENACTED IN
23 2025 REQUIRE THE JUDICIAL DEPARTMENT TO MAKE CHANGES TO ANY
24 FORMS, THE JUDICIAL DEPARTMENT SHALL COMPLETE THE CHANGES TO
25 FORMS AND HAVE THE NEW FORMS AVAILABLE NO LATER THAN AUGUST,
26 6, 2025.
27 (b) THIS SUBSECTION (6) REPEALS, EFFECTIVE JULY 1, 2026.".
28
29 Page 11, after line 8 insert:
30
31 "SECTION 6. In Colorado Revised Statutes, 13-40-110, add
32 (3.5) as follows:
33 13-40-110. Action - how commenced - report. (3.5) IF THE
34 TENANT PROVIDES WRITTEN OR ACTUAL NOTICE TO THE LANDLORD THAT
35 THE TENANT IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR,
36 STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, AND THE TENANT
37 CONSENTS TO THE LANDLORD SHARING THE INFORMATION WITH THE
38 COURT, THE LANDLORD SHALL DISCLOSE THE INFORMATION ON THE
39 COMPLAINT OR WITH THE RETURN OF SERVICE FILED WITH THE COURT.".
40
41 Renumber succeeding sections accordingly.
42
43 Page 11, lines 12 and 13, strike "SUBSECTIONS (3)(b) AND (3)(c) OF THIS
44 SECTION," and substitute "SUBSECTION (3)(b) OF THIS SECTION,".
45
46 Page 11, strike lines 19 through 23.
47
48 Reletter succeeding paragraph accordingly.
49
50 Page 11, line 26, strike "POSSESSION," and substitute "POSSESSION OR TO
51 MAINTAIN A RECORD AS SUPPRESSED IF THE RECORD IS CURRENTLY
52 SUPPRESSED,".
1 Page 12, line 2, strike "SUPPRESS ANY RELATED RECORDS" and substitute
2 "SUPPRESS, OR CONTINUE TO SUPPRESS, ANY RELATED RECORDS,
3 INCLUDING A JUDGMENT FOR POSSESSION IF ONE IS ENTERED,".
4
5 Page 15, line 5, strike "ABUSE." and substitute "ABUSE, PROVIDED THAT
6 THE COURT HAS BEEN MADE AWARE THAT THE TENANT IS A
7 VICTIM-SURVIVOR.".
8
9 Page 16, line 14, after "DOCUMENTATION," insert "ANY FILING SUBMITTED
10 BY THE PLAINTIFF THAT REQUESTS A WRIT MUST INCLUDE A STATEMENT
11 THAT IDENTIFIES THE DEFENDANT AS A VICTIM-SURVIVOR OF UNLAWFUL
12 SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,
13 AND A STATEMENT SPECIFYING THAT THE WRIT IS NOT EXECUTABLE FOR
14 THIRTY DAYS AFTER ENTRY. IF THE WRIT OF RESTITUTION IS GRANTED BY
15 THE COURT,".
16
17 Page 23, strike lines 20 through 22.
18
19 Page 24, line 9, after "ORDER." insert "HOWEVER, IF THE TENANT
20 PROVIDES WRITTEN OR ACTUAL NOTICE TO THE LANDLORD THAT THE
21 TENANT IS A VICTIM-SURVIVOR AND THE TENANT CONSENTS TO THE
22 LANDLORD SHARING THE INFORMATION WITH THE COURT, THE LANDLORD
23 SHALL DISCLOSE THE INFORMATION TO THE COURT IN ANY CIVIL ACTION
24 ON THE COMPLAINT WITH THE RETURN OF SERVICE FILED WITH THE COURT,
25 OR AT ANY SUCH TIME THAT THE LANDLORD BECOMES AWARE OF THE
26 TENANT'S STATUS AS A VICTIM-SURVIVOR.".
27
28 Page 26, after line 14 insert:
29
30 "SECTION 17. Effective date. This act takes effect upon
31 passage; except that sections 3, 5, 6, 7, 8, and 11 take effect August 6,
32 2025.".
33
34 Renumber succeeding section accordingly.
35
36
House Journal, March 4
36 Amendment No. 1, Transportation, Housing & Local Government Report,
37 dated February 26, 2025, and placed in member’s bill file; Report also
38 printed in House Journal, February 27, 2025.
39
40 Amendment No. 2, by Representative Espenoza:
41
42 Amend printed bill, page 5, line 13, after "(IV)" insert "(A)".
43
44 Page 5, after line 24 insert:
45
46 "(B) IF A LANDLORD RECEIVES DOCUMENTATION PURSUANT TO
47 THIS SUBSECTION (4)(a) THAT CONTAINS CONFLICTING INFORMATION, THE
48 LANDLORD MAY REQUIRE A TENANT TO SUBMIT A LETTER SIGNED BY A
49 QUALIFIED THIRD-PARTY PURSUANT TO SUBSECTION (4)(a)(IV)(A) OF THIS
50 SECTION.".
51
52 Page 20, line 27, strike "TENANCY;" and substitute "TENANCY. IF A
53 LANDLORD RECEIVES DOCUMENTATION PURSUANT TO THIS SUBSECTION
54 (2)(a.5)(I) THAT CONTAINS CONFLICTING INFORMATION, THE LANDLORD
1 MAY REQUIRE A TENANT TO SUBMIT A LETTER SIGNED BY A QUALIFIED
2 THIRD-PARTY PURSUANT TO THIS SUBSECTION (2)(a.5)(I)(B).".
3
4 Amendment No. 3, by Representative Espenoza:
5
6 Amend printed bill, page 7, line 15, strike "EIGHTEEN" and substitute
7 "TWELVE".
8
9 Page 9, line 17, strike "EIGHTEEN" and substitute "TWELVE".
10
11 Amendment No. 4, by Representative Woog:
12
13 Amend printed bill, page 25, after line 25 insert:
14
15 "(c) (I) IF A TENANT CHANGES A LOCK, INCLUDING AN ELECTRONIC
16 LOCK, PURSUANT TO THIS SUBSECTION (7), THE TENANT SHALL MAKE ALL
17 REASONABLE EFFORTS TO PROVIDE THE LANDLORD WITH A COPY OF THE
18 KEY, OR THE ELECTRONIC CODE OR OTHER INFORMATION NEEDED TO
19 ACCESS AN ELECTRONIC LOCK, AS SOON AS REASONABLY PRACTICABLE
20 BUT NO LATER THAN FOURTEEN DAYS AFTER THE LOCK OR ELECTRONIC
21 LOCK IS CHANGED.
22 (II) IF THE LANDLORD, PROPERTY MANAGER, OR OWNER OF THE
23 PROPERTY IS THE PERSON ALLEGED TO BE RESPONSIBLE FOR THE
24 UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR
25 DOMESTIC ABUSE, THE TENANT SHALL MAKE REASONABLE EFFORTS TO
26 PROVIDE A COPY OF THE KEY OR ELECTRONIC CODE TO ANOTHER PERSON
27 WHO HAS THE AUTHORITY TO MANAGE THE PROPERTY AND WHO THE
28 TENANT DETERMINES IS SAFE, PROVIDED THE PERSON WHO IS GIVEN A
29 COPY OF THE KEY OR ELECTRONIC CODE AGREES NOT TO SHARE THE KEY
30 OR ELECTRONIC CODE WITH THE LANDLORD, PROPERTY MANAGER, OR
31 OWNER WHO IS ALLEGED TO BE RESPONSIBLE FOR THE UNLAWFUL SEXUAL
32 BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE.".
33
34 As amended, ordered engrossed and placed on the Calendar for Third
35 Reading and Final Passage.
36
Senate Journal, April 1
After consideration on the merits, the Committee recommends that HB25-1168 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 5, line 12, strike "SECTION; OR" and substitute
"SECTION. THE SELF-ATTESTATION AFFIDAVIT MUST INCLUDE THE NAME OF THE
PARTY WHO IS ALLEGEDLY RESPONSIBLE FOR THE UNLAWFUL SEXUAL
BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, IF THE NAME
OF THE PARTY IS KNOWN AND IF THE TENANT DETERMINES IT IS SAFE TO
PROVIDE.".
Page 6, line 26 and 27, strike "FORTY-EIGHT HOURS" and substitute "THREE
BUSINESS DAYS".
Page 7, line 1, strike "FORTY-EIGHT HOURS" and substitute "THREE BUSINESS
DAYS".
Page 7, line 2, strike "THE TENANT" and substitute "WITHIN SEVEN DAYS AFTER
RECEIPT OF THE REPAYMENT PLAN OFFERED BY THE LANDLORD, THE TENANT
SHALL ACCEPT THE LANDLORD'S REPAYMENT PLAN OR PROPOSE AN
ALTERNATIVE REPAYMENT PLAN THAT CONFORMS WITH THE REQUIREMENTS OF
THIS SUBSECTION (4)(e)."
Page 7, strike lines 3 through 8.
Page 7, line 9, strike "JUDGMENT AND IF" and substitute "IF".
Page 7, line 11, strike "THE ORDER." and substitute "ANY PREVIOUS ORDER OF
JUDGMENT.".
Page 7, line 17, after "DETAINER." insert "A TENANT'S FAILURE TO ACCEPT THE
LANDLORD'S REPAYMENT PLAN OR FAILURE TO PROPOSE AN ALTERNATIVE
REPAYMENT PLAN WITHIN SEVEN DAYS AFTER RECEIPT OF THE LANDLORD'S
REPAYMENT PLAN IS A WAIVER OF THE AFFIRMATIVE DEFENSE.".
Page 7, line 22, strike "BASIS." and substitute "BASIS, WHICH MUST BE AT LEAST
TWENTY-FIVE DOLLARS PER MONTH.".
Page 7, line 23, strike "TWELVE" and substitute "NINE".
Page 7, line 26, strike "FOURTEEN" and substitute "TEN".
Page 8, line 3, strike "TEN" and substitute "SEVEN".
Page 8, line 8, strike "TEN" and substitute "SEVEN".
Page 10, line 4, strike "TWELVE" and substitute "NINE".
Page 11, line 20, strike "ONLY" and substitute "MAKE ALL REASONABLE EFFORTS
TO".
Page 11, line 22, after "NOTICE." insert "IF PERSONAL SERVICE CANNOT BE
PERFECTED AFTER THREE ATTEMPTS, THE LANDLORD SHALL PERFECT SERVICE
BY POSTING A COPY OF THE NOTICE IN A CONSPICUOUS PLACE ON THE PREMISES
AND BY SERVING THE NOTICE TO THE TENANT THROUGH CERTIFIED MAIL OR
THROUGH ANY COMMERCIAL MAIL COURIER, PROVIDED THE NOTICE INCLUDES
A RECEIPT OR OTHER DOCUMENTATION DEMONSTRATING PROOF OF DELIVERY.".
Page 21, line 21, after "(2)(a.5)(I)(B)." insert "THE SELF-ATTESTATION
AFFIDAVIT MUST INCLUDE THE NAME OF THE PARTY WHO IS ALLEGEDLY
RESPONSIBLE FOR THE UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC
VIOLENCE, OR DOMESTIC ABUSE, IF THE NAME OF THE PARTY IS KNOWN AND IF
THE TENANT DETERMINES IT IS SAFE TO PROVIDE.".
Page 22, line 12, after "VICTIM-SURVIVOR." insert "IF A TENANT SEEKS TO
EXERCISE THE RIGHTS PURSUANT TO THIS SECTION BUT HAS NOT PROVIDED THE
DOCUMENTATION REQUIRED PURSUANT TO SUBSECTION (2)(a.5)(I) OF THIS
SECTION, THE TENANT SHALL PROVIDE THE REQUIRED DOCUMENTATION TO THE
LANDLORD WITHIN SEVEN DAYS AFTER THE LANDLORD'S WRITTEN REQUEST.".
Page 23, lines 25 and 26, strike "OF THE TENANT'S NOTICE OF TERMINATION."
and substitute "THE TENANT VACATES THE PROPERTY.".
Page 24, line 1, strike "OF THE TENANT'S NOTICE OF TERMINATION" and
substitute "THE TENANT VACATES THE PROPERTY".
Judiciary