HB 25-1148: Criminal Protection Order & Protection Order Violation - Colorado

Rerevised (04/04/2025) → Revised (04/03/2025) · 2 edits

MINOR

The bill was revised to clarify that protection orders issued under this section are specifically limited to protecting witnesses or victims of charged acts and cannot include conditions related to pretrial release. This change ensures that protection orders do not improperly interfere with existing pretrial release conditions set by the court.

Scope change

The bill's scope was narrowed to explicitly exclude pretrial release conditions from protection orders, clarifying the relationship between protection orders and existing criminal procedure laws.

REQUIREMENT

Added a new provision stating that protection orders under this section are limited to protecting witnesses or victims of charged acts and must not include orders relating to conditions of pretrial release as provided in Section 16-4-105.

Added specific language clarifying that protection orders cannot prohibit the restrained person from possession or consumption of alcohol or controlled substances as a condition of pretrial release.

PA1 (02/28/2025) → Rerevised (04/04/2025) · 4 edits

MODERATE

The bill was re-revised to include all amendments adopted by the Senate, expanding the list of co-sponsors and updating the bill's reading status. Substantively, the bill clarifies that criminal protection orders are limited to protecting witnesses or victims of charged acts and prohibits courts from including conditions related to pretrial release or alcohol/substance possession in these orders.

Scope change

The bill's scope was refined to explicitly limit criminal protection orders to the protection of witnesses or victims of charged acts, removing provisions that allowed courts to include pretrial release conditions or alcohol/substance restrictions in these orders.

ELIGIBILITY

Added co-sponsors to both House and Senate sponsorship lists, including Brown, English, Jackson, Lindsay, Mabrey, Story, Valdez, Willford, Zokaie in the House and Weissman, Ball, Coleman, Cutter, Exum, Jodeh, Wallace in the Senate.

REQUIREMENT

Removed language allowing criminal protection orders to include conditions related to pretrial release as provided in Section 16-4-105.

Removed language requiring criminal protection orders to include provisions prohibiting the restrained person from possession or consumption of alcohol or controlled substances.

TECHNICAL

Updated bill headers to reflect 'Rerevised' status with all Senate amendments adopted and changed reading dates from February 28 to April 4, 2025.

Final Act (04/24/2025) → PA1 (02/28/2025) · 5 edits

MODERATE

This bill amends Colorado's criminal protection order laws to clarify what must be included on standardized forms, limit the scope of orders to protect only witnesses and victims (not bond conditions), restrict alcohol/substance prohibitions to cases with a clear safety nexus, and require courts to review orders at sentencing. The changes aim to make protection orders more targeted and legally precise.

Scope change

The bill narrows the scope of criminal protection orders by explicitly excluding orders that enforce bond conditions or protect the defendant, and limits alcohol/substance restrictions to cases where there is a demonstrated safety connection between the substance use and victim/witness safety.

REQUIREMENT

Standardized protection order forms must now specifically identify domestic violence or Victim Rights Act crimes if applicable, and must exclude orders related to pretrial release conditions.

Courts must inform defendants that violating a protection order can be a misdemeanor and that certain violations may constitute felony offenses for witness intimidation or retaliation.

Courts must review protection orders at the time of sentencing or case resolution to ensure accuracy and determine if modifications or dismissal are appropriate, except in domestic violence or Victim Rights Act cases.

Protection orders can no longer include orders that enforce bond conditions or assist in obtaining defendant appearance in court, as these are now explicitly excluded from the scope of criminal protection orders.

ELIGIBILITY

Alcohol and controlled substance prohibitions in protection orders are now limited to cases where available information shows a sufficient connection between the substance use and the safety of the victim or witness.

Signed Act (04/30/2025) → Final Act (04/24/2025) · 5 edits

MODERATE

This bill amends Colorado's protection order statutes to clarify the scope of mandatory protection orders against criminal defendants, update penalty references for violations, and add specific provisions for animal protection orders. The changes standardize how courts issue and enforce these orders while ensuring consistency in legal citations.

Scope change

The bill modifies the applicability of protection orders to include specific crime categories and clarifies when courts must review order provisions during sentencing.

DEFINITION

Updated statutory definitions to clarify when mandatory protection orders take effect and how long they remain in force until final disposition of criminal cases.

REQUIREMENT

Added requirement for courts to review protection order provisions at sentencing to ensure accuracy of information contained in the orders.

Added provision allowing courts to issue orders prohibiting harm or transfer of animals owned by alleged victims or witnesses.

ENFORCEMENT

Updated penalty reference for protection order violations from a placeholder section to the specific statute 18-6-803.5.

ELIGIBILITY

Modified the list of crimes that qualify for additional protective orders to reference specific statutory sections rather than placeholder text.

Reengrossed (03/05/2025) → Signed Act (04/30/2025) · 6 edits · Apr 30, 2025

MODERATE

This bill amends Colorado's mandatory protection order system for criminal defendants, clarifying what must be included on standardized forms, limiting orders to protect witnesses and victims rather than bond conditions, and requiring courts to review these orders at sentencing or case resolution. The changes ensure protection orders focus on safety rather than trial logistics and provide clearer guidance on when and how these orders can be modified or dismissed.

Scope change

The bill's scope remains focused on criminal protection orders but clarifies that such orders cannot include pretrial release conditions or bond requirements, narrowing their application to witness and victim safety only.

REQUIREMENT

Standardized protection order forms must now explicitly identify names/locations where the defendant is restrained, include specific protective orders, and flag whether the case involves domestic violence or crimes under the Victim Rights Act.

Courts must inform defendants at arraignment that violating a protection order can constitute a misdemeanor or felony offense, with specific statutory references provided.

Protection orders can no longer include conditions related to pretrial release, bond requirements, or measures to ensure defendant appearance in court or community safety.

Protection orders may now include orders to protect victims/witnesses from imminent danger to life or health, and orders to protect animals owned by or held by alleged victims or witnesses.

ENFORCEMENT

Courts must review protection orders at sentencing or case resolution to verify accuracy and determine if provisions should be modified or dismissed, except in domestic violence or Victim Rights Act cases.

ELIGIBILITY

Alcohol or substance restrictions in protection orders now require sufficient evidence linking the restriction to victim/witness safety, with exceptions for domestic violence and Victim Rights Act cases where courts may deem it appropriate.

Engrossed (03/04/2025) → Reengrossed (03/05/2025) · 3 edits · Apr 4, 2025

MINOR

The bill was reengrossed to add more co-sponsors and update the header information to reflect amendments adopted in the House of Introduction. The substantive text regarding criminal protection orders appears to have been removed from this excerpt, suggesting a significant change to how courts inform defendants about potential penalties for violating protection orders.

Scope change

The bill's scope appears to have been altered by removing the specific court notification requirements that previously mandated informing defendants about misdemeanor and felony penalties for violating protection orders during arraignment.

TECHNICAL

Added co-sponsors Brown, English, Jackson, Lindsay, Mabrey, Story, Valdez, Willford, and Zokaie to the House sponsorship list.

Changed the document header from 'ENGROSSED' to 'REENGROSSED' and updated the date to March 5, 2025.

REQUIREMENT

Removed court notification requirements that mandated informing defendants at arraignment about misdemeanor and felony penalties for violating protection orders.

Introduced (01/29/2025) → Engrossed (03/04/2025) · 3 edits · Apr 4, 2025

MINOR

The bill was amended to add a new Senate sponsor and update the page numbering format. The substantive content regarding criminal protection orders remains unchanged, though the amendment markup indicates a House amendment was adopted on March 4, 2025.

TECHNICAL

Added Senate sponsor Weissman to the list of sponsors.

Updated page headers from 'HB25-1148' to '1148' for formatting consistency.

Changed document status from 'INTRODUCED' to 'ENGROSSED' to reflect adoption of amendments.

Criminal Protection Order & Protection Order Violation

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