Amendments for SB23-170
Senate Journal, March 8
Amend printed bill, page 2, strike lines 15 through 24 and substitute:
"(2) "EDUCATOR" MEANS A TEACHER EMPLOYED TO INSTRUCT
STUDENTS OR A SCHOOL ADMINISTRATOR IN A SCHOOL DISTRICT, PRIVATE
SCHOOL,".
Page 3, after line 4 insert:
"(4) "FACULTY MEMBER" MEANS A PRESIDENT, DEAN, PROFESSOR,
ADMINISTRATOR, INSTRUCTOR, OR RESEARCH WORKER AT AN INSTITUTION OF
HIGHER EDUCATION.".
Renumber succeeding subsections accordingly.
Page 3, strike lines 25 through 27 and substitute:
"(7) "LAW ENFORCEMENT OFFICER" MEANS A PEACE OFFICER THAT IS:".
Page 4, strike lines 1 through 10 and substitute:
"(a) EMPLOYED BY A POLITICAL SUBDIVISION OF THE STATE AND
CERTIFIED BY THE P.O.S.T BOARD PURSUANT TO SECTION 16-2.5-102;
(b) AUTHORIZED BY SECTION 16-2.5-113 WHEN ASSISTANCE IS
REQUESTED BY AN INDIVIDUAL OR ENTITY PURSUANT TO SECTION 24-33.5-412;
(c) AUTHORIZED BY SECTION 16-2.5-114 AND WHO INTERACTED WITH
THE RESPONDENT IN THE SCOPE OF THE LAW ENFORCEMENT OFFICER'S OFFICIAL
DUTIES;
(d) EMPLOYED BY A DISTRICT ATTORNEY, DESIGNATED BY A DISTRICT
ATTORNEY, AND AUTHORIZED BY SECTION 16-2.5-132 OR 16-2.5-133;
(e) EMPLOYED BY THE DEPARTMENT OF LAW, DESIGNATED BY THE
ATTORNEY GENERAL, AND AUTHORIZED BY SECTION 16-2.5-128, 16-2.5-129, OR
16-2.5-130;
(f) AUTHORIZED BY SECTION 16-2.5-136, 16-2.5-137, OR 16-2.5-138;
(g) AUTHORIZED BY SECTION 16-2.5-120; OR
(h) AUTHORIZED BY SECTION 16-2.5-149.".
Page 4, line 11, strike the second "LICENSED".
Page 4, line 11, after "A" insert "SCHOOL NURSE WHO HOLDS A CURRENT
NURSING LICENSE THROUGH THE DEPARTMENT OF REGULATORY AGENCIES AND
WHO HAS APPLIED FOR OR HOLDS A SPECIAL SERVICES LICENSE FROM THE
DEPARTMENT OF EDUCATION PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR A".
Page 4, line 12, strike "PHYSICIAN'S" and substitute "PHYSICIAN".
Page 4, line 15, strike "PROVIDER." and substitute "PROVIDER, LICENSED
PURSUANT TO TITLE 12.".
Page 4, line 17, before "SOCIAL" insert "LICENSED PROFESSIONAL".
Page 4, line 24, after "RESPECTIVELY;" insert "A SCHOOL COUNSELOR WHO
HOLDS A SPECIAL SERVICES PROVIDER LICENSE WITH A SCHOOL COUNSELOR
ENDORSEMENT ISSUED PURSUANT TO ARTICLE 60.5 OF TITLE 22 OR WHO IS
OTHERWISE ENDORSED OR ACCREDITED BY A NATIONAL ASSOCIATION TO
PROVIDE SCHOOL COUNSELING SERVICES;".
Page 4, line 25, strike "PSYCHOTHERAPIST" and substitute "PSYCHOTHERAPIST
REGISTERED PURSUANT TO SECTION 12-245-703.".
Page 32, line 8, after the period insert "THIS ARTICLE 14.5 DOES NOT IMPOSE
CRIMINAL OR CIVIL LIABILITY ON A PEACE OFFICER LAWFULLY ENFORCING AN
ORDER PURSUANT TO THIS ARTICLE 14.5.
(2) A PERSON WHO FILES A MALICIOUS OR FALSE PETITION FOR A
TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME RISK
PROTECTION ORDER MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR THOSE
ACTS.
(3) A FEDERALLY LICENSED FIREARMS DEALER OR LAW ENFORCEMENT
AGENCY THAT STORES A FIREARM AS PERMITTED BY THIS ARTICLE 14.5 IS NOT
CIVILLY LIABLE FOR ANY RESULTING DAMAGES TO THE FIREARM, AS LONG AS
SUCH DAMAGE DID NOT RESULT FROM THE WILLFUL AND WRONGFUL ACT OR
GROSS NEGLIGENCE OF THE PERSON OR LAW ENFORCEMENT AGENCY STORING
THE FIREARM.".
Renumber succeeding subsections accordingly.
Page 36, after line 22 insert:
"SECTION 6. No appropriation. The general assembly has
determined that this act can be implemented within existing appropriations, and
therefore no separate appropriation of state money is necessary to carry out the
purposes of this act.".
Renumber succeeding section accordingly.
Senate Journal, March 10
SB23-170 by Senator(s) Sullivan and Fenberg, Fields, Jaquez Lewis, Kolker; also Representative(s)
Bacon and Weissman, Boesenecker, Duran, Froelich, Garcia, Jodeh, Joseph, Kipp, Parenti,
Vigil, Woodrow--Concerning extreme risk protection orders.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, March 8, page(s) 389-391 and placed in members' bill files.)
Amendment No. 2(L.010), by Senator Fenberg.
Amend printed bill, page 2, line 11, after "RESPONDENT" insert "OR THE
RESPONDENT'S CHILD".
Page 6, line 25, strike "CIVIL" insert "CIVIL, ADMINISTRATIVE,".
Page 11, line 14, strike "CIVIL" insert "CIVIL, ADMINISTRATIVE,".
Page 32, line 1, strike "CRIMINAL" insert "CRIMINAL, ADMINISTRATIVE,".
Amend the State, Veterans, & Military Affairs Committee Report, dated March
8, 2023, page 2, line 22 strike "SERVICES;"." and substitute "SERVICES; SCHOOL
PSYCHOLOGIST LICENSED PURSUANT TO SECTION 22-60.5-210; SCHOOL SOCIAL
WORKER HAS OBTAINED THE SPECIAL SERVICES LICENSE WITH SOCIAL WORK
ENDORSEMENT ISSUED PURSUANT TO ARTICLE 60.5 OF TITLE 22;".".
House Journal, March 23
16 SB23-170 be amended as follows, and as so amended, be referred to
17 the Committee on Appropriations with favorable
18 recommendation:
19
20 Amend reengrossed bill, page 5, line 11, after "WORKER" insert "WHO".
21
22 Page 7, after line 16 insert:
23
24 "(c) VENUE FOR FILING A PETITION PURSUANT TO THIS SECTION IS
25 PROPER IN ANY COUNTY WHERE THE ACTS THAT ARE THE SUBJECT OF THE
26 PETITION OCCUR, IN ANY COUNTY WHERE ONE OF THE PARTIES RESIDES, OR
27 IN ANY COUNTY WHERE ONE OF THE PARTIES IS EMPLOYED. THIS
28 REQUIREMENT FOR VENUE DOES NOT PROHIBIT THE CHANGE OF VENUE TO
29 ANY OTHER COUNTY APPROPRIATE UNDER APPLICABLE LAW.".
30
31 Page 12, strike lines 6 and 7 and substitute:
32
33 "(2) VENUE FOR FILING A PETITION PURSUANT TO THIS SECTION IS
34 PROPER IN ANY COUNTY WHERE THE ACTS THAT ARE THE SUBJECT OF THE
35 PETITION OCCUR, IN ANY COUNTY WHERE ONE OF THE PARTIES RESIDES, OR
36 IN ANY COUNTY WHERE ONE OF THE PARTIES IS EMPLOYED. THIS
37 REQUIREMENT FOR VENUE DOES NOT PROHIBIT THE CHANGE OF VENUE TO
38 ANY OTHER COUNTY APPROPRIATE UNDER APPLICABLE LAW.".
39
40 Page 35, after line 12, insert:
41
42 "SECTION 2. In Colorado Revised Statutes, add 24-33.5-118 as
43 follows:
44 24-33.5-118. Extreme risk protection order information
45 hotline. (1) THE DEPARTMENT SHALL, SUBJECT TO AVAILABLE RESOURCES
46 OR WITHIN EXISTING RESOURCES, ESTABLISH A HOTLINE TO RECEIVE AND
47 REFER CALLS FROM THE PUBLIC ABOUT EXTREME RISK PROTECTION
48 ORDERS, AND PROVIDE THE CALLERS WITH INFORMATION ABOUT FILING
49 FOR AN ORDER AND ABOUT OTHER RELEVANT RESOURCES. THE
50 DEPARTMENT IS NOT REQUIRED TO ESTABLISH A DEDICATED PHONE
51 NUMBER FOR THE HOTLINE AND MAY INSTEAD USE AN EXISTING PHONE
52 NUMBER USED BY THE DEPARTMENT TO RECEIVE AND RESPOND TO PUBLIC
53 REQUESTS OR INQUIRIES.
54 (2) THE DEPARTMENT SHALL COLLABORATE WITH ANY OTHER
55 STATE AGENCY TO OBTAIN THE INFORMATION NECESSARY OR BENEFICIAL
56 FOR RESPONDING TO THE REQUESTS.".
1 Renumber succeeding sections accordingly.
2
3
House Journal, March 24
25 SB23-170 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend reengrossed bill, page 37, strike lines 24 through 27 and
30 substitute:
31
32 "SECTION 6. Appropriation. (1) For the 2023-24 state fiscal
33 year, $140,462 is appropriated to the judicial department. This
34 appropriation is from the general fund. To implement this act, the
35 department may use this appropriation as follows:
36 (a) $110,008 for trial court programs, which amount is based on
37 an assumption that the department will require an additional 1.1 FTE; and
38 (b) $30,454 for capital outlay.
39 (2) For the 2023-24 state fiscal year, $238,846 is appropriated to
40 the department of public safety. This appropriation is from the general
41 fund and is based on an assumption that the department will require an
42 additional 2.8 FTE. To implement this act, the department may use this
43 appropriation for the extreme risk protection order hotline.".
44
45 Page 1, line 101, strike "ORDERS." and substitute "ORDERS, AND, IN
46 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
47
48
House Journal, March 25
10 Amendment No. 1, Appropriations Report, dated March 24, 2023, and
11 placed in member's bill file; Report also printed in House Journal, March
12 24, 2023.
13
14 Amendment No. 2, Judiciary Report, dated March 22, 2023, and placed
15 in member's bill file; Report also printed in House Journal, March 23,
16 2023.
17
18 Amendment No. 3, by Representative Weissman:
19
20 Amend the Judiciary Committee Report, dated March 22, 2023, page 1,
21 line 3, strike "(c)" and substitute "(c) (I)" and after "SECTION" insert "IF
22 THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER".
23
24 Page 1, line 8, strike "LAW.".". and substitute "LAW.".
25
26 Page 1, after line 8 add:
27
28 "(II) A PETITION FOR AN EXTREME RISK PROTECTION ORDER BY A
29 PETITIONER WHO IS NOT A FAMILY OR HOUSEHOLD MEMBER MUST BE FILED
30 IN THE COUNTY WHERE THE RESPONDENT RESIDES.".
31
32 Page 1, line 10, strike "(2)" and substitute "(2) (a)" and after "SECTION"
33 insert "IF THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER".
34
35 Page 1, line 15, strike "LAW.".". and substitute: "LAW.".
36
37 Page 1, after line 15 add:
38
39 "(b) A PETITION FOR AN EXTREME RISK PROTECTION ORDER BY A
40 PETITIONER WHO IS NOT A FAMILY OR HOUSEHOLD MEMBER MUST BE FILED
41 IN THE COUNTY WHERE THE RESPONDENT RESIDES.".
42
43 Page 1, after line 15 insert:
44
45 "Page 26, line 27, strike "THE RESPONDENT" and substitute "HE OR SHE".
46
47 Page 27, line 2, strike "THE RESPONDENT" and substitute "HIM OR HER".
48
49 Page 34, line 27, strike "THIS SB 23-___" and substitute "SB 23-170".
50
51 Page 35, lines 4 and 5, strike "THIS SB 23-___." and substitute "SB
52 23-170.".".
53
54
1 Amendment No. 4, by Representative Evans:
2
3 Amend the Judiciary Committee Report, dated March 22, 2023, page 2,
4 line 6, after the period add "THE HOTLINE SHALL NOT PROVIDE LEGAL
5 ADVICE OR SERVE AS AN AVENUE FOR AN INDIVIDUAL TO FILE A PETITION
6 FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME
7 RISK PROTECTION ORDER.".
8
9 Amendment No. 5, by Representative Evans:
10
11 Amend the Judiciary Committee Report, dated March 22, 2023, page 1,
12 line 20, after "(1)" add "(a)".
13
14 Page 2, after line 6 add:
15
16 "(b) THE HOTLINE SHALL NOT ADVISE A CALLER ON THE
17 RAMIFICATIONS CONCERNING THE FILING OR FALSE FILING OF A PETITION
18 FOR A TEMPORARY EXTREME RISK PROTECTION ORDER OR AN EXTREME
19 RISK PROTECTION ORDER. THE HOTLINE MAY REFER A CALLER TO THE
20 APPROPRIATE VENUE IN WHICH THE PETITION MAY BE FILED FOR FURTHER
21 INFORMATION CONCERNING SUCH RAMIFICATIONS.".
22
23 Amendment No. 6, by Representative Weissman:
24
25 Amend reengrossed bill, page 7, line 7, after "ORDER." insert "WHEN
26 PROTECTED HEALTH INFORMATION IS DISCLOSED OR WHEN THE COURT
27 RECEIVES ANY RECORDS OR DOCUMENTS RELATED TO DIAGNOSIS,
28 PROGNOSIS, OR TREATMENT OR CLINICAL RECORDS, THE COURT SHALL
29 ORDER THAT THE PARTIES ARE PROHIBITED FROM USING OR DISCLOSING
30 THE PROTECTED HEALTH INFORMATION FOR ANY PURPOSE OTHER THAN
31 THE PROCEEDINGS FOR A PETITION FOR A TEMPORARY EXTREME RISK
32 PROTECTION ORDER AND SHALL ORDER THE RETURN TO THE COVERED
33 ENTITY OR DESTROY THE PROTECTED HEALTH INFORMATION, INCLUDING
34 ALL COPIES MADE, AT THE END OF THE LITIGATION OR PROCEEDING.".
35
36 Page 11, line 23, after "ORDER." insert "WHEN PROTECTED HEALTH
37 INFORMATION IS DISCLOSED OR WHEN THE COURT RECEIVES ANY RECORDS
38 OR DOCUMENTS RELATED TO DIAGNOSIS, PROGNOSIS, OR TREATMENT OR
39 CLINICAL RECORDS, THE COURT SHALL ORDER THAT THE PARTIES ARE
40 PROHIBITED FROM USING OR DISCLOSING THE PROTECTED HEALTH
41 INFORMATION FOR ANY PURPOSE OTHER THAN THE PROCEEDINGS FOR A
42 PETITION FOR AN EXTREME RISK PROTECTION ORDER AND SHALL ORDER
43 THE RETURN TO THE COVERED ENTITY OR DESTROY THE PROTECTED
44 HEALTH INFORMATION, INCLUDING ALL COPIES MADE, AT THE END OF THE
45 LITIGATION OR PROCEEDING.".
46
47 Amendment No. 7, by Representative Bockenfeld:
48
49 Amend reengrossed bill, page 32, line 27, after "OR" insert "KNOWINGLY".
50
51 Page 33, line 2, after "PROSECUTION" insert "OR CIVIL LIABILITY"
52
53 Consideration of SB23-170, as amended, continued on page 801.
54
55
1 A motion by Majority Leader Duran that the Committee rise, report
2 progress and beg leave to sit again at 6:00 p.m., was adopted by
3 unanimous consent.