SB 4 — Expand List of Petitioners for Protection Order

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.

CONCERNING WHO MAY PETITION A COURT FOR AN EXTREME RISK PROTECTION ORDERORDER. .

Be it enacted by the GeneralGeneralAssembly Assemblyofthe of the State ofofColorado: Colorado:

As used in this article 14.5, unless the context otherwise clearly requires:reqmres:

________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

(a) Alicensedhealth-careprofessionalormentalhealthprofessionalA licensed health-careprofessional or mental healthprofessional who, through a direct professional relationship, provided care to the respondentortherespondent'schildwithinsixmonthsbeforerequestingtherespondent or the respondent's child within six months before requesting the protection order;

OR (c) A CO-RESPONDERWHOISPARTOFACOCO-RESPONDERWHOISPARTOFA RESPONDERCOMMUNITYCO-RESPONDERCOMMUNITY RESPONSERESPONSE, , AS DEFINED IN SECTION 24-32-3501 (8)(d), WHOWHO, , IN THEIR CAPACITY AS A COCO-RESPONDER, -RESPONDEROR ,OR A COMMUNITY MEMBERMEMBER, ,ASAS DEFINED IN THIS SECTIONSECTION, ,WHO, WHO , AS PART OF A LAW ENFORCEMENT AGENCY OR EMERGENCY RESPONSE TEAMTEAM, , PROVIDES ONON-SITE -SITE CRISIS ASSESSMENTASSESSMENT, ,DE-ESCALATION, DE-ESCALATIONOR ,OR INTERVENTION SERVICES TO INDIVIDUALS IN CRISISCRISIS, , WHO INTERACTED WITH THE RESPONDENT OR THE RESPONDENTRESPONDENT'S S CHILD WITHINSIXMONTHSBEFOREREQUESTINGTHEPROTECTIONORDERBUTWHOWITHIN SIX MONTHS BEFOREREQUESTING THE PROTECTION ORDERBUT WHO IS NOT A LAW ENFORCEMENT OFFICER WHO RESPONDED TO A BEHAVIORAL HEALTHHEALTH-RELATED -RELATED CALL INVOLVING THE RESPONDENTRESPONDENT. .

or a faculty member at an institution ofo f higher education,NCLUDINGeducation, INCLUDING A COMMUNITY COLLEGECOLLEGE, , A LOCAL DISTRICT COLLEGECOLLEGE, ,OROR AN AREA TECHNICAL COLLEGECOLLEGE. .

(6.5) "ISTITUTIONALPETITIONER"INSTITUTIONALPETITIONER" "MEANSANENTITYTHATEMPLOYSMEANSANENTITYTHATEMPLOYS OR CONTRACTS WITH A COMMUNITY MEMBER AS DEFINED IN THIS SECTIONSECTION, ,INCLUDING, INCLUDINGBUT ,BUT NOT LIMITED TOTO: :

(a) A SCHOOL DISTRICTDISTRICT; ;

(b) A PRIVATE SCHOOLSCHOOL; ;

(c) TTHE HE STATE CHARTER SCHOOL INSTITUTE CREATED IN SECTION 22-30.5-503;

(d) AAN N INDIVIDUAL DISTRICT CHARTER SCHOOL OR INSTITUTE CHARTER SCHOOLSCHOOL; ;

PAGE 2-SENATE BILLB IL L 26-004 (e) AAN N INSTITUTION OF HIGHER EDUCATIONEDUCATION, , INCLUDING A COMMUNITYCOLLEGECOMMUNITYCOLLEGE,ALOCALDISTRICTCOLLEGE,ORANAREATECHNICAL ,ALOCALDISTRICTCOLLEGECOLLEGE; ,ORANAREATECHNICAL COLLEGE ;

(f) A HOSPITAL OR HEALTHHEALTH-CARE -CARE FACILITY LICENSED IN ACCORDANCEWITHTHEREQUIREMENTSOFPARTACCORDANCEWITHTHEREQUIREMENTSOFPART1OFARTICLE3OFTITLE25; 1OFARTICLE 3OFTITLE 25;

OR (g) A BEHAVIORAL HEALTH OR SUBSTANCE USE DISORDER TREATMENTTREATMENTFACILITY, FACILITYBEHAVIORALHEALTHENTITIES, ,BEHAVIORALOROTHERFACILITY HEALTHWHEREBEHAVIORALHEALTHCRISISSERVICESAREOFFERED. ENTITIES ,OR OTHER FACILITY WHERE BEHAVIORAL HEALTH CRISIS SERVICES ARE OFFERED .

(11) "Respondent" means the person, INCLUDINGINCLUDINGAPERSONUNDER AEIGHTEENYEARSOLDwho PERSON UNDER EIGHTEEN YEARS OLD who is identified as the respondent in aapetition petition filed pursuant to this article 14.5.

In Colorado Revised Statutes, 13-14.5-103, amend (1)(a)(l)(a) and (1)(b)(l)(b) as follows:

(1) (a) A family or household member of the respondent, a communitymember,community ANmember, INSTITUTIONALANINSTITUTIONALPETITIONER, PETITIONER , or a law enforcement officer or agency may request a temporary extreme risk protection order withoutnoticetotherespondentbyincludinginthepetitionfortheextremewithoutnoticeto the respondent by including inthe petition for the extreme risk protection order an affidavit, signed under oath and penaltyofpenalty perjury,ofperjury, 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 reasonforbelievingtheyexistand,ifthepetitionerisafamilyorhouseholdreason for believingthey exist and, ifthepetitioneris afamily orhousehold member or community member, attesting that the petitioner is a family or household member or communitymember.community member.

The petition must complywithcomply 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 LAWLA w ENFORCEMENT OFFICER OR LAWLAWENFORCEMENT ENFORCEMENT AGENCY HAS PROBABLE CAUSETOBELIEVETHERESPONDENTHASFIREARMSWITHINTHEIRCUSTODYCAUSETOBELIEVETHERESPONDENTHASFIREARMSWITHINTHEIRCUSTODY, ,CONTROL,ORPOSSESSION, CONTROL ,OR POSSESSION, the law enforcement officer or law enforcement agency shall concurrently file a sworn affidavit for aRTa TOCOURTTOISSUE ISSUE A search warrant pursuant to section 16-3-301.5 to search for anyfirearmsany firearms in the possession,CUSTODYpossession, ,CUSTODY, or control of the respondent at a location or locations to be named in the warrant.

IfIfa 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) Notwithstandinganyprovisionoflawtothecontrary,alicensedNotwithstanding health-careprofessionalormentalhealthprofessionalany COMMUNITYMEMBERprovision oflaw to the contrary, a licensed health-eateptofessionalot mentalhealthptofessional 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 orot mental health professional COMMUNITY MEMBER OR INSTITUTIONALPETITIONERINSTITUTIONAL shallmakereasonableeffortstolimitprotectedPETITIONER healthinformationtotheminimumnecessarytoaccomplishthefilingoftheshall petition.Uponreceiptofapetitionbyalicensedhealth-careprofessionalormake mentalreasonable healthefforts professional,to COMMUNITYlimitprotected MEMBERhealth ORinformationto INSTITUTIONAL PETITIONER ,andforgoodcauseshown,thecourtmayissueorderstoobtain anyrecordsordocumentsrelatingtodiagnosis,prognosis,ortreatment,and clinicalrecords,oftherespondentasnecessaryforthefullinvestigationand disposition of the petitionminimum fornecessary ato temporaryaccomplishthe extremefiling riskofthe protectionpetition. order.

WhenUpon protectedreceipt healthofapetition informationby isa disclosedlicensedhealth-careprofessional orot whenmental thehealth courtprofessional, receivesCOMMUNITY anyMEMBER recordsOR orINSTITUTIONAL documentsPETITIONER, relatedand tofor diagnosis,good prognosis,cause orshown, treatment or clinical records, the courtcourtmay shallissue orderordersto thatobtain theany partiesrecords areordocuments prohibitedrelatingtodiagnosis, fromprognosis, usingortreatment, orand disclosingclinical therecords, protectedoftherespondentas healthnecessaryforthe informationfull forinvestigation anyand purposedisposition otherof than the proceedings for a petition for a temporaryextremetemporary extreme risk protection orderandshallorderthereturntothecoveredentityordestroytheprotectedorder. health information, includingallcopiesmade,attheend of the litigation or proceeding.

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 orderandshall orderthe returntothe coveredentityordestroy theprotected health information, including all copies made, at the end ofthe litigation or proceeding.

The decision of a licensedhealth-careprofessionalormentalhealthprofessionallicensedhealth-cateptofessional 01 mental healthptofessional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER to disclose or not to disclose recordsordocumentsrelatingtothediagnosis,prognosis,ortreatment,andrecords ordocuments relating to the diagnosis, prognosis, ortreatment, and clinical records ofofa a respondent, when made reasonably and in good faith, shall not be the basis for anycivil,any civil, administrative, or criminal liabilitywithliability with respect to the licensed health-carehealth-eate professional orot licensed mental health professional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONERPETITIONER. .

In Colorado Revised Statutes, 13-14.5-104, amend PAGE 4-SENATE BILL 26-004 (1)(a)(l)(a) and (1)(b)(l)(b) as follows:

(1) (a) A petition for an extreme risk protection order may be filed byafamilyorhouseholdmemberoftherespondent,acommunitymember,by a family orhousehold member ofthe respondent, a community member, AN INSTITUTIONAL PETITIONERPETITIONER, , or a law enforcement officer or agency.

If thepetitionisfiledthe byapetition is filed by a law enforcement officer oragency,acountyorcityor 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 respondentresidesofthepetitionandthehearingdatewithenoughadvancerespondentresides noticetoallowforparticipationorattendance.Uponthefilingofapetition,ofthepetition thecourtshallappointanattorneytorepresenttherespondent,andthecourtand shall include the appointmenthearingdate inwithenough theadvance notice of hearing provided to theallow respondentfor pursuantparticipation toor sectionattendance. 13-14.5-105 (1)(a).

Upon the filing ofapetition, the courtshall appointan 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).

(b) Notwithstandinganyprovisionoflawtothecontrary,alicensedNotwithstanding health-careany professional,provision oroflaw mentalto healththe professional,contrary, a licensed health-careprofessionalor mental healthprofessional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONERPETITIONEK-autlrorized authorized to filefil~nr apetitfon petition for anan-extreme 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 necessaryfornecessary 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,professional or mental health professional,professional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER shall make reasonable efforts to limit protected health information to the minimumnecessarytoaccomplishthefilingoftherequest.Uponreceiptofminimum anecessary petition by a licensed health-care professional, or mental health professional,COMMUNITYMEMBEROR INSTITUTIONALPETITIONER , and for good cause shown, the court may issue orders to obtainaccomplishthe anyfiling recordsofthe orrequest. 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.

Upon receiptof 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.

The decision of a licensedlicensedhealth-eateptofessional health-careot professional, or mental healthhealthptofessional professional, COMMUNITY MEMBER OR INSTITUTIONAL PETITIONER to disclose or not to disclose records or documents relating to the diagnosis, prognosis, orortreatment, treatment, and clinical records of a respondent, when made reasonablyandreasonably ingoodfaith,mustnotbethebasisforanycivil,administrative,orcriminaland liabilityin withgood respectfaith, tomust not be the licensedbasis health-carefor professional,any civil, administrative, or mentalcriminal healthliability professional,COMMUNITYwith respecttothelicensedhealth-eateptofessional ot mentalhealthptofessional COMMUNITY MEMBER OR INSTITUTIONAL PETITIONERPETITIONER. .

(b) A petitioner, a family or household member ofofa a respondent, a communitymember,community member, AN INSTITUTIONAL PETITIONERPETITIONER, , 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 ofofthe the order.