The following are among the victim services bills The Colorado Organization for Victim Assistance has been monitoring for the 2010 legislative session:
HB10-1097 Temp Inj Child Custody Cases, BENEFIELD / MORSE
— Currently, in a divorce or legal separation action, a temporary injunction is in effect against both parties upon personal service on the respondent. The bill creates a temporary injunction, upon personal service on the respondent, in paternity proceedings and in proceedings involving the allocation of parental responsibilities that are not brought as part of a divorce or legal separation action.
Status: 03/25/2010 Governor Action – Signed
HB10-1135 Define Domestic Violence Child Custody, RYDEN / HUDAK & …
— In the statutory section concerning the best interests of the child under the “Uniform Dissolution of Marriage Act”, the bill replaces the term “spouse abuse” in each occurrence with the broader term “domestic violence”. The bill defines the term “domestic violence” to align the definition closely to the broader definition of “domestic violence” in the criminal statutes, and also defines the term “intimate relationship”. The bill replaces the term “spouse abuse” with the broader term “domestic violence” where the term occurs in the statutory sections relating to modification of parenting time. The new definition of “domestic violence” will apply to determinations of the best interests of a child occurring on or after July 1, 2010.
Status: 04/08/2010 Sent to the Governor
HB10-1218 Protection Order Registry Information, WALLER / NEWELL
— The bill clarifies that the central registry of protection orders shall contain information on the amount of bail and conditions of bond in any case in which the court has entered a protection order and the highest classified crime charged in the case, if any.
Status: 04/19/2010 Signed by the President of the Senate
HB10-1226 Differential Response To Child Abuse , KEFALAS / SPENCE
The bill creates the differential response pilot program (pilot program) for certain county departments of social services (participating county departments) to use in addressing intra familial abuse or neglect cases that are deemed to be of low or moderate risk according to an assessment performed by each participating county department.
Status: 04/08/2010 Sent to the Governor
SB10-043 Extend Repeal Office Child Rep, WHITE / POMMER
— The bill extends for 10 years the repeal of the “Office of the Child’s Representative Act”, which is currently scheduled to repeal on July 1, 2010.
Status: 04/12/2010 Sent to the Governor
SB10-066 Reporting Of Child Abuse Or Neglect, HUDAK / LEVY
— The bill clarifies that the requirement that certain persons report child abuse or neglect does not apply if a person does not have reasonable cause to know of or suspect the abuse or neglect until the child is 18 years of age or older.
Status: 04/09/2010 Senate Considered House Amendments – Result was to Concur – Repass
SB10-080 Protection Orders Pets Animals, NEWELL / FRANGAS
— The bill allows a court-entered civil protection order to restrain a party from threatening, molesting, injuring, killing, taking, transferring, encumbering, concealing, or disposing of any animal owned, possessed, leased, kept, or held by any other party. A court-entered civil protection order may also specify arrangements for possession and care of any animal owned, possessed, leased, kept, or held by any other party. The bill amends the definitions of “abuse of the elderly or of an at-risk adult”, “domestic abuse”, and “protection order” as necessary to include threats or actions against animals.
Status: 04/12/2010 Governor Action – Signed
SB10-152 Info To Mandatory Reporter Child Abuse, NEWELL / GAGLIARDI
The bill requires a county department of social services (county department) to provide information to a mandatory reporter concerning the mandatory reporter’s report to the county department of suspected child abuse or neglect. Within 30 calendar days after receipt of a report, the bill requires the county department to provide certain information to the mandatory reporter, including but not limited to the name of persons who may pose a safety risk to the victim, whether the victim has been returned to his or her home, whether the case has been closed, and contact information for the caseworker investigating the report.
Status: 04/09/2010 Result was to Concur – Repass
SB10-171 Create Child Protection Ombudsman Prog, NEWELL / GAGLIARDI
The bill repeals and relocates, with amendments, provisions relating to trafficking in adults, trafficking in children, and coercion of involuntary servitude. The bill requires proof of the use of force, fraud, or coercion to prove the crime of trafficking in adults or trafficking in children and proof of the use of force or fraud to prove the crime of coercion of involuntary servitude. The bill adds trafficking in adults, trafficking in children, and coercion of involuntary servitude to the list of offenses against the person that qualify as a racketeering activity for the purposes of the “Colorado Organized Crime Control Act”. The bill includes conforming amendments.
Status: 04/15/2010 House Committee Health and Human Services Refer Amended to Appropriations