HB 1009

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1009
     BY REPRESENTATIVE(S) Duran and Gonzalez R., Barron, Bradley,
     Brooks, Brown, Caldwell, Camacho, Clifford, Froelich, Garcia, Goldstein,
     Hamrick, Jackson, Keltie, Lieder, Lindsay, Lukens, Mabrey, Marshall,
     Mauro, McCormick, Nguyen, Paschal, Rutinel, Rydin, Sirota, Smith,
     Stewart K., Stewart R., Story, Titone, Winter T., McCluskie;
     also SENATOR(S) Wallace and Pelton B., Amabile, Ball, Benavidez,
     Bridges, Cutter, Daugherty, Exum, Frizell, Gonzales J., Hinrichsen, Jodeh,
     Kipp, Kirkmeyer, Kolker, Lindstedt, Marchman, Mullica, Pelton R., Rich,
     Roberts, Rodriguez, Simpson, Snyder, Sullivan, Weissman, Coleman.
     CONCERNING USING A MANDATORY LETHALITY ASSESSMENT WHEN
          RESPONDING TO A DOMESTIC VIOLENCE INCIDENT.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, add 18-6-807 as
     follows:
            18-6-807. Mandatory lethality assessments - short title -
     legislative declaration - definitions.
             (1)     Short title. THE SHORT TITLE OF THIS SECTION IS THE
     ________
     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.
"COLORADO MANDATORY LETHALITY ASSESSMENT ACT".
      (2) Legislative declaration. THE GENERAL ASSEMBLY FINDS AND
DECLARES THAT REQUIRING LAW ENFORCEMENT AGENCIES TO ADMINISTER
A STANDARDIZED, EVIDENCE-BASED LETHALITY ASSESSMENT WHEN
RESPONDING TO A DOMESTIC VIOLENCE INCIDENT WILL ENSURE HIGH-RISK
VICTIMS PROMPTLY RECEIVE SAFETY RESOURCES AND REFERRALS.
     (3) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
      (a)  "DOMESTIC VIOLENCE INCIDENT" MEANS AN INCIDENT OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3.
      (b) "HIGH-RISK VICTIM" MEANS A VICTIM WHO IS DETERMINED
HIGH-RISK BY A LETHALITY ASSESSMENT OR BY A PEACE OFFICER PURSUANT
TO SUBSECTION (4) OF THIS SECTION.
      (c)    "LETHALITY    ASSESSMENT" MEANS A VALIDATED,
EVIDENCE-BASED SCREENING TOOL THAT INCLUDES STANDARDIZED
QUESTIONS AND THAT IS ADMINISTERED BY A PEACE OFFICER WHEN
RESPONDING TO A REPORT OF DOMESTIC VIOLENCE.
     (d) "PEACE OFFICER" MEANS A PERSON CERTIFIED BY THE P.O.S.T.
BOARD PURSUANT TO SECTION 24-31-305 WHO RESPONDS TO AND
INVESTIGATES INITIAL REPORTS OF DOMESTIC VIOLENCE AS PART OF THE
PEACE OFFICER'S ROUTINE DUTIES. A "PEACE OFFICER" DOES NOT INCLUDE
A PAROLE OR PROBATION OFFICER.
      (4) Mandatory lethality assessment.
      (a) BEGINNING JULY 1, 2027, A PEACE OFFICER IS REQUIRED TO
CONDUCT A LETHALITY ASSESSMENT WHEN RESPONDING TO A DOMESTIC
VIOLENCE INCIDENT AND INCLUDE THE COMPLETED LETHALITY ASSESSMENT
IN THE INCIDENT REPORT. THIS SUBSECTION (4)(a) DOES NOT REQUIRE A
PEACE OFFICER TO ADMINISTER A LETHALITY ASSESSMENT IF A VICTIM IS
UNAVAILABLE, NOT AT THE SCENE, INCAPACITATED, OR IF CIRCUMSTANCES
OTHERWISE MAKE THE ADMINISTRATION OF THE LETHALITY ASSESSMENT
IMPOSSIBLE OR IMPRACTICABLE.
PAGE 2-HOUSE BILL 26-1009
       (b) IF THE LETHALITY ASSESSMENT INDICATES THAT AN INDIVIDUAL
IS A HIGH-RISK VICTIM, OR IF THE ASSESSMENT DOES NOT INDICATE THE
VICTIM IS HIGH-RISK BUT A PEACE OFFICER DETERMINES THAT THE
INDIVIDUAL IS A HIGH-RISK VICTIM BASED ON THE TOTALITY OF THE
CIRCUMSTANCES, THE PEACE OFFICER SHALL IMMEDIATELY CONTACT A
COMMUNITY-BASED VICTIM'S ADVOCATE, AS DEFINED IN SECTION 13-90-107
(1)(k)(II), EITHER BY PHONE OR IN PERSON, AND PROVIDE THE HIGH-RISK
VICTIM THE OPPORTUNITY TO SPEAK WITH THE COMMUNITY-BASED VICTIM'S
ADVOCATE.
      (5) Training and implementation.
     (a) THE ATTORNEY GENERAL'S OFFICE, IN CONSULTATION WITH A
COLORADO-BASED COALITION THAT ADVOCATES FOR SURVIVORS OF
DOMESTIC VIOLENCE, SHALL DEVELOP A MANDATORY TRAINING FOR PEACE
OFFICERS TO LEARN HOW TO ADMINISTER THE LETHALITY ASSESSMENT AND
PROVIDE VICTIM REFERRALS PURSUANT TO SUBSECTION (4) OF THIS SECTION.
AT A MINIMUM, THE TRAINING MUST ADDRESS LANGUAGE ACCESS.
      (b) NO LATER THAN JUNE 1, 2027, THE ATTORNEY GENERAL SHALL
MAKE THE MANDATORY TRAINING AVAILABLE AND OFFER ASSISTANCE TO
LAW ENFORCEMENT AGENCIES IN PROVIDING THE MANDATORY TRAINING.
      (c) BEGINNING JULY 1, 2027, EACH LAW ENFORCEMENT AGENCY
SHALL ENSURE THAT EACH PEACE OFFICER EMPLOYED BY THE AGENCY HAS
COMPLETED THE MANDATORY TRAINING DEVELOPED PURSUANT TO THIS
SUBSECTION (5). A LAW ENFORCEMENT AGENCY THAT HAS PROVIDED
TRAINING ON THE ADMINISTRATION OF LETHALITY ASSESSMENTS PRIOR TO
JULY 1, 2027, IS NOT REQUIRED TO PROVIDE ADDITIONAL TRAINING
PURSUANT TO THIS SUBSECTION (5)(c).
      (6) Reporting and oversight.
      (a) BEGINNING JANUARY 2028, AND EACH JANUARY THEREAFTER,
THE ATTORNEY GENERAL'S OFFICE SHALL REPORT THE TOTAL NUMBER OF
DOMESTIC VIOLENCE INCIDENTS IN THE PREVIOUS CALENDAR YEAR, THE
TOTAL NUMBER OF LETHALITY ASSESSMENTS CONDUCTED, THE TOTAL
NUMBER OF HIGH-RISK VICTIMS IDENTIFIED, AND THE TOTAL NUMBER OF
REFERRALS MADE, AS PART OF THE OFFICE'S "SMART ACT" PRESENTATION
REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.
PAGE 3-HOUSE BILL 26-1009
      (b) NO LATER THAN JANUARY 31, 2030, THE DOMESTIC VIOLENCE
FATALITY REVIEW BOARD CREATED IN SECTION 24-31-702 SHALL EVALUATE
THE EFFECTIVENESS OF MANDATORY LETHALITY ASSESSMENTS AND
REFERRAL TO RESOURCES PURSUANT TO THIS SECTION AND SUBMIT THE
EVALUATION TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE
AND THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES.
       (c) EACH LAW ENFORCEMENT AGENCY THAT UTILIZES A LETHALITY
ASSESSMENT SHALL ANNUALLY REPORT THE FOLLOWING INFORMATION TO
THE ATTORNEY GENERAL'S OFFICE, IN A MANNER PRESCRIBED BY THE
ATTORNEY GENERAL:
      (I) THE TOTAL NUMBER OF DOMESTIC VIOLENCE INCIDENTS THE LAW
ENFORCEMENT AGENCY RESPONDED TO DURING THE PRECEDING CALENDAR
YEAR;
       (II) THE TOTAL NUMBER OF LETHALITY ASSESSMENTS CONDUCTED
BY THE LAW ENFORCEMENT AGENCY DURING THE PRECEDING CALENDAR
YEAR; AND
       (III) THE TOTAL NUMBER OF LETHALITY ASSESSMENTS THAT
RESULTED IN IDENTIFICATION OF A HIGH-RISK VICTIM.
     (7) Nonliability. THIS SECTION DOES NOT IMPOSE CRIMINAL,
ADMINISTRATIVE, OR CIVIL LIABILITY ON ANY PERSON FOR AN ACT OR
OMISSION MADE IN GOOD FAITH RELATED TO ADMINISTERING A LETHALITY
ASSESSMENT, INCLUDING, BUT NOT LIMITED TO, THE INTERPRETATION OR USE
OF A LETHALITY ASSESSMENT, DECIDING WHETHER TO ADMINISTER A
LETHALITY ASSESSMENT, OR DECLINING TO USE THE LETHALITY
ASSESSMENT.
       SECTION 2. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-HOUSE BILL 26-1009
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
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