Amendments for SB13-197

Senate Journal, March 5
After consideration on the merits, the Committee recommends that SB13-197 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 8, strike lines 19 and 20 and substitute "THAT
QUALIFIES AS AN".

Page 12, line 3, strike "PARAGRAPH (c) OF SUBSECTION (3) OF THIS
SECTION" and substitute "THIS SUBSECTION (9)".

Page 12, strike lines 13 through 19 and substitute "COURT ON THE
RECORD TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, AS
DEFINED IN 18 U.S.C. SEC. 921 (a) (33), OR THAT IS PUNISHABLE BY A
TERM OF IMPRISONMENT EXCEEDING ONE YEAR AND INCLUDES AN ACT OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), THE".

Page 20, strike lines 23 and 24 and substitute "THAT QUALIFIES AS".

Page 24, line 3, strike "PARAGRAPH (c) OF SUBSECTION (3) OF THIS
SECTION" and substitute "THIS SUBSECTION (9)".

Page 24, strike lines 13 through 19 and substitute "COURT ON THE
RECORD TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, AS
DEFINED IN 18 U.S.C. SEC. 921 (a) (33), OR THAT IS PUNISHABLE BY A
TERM OF IMPRISONMENT EXCEEDING ONE YEAR AND INCLUDES AN ACT OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), THE".


State,
Veterans, &
Military
Affairs

Senate Journal, March 8
SB13-197 by Senator(s) Hudak, Newell; also Representative(s) McCann and Fields--Concerning
preventing persons who have committed domestic violence from possessing firearms.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, March 5, page(s) 381 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 6, page(s) 397 and placed in members' bill files.)

Amendment No. 3(L.009), by Senator Hudak.

Amend printed bill, page 7, line 21, after "(g)" insert "(I)".

Page 8, line 3, strike "(I)" and substitute "(A)".

Page 8, line 5, strike "(II)" and substitute "(B)".

Page 8, after line 6 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE RESPONDENT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 11, line 13, after "(g)" insert "(I)".

Page 11, line 22, strike "(I)" and substitute "(A)".

Page 11, line 24, strike "(II)" and substitute "(B)".

Page 11, after line 25 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 15, line 10, after "(g)" insert "(I)".

Page 15, line 19, strike "(I)" and substitute "(A)".

Page 15, line 22, strike "(II)" and substitute "(B)".

Page 15, after line 23 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF THIS
PARAGRAPH (g), THE COURT SHALL TAKE JUDICIAL NOTICE OF THE
DEFENDANT'S FAILURE TO FILE A RECEIPT OR WRITTEN STATEMENT, WHICH
WILL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE DEFENDANT HAS
VIOLATED THIS PARAGRAPH (g), AND TESTIMONY OF THE CLERK OF THE
COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 19, line 25, after "(g)" insert "(I)".

Page 20, line 7, strike "(I)" and substitute "(A)".

Page 20, line 9, strike "(II)" and substitute "(B)".

Page 20, after line 10 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE RESPONDENT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 23, line 13, after "(g)" insert "(I)".

Page 23, line 22, strike "(I)" and substitute "(A)".

Page 23, line 24, strike "(II)" and substitute "(B)".

Page 23, after line 25 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 27, line 6, after "(g)" insert "(I)".

Page 27, line 15, strike "(I)" and substitute "(A)".

Page 27, line 18, strike "(II)" and substitute "(B)".

Page 27, after line 19 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF THIS
PARAGRAPH (g), THE COURT SHALL TAKE JUDICIAL NOTICE OF THE
DEFENDANT'S FAILURE TO FILE A RECEIPT OR WRITTEN STATEMENT, WHICH
WILL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE DEFENDANT HAS
VIOLATED THIS PARAGRAPH (g), AND TESTIMONY OF THE CLERK OF THE
COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".


Amendment No. 4(L.010), by Senator Hudak.

Amend printed bill, page 4, strike line 23 and substitute "(8), THE COURT,
AS PART OF SUCH ORDER:
(I) SHALL ORDER THE PERSON TO:".

Page 4, line 24, strike "(I)" and substitute "(A)".

Page 4, line 26, strike "(II)" and substitute "(B)".

Page 5, strike line 2 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE PERSON IS RELEASED FROM
CUSTODY ON BOND, THE PERSON SHALL RELINQUISH, FOR THE DURATION
OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL.".

Page 6, line 8, strike "INVESTIGATION" and substitute "INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU",".

Page 6, strike lines 14 through 19 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE RESPONDENT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE RESPONDENT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
RESPONDENT'S INCARCERATION. IN SUCH A CASE, A RESPONDENT'S
FAILURE TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 6, line 23, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE RESPONDENT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
RESPONDENT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
RESPONDENT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 7, after line 7 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION
(22), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN THE FIREARM
OR AMMUNITION TO THE RESPONDENT UNLESS THE AGENCY EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE RESPONDENT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE RESPONDENT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A PERSON PURSUANT TO THIS SUBSECTION
(22) MAY ELECT TO CEASE STORING THE FIREARM OR AMMUNITION. A
LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE STORING A FIREARM
OR AMMUNITION FOR A PERSON SHALL NOTIFY THE PERSON OF SUCH
DECISION AND REQUEST THAT THE PERSON IMMEDIATELY MAKE
ARRANGEMENTS FOR THE TRANSFER OF THE POSSESSION OF THE FIREARM
OR AMMUNITION TO THE PERSON OR, IF THE PERSON IS PROHIBITED FROM
POSSESSING A FIREARM, TO ANOTHER PERSON WHO IS LEGALLY
PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE PERSON AS
DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g), THE LAW
ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION
IF THE PERSON FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
FIREARM OR AMMUNITION AND TO COMPLETE SAID TRANSFER WITHIN
NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 7, line 23, strike "(f)" and substitute "(h)".

Page 7, line 26, strike "(f)" and substitute "(h)".

Page 8, line 2, strike "(g):" and substitute "(i):".

Page 8, after line 14 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A PERSON
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A PERSON IN GOOD FAITH AS PERMITTED
BY PARAGRAPH (f) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".
Page 8, line 18, strike "PERSON" and substitute "DEFENDANT".

Page 8, strike line 22 and substitute "SUCH ORDER:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 8, line 23, strike "(I)" and substitute "(A)".

Page 8, line 25, strike "(II)" and substitute "(B)".

Page 8, line 26, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 8, line 27, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 9, strike line 1 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 9, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 6, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 9, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 23, strike "PERSON" and substitute "DEFENDANT".

Page 10, line 1, strike "INVESTIGATION" and substitute "INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU",".

Page 10, line 4, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, strike lines 7 through 11 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 10, line 14, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, line 15, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 10, line 24, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, line 25, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, after line 26 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A DEFENDANT AND NOTIFIES THE
DEFENDANT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g),
THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR
AMMUNITION IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE
TRANSFER OF THE FIREARM OR AMMUNITION AND TO COMPLETE SAID
TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 10, line 27, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 14, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 15, strike "(f)" and substitute "(h)".

Page 11, line 18, strike "(f)" and substitute "(h)".

Page 11, line 19, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 21, strike "(g):" and substitute "(i):".

Page 11, line 24, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 11, line 27, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 12, after line 6 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (9) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (9) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 12, line 10, strike "PERSON" and substitute "DEFENDANT".

Page 12, line 11, strike "PERSON" and substitute "DEFENDANT".

Page 12, line 19, strike "ACTOR" and substitute "DEFENDANT".

Page 12, strike line 20 and substitute "COURT:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 12, line 21, strike "(I)" and substitute "(A)".

Page 12, line 23, strike "(II)" and substitute "(B)".

Page 12, line 23, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 12, line 24, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 12, strike line 25 and substitute "IMMEDIATE POSSESSION OR
CONTROL; AND
(II) MAY REQUIRE THAT, BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 13, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 13, line 5, strike "RESPONDENT" and substitute "DEFENDANT".

Page 13, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 13, line 20, strike "PERSON" and substitute "DEFENDANT".

Page 13, line 25, strike "INVESTIGATION" and substitute "INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU",".

Page 14, strike lines 4 through 8 and substitute "ENFORCEMENT AGENCY,
THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 14, line 11, strike "RESPONDENT" and substitute "DEFENDANT".

Page 14, line 12, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 14, line 21, strike "RESPONDENT" and substitute "DEFENDANT".

Page 14, after line 23 insert:
"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., OR PURSUANT TO 18 U.S.C. SEC. 922, BE CONDUCTED OF THE
DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A DEFENDANT AND NOTIFIES THE
DEFENDANT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g),
THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR
AMMUNITION IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE
TRANSFER OF THE FIREARM OR AMMUNITION AND COMPLETE SAID
TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 15, line 12, strike "(f)" and substitute "(h)".

Page 15, line 15, strike "(f)" and substitute "(h)".

Page 15, line 18, strike "(g):" and substitute "(i):".

Page 15, after line 23 insert:

"(j) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (8) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (8) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 16, strike lines 23 and 24 and substitute "WITH THE COURT AS
DESCRIBED IN SECTION 13-14-102 (22) (i), C.R.S., OR IN SECTION
18-1-1001 (9) (i) OR 18-6-801(8) (i).".

Page 17, strike line 4 and substitute "(8), THE COURT, AS PART OF SUCH
ORDER:
(I) SHALL ORDER THE PERSON TO:".

Page 17, line 5, strike "(I)" and substitute "(A)".

Page 17, line 7, strike "(II)" and substitute "(B)".

Page 17, strike line 10 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE PERSON IS RELEASED FROM
CUSTODY ON BOND, THE PERSON SHALL RELINQUISH, FOR THE DURATION
OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL.".

Page 18, strike lines 19 through 24 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE RESPONDENT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE RESPONDENT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
RESPONDENT'S INCARCERATION. IN SUCH A CASE, A RESPONDENT'S
FAILURE TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 19, line 1, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE RESPONDENT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S. REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU", TO REQUEST THAT A BACKGROUND CHECK, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE
RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
RESPONDENT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
RESPONDENT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 19, after line 12 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION
(22), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN THE FIREARM
OR AMMUNITION TO THE RESPONDENT UNLESS THE AGENCY EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE RESPONDENT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE RESPONDENT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A PERSON PURSUANT TO THIS SUBSECTION
(22) MAY ELECT TO CEASE STORING THE FIREARM OR AMMUNITION. A
LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE STORING A FIREARM
OR AMMUNITION FOR A PERSON SHALL NOTIFY THE PERSON OF SUCH
DECISION AND REQUEST THAT THE PERSON IMMEDIATELY MAKE
ARRANGEMENTS FOR THE TRANSFER OF THE POSSESSION OF THE FIREARM
OR AMMUNITION TO THE PERSON OR, IF THE PERSON IS PROHIBITED FROM
POSSESSING A FIREARM, TO ANOTHER PERSON WHO IS LEGALLY
PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE PERSON AS
DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g), THE LAW
ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION
IF THE PERSON FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
FIREARM OR AMMUNITION AND COMPLETE SAID TRANSFER WITHIN NINETY
DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 19, line 22, strike "COLORADO BUREAU OF INVESTIGATION" and
substitute "BUREAU".

Page 19, line 27, strike "(f)" and substitute "(h)".

Page 20, line 3, strike "(f)" and substitute "(h)".

Page 20, line 6, strike "(g):" and substitute "(i):".

Page 20, after line 18 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A PERSON
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A PERSON IN GOOD FAITH AS PERMITTED
BY PARAGRAPH (f) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 20, line 22, strike "PERSON" and substitute "DEFENDANT".

Page 20, strike line 26 and substitute "OF SUCH ORDER:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 20, line 27, strike "(I)" and substitute "(A)".

Page 21, line 2, strike "(II)" and substitute "(B)".

Page 21, line 3, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 21, line 4, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 21, strike line 5 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 21, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 10, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 11, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 13, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 27, strike "PERSON" and substitute "DEFENDANT".

Page 22, line 5, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, strike lines 8 through 12 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 22, line 15, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, line 16, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU", TO REQUEST THAT A BACKGROUND CHECK, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE
DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 22, line 25, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, line 26, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, after line 27 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE DEFENDANT
AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g), THE LAW
ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION
IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF
THE FIREARM OR AMMUNITION AND COMPLETE SAID TRANSFER WITHIN
NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 23, line 1, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 4, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 8, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 10, strike "COLORADO BUREAU OF INVESTIGATION" and
substitute "BUREAU".

Page 23, line 14, strike "RESPONDENT," and substitute "DEFENDANT,".

Page 23, line 15, strike "(f)" and substitute "(h)".

Page 23, line 17, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 18, strike "(f)" and substitute "(h)".

Page 23, line 19, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 21, strike "(g):" and substitute "(i):".

Page 23, line 24, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 23, line 27, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 24, after line 6 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (9) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (9) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 24, line 11, strike "PERSON" and substitute "DEFENDANT".

Page 24, line 19, strike "ACTOR" and substitute "DEFENDANT".

Page 24, strike line 20 and substitute "COURT:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 24, line 21, strike "(I)" and substitute "(A)".

Page 24, line 23, strike "(II)" and substitute "(B)".

Page 24, line 23, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 24, line 24, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 24, strike line 25 and substitute "IMMEDIATE POSSESSION OR
CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 25, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 25, line 5, strike "RESPONDENT" and substitute "DEFENDANT".

Page 25, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 25, line 20, strike "PERSON" and substitute "DEFENDANT".

Page 26, strike lines 1 through 5 and substitute "ENFORCEMENT AGENCY,
THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT."

Page 26, line 8, strike "RESPONDENT" and substitute "DEFENDANT".
Page 26, line 9, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU", TO REQUEST THAT A BACKGROUND CHECK, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE
DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 26, line 18, strike "RESPONDENT" and substitute "DEFENDANT".

Page 26, after line 20 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A DEFENDANT AND NOTIFIES THE
DEFENDANT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g),
THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR
AMMUNITION IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE
TRANSFER OF THE FIREARM OR AMMUNITION AND COMPLETE SAID
TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 27, line 3, strike "COLORADO BUREAU OF INVESTIGATION" and
substitute "BUREAU".

Page 27, line 8, strike "(f)" and substitute "(h)".

Page 27, line 11, strike "(f)" and substitute "(h)".

Page 27, line 14, strike "(g):" and substitute "(i):".

Page 27, after line 19 insert:

"(j) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (8) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (8) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".


Amendment No. 5(L.012), by Senator Hudak.

Amend the Hudak floor amendment (SB197_L.010), page 1, line 19,
strike "c)," and substitute "(c),".

Page 6 of the floor amendment, strike line 23.

Page 14 of the floor amendment, strike line 34 and substitute:

"Page 23 of the printed bill, line 14, strike "RESPONDENT" and substitute
"DEFENDANT".".

Page 15 of the floor amendment, strike line 2 and substitute:

"Page 23 of the bill, line 17, strike "RESPONDENT," and substitute
"DEFENDANT,".".

Page 15 of the floor amendment, after line 17 insert:

"Page 24 of the bill, line 10, strike "PERSON" and substitute
"DEFENDANT".".

Page 15 of the floor amendment, strike line 19.


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.



House Journal, April 1
28 SB13-197 be amended as follows, and as so amended, be referred to
29 the Committee on Appropriations with favorable
30 recommendation:
31
32 Amend reengrossed bill, page 4, strike lines 17 through 27.
33
34 Strike pages 5 through 22.
35
36 Page 23, strike lines 1 through 21.
37
38 Renumber succeeding sections accordingly.
39
40 Page 27, strike lines 12 through 24 and substitute "THE DEALER:
41 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
42 CHECK OF THE RESPONDENT BE PERFORMED; AND
43 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
44 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
45
46 Page 28, strike lines 12 through 22 and substitute "OR AMMUNITION TO
47 THE RESPONDENT UNLESS THE AGENCY:
48 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
49 CHECK OF THE RESPONDENT BE PERFORMED; AND
50 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
51 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
52
53 Page 30, strike lines 11 through 16 and substitute:
54
55 "(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
56 PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (i), THE COURT SHALL
1 TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A RECEIPT
2 OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE EVIDENCE
3 OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO SECTION
4 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF THE COURT
5 OR HIS OR HER DEPUTY IS NOT REQUIRED.".
6
7 Page 33, strike lines 16 through 27 and substitute "THE DEALER:
8
9 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
10 CHECK OF THE DEFENDANT BE PERFORMED; AND
11
12 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
13 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
14
15 Page 34, strike line 1.
16
17 Page 34, strike lines 16 through 27 and substitute "FIREARM OR
18 AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY:
19
20 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
21 CHECK OF THE DEFENDANT BE PERFORMED; AND
22
23 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
24 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
25
26 Page 36, line 16, strike "(g)," and substitute "(i),".
27
28 Page 39, strike lines 25 through 27 and substitute "THE DEALER:
29
30 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
31 CHECK OF THE DEFENDANT BE PERFORMED; AND
32
33 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
34 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
35
36 Page 40, strike lines 1 through 10.
37
38 Page 40, strike lines 25 through 27 and substitute "FIREARM OR
39 AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY:
40
41 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
42 CHECK OF THE DEFENDANT BE PERFORMED; AND
43
44 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
45 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
46
47 Page 41, strike lines 1 through 9.
48
49 Page 42, line 27, strike "(g)," and substitute "(i),".
50
51 Page 43, line 3, strike "(g)," and substitute "(i),".
52
753 Page 44, strike lines 2 through
54
55 Renumber succeeding section accordingly.
56
1 LOCAL GOVERNMENT
2 After consideration on the merits, the Committee recommends the
3 following:
4