§ 18-6-803.7 — Central registry of protection orders - creation

Colorado § 18-6-803.7

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Involving the

Text

(1) As used in
this section:

(a) Bureau means the Colorado bureau of investigation.

(b) Protected person means the person or persons identified in the
protection order as the person or persons for whose benefit the protection order
was issued.

(b.5) (I) Protection order means any order that prohibits the restrained
person from contacting, harassing, injuring, intimidating, molesting, threatening, or
touching any protected person, or from entering or remaining on premises, or from
coming within a specified distance of a protected person or premises, that is issued
by a court of this state or an authorized municipal court, and that is issued pursuant
to:

(A) Article 14 of title 13, section 18-1-1001, section 19-2.5-607, section 19-4-111, or rule 365 of the Colorado rules of county court civil procedure;

(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1,
2004; or

(C) An order issued as part of the proceedings concerning a criminal
municipal ordinance violation.

(II) Protection order also includes any restraining order entered prior to
July 1, 2003, and any foreign protection order as described in section 13-14-110,
C.R.S.

(c) Registry means a computerized information system.

(d) Restrained person means the person identified in the order as the
person prohibited from doing the specified act or acts.

(e) (Deleted by amendment, L. 2003, p. 1007, � 7, effective July 1, 2003.)

(f) Subsequent order means an order which amends, modifies,
supplements, or supersedes a protection order.

(2) (a) There is hereby created in the bureau a computerized central registry
of protection orders which shall be accessible to any state law enforcement agency
or to any local law enforcement agency having a terminal which communicates with
the bureau. The central registry computers shall communicate with computers
operated by the state judicial department.

(b) The clerk of the court issuing the protection order shall enter protection
orders and subsequent orders into the registry; except that orders issued pursuant
to sections 18-1-1001 and 19-2.5-607 must be entered into the registry only at the
discretion of the court or upon motion of the district attorney. The clerk of the court
issuing the protection order is responsible for updating the registry electronically in
a timely manner to ensure the notice is as complete and accurate as is reasonably
possible with regard to the information specified in subsection (3) of this section.

(c) The restrained person's attorney, if present at the time the protection
order or subsequent order is issued, shall notify the restrained person of the
contents of such order if the restrained person was absent when such order was
issued.

(d) Protection orders and subsequent orders shall be placed in the registry
not later than twenty-four hours after they have been issued; except that, if the
court issuing the protection order or subsequent order specifies that it be placed in
the registry immediately, such order shall be placed in the registry immediately.

(e) Upon reaching the expiration date of a protection order or subsequent
order, if any, the bureau shall note the termination in the registry.

(f) In the event the protection order or subsequent order does not have a
termination date, the clerk of the issuing court shall be responsible for noting the
termination of the protection order or subsequent order in the registry.

(3) (a) In addition to any information, notice, or warning required by law, a
protection order or subsequent order entered into the registry shall contain the
following information, if such information is available:

(I) The name, date of birth, sex, and physical description of the restrained
person to the extent known;

(II) The date the order was issued and the effective date of the order if such
date is different from the date the order was issued;

(III) The names of the protected persons and their dates of birth;

(IV) If the protection order is one prohibiting the restrained person from
entering in, remaining upon, or coming within a specified distance of certain
premises, the address of the premises and the distance limitation;

(V) The expiration date of the protection order, if any;

(VI) Whether the restrained person has been served with the protection order
and, if so, the date and time of service;

(VII) The amount of bail and any conditions of bond which the court has set in
the event the restrained person has violated a protection order; and

(VIII) An indication whether the conditions of the protection order are also
conditions of a bail bond for a felony charge.

(b) If available, the protection order or subsequent order shall contain the
fingerprint-based state identification number issued by the bureau to the restrained
person.

Legislative History

Source: L. 94: Entire section added, p. 2013, � 8, effective January 1, 1995. L. 96: (1)(e) amended, p. 1692, � 27, effective January 1, 1997. L. 98: (2)(b) amended, p. 947, � 5, effective May 27; (1)(e) amended, p. 1233, � 4, effective July 1. L. 99: (1)(e) amended, p. 503, � 12, effective July 1. L. 2003: Entire section amended, p. 1007, � 7, effective July 1. L. 2004: (1)(b.5) amended, p. 556, � 13, effective July 1. L. 2010: (3)(a)(VIII) added, (HB 10-1218), ch. 177, p. 640, � 1, effective April 29. L. 2013: (1)(b.5)(II) amended, (HB 13-1259), ch. 218, p. 1016, � 20, effective July 1. L. 2021: (1)(b.5)(I)(A) and (2)(b) amended, (SB 21-059), ch. 136, p. 722, � 50, effective October 1.