Colorado 2023 Regular Session Status: Passed Senate 1 R cosponsors

SB 23-024 — First Amendment Collateral Challenge Court Order

Last action — House Committee on Judiciary Postpone Indefinitely

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The bill permits a person who is subject to a court order issued in a dependency and neglect proceeding to challenge the constitutionality of the court order in a contempt proceeding alleging the person violated the court order on the grounds that the court order violates the person's rights under the first amendment to the United States constitution. The bill states that a judgment of contempt for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech is an appealable judgment and that the court rules governing appeals in dependency and neglect proceedings apply to the appeal of the contempt judgment. The bill permits the office of the respondent parents' counsel to provide representation to indigent parents in a contempt proceeding for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill Text

What changed in the latest version

24 added · 19 removed

Plain-language change summary

The bill now specifies that a person who is under a court order can challenge the constitutionality of that order in a contempt proceeding, particularly if the order is seen as violating their First Amendment rights. This change clarifies the procedure and grounds for such challenges, which may affect how individuals can contest court orders based on constitutional claims.

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First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
23-0362.01 Conrad Imel x2313 SENATE BILL 23-024 SENATE SPONSORSHIP Kirkmeyer, HOUSE SPONSORSHIP Pugliese, Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNINGPERMITTINGACHALLENGETOTHECONSTITUTIONALITY OF A COURT ORDER IN A CONTEMPT PROCEEDING .
23-0362.01 Conrad Imel x2313 SENATE BILL 23-024 SENATE SPONSORSHIP Kirkmeyer, Bridges, Cutter, Gardner, Liston, Lundeen, Pelton B., Pelton R., Priola, Roberts, Rodriguez, Winter F.
HOUSE SPONSORSHIP Pugliese, Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNINGPERMITTINGACHALLENGETOTHECONSTITUTIONALITY OF A COURT ORDER IN A CONTEMPT PROCEEDING .
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill permits a person who is subject to a court order to challengetheconstitutionalityofthecourtorderinacontemptproceeding alleging the person violated the court order on the grounds that the court order violates theperson'srightsunderthefirstamendmenttothe United g States constitution.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n passes third reading in the house of introduction, a bill summary that m 2 applies to the reengrossed version of this bill will be available at T n 2 A U 9 http://leg.colorado.gov.) E i c S a a The bill permits a person who is subject to a court order to R M r challengetheconstitutionalityofthecourtorderinacontemptproceeding 3 alleging the person violated the court order on the grounds that the court order violates theperson'srightsunderthefirstamendmenttothe United g States constitution.
d e 2 T R 2 A 2 7 Shading denotes HOUSE amendment.
i a 3 E R 20 A n , N 2 h Shading denotes HOUSE amendment.
E d c Capital letters or bold & italic numbers indicate new material to be added to existing law.
S e r Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
Dashes through the words or numbers indicate deletions from existing law.
e A Be it enacted by the General Assembly of the State of Colorado:
e M A Be it enacted by the General Assembly of the State of Colorado:
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Amendments

1 amendment

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Action History

  1. House Committee on Judiciary Postpone Indefinitely

  2. Introduced In House - Assigned to Judiciary

  3. Senate Third Reading Passed - No Amendments

  4. Senate Third Reading Laid Over Daily - No Amendments

  5. Senate Second Reading Passed with Amendments - Committee

  6. Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole

  7. Introduced In Senate - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 99 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5000
Democrat 12001
Unaffiliated 17000
Total 34001
% of votes cast 97%0%0%3%
How each member voted (35)
Member Party Vote
Buckner — Yea
Fields — Yea
Gardner — Yea
Ginal — Yea
Hansen — Yea
Lundeen — Yea
Moreno — Yea
Pelton B. — Yea
Pelton R. — Yea
Priola — Yea
Smallwood — Yea
Will — Yea
Zenzinger — Yea
Fenberg — Yea
Jaquez Lewis — Yea
Van Winkle — Yea
Winter F. — Yea
Chris Kolker Democrat Not Voting
Dylan Roberts Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
Larry Liston Republican Yea
Mark Baisley Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 23-024 do?
The bill permits a person who is subject to a court order issued in a dependency and neglect proceeding to challenge the constitutionality of the court order in a contempt proceeding alleging the person violated the court order on the grounds that the court order violates the person's rights under the first amendment to the United States constitution. The bill states that a judgment of contempt for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech is an appealable judgment and that the court rules governing appeals in dependency and neglect proceedings apply to the appeal of the contempt judgment. The bill permits the office of the respondent parents' counsel to provide representation to indigent parents in a contempt proceeding for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Who sponsors SB 23-024?
SB 23-024 is sponsored by Rose Pugliese and Barbara Kirkmeyer (Republican).
What is the current status of SB 23-024?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 23-024?
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Last checked for changes 3 months ago · updated continuously

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