SB 4

SENATE BILL 26-004
BY SENATOR(S) Sullivan and Gonzales J., Amabile, Ball, Cutter,
Danielson, Exum, Jodeh, Kipp, Kolker, Lindstedt, Michaelson Jenet,
Rodriguez, Wallace, Weissman, Coleman;
also REPRESENTATIVE(S) Froelich and Willford, Bacon, Boesenecker,
Brown, Camacho, Duran, Espenoza, Garcia, Gilchrist, Hamrick, Jackson,
Joseph, Lindsay, McCormick, Nguyen, Paschal, Rutinel, Rydin, Sirota,
Smith, Stewart R., Story, Titone, Woodrow, Zokaie, McCluskie.
CONCERNING WHO MAY PETITION A COURT FOR AN EXTREME RISK
        PROTECTION ORDER.
Be it enacted by the General Assembly of the State of Colorado:
        SECTION 1. In Colorado Revised Statutes, 13-14.5-102, amend
(1), (2), and (11); and add (6.5) as follows:
        13-14.5-102. Definitions.
      As used in this article 14.5, unless the context otherwise clearly
reqmres:
        (1) "Community member" means:
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.
       ( a) A licensed health-care professional or mental health professional
who, through a direct professional relationship, provided care to the
respondent or the respondent's child within six months before requesting the
protection order; or
       (b) An educator who, through a direct professional relationship,
interacted with the respondent or the respondent's child within six months
before requesting the protection order; OR
       ( c) A CO-RESPONDER WHO IS PART OF A CO-RESPONDER COMMUNITY
RESPONSE, AS DEFINED IN SECTION 24-32-3501 (8)(d), WHO, IN THEIR
CAPACITY AS A CO-RESPONDER, OR A COMMUNITY MEMBER, AS DEFINED IN
THIS SECTION, WHO, AS PART OF A LAW ENFORCEMENT AGENCY OR
EMERGENCY RESPONSE TEAM, PROVIDES ON-SITE CRISIS ASSESSMENT,
DE-ESCALATION, OR INTERVENTION SERVICES TO INDIVIDUALS IN CRISIS,
WHO INTERACTED WITH THE RESPONDENT OR THE RESPONDENT'S CHILD
WITHIN SIX MONTHS BEFORE REQUESTING THE PROTECTION ORDER BUT WHO
IS NOT A LAW ENFORCEMENT OFFICER WHO RESPONDED TO A BEHAVIORAL
HEALTH-RELATED CALL INVOLVING THE RESPONDENT.
       (2) "Educator" means a teacher employed to instruct students or a
school administrator in a school district, private school, charter school
institute, or an individual charter school; or a faculty member at an
institution of higher education, INCLUDING A COMMUNITY COLLEGE, A
LOCAL DISTRICT COLLEGE, OR AN AREA TECHNICAL COLLEGE.
       ( 6.5) "INSTITUTIONAL PETITIONER" MEANS AN ENTITY THAT EMPLOYS
OR CONTRACTS WITH A COMMUNITY MEMBER AS DEFINED IN THIS SECTION,
INCLUDING, BUT NOT LIMITED TO:
       (a) A SCHOOL DISTRICT;
       (b) A PRIVATE SCHOOL;
       ( c) THE STATE CHARTER SCHOOL INSTITUTE CREATED IN SECTION
22-30.5-503;
       ( d)   AN INDIVIDUAL DISTRICT CHARTER SCHOOL OR INSTITUTE
CHARTER SCHOOL;
PAGE 2-SENATE BILL 26-004
     (e) AN INSTITUTION OF HIGHER EDUCATION, INCLUDING A
COMMUNITY COLLEGE, ALOCAL DISTRICT COLLEGE, OR AN AREA TECHNICAL
COLLEGE;
     (f)  A HOSPITAL OR HEALTH-CARE FACILITY LICENSED IN
ACCORDANCE WITH THE REQUIREMENTS OF PART 1 OF ARTICLE 3 OF TITLE 25;
OR
     (g) A BEHAVIORAL HEALTH OR SUBSTANCE USE DISORDER
TREATMENT FACILITY, BEHAVIORAL HEALTH ENTITIES, OR OTHER FACILITY
WHERE BEHAVIORAL HEALTH CRISIS SERVICES ARE OFFERED.
      (11) "Respondent" means the person, INCLUDING A PERSON UNDER
EIGHTEEN YEARS OLD who is identified as the respondent in a petition filed
pursuant to this article 14.5.
        SECTION 2. In Colorado Revised Statutes, 13-14.5-103, amend
(l)(a) and (l)(b) as follows:
       13-14.5-103. Temporary extreme risk protection orders.
        (1) (a) A family or household member of the respondent, a
community member, AN INSTITUTIONAL PETITIONER, or a law enforcement
officer or agency may request a temporary extreme risk protection order
without notice to the respondent by including in the petition for the extreme
risk protection order an affidavit, signed under oath and penalty of perjury,
supporting the issuance of a temporary extreme risk protection order that
sets forth the facts tending to establish the grounds of the petition or the
reason for believing they exist and, if the petitioner is a family or household
member or community member, attesting that the petitioner is a family or
household member or community member. The petition must comply with
the requirements of section 13-14.5-104 (3 ). If the petitioner is a law
enforcement officer or law enforcement agency, AND IF THE LA w
ENFORCEMENT OFFICER OR LAW ENFORCEMENT AGENCY HAS PROBABLE
CAUSE TO BELIEVE THE RESPONDENT HAS FIREARMS WITHIN THEIR CUSTODY,
CONTROL, OR POSSESSION, the law enforcement officer or law enforcement
agency shall concurrently file a sworn affidavit for a COURT TO ISSUE A
search warrant pursuant to section 16-3-301.5 to search for any firearms in
the possession, CUSTODY, or control of the respondent at a location or
locations to be named in the warrant. If a petition filed pursuant to section
PAGE 3-SENATE BILL 26-004
27-65-106 is also filed against the respondent, a court of competent
jurisdiction may hear that petition at the same time as the hearing for a
temporary extreme risk protection order or the hearing for a continuing
extreme risk protection order.
        (b) Notwithstanding any provision oflaw to the contrary, a licensed
health-eat e pt ofessional ot mental health pt ofessional COMMUNITY MEMBER
OR INSTITUTIONAL PETITIONER authorized to file a petition for a temporary
extreme risk protection order, upon filing the petition for a temporary
extreme risk protection order, is authorized to disclose protected health
information of the respondent as necessary for the full investigation and
disposition of the request for a temporary extreme risk protection order.
When disclosing protected health information, the licensed health-care
professional ot mental health professional COMMUNITY MEMBER OR
INSTITUTIONAL PETITIONER shall make reasonable efforts to limit protected
health information to the minimum necessary to accomplish the filing of the
petition. Upon receipt of a petition by a licensed health-care professional ot
mental health professional, COMMUNITY MEMBER OR INSTITUTIONAL
PETITIONER, and for good cause shown, the court may issue orders to obtain
any records or documents relating to diagnosis, prognosis, or treatment, and
clinical records, of the respondent as necessary for the full investigation and
disposition of the petition for a temporary extreme risk protection order.
When protected health information is disclosed or when the court receives
any records or documents related to diagnosis, prognosis, or treatment or
clinical records, the court shall order that the parties are prohibited from
using or disclosing the protected health information for any purpose other
than the proceedings for a petition for a temporary extreme risk protection
order and shall order the return to the covered entity or destroy the protected
health information, including all copies made, at the end of the litigation or
proceeding. The court shall seal all records and other health information
received that contain protected health information. The decision of a
licensed health-cat e pt ofessional 01 mental health pt ofessional COMMUNITY
MEMBER OR INSTITUTIONAL PETITIONER to disclose or not to disclose
records or documents relating to the diagnosis, prognosis, or treatment, and
clinical records of a respondent, when made reasonably and in good faith,
shall not be the basis for any civil, administrative, or criminal liability with
respect to the licensed health-eat e professional ot licensed mental health
professional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER.
       SECTION 3. In Colorado Revised Statutes, 13-14.5-104, amend
PAGE 4-SENATE BILL 26-004
(l)(a) and (l)(b) as follows:
       13-14.5-104. Petition for extreme risk protection order.
        (1) (a) A petition for an extreme risk protection order may be filed
by a family or household member of the respondent, a community member,
AN INSTITUTIONAL PETITIONER, or a law enforcement officer or agency. If
the petition is filed by a law enforcement officer or agency, a county or city
attorney shall represent the officer or agency in any judicial proceeding
upon request. If the petition is filed by a family or household member or
community member, the petitioner, to the best of the petitioner's ability,
shall notify the law enforcement agency in the jurisdiction where the
respondent resides of the petition and the hearing date with enough advance
notice to allow for participation or attendance. Upon the filing of a petition,
the court shall appoint an attorney to represent the respondent, and the court
shall include the appointment in the notice of hearing provided to the
respondent pursuant to section 13-14.5-105 (l)(a). The respondent may
replace the attorney with an attorney of the respondent's own selection at
any time at the respondent's own expense. The court shall pay the attorney
fees for an attorney appointed for the respondent.
        (b) Notwithstanding any provision oflaw to the contrary, a licensed
health-care professional or mental health professional COMMUNITY MEMBER
OR INSTITUTIONAL PETITIONEK-autlrorized to fil~nr petitfon for an-extreme
risk protection order, upon filing the petition for an extreme risk protection
order, is authorized to disclose protected health information of the
respondent as necessary for the full investigation and disposition of the
petition for an extreme risk protection order. When disclosing protected
health information, the licensed health-care professional or mental health
professional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER shall
make reasonable efforts to limit protected health information to the
minimum necessary to accomplish the filing of the request. Upon receipt of
a petition by a licensed health-care professional or mental health
professional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER, and for
good cause shown, the court may issue orders to obtain any records or
documents relating to diagnosis, prognosis, or treatment, and clinical
records of the respondent as necessary for the full investigation and
disposition of the petition for an extreme risk protection order. When
protected health information is disclosed or when the court receives any
records or documents related to diagnosis, prognosis, or treatment or
PAGE 5-SENATE BILL 26-004
clinical records, the court shall order that the parties are prohibited from
using or disclosing the protected health information for any purpose other
than the proceedings for a petition for an extreme risk protection order and
shall order the return to the covered entity or destroy the protected health
information, including all copies made, at the end of the litigation or
proceeding. The court shall seal all records and other health information
received that contain protected health information. The decision of a
licensed health-eat e pt ofessional ot mental health pt ofessional COMMUNITY
MEMBER OR INSTITUTIONAL PETITIONER to disclose or not to disclose
records or documents relating to the diagnosis, prognosis, or treatment, and
clinical records of a respondent, when made reasonably and in good faith,
must not be the basis for any civil, administrative, or criminal liability with
respect to the licensed health-eat e pt ofessional ot mental health pt ofessional
COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER.
       SECTION 4. In Colorado Revised Statutes, 13-14.5-107, amend
(2)(b) as follows:
        13-14.5-107. Termination or renewal of protection orders.
        (2) Renewal.
       (b) A petitioner, a family or household member of a respondent, a
community member, AN INSTITUTIONAL PETITIONER, or a law enforcement
officer or agency may, by motion, request a renewal of an extreme risk
protection order at any time within sixty-three calendar days before the
expiration of the order.
       SECTION 5. In Colorado Revised Statutes, 13-14.5-113, amend
(1) and (4) as follows:
        13-14.5-113. Liability.
        (1) Except as provided in section 13-14.5-111, this article 14.5 does
not impose criminal, administrative, or civil liability on any person,
including a community member, AN INSTITUTIONAL PETITIONER, or entity
for acts or omissions made in good faith related to obtaining an extreme risk
protection order or a temporary extreme risk protection order, including but
not limited to reporting, declining to report, investigating, declining to
investigate, filing, or declining to file a petition pursuant to this article 14.5.
PAGE 6-SENATE BILL 26-004
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.
        (4) This article 14.5 does not require a family or household member
of the respondent, a community member, AN INSTITUTIONAL PETITIONER, or
a law enforcement officer or agency to file a petition for a temporary
emergency extreme risk protection order or petition for an extreme risk
protection order.
       SECTION 6. 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 7-SENATE BILL 26-004
the support and maintenance of the departments of the state and state
institutions.
James Rashad Coleman, Sr.
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
 sther van Mourik  ~Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
      APPROVED uh YY\(H'\0°'-1 Arv;\ ~ t'- 2-cr2Jo "- \    I\: OOAl'r)
                              (Date and Time)
                Jare
                G  THE S ATE O       OLORADO
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