2019 Colorado Revised Statutes
Title 13 - Courts and Court Procedure


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Colorado Revised Statutes 2019 TITLE 13 COURTS AND COURT PROCEDURE COURTS OF RECORD ARTICLE 1 General Provisions Cross references: For the disposition of fines and fees levied and collected in state courts, see § 30-10-102 (2); for the disposition of fines, penalties, or forfeitures collected pursuant to title 42, see § 42-1-217. Law reviews: For a discussion of Tenth Circuit decisions dealing with courts and procedure, see 66 Den. U. L. Rev. 739 (1989); for a discussion of Tenth Circuit decisions dealing with courts and procedure, see 67 Den. U. L. Rev. 675 (1990). PART 1 ADMINISTRATIVE PROVISIONS 13-1-101. Clerks shall keep record books. The clerks of the courts of record in this state shall keep in their respective offices suitable books for indexing the records of their said offices, one to be known as the direct index and one as the inverse index. Source: L. 1889: p. 107, § 1. R.S. 08: § 1392. C.L. § 5610. CSA: C. 46, § 1. CRS 53: § 37-1-1. C.R.S. 1963: § 37-1-1. 13-1-102. Entries in records. In said indexes, the clerks shall properly enter the title of each cause or matter instituted in said courts and the case number references to the various orders, rulings, judgments, papers, and other proceedings of the court in such cause or matter. Any case number reference may be to a file jacket, page in a record book, microfilm record, or computer record. Source: L. 1889: p. 107, § 2. R.S. 08: § 1393. C.L. § 5611. CSA: C. 46, § 2. CRS 53: § 37-1-2. C.R.S. 1963: § 37-1-2. L. 79: Entire section amended, p. 596, § 1, effective July 1. 13-1-103. Lost or destroyed records. When the record of any judgment, or decree, or other proceeding of any judicial court of this state, or any part of the record of any judicial proceeding has been lost or destroyed, any party or person interested therein, on application by Colorado Revised Statutes 2019 Page 1 of 584 Uncertified Printout complaint in writing under oath to such court and on showing to the satisfaction of such court that the same has been lost or destroyed without fault or negligence of the party or person making such application, may obtain an order from such court authorizing the defect to be supplied by a duly certified copy of the original record, where the same can be obtained, which certificate shall thereafter have the same effect as the original record would have had in all respects. Source: L. 1889: p. 108, § 1. R.S. 08: § 1396. C.L. § 5614. CSA: C. 46, § 5. CRS 53: § 37-1-4. C.R.S. 1963: § 37-1-4. 13-1-104. Application for new order or record. When the loss or destruction of any record or part thereof has happened, and such defects cannot be supplied as provided in section 13-1-103, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such application, and the substance of the record so lost or destroyed, and that the loss or destruction occurred without the fault or negligence of the party or person making such application, and that the loss or destruction of the record, unless supplied, will or may result in damage to the party or person making such application. The court shall cause said application to be entered of record in said court, and due notice of said application shall be given by personal service of summons or by publication as in other cases; except that, in cases in which publication is required, the court may direct by order, to be entered of record, the form of the notice, and designate the newspaper in which the same shall be published. If, upon such hearing, said court is satisfied that the statements contained in said application are true, the court shall make an order embracing the substance and effect of the lost or destroyed record, which order shall be entered of record in said court and have the same effect which the original record would have had if the same had not been lost or destroyed insofar as concerns the party or person making such application and the persons who had been notified, as provided for in this section. The record in all cases where the proceeding was in rem and no personal service was had may be supplied upon like notice, as nearly as may be, as in the original proceeding. Source: L. 1889: p. 108, § 2. R.S. 08: § 1397. C.L. § 5615. CSA: C. 46, § 6. CRS 53: § 37-1-5. C.R.S. 1963: § 37-1-5. 13-1-105. Procedure where probate records destroyed. In case of the destruction by fire or otherwise of the records, or a part thereof, of any court having probate jurisdiction, the court may proceed, upon its own motion or upon the application in writing of any party in interest, to restore the records, papers, and proceedings of the court relating to the estate of deceased persons, including recorded wills and wills probated or filed for probate in said court. The power of restoration granted in this section shall also extend to the records, papers, proceedings, and documents of any previous court of probate which are or should be in the custody of a probate or district court. For the purpose of restoring said records, wills, papers, or proceedings, or any part thereof, the court may cause citations to be issued to all parties to be designated by it and may compel the attendance in court of any witness whose testimony may be necessary to establish any such record, or part thereof, and the production of any and all written Colorado Revised Statutes 2019 Page 2 of 584 Uncertified Printout and documentary evidence which it deems necessary in determining the true import and effect of the original record, will, paper, or other document belonging to the files of the court, and may make such orders and decrees establishing such original record, will, paper, document, or proceeding, or the substance thereof, as to it seems just and proper. The court may make all such rules and regulations governing the proceedings for the restoration of the record, will, paper, document, and proceeding pertaining to the court as in its judgment will best secure the rights and protect the interests of all parties concerned. Source: L. 1889: p. 109, § 3. R.S. 08: § 1398. C.L. § 5616. CSA: C. 46, § 7. CRS 53: § 37-1-6. C.R.S. 1963: § 37-1-6. L. 64: p. 224, § 56. 13-1-106. Certified copy of record in supreme court or court of appeals. In all causes which have been removed to the supreme court of this state or to the court of appeals, a duly certified copy of the record of such cause remaining in the supreme court or the court of appeals may be filed in the court from which said cause was removed, on motion of any party or person claiming to be interested therein, and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed. Source: L. 1889: p. 110, § 4. R.S. 08: § 1399. C.L. § 5617. CSA: C. 46, § 8. CRS 53: § 37-1-7. C.R.S. 1963: § 37-1-7. L. 69: p. 269, § 3. 13-1-107. Costs of replacement. The person making the application for the restoration of records shall pay all the costs thereof. Source: L. 1897: p. 151, § 1. R.S. 08: § 1400. C.L. § 5621. CSA: C. 46, § 9. CRS 53: § 37-1-8. C.R.S. 1963: § 37-1-8. 13-1-108. Judge may order adjournment. When in the opinion of the judge of any district or county court it is unnecessary or inadvisable to hold or convene any term of court fixed by statute, he may by an order in writing signed by him and filed with the clerk of such court adjourn the same sine die, or to a day certain, and the judges of said courts respectively have power to adjourn said courts, from time to time as may seem advisable, by written order signed and filed with the clerk of the court which may be so adjourned. Source: L. 1897: p. 151, § 1. R.S. 08: § 1407. C.L. § 5621. CSA: C. 46, § 12. CRS 53: § 37-1-9. C.R.S. 1963: § 37-1-9. 13-1-109. Court may appoint trustee. In all actions in any court of record of this state wherein any defendant is not found within the jurisdiction of the court and constructive service alone is had, and which is brought for the enforcement of an express, implied, or resulting trust, or for the removal of cloud from title to real estate, or for specific performance, or for the establishment of a lost or destroyed deed, conveyance, or instrument in writing, or for the establishment and proof of any conveyance, deed, or instrument in writing not properly proved and acknowledged, or in any other proceeding in rem, or affecting only specific property, where, according to the usual practice in courts of chancery, the court, if the defendant had been Colorado Revised Statutes 2019 Page 3 of 584 Uncertified Printout personally served, might direct or decree any act to be done or performed by the defendant in favor of plaintiff, the court may appoint a trustee for such defendant to do and perform in the place and stead of and for such defendant the acts required by the decree rendered in any such cause. Any act lawfully done by such trustee, under and in pursuance of any such decree, shall be as binding and effectual for all purposes as if done and performed by the defendant in pursuance of such decree. Source: L. 1887: p. 254, § 1. R.S. 08: § 1408. C.L. § 5622. CSA: C. 46, § 13. CRS 53: § 37-1-10. C.R.S. 1963: § 37-1-10. 13-1-110. Appeal bond defective or insufficient. If, at any time pending an appeal in any action, suit, or other proceeding, it appears to the appellate court that the appeal bond or undertaking is defective or insufficient or that any surety thereon has died, or has removed or is about to remove from this state, or has become or is likely to become insolvent, such appellate court shall order another appeal bond or undertaking, or such other and further security as to the appellate court seems proper, if the appellant or his attorney of record has been served with at least twenty-four hours' written notice of an application of the appellee for such order. If the appellant fails to comply with said order within ten days after the making of the same, the appeal shall be dismissed. Source: L. 19: p. 113, § 1. C.L. § 5623. CSA: C. 46, § 14. CRS 53: § 37-1-11. C.R.S. 1963: § 37-1-11. L. 87: Entire section amended, p. 1575, § 11, effective July 10. 13-1-111. Courts of record. (1) Each of the following courts shall have a seal and shall be a court of record: (a) The supreme court; (b) The district courts; (c) The county courts; (d) The juvenile court in the city and county of Denver; (e) The probate court in the city and county of Denver; (f) Any court established by law and expressly denominated a court of record; (g) Repealed. (h) The court of appeals. Source: L. 1887: p. 212, § 412. Code 08: § 447. Code 21: § 449. Code 35: § 449. CRS 53: § 37-1-12. C.R.S. 1963: § 37-1-12. L. 64: p. 224, § 57. L. 72: p. 590, § 53. L. 77: (1)(h) added, p. 279, § 24, effective June 29. L. 79: IP(1) amended, p. 596, § 2, effective July 1. L. 85: (1)(g) repealed, p. 572, § 12, effective November 14, 1986. 13-1-112. Clerk to keep seal. The clerk of each court of record shall keep the seal thereof. Source: L. 1887: p. 212, § 413. Code 08: § 448. Code 21: § 450. Code 35: § 450. CRS 53: § 37-1-13. C.R.S. 1963: § 37-1-13. Colorado Revised Statutes 2019 Page 4 of 584 Uncertified Printout 13-1-113. Seal - how attached. (1) A seal of a court or public officer, when required on any writ, process, or proceeding or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance and then attached to the writ, process, or proceeding or to the copy of the record or document, or it may be impressed on the paper alone or electronically attached to or logically associated with an electronic record or document. When jury summonses, subpoenas, or subpoenas duces tecum are prepared by means of mechanical reproduction, the seal of the summoning court may be printed thereon instead of being impressed. (2) A seal may also consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the document requiring the seal with indelible ink. Source: L. 1887: p. 198, § 362. Code 08: § 396. Code 21: § 397. Code 35: § 397. CRS 53: § 37-1-14. C.R.S. 1963: § 37-1-14. L. 67: p. 70, § 1. L. 75: Entire section R&RE, p. 489, § 4, effective July 14. L. 80: (1) amended, p. 506, § 1, effective March 25. L. 2011: (1) amended, (HB 11-1018), ch. 18, p. 46, § 1, effective March 11. 13-1-114. Powers of court. (1) Every court has power: (a) To preserve and enforce order in its immediate presence; (b) To enforce order in the proceedings before it or before a person empowered to conduct a judicial investigation under its authority; (c) To compel obedience to its lawful judgments, orders, and process and to the lawful orders of its judge out of court in action or proceeding pending therein; (d) To control, in furtherance of justice, the conduct of its ministerial officers. (2) Any judge of any court, when he reasonably believes that there is a risk of violence in the court, shall immediately advise the law enforcement agency designated to provide security for the court, and the law enforcement agency shall determine and provide appropriate security measures consistent with the degree of risk present. For the purpose of this subsection (2), a district or county judge shall have the assistance of the county sheriff, and a municipal judge shall have the assistance of the municipal police department. The court shall have discretion to assess all or part of the expense incurred in implementing such security measures as costs to be paid by the party or parties or other person or persons determined by the court to have necessitated such security measures. (3) Any county sheriff or municipal peace officer providing security for persons involved in judicial proceedings in courts pursuant to subsection (2) of this section shall be immune from civil liability for damages except for gross negligence or reckless, wanton, or intentional misconduct. Source: L. 1887: p. 216, § 428. Code 08: § 463. Code 21: § 464. Code 35: § 464. CRS 53: § 37-1-15. C.R.S. 1963: § 37-1-15. L. 86: (2) and (3) added, p. 673, § 1, effective July 1. 13-1-115. Courts may issue proper writs. The courts have power to issue all writs necessary and proper to the complete exercise of the power conferred on them by the constitution and laws of this state. The district courts have authority in ne exeat proceedings according to the usual practice in such cases in courts of chancery. Colorado Revised Statutes 2019 Page 5 of 584 Uncertified Printout Source: L. 1887: p. 217, § 434. L. 1891: p. 85, § 1. Code 08: § 469. Code 21: § 470. Code 35: § 470. CRS 53: § 37-1-16. C.R.S. 1963: § 37-1-16. 13-1-116. Courts sit at county seat. Every court of record shall sit at the county seat of the county in which it is held, except as may be otherwise provided by law. Source: L. 1887: p. 214, § 418. Code 08: § 453. Code 21: § 455. Code 35: § 455. CRS 53: § 37-1-18. C.R.S. 1963: § 37-1-18. 13-1-117. Juridical days. The courts of justice may be held and judicial business may be transacted on any day except as provided in section 13-1-118. Source: L. 1887: p. 213, § 415. Code 08: § 450. Code 21: § 452. Code 35: § 452. CRS 53: § 37-1-19. C.R.S. 1963: § 37-1-19. 13-1-118. Judicial holidays. (1) No court shall be opened nor shall any judicial business be transacted on Sunday or any legal holiday except for the following purposes: (a) To give, upon their request, instruction to a jury then deliberating on their verdict; (b) To receive a verdict or discharge a jury; (c) For the exercise of the powers of a judge in a criminal action or in a proceeding of a criminal nature; (d) When it appears by the affidavit of the plaintiff, or someone in his behalf, in cases for the recovery of specific personal property, that the defendant is about to conceal, dispose of, or remove such property out of the jurisdiction of the court, an order for taking possession of the same may be issued and the writ or process executed on any day; (e) When an application for writ of attachment is made, if it shall appear by the affidavit of the plaintiff, or someone in his behalf, that the defendant is about to dispose of, conceal, or remove property subject to execution or attachment out of the jurisdiction of the court, a writ of attachment may be issued and executed on any day. (2) When the day fixed for the opening of a court falls on any of the days mentioned in this section, the court shall stand adjourned until the next succeeding day. Source: L. 1887: p. 213, § 416. Code 08: § 451. Code 21: §§ 451, 453. Code 35: § 453. CRS 53: § 37-1-20. C.R.S. 1963: § 37-1-20. 13-1-119. Judgment record and register of actions open for inspection. The judgment record and register of actions shall be open at all times during office hours for the inspection of the public without charge, and it is the duty of the clerk to arrange the several records kept by him in such manner as to facilitate their inspection. In addition to paper records, such information may also be presented on microfilm or computer terminal. Source: L. 1887: p. 166, § 231. Code 08: § 250. Code 21: § 251. Code 35: § 251. CRS 53: § 37-1-21. C.R.S. 1963: § 37-1-21. L. 79: Entire section amended, p. 596, § 3, effective July 1. Colorado Revised Statutes 2019 Page 6 of 584 Uncertified Printout 13-1-119.5. Electronic access to name index and register of actions. (1) Statewide electronic read-only access to the name index and register of actions of public case types must be made available to the following agencies or attorneys appointed by the court: (a) County departments as defined in section 19-1-103 (32), C.R.S., and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103 (31.5), C.R.S., as it relates to the attorneys' work representing the county; (b) The office of the state public defender, created in section 21-1-101, C.R.S.; (c) Guardians ad litem under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem, as it relates to a case in which they are appointed by the court; (d) Attorneys under contract with the office of the alternate defense counsel, created in section 21-2-101, C.R.S., as it relates to a case in which they are appointed by the court; (e) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court; (f) Criminal justice agencies as described in section 24-72-302 (3); and (g) A licensed attorney working with a nonprofit association pursuant to the provisions of section 19-1-304 (7)(f). (2) The supreme court may adopt rules regarding access to the name index and register of actions, including rules identifying confidential information maintained in the system and state requirements for using the confidential information. All agencies with access pursuant to subsection (1) of this section shall ensure that individuals who use the system receive training on appropriate usage and confidentiality of register of action information. Additionally, the state court administrator may monitor the use of the system and information through audits and the review of ad hoc queries or reports. Source: L. 2008: Entire section added, p. 1240, § 1, effective August 5. L. 2016: IP(1) and (1)(e) amended, (HB 16-1193), ch. 81, p. 207, § 1, effective July 1. L. 2017: (1)(e) and (1)(f) amended and (1)(g) added, (HB 17-1204), ch. 206, p. 785, § 8, effective November 1. 13-1-120. Proceedings in English - abbreviations. Every written proceeding in a court of justice in this state, or before a judicial officer, shall be in the English language, but such abbreviations as are now commonly used in that language may be used, and numbers expressed by figures or numerals in the customary manner. Source: L. 1887: p. 212, § 411. Code 08: § 446. Code 21: § 448. Code 35: § 448. CRS 53: § 37-1-22. C.R.S. 1963: § 37-1-22. 13-1-121. Action not affected by vacancy. No action or proceeding in a court of justice in this state shall be affected by a vacancy in the office of any of the judges, or by failure of a term thereof. Source: L. 1887: p. 212, § 410. Code 08: § 445. Code 21: § 447. Code 35: § 447. CRS 53: § 37-1-23. C.R.S. 1963: § 37-1-23. Colorado Revised Statutes 2019 Page 7 of 584 Uncertified Printout 13-1-122. When judge shall not act unless by consent. A judge shall not act as such in any of the following cases: In an action or proceeding to which he is a party, or in which he is interested; when he is related to either party by consanguinity or affinity in the third degree; or when he has been attorney or counsel for either party in the action or proceeding, unless by consent of all parties to the action. Source: L. 1887: p. 216, § 429. Code 08: § 464. Code 21: § 465. Code 35: § 465. CRS 53: § 37-1-24. C.R.S. 1963: § 37-1-24. 13-1-123. Transfer of civil actions. When in any civil action pending in any court of record, whether filed as a special statutory proceeding, or otherwise, if for any reason the proceedings could be more expeditiously continued in another county, with the express consent of all parties, the court may order the cause transferred to any other county wherein the court finds the proceedings could be more expeditiously continued. No additional docket fee shall be required. Upon such a transfer being ordered, the clerk shall transfer all files, books, and records of the cause, or, if that is not practicable, he shall make, at the expense of the parties, and send to the clerk of the court to which the cause is transferred a certified copy of all records in the cause which are necessary for the continuation of the proceedings in the court to which such cause is transferred, and the cause shall continue in the court to which it is transferred with the same effect and force as though such cause were originally docketed in such court. Source: L. 59: p. 349, § 1. CRS 53: § 37-1-25. C.R.S. 1963: § 37-1-25. Cross references: For venue and change of venue generally, see C.R.C.P. 98. 13-1-123.5. Transfer of venue - actions involving related persons. In addition to the authority to change venue granted by sections 19-2-105 and 19-3-201, C.R.S., for good cause shown, a court, on its own motion, on the motion of another court in this state, or on the motion of a party or guardian ad litem, may order the transfer of a pending action brought under title 14 or title 19, C.R.S., or rule 365 of the Colorado rules of county court civil procedure to a court in another county when there is an action pending in the other county that names the parent, guardian, or legal custodian of a child who is the subject of the action brought under title 14 or title 19, C.R.S. The county to which the action is being transferred must be one in which venue is proper. Upon an order for such transfer, the transferring court shall notify all parties of the transfer and transmit all documents to the receiving court. The transferred action shall continue in the court to which it is transferred with the same force and effect as though originally docketed in the receiving court. Source: L. 95: Entire section added, p. 46, § 1, effective January 1, 1996. L. 96: Entire section amended, p. 1687, § 13, effective January 1, 1997. 13-1-124. Jurisdiction of courts. (1) Engaging in any act enumerated in this section by any person, whether or not a resident of the state of Colorado, either in person or by an agent, submits such person and, if a natural person, such person's personal representative to the jurisdiction of the courts of this state concerning any cause of action arising from: Colorado Revised Statutes 2019 Page 8 of 584 Uncertified Printout (a) The transaction of any business within this state; (b) The commission of a tortious act within this state; (c) The ownership, use, or possession of any real property situated in this state; (d) Contracting to insure any person, property, or risk residing or located within this state at the time of contracting; (e) The maintenance of a matrimonial domicile within this state with respect to all issues relating to obligations for support to children and spouse in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or support of children if one of the parties of the marriage continues without interruption to be domiciled within the state; (f) The engaging of sexual intercourse in this state as to an action brought under article 4 or article 6 of title 19, C.R.S., with respect to a child who may have been conceived by that act of intercourse, as set forth in verified petition; or (g) The entering into of an agreement pursuant to part 2 or 5 of article 22 of this title. Source: L. 65: p. 472, § 1. C.R.S. 1963: § 37-1-26. L. 82: (1)(c) and (1)(d) amended and (1)(e) added, p. 280, § 1, effective April 2. L. 91: (1)(f) added, p. 248, § 2, effective July 1. L. 93: Entire section amended, p. 359, § 1, effective July 1. 13-1-125. Service of process. (1) Service of process upon any person subject to the jurisdiction of the courts of Colorado may be made by personally serving the summons upon the defendant or respondent outside this state, in the manner prescribed by the Colorado rules of civil procedure, with the same force and effect as if the summons had been personally served within this state. (2) No service of any summons or other process upon any corporation shall be made outside the state in the manner provided in subsection (1) of this section when such corporation maintains an agent for process upon whom service may be made as provided in rule 4 of the Colorado rules of civil procedure. (3) Nothing in this section shall limit or affect the right to serve any process as prescribed by the Colorado rules of civil procedure. Source: L. 65: p. 472, § 2. C.R.S. 1963: § 37-1-27. L. 82: p. 280, § 2. Cross references: For the manner of service, see C.R.C.P. 4. 13-1-126. Documents in court proceedings - designation by clerk of representative to attend court proceedings. Documents from the office of the clerk of any court of record to be used as evidence in court proceedings shall be acknowledged, exemplified, verified, or attested to in a manner which shall make unnecessary the personal appearance of such clerk in court proceedings to acknowledge, exemplify, verify, or attest to the validity of such documents. The clerk of any court of record may designate a representative to attend court proceedings if the clerk is subpoenaed for the purpose of acknowledging, exemplifying, verifying, or attesting to the validity of documents furnished by the clerk's office. Source: L. 79: Entire section added, p. 596, § 4, effective July 1. Colorado Revised Statutes 2019 Page 9 of 584 Uncertified Printout 13-1-127. Entities - school districts - legislative declaration - representation definitions. (1) As used in this section, unless the context otherwise requires: (a) "Closely held entity" means an entity, as defined in section 7-90-102 (20), C.R.S., with no more than three owners. (a.2) "Cooperative" shall have the same meaning as set forth in section 7-90-102 (9), C.R.S. (a.5) "Corporate licensed child placement agency" means an entity that places, or arranges for placement of, the care of any child with any family, person, or institution other than persons related to said child and that is licensed by the department of human services pursuant to section 26-6-104, C.R.S., as a child placement agency. (b) "Corporation" shall have the same meaning as set forth in section 7-90-102 (10), C.R.S. (c) "Entity" shall have the same meaning as set forth in section 7-90-102 (20), C.R.S. (d) "Limited liability company" shall have the same meaning as set forth in section 7-90102 (32), C.R.S. (e) "Limited partnership" shall have the same meaning as set forth in section 7-90-102 (34), C.R.S. (f) "Limited partnership association" shall have the same meaning as set forth in section 7-90-102 (35), C.R.S. (g) "Nonprofit association" shall have the same meaning as set forth in section 7-90-102 (38), C.R.S. (h) "Nonprofit corporation" shall have the same meaning as set forth in section 7-90-102 (39), C.R.S. (i) "Officer" means a person generally or specifically authorized by an entity to take any action contemplated by this section. (j) "Owner" shall have the same meaning as set forth in section 7-90-102 (43), C.R.S. (k) "School district" means a school district organized and existing pursuant to law but does not include a local college district. (l) "Truancy proceedings" means judicial proceedings for the enforcement of the "School Attendance Law of 1963", article 33 of title 22, C.R.S., brought pursuant to section 2233-108, C.R.S. (2) Except as otherwise provided in section 13-6-407, a closely held entity may be represented before any court of record or any administrative agency by an officer of such closely held entity if: (a) The amount at issue in the controversy or matter before the court or agency does not exceed fifteen thousand dollars, exclusive of costs, interest, or statutory penalties, on and after August 7, 2013; and (b) The officer provides the court or agency, at or prior to the trial or hearing, with evidence satisfactory to the court or agency of the authority of the officer to appear on behalf of the closely held entity in all matters within the jurisdictional limits set forth in this section. (2.3) For the purposes of this section, each of the following persons shall be presumed to have the authority to appear on behalf of the closely held entity upon providing evidence of the person's holding the specified office or status: (a) An officer of a cooperative, corporation, or nonprofit corporation; (b) A general partner of a partnership or of a limited partnership; Colorado Revised Statutes 2019 Page 10 of 584 Uncertified Printout (c) A person in whom the management of a limited liability company is vested or reserved; and (d) A member of a limited partnership association. (2.5) (a) The general assembly hereby finds and determines that the practice of law should not include the representation of a corporation in workers' compensation proceedings by an authorized employee of such corporation. While the general assembly respectfully recognizes the jurisdiction of the supreme court with respect to the regulation of the practice of law, it hereby finds and declares that the representation of a corporation in workers' compensation cases by an authorized employee of that corporation does not constitute the unauthorized practice of law. The general assembly has determined that the decision of a president or secretary of a corporation to have a corporate employee represent the corporation in a workers' compensation case is a business decision made voluntarily and knowingly by persons who are qualified and accustomed to making business decisions. The general assembly has further determined that allowing such representation will not hamper the orderly and proper disposition of workers' compensation cases and may expedite and facilitate such disposition. An employee of a defendant corporation with experience in the operations of such corporation and knowledge of the necessary facts and law can afford a defendant corporation with representation which is the substantial equivalent to, and may in some cases, be more effective than, a licensed attorney. The general assembly hereby declares that the protections afforded by the restrictions set forth by the supreme court with respect to the unauthorized practice of law are unnecessary for the described form of representation because the general public is not likely to be harmed by such representation. Further, the general assembly respectfully recommends that the supreme court adopt rules which permit and regulate such representation in which event the general assembly may choose to repeal this statute in deference to the supreme court's rules. (b) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section concerning the amount at issue, any corporation which is in compliance with the requirements otherwise imposed on corporations by law may be represented by any employee of the corporation who is so authorized by the president or secretary of such corporation, in proceedings authorized under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., exclusive of proceedings before the industrial claim appeals office under part 3 of article 43 of title 8, C.R.S., appeals to the court of appeals under section 8-43-307, C.R.S., and summary reviews by the supreme court under section 8-43-313, C.R.S. (3) The court may rely upon a written resolution of a closely held entity that allows a named officer to appear in the closely held entity's behalf. (4) A closely held entity's exercise of the option authorized by this section to be represented by an officer shall not alone be construed to establish personal liability of the representing officer or any other officer, director, owner, or shareholder for action taken by that closely held entity. (5) A corporate licensed child placement agency, as defined in paragraph (a.5) of subsection (1) of this section, that is in compliance with the requirements otherwise imposed on closely held entities by law, may be represented by any named officer or designated agent of the agency in any proceeding involving the termination of the parent-child relationship pursuant to the "Colorado Children's Code", title 19, C.R.S., or in any proceeding involving a petition for adoption pursuant to section 19-5-208, C.R.S. Colorado Revised Statutes 2019 Page 11 of 584 Uncertified Printout (6) Nothing in this section shall be interpreted to restrict the classes of persons who, or circumstances in which persons, may be represented by other persons, or may appear in person, before Colorado courts or administrative agencies. (7) (a) A school district board of education may authorize, by resolution, one or more employees of the school district to represent the school district in truancy proceedings in any court of competent jurisdiction; except that the authorization of the board of education shall not extend to representation of the school district before a court of appeals or before the Colorado supreme court. (b) A court may rely on the written resolution of the school district board of education that authorizes the named employee to represent the school district in truancy proceedings. (c) An authorized employee who represents a school district in truancy proceedings pursuant to the provisions of this subsection (7) shall not be subject to the provisions of section 13-93-108. (d) A school district board of education's exercise of the option authorized by this section to be represented in truancy proceedings by an employee shall not alone be construed to establish personal liability of the representing employee or any other employee or a school director of the school district for action taken by the school district. Source: L. 83: Entire section added, p. 598, § 1, effective May 25. L. 84: (1)(c) amended, p. 450, § 1, effective March 16. L. 90: IP(2) and (2)(a) amended, p. 849, § 3, effective May 31; (2)(a) amended, p. 854, § 1, effective July 1. L. 91: (2.5) added, p. 1285, § 1, effective April 14. L. 92: (1)(a.5) and (5) added, pp. 179, 180, §§ 2, 3, effective March 20; (2.5) amended, p. 276, § 1, effective April 14. L. 94: (1)(a.5) amended, p. 2639, § 85, effective July 1. L. 98: (1), (2), (3), (4), and (5) amended and (2.3) and (6) added, p. 489, § 1, effective February 1, 1999. L. 2007: (1)(k), (1)(l), and (7) added, pp. 165, 164, §§ 2, 1, effective March 22. L. 2013: (2)(a) amended, (HB 13-1052), ch. 40, p. 111, § 1, effective August 7. L. 2017: (7)(c) amended, (SB 17-227), ch. 192, p. 704, § 4, effective August 9. Cross references: (1) For representation of corporations in the small claims division of county court, see § 13-6-407. (2) For the legislative declaration contained in the 1990 act amending the introductory portion to subsection (2) and subsection (2)(a), see section 1 of chapter 100, Session Laws of Colorado 1990. For the legislative declaration contained in the 1994 act amending subsection (1)(a.5), see section 1 of chapter 345, Session Laws of Colorado 1994. 13-1-128. Confidentiality of decisions of courts of record - violations - penalties. (1) Each decision of a court of record shall be confidential until publicly announced. (2) (a) If it appears that the provisions of subsection (1) of this section have been violated, petition shall be made to the chief judge of the district court for the city and county of Denver for the appointment of a special prosecutor and the convening of a grand jury. (b) The chief judge, for good cause shown, shall appoint the special prosecutor and shall order the impaneling of a grand jury in accordance with the provisions of article 73 of this title. Any special prosecutor appointed pursuant to this section shall be compensated as provided in section 20-1-308, C.R.S. Colorado Revised Statutes 2019 Page 12 of 584 Uncertified Printout (3) An action for violation of subsection (1) of this section may only be commenced by the return of an indictment by a grand jury notwithstanding any provision of section 16-5-101, C.R.S., to the contrary. (4) Any person who knowingly violates the provisions of subsection (1) of this section commits a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, C.R.S. Source: L. 87: Entire section added, p. 539, § 1, effective July 1. L. 89: (4) amended, p. 827, § 31, effective July 1. L. 2002: (4) amended, p. 1487, § 120, effective October 1. Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002. 13-1-129. Preferential trial dates. (1) In any civil action filed in any court of record in this state, the court shall grant a motion for a preferential trial date which is accompanied by clear and convincing medical evidence concluding that a party suffers from an illness or condition raising substantial medical doubt of survival of that party beyond one year and which satisfies the court that the interests of justice will be served by granting such motion for a preferential trial date. (2) In any civil action filed in any court of record in this state, the court may grant a motion for a preferential trial date upon the motion of a party who is a natural person at least seventy years of age and a finding by the court that such claim is meritorious, unless the court finds that such party does not have a substantial interest in the case as a whole. (3) A motion under this section may be filed and served at any time when the case is at issue and a party meets the requirements of subsection (1) or (2) of this section. (4) Upon the granting of a motion for a preferential trial date, the court shall set the case for trial not more than one hundred nineteen days from the date the motion was filed. The court shall establish an accelerated discovery schedule in all such cases. No continuance shall be granted beyond the one-hundred-nineteen-day period except for physical or mental disability of a party or a party's attorney or upon a showing of other good cause. Any such continuance shall be for no more than one hundred nineteen days, and only one such continuance shall be granted to a party. Source: L. 90: Entire section added, p. 858, § 1, effective July 1. L. 2012: (4) amended, (SB 12-175), ch. 208, p. 822, § 1, effective July 1. 13-1-130. Reports of convictions to department of education. When a person is convicted of, pleads nolo contendere to, or receives a deferred sentence for a felony and the court knows the person is a current or former employee of a school district or a charter school in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education. Source: L. 90: Entire section added, p. 1025, § 4, effective July 1. L. 2000: Entire section amended, p. 1843, § 22, effective August 2. L. 2003: Entire section amended, p. 2514, § 1, effective June 5. Colorado Revised Statutes 2019 Page 13 of 584 Uncertified Printout 13-1-131. Speedy trial option in civil actions. If a trial date has not been fixed by the court in any civil action within ninety days from the date the case is at issue, upon agreement of all the parties, the parties may elect to have the matter heard by a master, appointed by the court in accordance with the Colorado rules of civil procedure. When such a trial is held before a master, the parties shall pay the costs of such trial, as allocated fairly among the parties by the master. The master shall have all the powers of a judge. Source: L. 90: Entire section added, p. 851, § 11, effective May 31. Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990. 13-1-132. Use of interactive audiovisual devices in court proceedings. (1) Except for trials, when the appearance of any person is required in any court of this state, such appearance may be made by the use of an interactive audiovisual device. An interactive audiovisual device shall operate so as to enable the person and the judge or magistrate to view and converse with each other simultaneously. (2) Notwithstanding any provision of this section, a judge or magistrate may order a person to appear in court. (3) A full record of such proceeding shall be made. (4) The supreme court may prescribe rules of procedure pursuant to section 13-2-109 to implement this section. Source: L. 92: Entire section added, p. 318, § 1, effective April 29. 13-1-133. Use of recycled paper. (1) The general assembly finds and declares that there is a need to expand upon existing laws which foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys-at-law to state courts of record be submitted on recycled paper. The general assembly further finds that such expansion will protect and enhance the environment and the health and safety of the citizens of Colorado. (2) (a) (I) Except as provided in paragraph (b) of this subsection (2), no document shall be submitted by an attorney to a court of record after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document. (II) (A) Procedures adopted to implement the provisions of this section shall not impede the conduct of court business nor create grounds for an additional cause of action or sanction. (B) No document shall be refused by a court of record solely because it was not submitted on recycled paper. (b) Nothing in this section shall be construed to apply to: (I) Photographs; (II) An original document that was prepared or printed prior to January 1, 1994; (III) A document that was not created at the direction or under the control of the submitting attorney; Colorado Revised Statutes 2019 Page 14 of 584 Uncertified Printout (IV) Facsimile copies otherwise permitted to be filed with a court of record in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section; (V) Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994. (3) The provisions of this section shall not be applicable if recycled paper is not readily available. (4) For purposes of this section, unless the context requires otherwise: (a) "Attorney" means an attorney-at-law admitted to practice law before any court of record in this state. (b) "Courts of record" shall have the same meaning as set forth in section 13-1-111. (c) "Document" means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a clerk of court concerning any action to be commenced or which is pending before a court of record. (d) "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste. Source: L. 93: Entire section added, p. 622, § 2, effective July 1. Cross references: For further provisions concerning the purchase of recycled paper and recycled products, see §§ 24-103-207, 25-16.5-102, and 30-11-109.5. 13-1-134. Court automation system - juvenile or domestic actions. (1) The general assembly hereby finds, determines, and declares that the accurate and efficient exchange of information between the courts and state family service agencies is beneficial in providing aid to families in need in Colorado. Further, the general assembly declares that the use of a computer automation system to link the courts with each other and with state family service agencies for the purpose of the exchange of information regarding families would aid in identifying and providing services to families in need. It is for this reason that the general assembly has adopted this section. (2) (a) On or before January 15, 1996, the state court administrator shall establish and administer a program for automation of the court computer technology systems in order to link the juvenile courts and district courts involved in domestic actions around the state with each other and with state family service agencies, including, but not limited to, the department of human services, the juvenile probation department, law enforcement offices, and any other agency involved in the investigation, evaluation, or provision of services to families involved in domestic actions pursuant to title 19, C.R.S., and articles 4 and 10 of title 14, C.R.S. Said automation system shall provide those parties linked to the system with automatic access to information obtained by any one of the parties in regard to a family or family member involved in said domestic actions; except that said automation system shall not include information which is required to be kept confidential under any state or federal law. (b) Repealed. (3) The provisions of this section shall not affect the confidentiality of juvenile records. Colorado Revised Statutes 2019 Page 15 of 584 Uncertified Printout Source: L. 93: Entire section added, p. 931, § 1, effective May 28. L. 94: (2) amended, p. 2639, § 86, effective July 1. L. 96: (2)(b) repealed, p. 1264, § 175, effective August 7. Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act repealing subsection (2)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. 13-1-135. Family courts - implementation report. (Repealed) Source: L. 93: Entire section added, p. 1256, § 1, effective June 6. L. 96: (1) repealed, p. 1264, § 176, effective August 7. L. 98: (2) repealed, p. 818, § 13, effective August 5. 13-1-136. Civil protection orders - single set of forms. (1) The general assembly hereby finds that the statutes provide for the issuance of several types of civil protection orders to protect the public, but that many of these protection orders have many elements in common. The general assembly also finds that consolidating the various forms for issuing and verifying service of civil protection orders and creating, to the extent possible, a standardized set of forms that will be applicable to the issuance and service of civil protection orders will simplify the procedures for issuing these protection orders and enhance the efficient use of the courts' and citizens' time and resources. (2) On or before July 1, 2003, the state court administrator, pursuant to the rule-making authority of the Colorado supreme court, shall design and make available to the courts copies of a standardized set of forms that shall be used in the issuance and verification of service of civil protection orders issued pursuant to article 14 of this title or section 14-10-108, C.R.S., or rule 365 of the Colorado rules of county court civil procedure. The state court administrator shall design the standardized set of forms in such a manner as to make the forms easy to understand and use and in such a manner as will facilitate and improve the procedure for requesting, issuing, and enforcing civil protection orders. (3) In developing the standardized set of forms for the issuance and verification of service of civil protection orders pursuant to this section, the state court administrator shall work with representatives of municipal, county, and district court judges, law enforcement, a member of the Colorado bar association, and representatives of other interested groups. Source: L. 98: Entire section added, p. 243, § 1, effective April 13. L. 99: (2) amended, p. 501, § 3, effective July 1. L. 2002: Entire section amended, p. 493, § 2, effective July 1. L. 2003: Entire section amended, p. 1002, § 3, effective July 1. 13-1-137. Reporting of data concerning juvenile proceedings. (1) Notwithstanding section 24-1-136 (11)(a)(I), the judicial branch shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning: (a) The number of juvenile delinquency cases; (b) The number of juvenile delinquency cases that involved an appointment of counsel; (c) The number of juvenile cases that involved a waiver of counsel; Colorado Revised Statutes 2019 Page 16 of 584 Uncertified Printout (d) The status of recommended reviews to juvenile court rules, forms, and chief justice directives regarding the representation of children in juvenile delinquency courts; (e) The number of juvenile delinquency cases that involved a detention hearing, the number of juveniles who were released after the detention hearing, and the number of juveniles who remained in detention after the detention hearing; and (f) The process of training judicial officers and private defense attorneys concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27. Source: L. 2014: Entire section added, (HB 14-1032), ch. 247, p. 955, § 11, effective November 1. L. 2017: IP(1) amended, (SB 17-241), ch. 171, p. 623, § 1, effective April 28. L. 2019: (1)(d) and (1)(e) amended and (1)(f) added, (SB 19-223), ch. 227, p. 2291, § 14, effective July 1. 13-1-138. Notification of court reminder program. A court that participates in the court reminder program established in section 13-3-101 (14)(a)(I) shall notify a criminal defendant or juvenile participant, as defined in section 13-3-101 (14), at each court appearance that the individual can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and shall provide the opportunity for the individual to provide a mobile telephone number or update a mobile telephone number for that purpose. Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, § 2, effective August 2. PART 2 COURT SECURITY CASH FUND COMMISSION 13-1-201. Legislative declaration. (1) The general assembly hereby finds that: (a) Ensuring the safety of employees and users of state court facilities is a significant component of ensuring access to justice for the people of the state of Colorado; (b) Responsibility for providing security for state court facilities lies with the county governments; and (c) Colorado is a geographically, demographically, and economically diverse state and this diversity affects the funding and services of individual counties. Although the provision of security for state court facilities is a county responsibility, the variation in funds available to individual counties may not allow fundamental security measures to be met in each county. (2) The general assembly, therefore, determines and declares that: (a) The creation of the court security cash fund commission and the court security cash fund will be beneficial to, and in the best interests of, the people of the state of Colorado; and (b) The goals of the commission and the cash fund shall be to: Colorado Revised Statutes 2019 Page 17 of 584 Uncertified Printout (I) Provide supplemental funding for ongoing security staffing in the counties with the most limited financial resources; and (II) Provide moneys to counties for court security equipment costs, training of local security teams on issues of state court security, and emergency needs related to court security. Source: L. 2007: Entire part added, p. 1264, § 1, effective May 25. 13-1-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Commission" means the court security cash fund commission created in section 131-203. (2) "Fund" means the court security cash fund created in section 13-1-204. (3) "Local security team" means a group of individuals from a county that oversees issues of court security for the county and that includes, at a minimum, the chief judge of the district court in the county or his or her designee, the sheriff or his or her designee, and a county commissioner or county manager or his or her designee. Source: L. 2007: Entire part added, p. 1265, § 1, effective May 25. 13-1-203. Court security cash fund commission - creation - membership. (1) There is hereby created in the judicial department the court security cash fund commission to evaluate grant applications received pursuant to this part 2 and make recommendations to the state court administrator for awarding grants from the court security cash fund. The commission shall be appointed no later than July 1, 2007. (2) (a) The commission shall be composed of seven members, as follows: (I) Two representatives of an association that represents county commissioners who are recommended by the association and who are appointed by the governor; (II) Two representatives of an association that represents county sheriffs who are recommended by the association and who are appointed by governor; (III) Two members of the judicial branch who are appointed by the chief justice; and (IV) One member of the general public who is appointed by the chief justice. (b) The commission membership described in paragraph (a) of this subsection (2) shall include, at all times, at least one representative from a county in which the population is above the median population for the state of Colorado, as determined by the most recent data published by the department of local affairs, and at least one representative from a county in which the population is below the median population for the state of Colorado, as determined by the most recent data published by the department of local affairs. (3) The term of office of each member of the commission shall be three years; except that, of those members first appointed, one member representing each entity shall be appointed for a one-year term and one member representing each entity shall be appointed for a two-year term. A vacancy shall be filled by the respective appointing authority for the unexpired term only. (4) Members of the commission shall serve without compensation and without reimbursement for expenses. Source: L. 2007: Entire part added, p. 1265, § 1, effective May 25. Colorado Revised Statutes 2019 Page 18 of 584 Uncertified Printout 13-1-204. Court security cash fund - creation - grants - regulations. (1) (a) There is hereby created in the state treasury the court security cash fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the implementation of this part 2. The state court administrator is authorized to accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 2. All private and public moneys received by the state court administrator from gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly. (b) A five-dollar surcharge shall be assessed and collected as provided by law on docket fees and jury fees for specified civil actions filed on and after July 1, 2007, on docket fees for criminal convictions entered on and after July 1, 2007, on filing fees for specified probate filings made on and after July 1, 2007, on docket fees for specified special proceeding filings made on and after July 1, 2007, on fees for specified filings in water matters initiated on and after July 1, 2007, and on docket fees for specified traffic infraction penalties assessed on and after July 1, 2007. The surcharge shall be transmitted to the state treasurer, who shall credit the surcharge to the fund. (c) (I) All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund. (III) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on July 1, 2009, the state treasurer shall deduct five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund. (2) Moneys from the fund that are distributed to counties pursuant to this part 2 shall be used to supplement existing county funding for purposes related to security of facilities containing a state court or probation office and shall not be used to supplant moneys already allocated by the county for such purposes. (3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 2; except that the state court administrator may use up to ten percent of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 2. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated from the fund pursuant to this part 2. (4) In accordance with the principles set out in section 13-1-205, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the fund. Colorado Revised Statutes 2019 Page 19 of 584 Uncertified Printout Source: L. 2007: Entire part added, p. 1266, § 1, effective May 25. L. 2009: (1)(c) amended, (SB 09-208), ch. 149, p. 619, § 7, effective April 20; (1)(c)(III) added, (SB 09-279), ch. 367, p. 1925, § 3, effective June 1. 13-1-205. Grant applications - duties of counties. (1) To be eligible for moneys from the fund, a local security team shall apply to the commission through the state court administrator for moneys to be used as specified in this part 2 and in accordance with the timelines and guidelines adopted by the commission and using the application form provided by the commission. For the commission to consider a grant application, the application shall be signed by the administrative authority of each entity that is represented on the local security team. (2) Grants from the fund shall be used to fund counties that meet the criteria specified in subsection (4) of this section for: (a) The provision of court security staffing at a facility containing a state court or probation office; (b) The purchase of security equipment or related structural improvements for a facility containing a state court or probation office; (c) The provision of training on issues of court security; or (d) Miscellaneous funding needs associated with issues of court security or security equipment. (3) Moneys credited to the fund that are available for grant distribution shall be awarded based on the following priority schedule: (a) Requests from counties that meet the criteria specified in subsection (4) of this section shall have the highest priority; and (b) Requests for moneys for personnel costs shall be given subsequent priority. (4) Counties that meet at least two of the following criteria shall be given the highest priority for need-based grants for court security personnel services pursuant to this part 2: (a) Counties in which the total population is below the state median, as determined by the most recent data published by the department of local affairs; (b) Counties in which the per capita income is below the state median, as determined by the most recent data published by the department of local affairs; (c) Counties in which property tax revenues are below the state median, as determined by the most recent data published by the department of local affairs; or (d) Counties in which the total county population living below the federal poverty line is greater than the state median, as determined by the most recent census published by the United States bureau of the census. Source: L. 2007: Entire part added, p. 1267, § 1, effective May 25. L. 2010: (4)(d) amended, (HB 10-1422), ch. 419, p. 2068, § 21, effective August 11. 13-1-206. Repeal of part. (Repealed) Source: L. 2007: Entire part added, p. 1268, § 1, effective May 25. L. 2017: Entire section repealed, (SB 17-221), ch. 349, p. 1832, § 1, effective June 5. Colorado Revised Statutes 2019 Page 20 of 584 Uncertified Printout PART 3 UNDERFUNDED COURTHOUSE FACILITIES 13-1-301. Legislative declaration. (1) The general assembly hereby finds that: (a) Providing access to state court facilities and ensuring the safety of employees and other users of state court facilities are fundamental components of ensuring access to justice for the people of the state of Colorado; (b) Recent years have seen numerous occasions in which courthouse repair, renovation, improvement, and expansion needs have become important priorities for judicial districts and the counties they serve; (c) In some cases these needs result from anticipated causes, such as expanding caseloads, the allocations of new judges to the district, or the aging of existing courtroom facilities and the attendant need to bring them up to current operational and safety standards; (d) In other cases the needs are driven by unexpected events, such as natural disasters, accidents, or the discovery of previously unknown threats to health and safety; and (e) While the responsibility for providing adequate courtrooms and other court facilities lies with county governments, the geographically, demographically, and economically diverse nature of our state affects the level of funding and services that each county can provide. (2) The general assembly, therefore, determines and declares that: (a) The creation of the underfunded courthouse facility cash fund commission and the underfunded courthouse facility cash fund is beneficial to and in the best interests of the people of the state of Colorado; and (b) The purpose of the commission and the fund is to provide supplemental funding for courthouse facility projects in the counties with the most limited financial resources. Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 691, § 1, effective May 14. 13-1-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Commission" means the underfunded courthouse facility cash fund commission created in section 13-1-303. (2) "Court security cash fund commission" means the court security cash fund commission created in section 13-1-203. (3) "Fund" means the underfunded courthouse facility cash fund created in section 13-1304. (4) "Imminent closure of a court facility" means a court facility with health, life, or safety issues that impact court employees or other court users and that is designated for imminent closure by the state court administrator in consultation with the state's risk management system or other appropriate professionals. Health, life, or safety issues include air quality issues, water intrusion problems, temperature control issues, structural conditions that cannot reasonably be mitigated, fire hazards, electrical hazards, and utility problems. Certain health, life, or safety issues may require additional third-party evaluations such as an environmental or structural engineering review. Colorado Revised Statutes 2019 Page 21 of 584 Uncertified Printout (5) "Master planning" means entering into contracts for professional design services or engineering consulting to determine construction or remodeling options, feasibility, or cost estimates for a proposed building project. Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, § 1, effective May 14. 13-1-303. Underfunded courthouse facility cash fund commission - creation membership. (1) There is hereby created in the judicial department the underfunded courthouse facility cash fund commission to evaluate grant applications received pursuant to this part 3 and make recommendations to the state court administrator for awarding grants from the underfunded courthouse facility cash fund based on the statutory criteria set forth in section 131-305. The commission shall be appointed no later than July 1, 2014. (2) (a) The commission has seven members, as follows: (I) Two representatives of an association that represents county commissioners, appointed by the association; (II) One member from the department of local affairs, appointed by the department of local affairs; (III) Two members from the judicial branch, appointed by the chief justice; (IV) One member from the court security cash fund commission, appointed by the chief justice; and (V) A representative of the state historical society, appointed by the president of the state historical society. (b) The commission membership described in paragraph (a) of this subsection (2) must include, at all times, at least one representative from a county in which the population is above the median population for the state, as determined by the most recent data published by the department of local affairs, and at least one representative from a county in which the population is below the median population for the state, as determined by the most recent data published by the department of local affairs. (3) Each member of the commission serves a three-year term; except that, of those members first appointed, one member representing each entity that appoints two members is appointed for a one-year term and one member representing each entity that appoints two members is appointed for a two-year term. A vacancy must be filled by the respective appointing authority no later than thirty days after the vacating member's last day for the unexpired term only. (4) Members of the commission serve without compensation and without reimbursement for expenses. (5) Four member votes are required for any final commission recommendations. The commission's final recommendations are subject to final approval by the state court administrator and are not subject to any form of appeal. (6) In accordance with the principles set out in section 13-1-305, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the program. Colorado Revised Statutes 2019 Page 22 of 584 Uncertified Printout Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, § 1, effective May 14. 13-1-304. Underfunded courthouse facility cash fund - creation - grants regulations. (1) There is hereby created in the state treasury the underfunded courthouse facility cash fund that consists of any moneys appropriated by the general assembly to the fund. The moneys in the fund are subject to annual appropriation by the general assembly for the implementation of this part 3. The state court administrator may accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 3. All private and public moneys received by the state court administrator from gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund remain in the fund and may not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. (2) Moneys from the fund that are distributed to counties pursuant to this part 3 may only be used for commissioning master planning services, matching funds or leveraging grant funding opportunities for construction or remodeling projects, or addressing emergency needs due to the imminent closure of a court facility. Moneys from the fund may not be allocated for the purchase of furniture, fixtures, or equipment or as the sole source of funding for new construction. Moneys from the fund may not be allocated as the sole source of funding for remodeling, unless the need for funding is associated with the imminent closure of a court facility. (3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 3; except that the state court administrator may use a portion of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 3. The state court administrator, subject to annual appropriation by the general assembly, may expend moneys appropriated from the fund pursuant to this part 3. Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 694, § 1, effective May 14. 13-1-305. Grant applications - duties of counties. (1) To be eligible for moneys from the fund, a county must apply to the commission through the state court administrator, using the application form provided by the commission, in accordance with the timelines and guidelines adopted by the commission. For the commission to consider a grant application, the application must first be reviewed and approved by the chief judge of the county and the board of county commissioners. (2) (a) Grants from the fund may only be used to fund counties that meet the requirements set forth in paragraph (b) of this subsection (2) and the criteria specified in subsection (4) of this section to: (I) Commission master planning services; (II) Serve as matching funds or leverage grant funding opportunities; or Colorado Revised Statutes 2019 Page 23 of 584 Uncertified Printout (III) Address emergency needs due to the imminent closure of a court facility. (b) Grants from the fund may only be awarded to a county when: (I) The county has demonstrated good faith in attempting to resolve the issues before seeking a grant from the fund; (II) The county has agreed to disclose pertinent financial statements to the commission or the state court administrator for review; and (III) The state court administrator is satisfied that the county does not have significant uncommitted reserves. (c) Grants from the fund may not supplant any county funding for a county that has the means to support its court facility. (d) The approval of a grant shall not result in the state or commission assuming ownership or liability for a county courthouse or other county facility that houses county offices and employees. The county shall continue to have ownership and liability for all such facilities. (e) Once a county is awarded a grant, the county shall complete the project as designated and described in the grant award. (f) The commission shall develop a compliance review process to ensure that counties are using each grant as specified in the grant award. (3) Counties that meet all four of the criteria specified in subsection (4) of this section must be given the highest priority for need-based grants for underfunded courthouse facilities pursuant to this part 3. (4) Counties that meet at least two of the following criteria qualify for need-based grants for underfunded courthouse facilities pursuant to this part 3: (a) Counties in which the total population is below the state median, as determined by the most recent data published by the department of local affairs; (b) Counties in which the per capita income is below the state median, as determined by the most recent data published by the department of local affairs; (c) Counties in which property tax revenues are below the state median, as determined by the most recent data published by the department of local affairs; or (d) Counties in which the total county population living below the federal poverty line is greater than the state median, as determined by the most recent census published by the United States bureau of the census. Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 694, § 1, effective May 14. 13-1-306. Legislative review - repeal. The underfunded courthouse facility cash fund commission repeals on September 1, 2024. Prior to repeal, the underfunded courthouse facility cash fund commission is subject to review as provided in section 24-34-104, C.R.S. Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 696, § 1, effective May 14. L. 2016: Entire section amended, (HB 16-1192), ch. 83, p. 233, § 14, effective April 14. ARTICLE 1.5 Uniform Transboundary Pollution Colorado Revised Statutes 2019 Page 24 of 584 Uncertified Printout Reciprocal Access Act 13-1.5-101. Short title. This article may be cited as the "Uniform Transboundary Pollution Reciprocal Access Act". Source: L. 84: Entire article added, p. 451, § 1, effective July 1. 13-1.5-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this article or provides substantially equivalent access to its courts and administrative agencies. (2) "Person" means an individual person, a corporation, a business trust, an estate, a trust, a partnership, an association, a joint venture, a government in its private or public capacity, a governmental subdivision or agency, or any other legal entity. Source: L. 84: Entire article added, p. 451, § 1, effective July 1. 13-1.5-103. Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction. Source: L. 84: Entire article added, p. 451, § 1, effective July 1. 13-1.5-104. Right to relief. A person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction. Source: L. 84: Entire article added, p. 452, § 1, effective July 1. 13-1.5-105. Applicable law. The law to be applied in an action or other proceeding brought pursuant to this article, including what constitutes pollution, is the law of this jurisdiction excluding choice of law rules. Source: L. 84: Entire article added, p. 452, § 1, effective July 1. 13-1.5-106. Equality of rights. This article does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction. Source: L. 84: Entire article added, p. 452, § 1, effective July 1. Colorado Revised Statutes 2019 Page 25 of 584 Uncertified Printout 13-1.5-107. Right additional to other rights. The right provided in this article is in addition to and not in derogation of any other rights. Source: L. 84: Entire article added, p. 452, § 1, effective July 1. 13-1.5-108. Waiver of sovereign immunity. The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this article only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction. Source: L. 84: Entire article added, p. 452, § 1, effective July 1. 13-1.5-109. Uniformity of application and construction. This article shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this article among jurisdictions enacting it. Source: L. 84: Entire article added, p. 452, § 1, effective July 1. ARTICLE 2 Supreme Court Cross references: For procedural rules adopted by the supreme court, see C.A.R. 1 to 58. 13-2-101. Terms of supreme court. In each year there shall be three terms of the supreme court: One beginning on the second Monday in September, another beginning on the second Monday in January, and another beginning on the second Monday in April. Source: L. 1889: p. 443, § 1. R.S. 08: § 1409. C.L. § 5624. CSA: C. 46, § 15. CRS 53: § 37-2-1. C.R.S. 1963: § 37-2-1. 13-2-102. Special terms. Special terms of said court may be called under such general rules and regulations as may be adopted by the court. Source: G.L. § 2614. G.S. § 3235. R.S. 08: § 1410. C.L. § 5625. CSA: C. 46, § 16. CRS 53: § 37-2-2. C.R.S. 1963: § 37-2-2. 13-2-103. Open sessions - oral arguments. The court shall be in open session as often as practicable during each of its terms to hear and determine matters and causes which may come before it, and, at the discretion of the court, oral arguments may be allowed on final hearing in any cause on the request of any party thereto. Source: L. 1889: p. 443, § 2. R.S. 08: § 1411. C.L. § 5626. CSA: C. 46, § 17. CRS 53: § 37-2-3. C.R.S. 1963: § 37-2-3. L. 85: Entire section amended, p. 568, § 1, effective May 31. Colorado Revised Statutes 2019 Page 26 of 584 Uncertified Printout 13-2-104. Quorum - adjournment. If a quorum of the justices of the supreme court is not present on the first day of any term, the court shall stand adjourned from day to day until a quorum attends; and said court, if a quorum is present, may adjourn to any day specified, as may be deemed advisable. Source: G.L. § 2602. G.S. § 3225. R.S. 08: § 1412. C.L. § 5627. CSA: C. 46, § 18. CRS 53: § 37-2-4. C.R.S. 1963: § 37-2-4. 13-2-105. Continuance of causes. All matters, suits, and causes undisposed of at any term of the supreme court shall stand continued to the next succeeding term. Source: G.L. § 2607. G.S. § 3229. R.S. 08: § 1413. C.L. § 5628. CSA: C. 46, § 19. CRS 53: § 37-2-5. C.R.S. 1963: § 37-2-5. 13-2-106. Process from supreme court. All process issued out of the supreme court shall bear teste in the name of the chief justice, be signed by the clerk of the court, sealed with its seal, and made returnable according to law or the rules and orders of the court and shall be executed by the officer to whom the same is directed. Source: G.L. § 2603. G.S. § 3226. R.S. 08: § 1416. C.L. § 5629. CSA: C. 46, § 20. CRS 53: § 37-2-6. C.R.S. 1963: § 37-2-6. 13-2-107. Judge shall not act as attorney. No justice of the supreme court shall practice as an attorney-at-law in any of the courts of the state, nor give advice touching any cause pending or to be brought therein. Source: G.L. § 2608. G.S. § 3230. R.S. 08: § 1419. C.L. § 5631. CSA: C. 46, § 22. CRS 53: § 37-2-7. C.R.S. 1963: § 37-2-7. 13-2-108. Rules of civil procedure. The supreme court has the power to prescribe, by general rules, for the courts of record in the state of Colorado the practice and procedure in civil actions and all forms in connection therewith; except that no rules shall be made by the supreme court permitting or allowing trial judges to comment to the jury on the evidence given on the trial. Such rules shall neither abridge, enlarge, nor modify the substantive rights of any litigants. The supreme court shall fix the dates when such rules take effect and the extent to which they apply to proceedings then pending, and thereafter all laws in conflict therewith shall be of no further force or effect. Source: L. 39: p. 264, § 1. CSA: omitted. CRS 53: § 37-2-8. C.R.S. 1963: § 37-2-8. L. 79: Entire section amended, p. 597, § 5, effective July 1. 13-2-109. Rules of criminal procedure. (1) The supreme court has the power to prescribe, from time to time, rules of pleading, practice, and procedure with respect to all proceedings in all criminal cases in all courts of the state of Colorado. Colorado Revised Statutes 2019 Page 27 of 584 Uncertified Printout (2) The supreme court shall fix the dates when such rules take effect and the extent to which they apply to proceedings then pending. Source: L. 60: p. 118, § 1. CRS 53: § 37-2-34. C.R.S. 1963: § 37-2-27. Cross references: For the Colorado rules of criminal procedure, see chapter 29 of the Colorado court rules. 13-2-110. Court to prescribe rules and forms. The supreme court from time to time may institute rules of practice, and prescribe forms of process to be used, and regulations for the keeping of the records and proceedings of the court, not inconsistent with the constitution or laws of this state. Source: G.L. § 2604. G.S. § 3227. R.S. 08: § 1418. C.L. § 5630. CSA: C. 46, § 21. CRS 53: § 37-2-9. C.R.S. 1963: § 37-2-9. 13-2-111. Employees - compensation. (1) The supreme court may appoint one clerk, two deputy clerks, one librarian of the supreme court library, one reporter and an assistant reporter of its decisions, two bailiffs, and such additional clerical assistants as may be necessary. (2) Each justice of the supreme court may appoint one or more law clerks and such clerical personnel as may be necessary to assist him in fulfilling the duties of his office. (3) All employees appointed under the provisions of subsections (1) and (2) of this section shall be appointed and compensated pursuant to the provisions of section 13-3-105. Source: L. 1891: p. 368, § 1. L. 05: p. 357, § 1. R.S. 08: § 1420. L. 11: p. 610, § 1. L. 17: p. 514, § 1. C.L. § 5632. L. 23: p. 614, § 2. L. 27: p. 677, § 1. CSA: C. 46, §§ 23, 24. L. 37: p. 497, § 3. L. 49: p. 402, § 1. L. 53: p. 295, § 1. CRS 53: § 37-2-10. L. 59: p. 350, § 1. C.R.S. 1963: § 37-2-10. L. 79: (1) and (3) amended, p. 597, § 6, effective July 1. L. 81: (2) R&RE, p. 874, § 1, effective June 18. Cross references: For the reporter of decisions in the court of appeals, see § 13-4-111 (1). 13-2-112. Duties of bailiff. (1) The bailiff appointed shall attend upon the court and the judges thereof. It is the duty of the bailiff to assist the librarian of the supreme court, when not otherwise engaged. (2) In case of the absence of the bailiff, the court or judges may appoint some suitable person to act in his stead, and the person so appointed shall perform like services and shall receive the same salary as the bailiff. Source: L. 1891: p. 368, §§ 2, 3. R.S. 08: §§ 1423, 1424. C.L. §§ 5635, 5636. CSA: C. 46, §§ 28, 29. CRS 53: § 37-2-13. C.R.S. 1963: § 37-2-11. 13-2-113. Fees of clerk of supreme court. Except for the court of appeals docket fees, the supreme court is authorized to fix such fees for the services of the clerk of said court, in Colorado Revised Statutes 2019 Page 28 of 584 Uncertified Printout causes pending therein, as to the court seems proper, such fees to be paid by the parties to a cause pursuant to law and the order of the court. Source: G.L. § 1162. G.S. § 1417. R.S. 08: § 1425. C.L. § 5637. CSA: C. 46, § 30. CRS 53: § 37-2-14. C.R.S. 1963: § 37-2-12. L. 82: Entire section amended, p. 285, § 1, effective July 1. Cross references: For fees payable upon appeal and procedure for waiver thereof, see C.A.R. 12. 13-2-114. Seal of supreme court. The seal of the supreme court shall be one and threequarter inches in diameter, with a device inscribed thereon as follows: Upon a ground of white the figure of justice sitting faced to the left, but with body and face inclined to the front, arms outstretched, and holding in her left hand the scales and in her right the sword of justice. Upon the left, and just above the ground, shall appear the rising sun, with golden rays proceeding therefrom. On the right, and resting upon the ground, a shield, having inscribed thereon the coat of arms of the state of Colorado, the upper part of the shield leaning upon the figure of justice; upon the right of the shield a vine extending from the ground to the top of the shield; above the inscription and around the edge of the seal shall be the words "supreme court"; below the inscription and around the edge of the seal shall be the words, "State of Colorado", engraved thereon. Source: G.L. § 2618. G.S. § 3238. R.S. 08: § 1427. C.L. § 5639. CSA: C. 46, § 32. CRS 53: § 37-2-15. C.R.S. 1963: § 37-2-13. 13-2-115. Pensions of supreme court judges. (1) Any person who has served as a judge of the supreme court of Colorado for not less than ten years, who has ceased to hold said office, and who has reached the age of sixty-five years is entitled to receive an annual pension during the remainder of his life in the amount of one-fourth of the annual salary of an associate judge of the supreme court. If such judge has served twenty years or more and has attained the age of seventy-two years, the annual pension shall be one-third of the annual salary of an associate judge of the supreme court. All pensions due under this section shall be paid monthly out of the general fund of this state. (2) Upon the death of any judge, eligible to receive an annual pension pursuant to this section, who leaves a surviving spouse of at least sixty-five years of age to whom he has been married for at least twenty years, such spouse is entitled to receive a pension during the remainder of such spouse's life, or as long as such spouse remains unmarried, in the amount of seven thousand dollars per year, payable monthly from the general fund of this state. (3) It is the intent of this section to limit the benefits payable under this section to persons, or their widows, who have terminated their service on the supreme court prior to May 16, 1974, or whose election or appointment to the supreme court took place prior to May 16, 1974. The retirement benefits payable to judges of the supreme court who are appointed subsequent to May 16, 1974, shall be as otherwise provided by law. Colorado Revised Statutes 2019 Page 29 of 584 Uncertified Printout Source: L. 25: p. 504, § 1. CSA: C. 46, § 33. L. 39: p. 317, § 1. L. 53: p. 238, § 1. CRS 53: § 37-2-16. L. 55: p. 262, § 1. C.R.S. 1963: § 37-2-14. L. 67: p. 452, § 1. L. 69: p. 242, § 1. L. 74: Entire section amended, p. 233, § 1, effective May 16. L. 77: (2) amended, p. 295, § 4, effective July 1. 13-2-116. Disposition of law books. (1) The state librarian and all other officers who receive for public use from any other state or territory, or any officer thereof, or any other person any books of judicial reports or public statutes or any other books of law shall forthwith cause one copy of such books or statutes, and all of such books of reports, and other books of law to be deposited in the library of the supreme court, there to remain. (2) The supreme court librarian shall furnish the supreme court annually, as the court may direct, a report designating any such copies of judicial reports, statutes, or books of law which, in the librarian's opinion, can be properly removed from the supreme court library and disposed of. (3) The supreme court may take action pursuant to such report by ordering any copies of such judicial reports, statutes, or books of law designated therein disposed of in such manner as it shall determine. Source: G.L. § 2623. G.S. § 3242. R.S. 08: § 1428. L. 11: p. 488, § 1. C.L. § 5640. CSA: C. 46, § 34. CRS 53: § 37-2-17. L. 57: p. 317, § 1. C.R.S. 1963: § 37-2-15. 13-2-117. Librarian to have charge of library. The librarian of the supreme court, under the direction of the court, shall have custody of the books pertaining to the library of the supreme court. Source: G.L. § 2621. G.S. § 3240. R.S. 08: omitted. C.L. § 5641. CSA: C. 46, § 35. L. 37: p. 495, § 1. CRS 53: § 37-2-18. C.R.S. 1963: § 37-2-16. 13-2-118. Duties of librarian. It is the duty of the librarian to keep his office open every day in the year, Saturdays, Sundays, and holidays excepted, from 8:30 a.m. until 5 p.m. of each day, so that the public may have access to the library, under such rules and regulations as the supreme court may prescribe. Source: G.L. § 2622. G.S. § 3241. R.S. 08: § 1429. C.L. § 5642. CSA: C. 46, § 36. CRS 53: § 37-2-19. C.R.S. 1963: § 37-2-17. 13-2-119. Disposition of fees. (1) At the end of each month, all fees collected by the clerk of the supreme court during said month, except fees for admission to the bar and attorney registration fees, shall be deposited by the clerk with the state treasurer, by whom the same shall be kept separate and apart from all other funds in the state treasurer's hands. (2) (Deleted by amendment, L. 98, p. 685, § 1, effective July 1, 1998.) Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 1. C.L. § 5643. CSA: C. 46, § 37. CRS 53: § 37-2-20. C.R.S. 1963: § 37-2-18. L. 79: Entire section amended, p. 597, § Colorado Revised Statutes 2019 Page 30 of 584 Uncertified Printout 7, effective July 1. L. 82: Entire section amended, p. 285, § 2, effective July 1. L. 98: Entire section amended, p. 685, § 1, effective July 1. 13-2-120. Supreme court library fund. The funds so set apart, together with the balance of the fund now in the state treasurer's hands and designated as the "supreme court library fund", shall be known as the "supreme court library fund", and the supreme court is authorized to use said fund for the purchase of books for the supreme court library, for paying the expenses of binding briefs and other documents for use in said library, for the purchase and maintenance of bookcases, catalogues, furniture, fixtures, and other equipment for said library, and for such other library service expenses as the chief justice deems necessary. Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 2. C.L. § 5644. CSA: C. 46, § 38. CRS 53: § 37-2-21. C.R.S. 1963: § 37-2-19. L. 87: Entire section amended, p. 541, § 1, effective April 6. 13-2-121. Manner of disbursement. The state controller is authorized to draw warrants upon said fund, from time to time upon certificate, of the sums required for the purposes specified in section 13-2-120 under the signature of the chief justice or a majority of the judges of the supreme court, and the state treasurer is directed to pay the same out of said fund. Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 3. C.L. § 5645. CSA: C. 46, § 39. CRS 53: § 37-2-22. C.R.S. 1963: § 37-2-20. 13-2-122. Supreme court and court of appeals opinions published. The opinions of the supreme court of the state of Colorado and of the court of appeals shall be published in volumes of the size, as nearly as may be, as present volumes of the Colorado reports, and containing not less than six hundred fifty pages each. Source: L. 1891: p. 369, § 1. R.S. 08: § 1431. C.L. § 5646. CSA: C. 46, § 40. CRS 53: § 37-2-23. C.R.S. 1963: § 37-2-21. L. 69: p. 269, § 4. 13-2-123. Duty of reporter. It is the duty of the reporter of the decisions of said courts, within four months after a sufficient number of opinions to constitute a volume of the prescribed size have been delivered to him, to compile and prepare the same for publication, together with such other proceedings of the supreme court as the justices thereof may designate for insertion in such volume, with syllabi, title pages, digest, and table of cases reported. Source: L. 1891: p. 370, § 2. R.S. 08: § 1434. C.L. § 5649. CSA: C. 46, § 43. CRS 53: § 37-2-26. L. 63: p. 268, § 1. C.R.S. 1963: § 37-2-22. L. 69: p. 269, § 5. 13-2-124. Publication of reports. (1) In lieu of the publication of the opinions of the supreme court and the court of appeals as provided for in this article, the supreme court may designate the published volumes of the decisions of the supreme court and the court of appeals, as the same are published by any person, firm, or corporation, to be the official reports of the decisions of the supreme court and the court of appeals. Any publication so designated as the Colorado Revised Statutes 2019 Page 31 of 584 Uncertified Printout official reports may include both the opinions of the supreme court and the court of appeals in the same volume. (2) When any law of this state refers to the reports of the supreme court of the state of Colorado, said law shall be construed as referring to the reports in which are also contained the reported opinions of the court of appeals created pursuant to article 4 of this title. (3) All books, both bound and unbound, and matrices covering the reports of the supreme court and the court of appeals which were published prior to July 1, 1982, and which are in the custody of the supreme court shall remain in the custody of the supreme court for the purpose of sale or replacement, and the supreme court may fix the price at which the prior official reports of the supreme court and the court of appeals are to be sold to the public. The supreme court may replace any lost or destroyed books free of cost if such books were originally distributed free of cost. The supreme court may authorize the reprinting of any prior volumes, the replacement supply of which has become exhausted or insufficient. The supreme court may also contract for the storage of such books and to sell, give away, destroy, or otherwise dispose of any excess books, bound or unbound, which it deems not needed to provide a reasonable replacement supply. Source: L. 1891: p. 370, § 3. R.S. 08: § 1435. L. 19: p. 682, § 1. C.L. § 5650. L. 27: p. 678, § 1. CSA: C. 46, § 44. CRS 53: § 37-2-27. L. 57: p. 318, §§ 1, 2. L. 63: p. 268, § 2. C.R.S. 1963: § 37-2-23. L. 69: p. 269, § 6. L. 82: Entire section R&RE, p. 287, § 1, effective July 1. 13-2-125. Purchase, distribution, and sale of reports. (1) Upon the publication of each volume of the reports of the supreme court and the court of appeals under contract with the judicial department, the publisher shall be responsible for distributing as many copies as are required to meet the needs of the state in accordance with a list provided by the librarian of the supreme court. Costs of mailing incurred in such distribution shall be borne by the state from appropriations made to the judicial department. (2) The distribution pursuant to subsection (1) of this section shall include the following: (a) State and territorial libraries, as directed by the librarian of the supreme court; (b) The library of congress and of the United States supreme court; (c) The attorney general and secretary of state of Colorado, and officials of the executive branch as required; (d) District attorneys and judges of Colorado courts of record; (e) The justices and reporter of the Colorado supreme court; (f) The law library of the university of Colorado, and the library of any other accredited law school in Colorado; (g) Copies for use in the supreme court library and by the general assembly; (h) Copies to be used for exchange purposes in the maintenance of the supreme court library, as directed by the librarian of the supreme court; (i) Office of legislative legal services. (3) All copies distributed to offices and agencies of the state of Colorado are at all times the property of the state and not the personal property of the incumbents of the respective offices and shall be so marked as the property of the state. This shall not apply to the justices and reporter of the supreme court as to volumes prepared during their tenure of office. Colorado Revised Statutes 2019 Page 32 of 584 Uncertified Printout (4) The publisher shall sell the reports of the supreme court and the court of appeals to the public at a price which is set at the cost of the report plus a twenty percent markup for handling. The publisher shall retain the markup charges and remit to the state the costs of the reports sold as reimbursement to the general fund for payment by the state of the expenses of publication thereof. The unsold copies of all reports shall remain the property of the state and shall be returned by the publisher to the secretary of state upon the termination of the contract for publication. Until otherwise designated by law or order of the chief justice of the Colorado supreme court, the secretary of state shall be the legal custodian of the reports of the supreme court and the court of appeals. The secretary of state shall sell any remaining copies of such reports to the public at such cost plus twenty percent and transmit the sale proceeds to the state treasurer for deposit to the credit of the general fund. Source: L. 1891: p. 371, § 7. R.S. 08: § 1438. C.L. § 5653. L. 27: p. 680, § 1. CSA: C. 46, § 46. L. 37: p. 495, § 2. CRS 53: § 37-2-30. L. 63: p. 269, § 3. C.R.S. 1963: § 37-2-24. L. 75: (1), IP(2), and (4) amended, p. 850, § 2, effective July 1. L. 76: (1) and (4) amended, p. 515, § 1, effective April 19. L. 88: (2)(i) amended, p. 310, § 18, effective May 23. 13-2-126. Reports and session laws furnished. (1) The legal custodian of publications of the state of Colorado is directed to furnish to the law library of the university of Colorado free of charge from existing stocks if feasible and in any event as such publications are from time to time issued: (a) Thirty copies each of the reports of the supreme court of the state of Colorado; and (b) Fifty copies of any published regulations and decisions of the various administrative agencies of the state of Colorado; and (b.5) Such number of copies, not to exceed fifty, of the session laws of Colorado as the law librarian for the university of Colorado may from time to time request; and (c) Five copies each of the Colorado yearbook; and (d) Two copies each of published legislative journals, published opinions and reports of the attorney general, and printed briefs and abstracts of record of the supreme court of Colorado. (2) The law library is authorized to exchange any or all of the above publications for like publications of other jurisdictions. Source: L. 15: p. 482, § 1. C.L. § 5655. CSA: C. 46, § 48. L. 49: p. 338, § 1. CRS 53: § 37-2-32. C.R.S. 1963: § 37-2-25. L. 75: IP(1) amended, p. 851, § 3, effective July 1. L. 2015: (1)(b) amended and (1)(b.5) added, (SB 15-264), ch. 259, p. 948, § 28, effective August 5. 13-2-127. Method for review. Appellate review by the supreme court of any action or proceeding of an inferior tribunal, whether such action or proceeding is civil, criminal, special, statutory, common law, or otherwise, shall be prescribed by rule of the supreme court, except as otherwise provided by law. Source: L. 41: p. 369, § 1. CRS 53: § 37-2-33. C.R.S. 1963: § 37-2-26. L. 64: p. 225, § 58. L. 69: p. 269, § 7. ARTICLE 3 Colorado Revised Statutes 2019 Page 33 of 584 Uncertified Printout Judicial Departments 13-3-101. State court administrator - report - definition - repeal. (1) There is created, pursuant to section 5 (3) of article VI of the state constitution, the position of state court administrator, who is appointed by the justices of the supreme court at such compensation as is determined by them. The state court administrator is responsible to the supreme court, and in addition to the duties described within this section, the state court administrator shall perform the duties assigned to him or her by the chief justice and the supreme court. (2) The state court administrator shall employ such other personnel as the supreme court deems necessary to aid the administration of the courts, as provided in section 5 (3) of article VI of the state constitution. (3) The state court administrator shall establish standards to ensure proficiency in court reporting in the courts of this state. The state court administrator shall also develop or cause to be developed examinations no less difficult than the examinations of the national shorthand reporters association and shall qualify those individuals who successfully complete such examination. (4) Repealed. (5) The state court administrator shall provide to the director of research of the legislative council criminal justice information and statistics and any other related data requested by the director. The state court administrator shall provide to the state commission on judicial performance and to district commissions on judicial performance, established in section 13-5.5104, case management statistics for justices and judges who are being evaluated. (6) The state court administrator shall make grants from the family violence justice fund pursuant to the provisions of section 14-4-107, C.R.S. (7) (a) The state court administrator shall make grants from the family-friendly court program cash fund pursuant to the provisions of section 13-3-113. (b) Repealed. (7.5) The state court administrator shall make grants from the eviction legal defense fund pursuant to the provisions of section 13-40-127. (8) Repealed. (9) The state court administrator is authorized to seek federal funding as it becomes available on behalf of the state court system for the establishment, maintenance, or expansion of veterans' treatment courts. (10) Repealed. (11) (a) There is created in the office of the state court administrator a position responsible for education and outreach regarding judicial office vacancies. The position shall create and deliver educational programming for attorneys and law students regarding judicial vacancies and the application process. (b) (I) The position shall report on or before October 1, 2020, and on or before October 1 each year thereafter through 2030, to the chief justice of the supreme court and the judiciary committees of the house of representatives and senate, or any successor committees, concerning the background, professional history, and qualifications of judicial officers in the state. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the Colorado Revised Statutes 2019 Page 34 of 584 Uncertified Printout report required in this section continues until the repeal of this subsection (11)(b) pursuant to subsection (11)(b)(II) of this section. (II) This subsection (11)(b) is repealed, effective January 1, 2031. (12) (a) On or before November 1, 2019, and on or before each November 1 thereafter, the state court administrator shall submit a report to the joint budget committee of the general assembly and the judiciary committees of the house of representatives and the senate, or any successor committees, on case management statistics for the prior state fiscal year that includes: (I) The total number and types of: (A) New district court cases assigned; (B) District court cases resolved; and (C) District court cases remaining on the docket; and (II) For each judicial district and each district court judge the total number and types of: (A) New district court cases assigned; (B) District court cases resolved; and (C) District court cases remaining on the docket. (b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (12)(a) of this section continues indefinitely. (13) The state court administrator or his or her designee shall present at the judicial department's hearing pursuant to section 2-7-203 statistics related to extreme risk protection orders in article 14.5 of this title 13. The statistics must include the number of petitions filed for temporary extreme risk protection orders, the number of petitions filed for extreme risk protection orders, the number of temporary extreme risk protection orders issued and denied, the number of extreme risk protection orders issued and denied, the number of temporary extreme risk protection orders terminated, the number of extreme risk protection orders terminated, and the number of extreme risk protection orders renewed. The state court administrator or his or her designee shall also report state court data related to all persons who are subject to any temporary emergency risk protection order or emergency risk protection order and who, within thirty days after the issuance or execution of the protection order, are charged with a criminal offense. The report must include the nature of the criminal offense, including but not limited to any offense for violation of the emergency risk protection order and the disposition or status of that criminal offense. (14) (a) (I) On and after January 1, 2020, the state court administrator shall administer a court reminder program in at least four judicial district courts to remind criminal defendants and juvenile participants to appear at each of their scheduled court appearances and to provide reminders about an unplanned court closure. The objective of such reminders is to significantly reduce the number of criminal defendants and juvenile participants who are taken into custody solely as a result of their failure to appear in court. No later than July 1, 2020, the program must be administered in every eligible court, as defined in subsection (14)(h) of this section, in the state. (II) The state court administrator shall issue a request for proposal to choose a thirdparty vendor to develop and operate the court reminder program. At the conclusion of the request for proposal process, the state court administrator may choose to develop and operate the program without utilizing a third-party vendor. (III) A phone number collected for the express purpose of administering the court reminder program pursuant to this section must be kept separate from other identifying Colorado Revised Statutes 2019 Page 35 of 584 Uncertified Printout information. Such phone number must only be used to achieve the statutory objective of the program as described in subsection (14)(a)(I) of this section and must not be used or shared by the judicial department for any other purpose. (b) In administering the program, the state court administrator shall prioritize the use of text messages to remind criminal defendants and juvenile participants who have agreed to receive text messages and have the capacity to receive text messages at the mobile telephone number provided. The program must use text messages unless and until a more effective technological means of reminding defendants and juvenile participants becomes available. In addition, or when a defendant or juvenile participant is unable to receive text messages, the state court administrator, at his or her discretion, may also use other communication methods, including telephone, e-mail, or other internet-based technology to remind defendants and juvenile participants of court dates and unplanned court closures. (c) The program must: (I) Provide at least two text message reminders for all court appearances for criminal defendants and juvenile participants in an eligible court with the capacity to receive text messages and for whom the state court administrator has a working mobile telephone number. The reminders must include at least the date, location, and time of the court appearance and contact information for questions related to the court appearance. (II) Provide an alert to a defendant or juvenile participant who misses court that the defendant or juvenile has missed court and that the defendant or juvenile should immediately contact his or her attorney, if the defendant or juvenile has one, or the court to determine next steps; (III) Identify each instance in which a criminal defendant or juvenile participant was sent a text message reminder to a working mobile telephone number; (IV) Identify defendants and juvenile participants with upcoming court appearances who cannot be reached and, as resources allow, attempt to acquire current contact information; and (V) Collect data concerning the number of criminal defendants and juvenile participants who fail to appear at their scheduled court appearances despite having been sent one or more reminders to a working telephone number. (d) Each eligible court shall utilize the reminder services of the state court administrator described in this subsection (14) unless the court chooses to opt out and has its own procedure for using text messaging to remind all criminal defendants and juvenile participants to appear at their scheduled court appearances and remind them of an unplanned court closure. (e) On and after January 1, 2020, the state court administrator shall track data in each eligible court concerning the failure of criminal defendants and juvenile participants to appear for their scheduled court appearances. (f) In its annual report to the committees of reference pursuant to section 2-7-203, the judicial department shall include information concerning the activities of the state court administrator pursuant to this subsection (14). To the extent practicable, the report must include: (I) The number of reminders sent to a criminal defendant's or juvenile participant's working telephone number in each eligible court; (II) The number of criminal defendants and juvenile participants in each eligible court who failed to appear for a court hearing; Colorado Revised Statutes 2019 Page 36 of 584 Uncertified Printout (III) The number of criminal defendants and juvenile participants in each eligible court who were sent a reminder to a working telephone number from the program but who nonetheless failed to appear for a court hearing; and (IV) Any other data collected by the state court administrator that the state court administrator determines to be useful to the general assembly in assessing the effectiveness of the program at reducing the number of criminal defendants and juvenile participants who fail to appear for their court appearances and reducing the number of criminal defendants and juvenile participants who are jailed for failure to appear at a court appearance. (g) Nothing in this subsection (14) creates a right for any criminal defendant or juvenile participant to receive a reminder from the program. (h) As used in this subsection (14), unless the context otherwise requires: (I) "Eligible court" means a district court, county court, or municipal court that uses the integrated Colorado online network that is the judicial department's case management system. (II) "Juvenile participant" means a juvenile who has been alleged to have committed a delinquent act, as defined in section 19-1-103 (36), who is required to appear before an eligible court. "Juvenile participant" includes the juvenile's parent, guardian, or legal custodian. (15) [Editor's note: Subsection (15) is effective January 1, 2021.] The state court administrator shall administer the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act", article 23 of title 15. Source: L. 53: p. 236, § 1. CRS 53: § 37-10-1. L. 59: p. 356, § 1. L. 67: p. 453, § 5. C.R.S. 1963: § 37-11-1. L. 77: (3) added, p. 779, § 1, effective June 19; (4) added, p. 861, § 1, effective July 1, 1979. L. 79: (4)(a)(III) amended, p. 1663, § 130, effective July 1. L. 84: (4) repealed, p. 453, § 1, effective March 26. L. 94: (5) added, p. 1098, § 11, effective May 9. L. 99: (6) added, p. 1180, § 6, effective June 2. L. 2002: (7) added, p. 631, § 2, effective July 1. L. 2005: (7)(b) repealed, p. 1004, § 2, effective June 2. L. 2006: (8) added, p. 1590, § 1, effective June 2. L. 2008: (5) amended, p. 1284, § 13, effective July 1. L. 2010: (9) added, (HB 10-1104), ch. 139, p. 465, § 2, effective April 16. L. 2017: (5) amended, (HB 17-1303), ch. 331, p. 1780, § 2, effective August 9. L. 2018: (10) added, (SB 18-056), ch. 298, p. 1820, § 4, effective August 8. L. 2019: (11) and (12) added, (SB 19-043), ch. 41, p. 142, § 11, effective March 21; (13) added, (HB 19-1177), ch. 108, p. 399, § 2, effective April 12; (7.5) added, (SB 19-180), ch. 372, p. 3391, § 3, effective May 30; (1) amended and (14) added, (SB 19-036), ch. 293, p. 2684, § 1, effective August 2; (15) added, (HB 19-1229), ch. 252, p. 2446, § 2, effective January 1, 2021. Editor's note: (1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980). (2) Subsection (8)(b) provided for the repeal of subsection (8), effective January 1, 2007. (See L. 2006, p. 1590.) (3) Subsection (15) was numbered as (14) in HB 19-1229 but was renumbered on revision for ease of location. (4) Subsection (10)(c) provided for the repeal of subsection (10), effective June 30, 2019. (See L. 2018, p. 1820.) Colorado Revised Statutes 2019 Page 37 of 584 Uncertified Printout Cross references: For the legislative declaration in the 2010 act adding subsection (9), see section 1 of chapter 139, Session Laws of Colorado 2010. For the legislative declaration in SB 19-180, see section 1 of chapter 372, Session Laws of Colorado 2019. 13-3-102. Surveys - conferences - reports. (1) The state court administrator under the direction of the chief justice shall make a continuous survey of the conditions of the dockets and the business of the courts of record and shall make reports and recommendations thereon to the chief justice. (2) The chief justice shall assemble the judges of the courts of record at least once yearly to discuss such recommendations and such other business as will benefit the judiciary and the expedition of the business of the several courts. When so summoned, the judges of the courts of record shall attend such conferences at the expense of the state of Colorado. Each judge shall file a verified itemized statement of the mileage and all moneys actually paid out for personal maintenance expenses in attending such conferences with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund. Unless excused by illness, such judges are required to attend the conferences unless excused by the chief justice. (3) Repealed. Source: L. 53: p. 236, § 2. CRS 53: § 37-10-2. L. 59: p. 357, § 1. C.R.S. 1963: § 3711-2. L. 67: p. 453, § 6. L. 97: (3) repealed, p. 1482, § 37, effective June 3. 13-3-103. Nominating and discipline commissions - expenses. (1) Members of judicial nominating commissions appointed pursuant to section 24 of article VI of the state constitution and members of the commission on judicial discipline appointed pursuant to section 23 of article VI of the state constitution shall be reimbursed for actual and necessary personal maintenance expenses while performing official duties, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where official duties are performed. (2) The mileage and expenses incurred by members of judicial nominating commissions and members of the commission on judicial discipline shall be paid from funds appropriated to the judicial department of the state. Each commission member shall keep an account of the mileage and all moneys actually paid out for personal maintenance expenses and shall file a verified itemized statement thereof with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund. Source: L. 53: p. 237, § 3. CRS 53: § 37-10-3. L. 59: p. 358, § 1. L. 67: p. 454, § 7. C.R.S. 1963: § 37-11-3. L. 72: p. 590, § 55. L. 79: (1) amended, p. 597, § 8, effective July 1. L. 87: Entire section amended, p. 1576, § 12, effective July 10. Colorado Revised Statutes 2019 Page 38 of 584 Uncertified Printout 13-3-104. State shall fund courts. (1) The state of Colorado shall provide funds by annual appropriation for the operations, salaries, and other expenses of all courts of record within the state, except for county courts in the city and county of Denver and municipal courts. (2) When a board of county commissioners determines that any furniture or equipment transferred to the judicial department as of January 1, 1970, has historic value, it shall remain in the county courthouse and revert to the county when no longer used by the judicial department. Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-6. L. 77: Entire section amended, p. 780, § 1, effective May 24. L. 2006: (1) amended, p. 141, § 6, effective August 7. 13-3-105. Personnel - duties - qualifications - compensation - conditions of employment. (1) The supreme court, pursuant to section 5 (3) of article VI of the state constitution, shall prescribe, by rule, a personnel classification plan for all courts of record to be funded by the state, as provided in section 13-3-104. (2) Such personnel classification and compensation plan shall include: (a) A basic compensation plan of pay ranges to which classes of positions are assigned and may be reassigned; (b) The qualifications for each position or class of positions, including education, experience, special skills, and legal knowledge; (c) An outline of the duties to be performed in each position or class of positions; (d) The classification of all positions based on the required qualifications and the duties to be performed, taking into account, where applicable, the amount and kinds of judicial business in each court of record subject to the provisions of this section; (e) The number of full-time and part-time positions, by position title and classification, in each court of record subject to the provisions of this section; (f) The procedures for and the regulations governing the appointment and removal of court personnel; and (g) The procedures for and regulations governing the promotion or transfer of court personnel. (3) The supreme court shall also prescribe by rule: (a) The amount, terms, and conditions of sick leave and vacation time for court personnel, including annual allowance and accumulation thereof; and (b) Hours of work and other conditions of employment. (4) To the end that all state employees are treated generally in a similar manner, the supreme court, in promulgating rules as set forth in this section, shall take into consideration the compensation and classification plans, vacation and sick leave provisions, and other conditions of employment applicable to employees of the executive and legislative departments. Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-7. 13-3-106. Judicial department operating budget - fiscal procedures. (1) (a) The court administrator, subject to the approval of the chief justice, shall prepare annually a consolidated operating budget for all courts of record subject to the provisions of section 13-3104, such budget to be known as the judicial department operating budget. Colorado Revised Statutes 2019 Page 39 of 584 Uncertified Printout (b) The court administrator, subject to the approval of the chief justice, shall prepare an annual budget request upon forms and according to procedures agreed to by the executive director of the department of personnel and the joint budget committee of the general assembly. The budget request documents and such additional information as may be requested shall be submitted to the department of personnel and the joint budget committee according to the same time schedule for budgetary review and analysis required of all executive agencies. The governor shall include recommendations for court appropriations as part of his or her regular budget message and according to section 24-37-301, C.R.S. The general assembly, upon recommendation of the joint budget committee, shall make appropriations to courts based on an evaluation of the budget request and the availability of state funds. (2) The court administrator, subject to the approval of the chief justice, shall prescribe the procedures to be used by the judicial department and each court of record subject to the provisions of section 13-3-104, with respect to: (a) The preparation of budget requests; (b) The disbursement of funds appropriated to the judicial department by the general assembly; (c) The purchase of forms, supplies, equipment, and other items as authorized in the judicial department operating budget; and (d) Any other matter relating to fiscal administration. (3) The court administrator shall consult with the state controller in the preparation of regulations pertaining to budgetary and fiscal procedures and forms and the disbursement of funds. Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-8. L. 72: p. 590, § 56. L. 76: (1)(b) amended, p. 301, § 28, effective May 20. L. 83: (1)(b) amended, p. 971, § 27, effective July 1, 1984. L. 95: (1)(b) amended, p. 638, § 24, effective July 1. Cross references: For the legislative declaration contained in the 1995 act amending subsection (1)(b), see section 112 of chapter 167, Session Laws of Colorado 1995. 13-3-107. Consolidation of offices of clerks of court in certain counties. (1) The chief justice, pursuant to his authority under section 5 of article VI of the state constitution, may consolidate the offices of the clerks of the district and county courts in any county when he finds that there is insufficient judicial business to warrant the maintenance of separate offices. (2) When the offices of the clerk of the district and county courts are so consolidated, the consolidated office shall be under a single clerk, who shall be both the clerk of the district court and the clerk of the county court; except that all functions, operations, and records required to be kept separate shall be so kept. Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-9. L. 79: (1) amended, p. 598, § 9, effective July 1. 13-3-108. Maintenance of court facilities - capital improvements. (1) The board of county commissioners in each county shall continue to have the responsibility of providing and Colorado Revised Statutes 2019 Page 40 of 584 Uncertified Printout maintaining adequate courtrooms and other court facilities including janitorial service, except as otherwise provided in this section. (2) The court administrator, subject to the approval of the chief justice, shall prepare annually a capital construction budget. The capital construction budget shall specify: The additional court housing facilities required for each court; the estimated cost of such additional structures or facilities and whether such additional court structures or facilities will include space used by other governmental units for nonjudicial purposes; and a detailed report on the present court facilities currently in use and the reasons for their inadequacy. (3) (Deleted by amendment, L. 97, p. 1482, § 38, effective June 3, 1997.) (4) (a) The chief justice is authorized to approve payment of state funds for the construction of any capital improvement facilities to be used for judicial purposes authorized and approved by the general assembly. (b) The court administrator, with the approval of the chief justice, shall enter into leasing agreements with the governing body of the appropriate local unit of government when joint construction is authorized, or when the approved facilities are also to be used for nonjudicial purposes. The leasing agreement shall provide for the payment of state funds for that portion of the construction costs related to the operation of the courts. (5) Construction or remodeling of any court or court-related facility shall be commenced only with prior approval of the chief justice of the Colorado supreme court after consultation with the board of county commissioners; except that a board of county commissioners, at its discretion, may take such actions. Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-10. L. 72: p. 591, § 57. L. 75: (5) added, p. 565, § 1, effective July 1; (5) added, p. 558, § 9, effective July 1. L. 78: (2) and (3) amended, p. 261, § 43, effective May 23. L. 97: (2) and (3) amended, p. 1482, § 38, effective June 3. L. 2006: (5) amended, p. 142, § 7, effective August 7. Editor's note: Amendments to subsection (5) by House Bill 75-1049 and House Bill 751055 were harmonized. 13-3-109. Retirement - past service benefits. (1) Past service benefits in the public employees' retirement association shall be purchased for each employee covered under sections 13-3-104 and 13-3-105 who, on January 1, 1970, meets all of the following conditions: (a) Is sixty years of age or older; (b) Was not a member of a county or a city and county retirement plan, or, if a member, is not eligible to receive a deferred annuity; (c) If a member of a county or a city and county retirement plan, has withdrawn the funds credited to his account with the county or city and county retirement fund, and paid the full amount thereof, exclusive of any voluntary contributions to such county or city and county retirement plan, into the public employees' retirement association, or who withdraws such funds and deposits them with the public employees' retirement association no later than March 31, 1970. (2) (a) When an employee meets all of the conditions in subsection (1) of this section, the public employees' retirement association shall grant him prior service credit based on length Colorado Revised Statutes 2019 Page 41 of 584 Uncertified Printout of service in a court, or department thereof, covered under sections 13-3-104 and 13-3-105, up to a maximum of five years. (b) The public employees' retirement association shall calculate the cost of granting such prior service credit to each employee, after giving credit for the amount paid, if any, by the employee, and shall bill the judicial department for such cost. In the event that the cost for an employee is less than the amount paid in by him pursuant to subsection (1)(c) of this section, the treasurer of the public employees' retirement association shall instead refund the difference to the employee. (c) The judicial department shall include the total of such billings in its appropriation request. The grant of prior service credits provided in paragraph (a) of this subsection (2) shall be made only if an appropriation therefor is made by the general assembly. (3) (a) Any employee under the age of sixty years covered under sections 13-3-104 and 13-3-105 who has been a member of a county or city and county retirement plan may purchase prior service credit by withdrawing the funds credited to his account with the county or city and county retirement fund and paying the full amount thereof into the public employees' retirement fund. (b) The public employees' retirement association shall calculate the amount of prior service credit purchased by an employee as provided in paragraph (a) of this subsection (3) and shall so notify him. (c) An employee covered under sections 13-3-104 and 13-3-105 may also purchase prior service credit, not to exceed the actual number of years of employment in a court of record, or department thereof, by making a direct payment to the public employees' retirement association in an amount determined by the public employees' retirement association to be actuarially sound and without expense to the state. (4) For the purposes set forth in article 51 of title 24, C.R.S., the employees for whom prior service credit is granted under this section shall be considered to have been employees of the state for the period of such prior service. Source: L. 69: p. 248, § 4. C.R.S. 1963: § 37-11-11. L. 79: (3)(c) amended, p. 603, § 1, effective June 19. L. 87: (1)(c), (2)(b), (3)(c), and (4) amended, p. 1091, § 5, effective July 1. 13-3-110. Expenses and compensation of judges outside county of residence. (1) When it is necessary for any district court judge, in the discharge of his duties, to hold court or transact judicial business outside the county of his residence, whether within or without the judicial district in which he resides, he shall be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled going to and returning from the place where he is engaged in judicial duties. (2) When any county judge, juvenile court judge, or probate court judge is assigned to perform judicial duties in a court outside of his county of residence pursuant to section 5 (3) of article VI of the state constitution, he shall be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually Colorado Revised Statutes 2019 Page 42 of 584 Uncertified Printout and necessarily traveled going to and returning from the place where he is engaged in judicial duties. (3) (a) When any county judge is assigned to perform judicial duties in a district, probate, or juvenile court outside of the judicial district in which he resides, as provided in section 13-6-218, he shall be paid for each day of such judicial duty, in addition to reimbursement for expenses and mileage as provided in this section, an amount equal to the difference between his per diem salary and the per diem salary of the judge of the court to which he is assigned. (b) (I) When any county judge from a county of Class C or Class D is assigned to perform judicial duties in any district court pursuant to section 5 (3) of article VI of the state constitution, and when the duties the county judge performs increase the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 1330-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of the judge of the district court to which the county judge is assigned. (II) When any county judge from a county of Class C or Class D is assigned to perform judicial duties in any other county court pursuant to section 5 (3) of article VI of the state constitution, and when the duties the county judge performs increase the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 1330-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of a full-time county judge. (c) For the purposes of this subsection (3), the per diem salary of a judge shall be computed by dividing his annual salary by the figure two hundred forty. (4) When a retired justice of the supreme court or retired judge of any other court of record is assigned to judicial duties pursuant to section 5 (3) of article VI of the state constitution, he shall be compensated as provided in said section and be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where he is engaged in judicial duties. (5) Any mileage and expenses incurred by a judge or a retired justice or judge pursuant to this section, except judges assigned to the county court of the city and county of Denver, shall be paid by the state pursuant to section 13-3-104. The records and procedures for such payment shall be prescribed by the state court administrator pursuant to section 13-3-106. (6) Any per diem salary pursuant to subsection (3) or (4) of this section shall be paid by the state pursuant to section 13-3-104. The records and procedures for such payments shall be prescribed by the state court administrator pursuant to section 13-3-106. Source: L. 71: p. 366, § 1. C.R.S. 1963: § 37-11-12. L. 72: p. 187, § 1. L. 79: (1), (2), and (4) amended, p. 598, § 10, effective July 1. L. 82: (3)(b) amended, p. 289, § 1, effective March 17. L. 85: (2) and (3)(a) amended, p. 569, § 2, effective November 14, 1986. L. 89: (1), (2), and (4) amended, p. 747, § 1, effective July 1. L. 97: (3)(b) amended, p. 768, § 3, effective July 1, 1998. Colorado Revised Statutes 2019 Page 43 of 584 Uncertified Printout Cross references: For compensation of justices and judges, see § 13-30-103. 13-3-111. Appointment of retired or resigned justice or judge pursuant to agreement of parties - appointment discretionary. (1) Upon agreement of all appearing parties to a civil action that a specific retired or resigned justice of the supreme court or a retired or resigned judge of any other court be assigned to hear the action and upon agreement that one or more of the parties shall pay the agreed upon salary of the selected justice or judge, together with all other salaries and expenses incurred, the chief justice may assign any retired or resigned justice or retired or resigned intermediate appellate, district, county, probate, or juvenile court judge who consents temporarily to perform judicial duties for such action. (2) The decision as to whether a retired or resigned justice or judge shall be assigned to judicial duties, pursuant to subsection (1) of this section, shall be entirely within the discretion of the chief justice. The chief justice may require such undertakings as in his or her opinion may be necessary to ensure that proceedings held pursuant to this section shall be without expense to the state. (3) Such appointment may be made at any time after the action is at issue. (4) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided over by a judge appointed pursuant to this section shall have the same force and effect as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly serving judge. (5) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided over by a judge appointed pursuant to this section may be enforced or appealed in the same manner as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly sitting judge. (6) The salaries and expenses paid to judges appointed pursuant to this section shall be at the rate agreed upon by the parties and the judge. (7) The supreme court may promulgate such rules as may be necessary to implement this section. Source: L. 81: Entire section added, p. 875, § 1, effective May 26. L. 96: (1) to (3) and (6) amended, p. 128, § 1, effective August 7. L. 98: Entire section amended, p. 92, § 1, effective March 23. 13-3-112. Report on increase in docket fees. (Repealed) Source: L. 90: Entire section added, p. 851, § 10, effective May 31. L. 96: Entire section repealed, p. 1267, § 187, effective August 7. 13-3-113. "Family-friendly Courts Act". (1) Short title. This section shall be known and may be cited as the "Family-friendly Courts Act". (2) Legislative declaration. (a) The general assembly hereby finds and declares that many families experience challenges and transitions with legal ramifications that often necessitate court involvement. Frequently individuals and family members attend court or visit other governmental offices for juvenile delinquency proceedings, domestic relations proceedings, protective proceedings related to domestic abuse or domestic violence, child Colorado Revised Statutes 2019 Page 44 of 584 Uncertified Printout protection proceedings, meetings with probation officers, and other matters. Many persons who attend court proceedings are responsible for the care of young children. For many such individuals, child care issues can distract from, if not present obstacles or even barriers to, effective and complete participation in ongoing court proceedings. The general assembly finds that these issues were acknowledged and addressed in the 1999 report entitled "Creating Family Friendly Courts in Colorado: Children's Centers for the Courthouse", which report was submitted by the Colorado supreme court family friendly facilities task force and which report recommended the establishment of children's centers in courthouses. (b) The general assembly further finds that the same individuals who are in need of child care services when they are participating in court proceedings may also benefit from the availability of information and resource referrals relating to certain types of services within the community, including services addressing at-risk youth, employment counseling, employment training and placement, health education and counseling, financial management, education, legal counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs, and substance abuse. (c) The general assembly further finds that individuals who are involved in court proceedings may have additional court-ordered service needs involving their children, including, but not limited to, supervised parenting time and the transfer of the physical custody of a child from one parent to the other. (d) The general assembly therefore determines and declares that the creation of familyfriendly court programs is beneficial to and in the best interests of the citizens of Colorado. The general assembly further finds that the goal of such programs shall primarily be providing quality child care in or near courthouses to the children of individuals and families who attend court-related proceedings but that such programs may also provide additional court-related family services at the facility and serve as a clearinghouse of information and resource referrals for program patrons concerning the wide variety of available services in the community, including services that provide help to at-risk youth; educational services; health services; behavioral, mental health, and substance use disorder services; legal services; and domestic abuse information. (3) Definitions. For purposes of this section: (a) "At-risk youth" shall have the same meaning as set forth in section 26-6.8-104 (3), C.R.S. (b) "Domestic abuse" shall have the same meaning as set forth in section 13-14-101 (2). (c) "Domestic violence" shall have the same meaning as set forth in section 18-6-800.3 (1), C.R.S. (d) "Family-friendly court services" means child care and court-related family services provided in the courthouse or courthouse complex or in reasonable proximity to the courthouse. (e) "Program" means the family-friendly court program established pursuant to this section. (4) Provision of family-friendly court services. There is hereby created the familyfriendly court program. The purpose of the program shall be to provide quality family-friendly court services to families and the children of individuals who are attending court proceedings or related matters and to serve as a central location for the dissemination of information to families about resources and services relating to at-risk youth, employment counseling, employment training and placement, health education and counseling, financial management, education, legal Colorado Revised Statutes 2019 Page 45 of 584 Uncertified Printout counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs, and substance abuse. Grants awarded pursuant to this section shall be used to establish and maintain new family-friendly court programs in judicial districts throughout the state that do not have comparable existing programs, as well as to enhance existing family-friendly court programs. (5) Grant applications - duties of judicial districts. (a) To be eligible for moneys from the family-friendly court program cash fund, created in subsection (6) of this section, for the provision of family-friendly court services, a judicial district shall apply to the state court administrator in accordance with the timelines and guidelines adopted by the state court administrator, using an application form provided by the state court administrator. (b) The state court administrator, in determining which judicial districts may receive grant money pursuant to this section, shall consider the extent that a judicial district is responsible for: (I) Actively recruiting qualified and skilled child care providers to provide quality child care services to families and children of individuals who are attending court proceedings or related matters; (II) Conducting the necessary criminal history checks through the Colorado bureau of investigation and hiring qualified and appropriate child care providers; (III) Selecting and establishing a safe physical location in the courthouse or in the courthouse complex or in reasonable proximity to the courthouse, for the provision of child care services; (IV) When reasonably practicable in consideration of funding, staffing, and assistance from other public and private organizations, providing additional court-related family services to families and children experiencing the challenges and transitions that necessitate court involvement, including, but not limited to, supervised parenting time and transfer of the physical custody of a child from one parent to the other; (V) Soliciting information from community-based organizations, faith communities, governmental entities, schools, community mental health centers, local nonprofit or not-forprofit agencies, local law enforcement agencies, businesses, and other community service providers about the following services and resources for the purpose of providing such information to patrons of the family-friendly court services: (A) Youth services, including but not limited to youth mentoring services, services to prevent or reduce youth crime and violence, student dropout prevention and intervention services, and any other services that may be available in the community, the goal and purpose of which are to assist at-risk youth; (B) Multipurpose service centers for displaced homemakers pursuant to article 15.5 of title 8, C.R.S., and other information to assist displaced homemakers, which information shall relate to employment counseling, employment training, employment placement, health education and counseling services, financial management services, educational services, and legal counseling and services; (C) Information related to health insurance and health care coverage, including but not limited to the children's basic health plan and dental health plan, established pursuant to article 8 of title 25.5, C.R.S., and children eligible for the medical assistance program pursuant to article 5 of title 25.5, C.R.S.; (D) Substance use disorder programs that are available in the community; Colorado Revised Statutes 2019 Page 46 of 584 Uncertified Printout (E) Services and potential financial resources that may be available for victims of domestic abuse or domestic violence, including but not limited to counseling for persons who are victims of domestic abuse and their dependents, advocacy programs that assist victims in obtaining services and information, and educational services for victims of domestic violence; (F) Fatherhood programs that are available in the community; and (G) Any other services that would be beneficial to families experiencing challenges and transition necessitating court involvement, including but not limited to family stabilization services as provided in section 19-1-125, C.R.S., and mediation services; and (VI) Providing to persons staffing the program training and ongoing support with regard to the available resources and additional referrals provided through the program at each court location. (c) The judicial districts that are selected by the state court administrator to provide family-friendly court services shall be responsible for: (I) Implementing a method of evaluating the effectiveness of the family-friendly court program and assessing the impact of the child care and informational services provided through the program; and (II) Reporting annually to the state court administrator concerning the results of the judicial district's evaluation of the family-friendly court program as well as an accounting of fiscal contributions received and expenditures made by the judicial district for the implementation, administration, and maintenance of the program and such other information that the state court administrator may require or that the judicial district determines to be relevant and informative. (d) The judicial districts that are selected by the state court administrator to provide family-friendly court services that provide child care services shall meet the licensing requirements for child care facilities set forth in part 1 of article 6 of title 26, C.R.S., and all child care licensing rules promulgated by the state board of human services in connection therewith. (e) In addition to grants received from the state court administrator pursuant to this section, judicial districts implementing or enhancing existing family-friendly court programs pursuant to this section are authorized to accept any funds, grants, gifts, or donations from any private or public source for the purpose of implementing this section; except that no grant or donation shall be accepted if the conditions attached to the grant or donation require the expenditure thereof in a manner contrary to law. Any such moneys received by a judicial district shall be credited to the family-friendly court program cash fund created in subsection (6) of this section for grants awarded by the board pursuant to this section. (6) Family-friendly court program cash fund. (a) There is hereby created in the state treasury the family-friendly court program cash fund. The moneys in the family-friendly court program cash fund shall be subject to annual appropriation by the general assembly for the implementation of this section. The state court administrator is authorized to accept on behalf of the state any grants, gifts, or donations from any private or public source for the purpose of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the family-friendly court program cash fund in addition to any moneys that may be appropriated to the cash fund directly by the general assembly. In addition, commencing July 1, 2002, the one-dollar surcharge set forth in section 42-4-1701 (4)(a)(VI), C.R.S., shall be transmitted to the state treasurer who shall credit Colorado Revised Statutes 2019 Page 47 of 584 Uncertified Printout the same to the family-friendly court program cash fund created in this subsection (6). All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. (b) All moneys in the family-friendly court program cash fund, created in paragraph (a) of this subsection (6), shall be available for grants awarded by the state court administrator to judicial districts seeking to implement or enhance existing family-friendly court programs and administrative costs associated with the implementation and administration of this section. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated to the judicial department from the family-friendly court program cash fund to judicial districts seeking to establish or enhance family-friendly court programs pursuant to this section. (6.5) Notwithstanding any provision of subsection (6) of this section to the contrary, on April 20, 2009, the state treasurer shall deduct two hundred thousand dollars from the familyfriendly court program cash fund and transfer such sum to the general fund. (7) The state court administrator shall announce to all judicial districts the availability of grants pursuant to this section for the establishment and maintenance or enhancement of familyfriendly court services programs in the judicial districts. (8) (Deleted by amendment, L. 2005, p. 1000, § 1, effective June 2, 2005.) Source: L. 2002: Entire section added, p. 627, § 1, effective July 1. L. 2004: (3)(b) amended, p. 554, § 6, effective July 1. L. 2005: (5)(b)(V)(C) amended, p. 764, § 19, effective June 1; (2), (3)(d), (4), (5), and (8) amended, p. 1000, § 1, effective June 2. L. 2006: (5)(b)(V)(C) amended, p. 2001, § 45, effective July 1. L. 2009: (6.5) added, (SB 09-208), ch. 149, p. 620, § 8, effective April 20. L. 2013: (3)(a) amended, (HB 13-1117), ch. 169, p. 588, § 18, effective July 1. L. 2014: (5)(b)(V)(C) amended, (SB 14-067), ch. 12, p. 115, § 9, effective February 27. L. 2017: (2)(d), IP(5)(b), and (5)(b)(V)(D) amended, (SB 17-242), ch. 263, p. 1292, § 104, effective May 25. Editor's note: Amendments to subsection (5)(b)(V)(C) by House Bill 05-1337 and Senate Bill 05-030 were harmonized. Cross references: For the legislative declaration in the 2013 act amending subsection (3)(a), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 13-3-114. State court administrator - compensation for exonerated persons definitions - annual payments - child support payments - financial literacy training qualified health plan - damages awarded in civil actions - reimbursement to the state. (1) As used in this section, unless the context otherwise requires: (a) "Annual payment" means a payment of monetary compensation made by the state court administrator or his or her designee to an exonerated person pursuant to this section. An annual payment shall be in the amount of one hundred thousand dollars, which amount shall be adjusted annually by the state auditor to account for inflation; except that: Colorado Revised Statutes 2019 Page 48 of 584 Uncertified Printout (I) If the remaining amount of the state's duty of monetary compensation owed to the exonerated person is less than one hundred thousand dollars, the amount of the annual payment shall be equal to the remaining amount; and (II) The amount of an annual payment may be reduced as described in subsection (5) of this section. (b) "Exonerated person" means a person who has been determined by a district court pursuant to section 13-65-102 to be actually innocent, as defined in section 13-65-101 (1). (c) "Incarceration" means a person's custody in a county jail or a correctional facility while he or she serves a sentence issued pursuant to the person's conviction of a felony or pursuant to the person's adjudication as a juvenile delinquent for the commission of one or more offenses that would be felonies if committed by a person eighteen years of age or older. For the purposes of this section, "incarceration" includes placement as a juvenile to the custody of the state department of human services or a county department of human or social services. (d) "Personal financial management instruction course" means a personal financial management instruction course that has been approved by the United States trustee's office pursuant to 11 U.S.C. sec. 111. (e) "State's duty of monetary compensation" means the total amount of monetary compensation owed by the state to an exonerated person. (2) Not more than fourteen days after the state court administrator receives directions from a district court pursuant to section 13-65-103 to compensate an exonerated person, the state court administrator shall: (a) Issue an annual payment to the exonerated person. Annually thereafter, on or before the date that such payment was made, until the state's duty of monetary compensation is satisfied, the state court administrator or his or her designee shall issue an annual payment to the exonerated person. (b) Pay on the exonerated person's behalf any amount of compensation for child support payments owed by the exonerated person that became due during his or her incarceration, or any amount of interest on child support arrearages that accrued during his or her incarceration but which have not been paid, as described in section 13-65-103 (2)(e)(III). The state court administrator, or his or her designee, shall make such payment in a lump sum to the appropriate county department of human or social services or other agency responsible for receiving such payments not more than thirty days after the state court administrator receives directions from a district court to compensate an exonerated person pursuant to section 13-65-103. (c) Pay on the exonerated person's behalf the amount of reasonable attorney fees awarded to the exonerated person pursuant to section 13-65-103 (2)(e)(IV). (3) The amount of any payment made to, or on behalf of, an exonerated person pursuant to this section shall be deducted from the state's duty of monetary compensation to the exonerated person. (4) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, after the state court administrator has issued one annual payment to an exonerated person, the state court administrator shall not issue another annual payment to the exonerated person until the exonerated person has completed a personal financial management instruction course. (5) In each year in which the state court administrator issues an annual payment to an exonerated person, the person's annual payment shall be reduced by ten thousand dollars if the person fails to present to the state court administrator a policy or certificate showing that the Colorado Revised Statutes 2019 Page 49 of 584 Uncertified Printout person has purchased or otherwise acquired a qualified health plan for himself or herself and his or her dependents that is valid for at least six months. Such amount shall be deducted from the state's duty of monetary compensation to the exonerated person as if such amount had been issued to the exonerated person. (6) (a) An exonerated person who receives monetary compensation pursuant to this section shall reimburse the state for the total amount of annual payments made to the exonerated person pursuant to this section if: (I) The exonerated person prevails in or settles a civil action against the state or against any other government body in a civil action concerning the same acts that are the bases for the petition for compensation; and (II) The judgment rendered in the civil action or the settlement of the civil action includes an award of monetary damages to the exonerated person. (b) For the purposes of paragraph (a) of this subsection (6), in any proceeding that satisfies the description set forth in said paragraph (a), upon a satisfactory showing by the state that the exonerated person has received monetary compensation pursuant to this section, the court shall offset a sufficient amount of moneys from the exonerated person's award of monetary damages to reimburse the state for such monetary compensation. The court shall transfer such moneys to the state treasurer, who shall credit the moneys to the general fund. (7) Notwithstanding any provision of this section, the state court administrator shall not issue an annual payment to an exonerated person if: (a) (I) The exonerated person has prevailed in or settled a civil action for monetary damages as described in subsection (6) of this section; and (II) The amount of the monetary damages awarded by the court in the civil action, or stipulated in the settlement of the action, and collected by the exonerated person equals or exceeds the remaining amount of the state's duty of monetary compensation to the exonerated person; (b) The exonerated person is convicted of a class 1 or class 2 felony, or of an offense that would be considered a class 1 or class 2 felony in Colorado, after the date upon which a court issues an order of compensation on the person's behalf; or (c) The person has not yet completed a personal financial management instruction course, as required by subsection (4) of this section. (8) (a) At any point after the state court administrator makes an annual payment to an exonerated person pursuant to subsection (2) of this section, the exonerated person may elect to receive the remaining balance of the state's duty of monetary compensation in a lump sum by: (I) Notifying the state court administrator, the governor, and the general assembly of such election, which notification must be provided in writing; (II) Completing a personal financial management instruction course; and (III) Acquiring and committing to maintain a qualified health insurance plan. (b) Upon receiving written documentation that an exonerated person has satisfied the requirements described in subsection (8)(a) of this section, the state court administrator shall pay to the exonerated person the balance of the state's duty of monetary compensation not later than one year after receiving such written documentation. Colorado Revised Statutes 2019 Page 50 of 584 Uncertified Printout Source: L. 2013: Entire section added, (HB 13-1230), ch. 409, p. 2423, § 3, effective June 5. L. 2017: (8) added, (SB 17-125), ch. 109, p. 395, § 1, effective April 4. L. 2018: (1)(c) and (2)(b) amended, (SB 18-092), ch. 38, p. 398, § 6, effective August 8. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 409, Session Laws of Colorado 2013. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 13-3-114.5. State court administrator - reimbursement of monetary amounts paid following a vacated conviction or amended order of restitution. Within twenty-eight days after receipt of an order from a district or county court for payment of a refund of monetary amounts paid, the state court administrator shall issue a refund payment to the person who established eligibility under section 18-1.3-703. Source: L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 220, § 2, effective September 1. 13-3-115. Diversion funding committee. (1) The state court administrator shall establish a diversion funding committee, referred to in this section as the "committee". The committee shall consist of: (a) The attorney general or his or her designee; (b) The executive director of a statewide organization representing district attorneys or his or her designee; (c) The state public defender or his or her designee; (d) The director of the division of criminal justice in the department of public safety; and (e) The state court administrator or his or her designee; (2) (a) The committee shall develop funding guidelines, including permissible uses for the funding, and an application process for elected district attorneys to request funds appropriated by the general assembly in order to operate an adult diversion program consistent with section 18-1.3-101, C.R.S. (b) The committee shall also develop an application that includes but is not limited to: (I) A description of the adult pretrial diversion program, including the project's goals, objective, and timeline for implementation; (II) The number of adults that could be enrolled in a pretrial diversion program using the funds requested and a description of the eligibility criteria developed by the district attorney; (III) The process and method by which a participant's treatment or services needs will be assessed; (IV) Outcomes and performance measures that the program will use in its evaluation; (V) Itemized expenses for the amount of the funding request and whether the funding request is for a new adult pretrial diversion program or funding to continue or expand an existing adult pretrial diversion program; (VI) The diversion supervision fees, if any, that the district attorney will require as a condition of participation in a pretrial diversion program; and (VII) A list of any other agencies, organizations, service providers, or planning groups that would be involved in the planning and implementation of the project. Colorado Revised Statutes 2019 Page 51 of 584 Uncertified Printout (3) The committee must review all funding requests submitted by a district attorney to support an adult pretrial diversion program. By majority vote, the committee may approve all or a portion of a funding request that meets the guidelines established pursuant to paragraph (a) of subsection (2) of this section or deny a request. (4) The judicial department shall execute the contract and allocate the funding requests approved by the committee. (5) A district attorney who receives funding pursuant to this section shall collect data and provide a status report to the judicial department by a date prescribed by the committee that includes but is not limited to: (a) The number of people screened and the number of people who met the diversion program criteria; (b) The number of people enrolled in the adult pretrial diversion program; (c) Demographic information on those enrolled in the adult pretrial diversion program including age, gender, and ethnicity; (d) Participant status, including the number of people that have successfully completed the diversion program, the number of people still under active supervision in the diversion program, the number of people terminated from the diversion program, and the reason for their termination; and (e) The accounting of the funds expended and the amount of any funds unexpended and unencumbered at the end of the funding period. (6) Notwithstanding section 24-1-136 (11)(a)(I), by January 31, 2015, and each January 31 thereafter, the judicial department shall provide to the joint budget committee a status report that includes the information required by subsection (5) of this section. (7) Any funds provided to a district attorney for purposes of operating an adult pretrial diversion program pursuant to this section shall not be reverted to the general fund if unexpended by the end of the fiscal year in which the funds were received. Source: L. 2013: Entire section added, (HB 13-1156), ch. 336, p. 1961, § 15, effective August 7. L. 2017: (6) amended, (SB 17-241), ch. 171, p. 623, § 2, effective April 28. 13-3-116. Restorative justice coordinating council - establishment - membership. (1) (a) A council to provide assistance and education related to restorative justice programs is hereby established. The council shall be known as the "restorative justice coordinating council" and shall be established in the state judicial department within the office of the state court administrator. To the extent that resources permit, the restorative justice coordinating council shall support the development of restorative justice programs, serve as a central repository for information, assist in the development and provision of related education and training, and provide technical assistance to entities engaged in or wishing to develop restorative justice programs. (b) In order to assess the efficacy of restorative justice practices in providing satisfaction to participants, the council shall develop a uniform restorative justice satisfaction evaluation by September 1, 2013. The evaluation must be based on research principles. The evaluation must include a preconference questionnaire for the offender and participating victims, if practicable, to establish a baseline and a postconference questionnaire that is suitable to administer to Colorado Revised Statutes 2019 Page 52 of 584 Uncertified Printout restorative justice participants, including community members, participating victims, and offenders. (c) (I) The council shall develop a database of existing restorative justice programs in the state by December 31, 2013, and update it annually by December 31 of each year. (II) The database must consist of the following information: (A) The location of the restorative justice program; (B) The types of restorative justice practices used in the program and the costs and fees associated with the practices; and (C) The background, training, and restorative justice experience of the facilitators in the restorative justice program. (d) Repealed. (2) The restorative justice coordinating council includes, at a minimum, the following: (a) A member who represents a statewide juvenile justice council who shall be appointed by the executive director of the department of public safety; (b) A representative from the division of youth services in the department of human services who is appointed by the executive director of the department of human services; (c) A representative from the department of public safety who shall be appointed by the executive director of the department of public safety; (d) A representative from the judicial department who shall be appointed by the state court administrator; (e) Two representatives from a statewide organization or organizations whose primary purpose is related to the development and implementation of restorative justice programs and who shall be appointed by the executive director of the department of public safety; (f) A district attorney with juvenile justice experience who shall be appointed by the executive director of the Colorado district attorneys' council; (g) A victim's representative within the judicial department with restorative justice experience who shall be appointed by the state court administrator; (h) A representative from the department of education who shall be appointed by the commissioner of education; (i) A representative from the state board of parole appointed by the chair of the parole board; (j) A representative from the department of corrections appointed by the executive director of the department of corrections; (k) A representative from a nongovernment statewide organization representing victims appointed by the executive director of the department of public safety; (l) Three restorative justice practitioners appointed by the state court administrator; (m) A representative of the juvenile parole board appointed by the chair of the juvenile parole board; (n) The state public defender or his or her designee; (o) A judge appointed by the chief justice of the Colorado supreme court; and (p) A representative of law enforcement appointed by the state court administrator based upon a recommendation from the restorative justice coordinating council. (3) The restorative justice coordinating council shall select a chairperson from among the members of the council who shall serve a term to be determined by the council. The Colorado Revised Statutes 2019 Page 53 of 584 Uncertified Printout chairperson shall be responsible for convening the council at a frequency that shall be determined by the council. (4) Members of the restorative justice coordinating council serve without compensation but may be reimbursed for expenses incurred while serving on the council. (4.5) The restorative justice coordinating council may accept money from trainings and conferences and gifts, grants, or donations from any private or public source for the purpose of supporting restorative justice practices. All private and public money received by the restorative justice coordinating council from gifts, grants, or donations or any other source must be transmitted to the state treasurer, who shall credit the same to the restorative justice surcharge fund created pursuant to section 18-25-101, in addition to any money that may be appropriated to the fund directly by the general assembly. (5) (Deleted by amendment, L. 2017.) Source: L. 2017: Entire section added with relocations, (SB 17-220), ch. 173, p. 629, § 1, effective April 28; (2)(b) amended, (HB 17-1329), ch. 381, p. 1973, § 31, effective June 6. L. 2019: (4) amended, (HB 19-1205), ch. 292, p. 2683, § 1, effective August 2. Editor's note: (1) This section is similar to former § 19-2-213 as it existed prior to 2017. (2) Changes to § 19-2-213 (2)(b) by HB 17-1329 were harmonized with SB 17-220 and relocated to subsection (2)(b). ARTICLE 4 Court of Appeals 13-4-101. Establishment. There is hereby created the court of appeals, pursuant to section 1 of article VI of the state constitution. The court of appeals shall be a court of record. Judges of the court of appeals may serve in any state court with full authority as provided by law, when called upon to do so by the chief justice of the supreme court. Source: L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-1. L. 90: Entire section amended, p. 1247, § 1, effective April 5. 13-4-102. Jurisdiction. (1) Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver, except in: (a) Repealed. (b) Cases in which a statute, a municipal charter provision, or an ordinance has been declared unconstitutional; (c) Cases concerned with decisions or actions of the public utilities commission; (d) Water cases involving priorities or adjudications; (e) Writs of habeas corpus; Colorado Revised Statutes 2019 Page 54 of 584 Uncertified Printout (f) Cases appealed from the county court to the district court, as provided in section 136-310; (g) Summary proceedings initiated under articles 1 to 13.5 of title 1 and article 10 of title 31, C.R.S.; (h) Cases appealed from the district court granting or denying postconviction relief in a case in which a sentence of death has been imposed. (2) The court of appeals has initial jurisdiction to: (a) Review awards or actions of the industrial claim appeals office, as provided in articles 43 and 74 of title 8, C.R.S.; (b) Review orders of the banking board granting or denying charters for new state banks, as provided in article 102 of title 11, C.R.S.; (c) (Deleted by amendment, L. 2006, p. 761, § 19, effective July 1, 2006.) (d) Review all final actions and orders appropriate for judicial review of the Colorado podiatry board, as provided in section 12-290-115; (e) Review all final actions and orders appropriate for judicial review of the Colorado state board of chiropractic examiners, as provided in section 12-215-122; (f) Review actions of the Colorado medical board in refusing to grant or in revoking or suspending a license or in placing the holder thereof on probation, as provided in section 12-240127; (g) Review actions of the Colorado dental board in refusing to issue or renew or in suspending or revoking a license to practice dentistry or dental hygiene, as provided in section 12-220-137; (h) Review all final actions and orders appropriate for judicial review of the state board of nursing, as provided in articles 255 and 295 of title 12; (i) Review actions of the state board of optometry in refusing to grant or renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision, as provided by section 12-275-122 (2); (j) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations, as provided in article 285 of title 12; (k) Review all final actions and orders appropriate for judicial review of the state board of pharmacy, as provided in section 12-280-128; (l) Review decisions of the board of education of a school district in proceedings for the dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.; (m) Review final decisions or orders of the Colorado real estate commission, as provided in parts 2 and 5 of article 10 of title 12; (m.5) Review final decisions or orders of the director of the division of real estate, as provided in part 10 of article 61 of title 12, C.R.S.; (n) Review final decisions and orders of the Colorado civil rights commission, as provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.; (o) Repealed. (p) Review decisions of the state personnel board, as provided in section 24-50-125.4, C.R.S.; (q) Review final actions and orders appropriate for judicial review of the state electrical board, as provided in article 115 of title 12; Colorado Revised Statutes 2019 Page 55 of 584 Uncertified Printout (r) Review all final actions and orders appropriate for judicial review of the state board of licensure for architects, professional engineers, and professional land surveyors, as provided in section 12-120-407 (4); (s) Review final actions and orders of the boards, as defined in section 12-245-202 (1), that are appropriate for judicial review and final actions; (t) (Deleted by amendment, L. 2008, p. 426, § 25, effective August 5, 2008.) (u) Review all final actions and orders appropriate for judicial review of the coal mine board of examiners, as provided in section 34-22-107 (8), C.R.S.; (v) Review final actions and orders of the director of the division of professions and occupations appropriate for judicial review, as provided in section 12-145-116; (w) Review final actions and orders appropriate for judicial review of the examining board of plumbers; (x) Review decisions of the board of assessment appeals, as provided in section 39-8108 (2), C.R.S.; (y) and (z) Repealed. (aa) (Deleted by amendment, L. 98, p. 818, § 14, effective August 5, 1998.) (bb) Review final actions taken pursuant to article 260 of title 12 by the state board of nursing in the division of professions and occupations in the department of regulatory agencies; (cc) Review final actions and orders appropriate for judicial review of the securities commissioner, as provided in section 11-59-117, C.R.S.; (dd) Review final actions and orders appropriate for judicial review of the commissioner of insurance, pursuant to title 10, C.R.S.; (ee) Review final actions and orders appropriate for judicial review of the Colorado racing commission, as provided in section 44-32-507 (4); (ff) Review final actions and orders appropriate for judicial review of the Colorado passenger tramway safety board, as provided in section 12-150-109; (gg) Review final actions and orders appropriate for judicial review of the department of revenue relating to penalties for violations of statutes relating to the sale of cigarettes, tobacco products, or nicotine products to minors pursuant to section 44-7-105 (5); (hh) Review final actions and orders appropriate for judicial review of the state board of veterinary medicine, as provided in section 12-315-113; (ii) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations, as provided in section 12-225-109 (4); (jj) Review all final actions and orders appropriate for judicial review of the executive director of the department of labor and employment, as provided in section 8-20-104, C.R.S.; (kk) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations in the department of regulatory agencies, as provided in section 12-270-114 (9); (ll) Review all final actions and orders appropriate for judicial review of the state commissioner of financial services as provided in sections 11-33-109 (4) and 11-33-122 (1)(d) and (2)(b), C.R.S.; and (mm) Review final decisions or orders of the administrator as provided in article 20 of title 5. (3) The court of appeals shall have authority to issue any writs, directives, orders, and mandates necessary to the determination of cases within its jurisdiction. Colorado Revised Statutes 2019 Page 56 of 584 Uncertified Printout (4) (Deleted by amendment, L. 95, p. 235, § 4, effective April 17, 1995.) Source: L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-2. L. 73: p. 358, § 2. L. 74: (1)(a) repealed, p. 236, § 4, effective July 1. L. 75: (2) amended, p. 555, § 2, effective April 9; (2) amended, p. 459, § 9, effective July 1. L. 77: (2) amended, p. 717, § 2, effective July 1. L. 78: (2) amended, p. 302, § 4, effective July 1. L. 79: (2) amended, p. 919, § 1, effective July 1; (2) amended, p. 803, § 5, effective July 1; (2) amended, p. 553, § 1, effective March 1, 1980. L. 80: (1)(g) amended, p. 438, § 2, effective January 1, 1981. L. 83: (2) amended, p. 473, § 4, effective April 5. L. 85: (2) amended, p. 566, § 12, effective July 1; (2) amended, p. 484, § 2, effective July 1; (2) amended, p. 532, § 12, effective July 1; (2) amended, p. 505, § 21, effective July 1; (2) amended, p. 510, § 8, effective July 1; (2) amended, p. 538, § 13, effective July 1; IP(1) and (1)(f) amended, p. 570, § 3, effective November 14, 1986. L. 86: (2) amended, p. 978, § 9, effective April 3; (2) amended, p. 653, § 31, effective July 1; (2) amended, p. 498, § 116, effective July 1; (2) amended, p. 621, § 34, effective July 1; (2) amended, p. 1217, § 14, effective July 1. L. 88: (2)(x) added, p. 1305, § 14, effective April 29; (2)(o) and (2)(p) amended and (2)(u) added, p. 1199, § 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, § 12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, § 6, effective July 1; (2)(o) and (2)(p) amended and (2)(v) added, p. 582, § 2, effective July 1; (2)(q) added, p. 502, § 22, effective July 1; (2)(w) added, p. 593, § 19, effective July 1. L. 89: (2)(m) amended, p. 744, § 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, §§ 31, 4, 6, effective July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, § 3, effective July 7. L. 90: (2)(l) amended, p. 1128, § 2, effective July 1. L. 91: (2)(cc) added, p. 2425, § 4, effective June 8; (2)(a) amended and (4) added, p. 1337, § 54, effective July 1. L. 92: (2)(dd) added, p. 1613, § 167, effective May 20; (1)(b) amended, p. 271, § 1, effective July 1. L. 93: (2)(ee) added, p. 1235, § 2, effective July 1; (2)(ee) added, p. 1033, § 14, effective July 1; (2)(ff) added, p. 1532, § 1, effective July 1. L. 94: (2)(y) repealed, p. 705, § 7, effective April 19; (1)(h) added, p. 1474, § 3, effective July 1. L. 95: (2)(a) and (4) amended, p. 235, § 4, effective April 17; (2)(f) amended, p. 1072, § 24, effective July 1; (2)(aa) amended, p. 419, § 6, effective July 1. L. 98: (2)(s) amended, p. 1158, § 28, effective July 1; (2)(gg) added, p. 1186, § 4, effective July 1; (2)(o) and (2)(aa) amended, p. 818, § 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, § 8, effective June 5; (2)(hh) added, p. 480, § 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, § 21, effective May 21; (2)(b) amended, p. 1209, § 18, effective July 1. L. 2004: (2)(c) amended, p. 1310, § 52, effective May 28; (2)(g) amended, p. 857, § 2, effective July 1. L. 2006: (2)(c) and (2)(r) amended, p. 761, § 19, effective July 1. L. 2008: (2)(kk) added, p. 830, § 3, effective July 1; (2)(s) and (2)(t) amended, p. 426, § 25, effective August 5. L. 2010: (2)(f) amended, (HB 101260), ch. 403, p. 1985, § 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 364, p. 1719, § 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 129, p. 451, § 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 285, p. 1326, § 66, effective July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 139, p. 506, § 4, effective April 26; (2)(k) amended, (HB 12-1311), ch. 281, p. 1617, § 33, effective July 1. L. 2013: (2)(m.5) added, (HB 13-1277), ch. 352, p. 2054, § 4, effective January 1, 2015. L. 2014: (2)(kk) amended and (2)(ll) added, (HB 14-1398), ch. 353, p. 1646, § 3, effective June 6; (2)(g) amended, (HB 14-1227), ch. 363, p. 1736, § 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 210, p. 758, § 22, effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 274, p. 1696, § 9, effective May 29; (2)(ee) amended, (HB 18-1024), ch. 26, p. 321, § 8, effective October 1; (2)(gg) amended, Colorado Revised Statutes 2019 Page 57 of 584 Uncertified Printout (SB 18-036), ch. 34, p. 377, § 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch. 390, p. 3463, § 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 157, p. 1872, § 4, effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q), (2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch. 136, p. 1661, § 66, effective October 1. Editor's note: (1) Amendments to subsection (2) by House Bill 79-1234 and Senate Bill 79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980. (2) Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049, House Bill 85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized. (3) Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012, Senate Bill 86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized. (4) Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill 93-1268 were harmonized. (5) Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were harmonized. (6) Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019. However, those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective August 2, 2019. (7) Section 6(2) of chapter 157 (SB 19-002), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019. Cross references: For the legislative declaration contained in the 2003 act enacting subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019. 13-4-102.1. Interlocutory appeals of determinations of questions of law in civil cases. (1) The court of appeals, under rules promulgated by the Colorado supreme court, may permit an interlocutory appeal of a certified question of law in a civil matter from a district court or the probate court of the city and county of Denver if: (a) The trial court certifies that immediate review may promote a more orderly disposition or establish a final disposition of the litigation; and (b) The order involves a controlling and unresolved question of law. (2) A majority of the judges who are in regular active service on the court of appeals and who are not disqualified may, if approved by rules promulgated by the Colorado supreme court, order that an interlocutory appeal permitted by the court of appeals be heard or reheard by the court of appeals en banc. Source: L. 2010: Entire section added, (HB 10-1395), ch. 364, p. 1719, § 2, effective August 11. Cross references: For interlocutory appeals in civil cases, see C.A.R. 4.2. Colorado Revised Statutes 2019 Page 58 of 584 Uncertified Printout 13-4-102.2. Interlocutory appeals of motions to dismiss actions involving constitutional rights. The court of appeals has initial jurisdiction over appeals from motions to dismiss actions involving constitutional rights pursuant to section 13-20-1101. Source: L. 2019: Entire section added, (HB 19-1324), ch. 414, p. 3650, § 2, effective July 1. Editor's note: Section 3 of chapter 414 (HB 19-1324), Session Laws of Colorado 2019, provides that the act adding this section applies to actions filed on or after July 1, 2019. 13-4-103. Number of judges - qualifications. (1) The number of judges of the court of appeals shall be sixteen. Effective July 1, 2006, the number of judges of the court of appeals shall be nineteen. Subject to available appropriations, effective July 1, 2008, the number of judges of the court of appeals shall be twenty-two. (2) Judges of the court of appeals shall have the same qualifications as justices of the Colorado supreme court. Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-3. L. 74: (1) amended, p. 236, § 2, effective July 1. L. 87: (1) amended, p. 560, § 1, effective July 1. L. 2006: (1) amended, p. 22, § 1, effective July 1; (1) amended, p. 142, § 8, effective August 7. L. 2007: (1) amended, p. 1530, § 17, effective May 31. Editor's note: Amendments to subsection (1) by Senate Bill 06-033 and House Bill 061028 were harmonized. 13-4-104. Term of office - selection. (1) The term of office for a judge of the court of appeals is eight years. (2) Judicial appointments to the court of appeals shall be made pursuant to section 20 of article VI of the state constitution. Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-4. L. 72: p. 592, § 65. 13-4-104.5. Temporary judicial duties. Whenever the chief justice of the supreme court deems assignment of a judge necessary to the prompt disposition of judicial business, the chief justice may assign any judge of the court of appeals, or any retired judge of the court of appeals who consents, to temporarily perform judicial duties in any court of record. For each day of such temporary service a retired judge shall receive compensation as provided by law. Source: L. 90: Entire section added, p. 1247, § 2, effective April 5. 13-4-105. Chief judge. The chief justice of the supreme court shall appoint a judge of the court of appeals to serve as chief judge at the pleasure of the chief justice. The chief judge shall exercise such administrative powers as may be delegated to him by the chief justice. Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-5. Colorado Revised Statutes 2019 Page 59 of 584 Uncertified Printout 13-4-106. Divisions. (1) The court of appeals shall sit in divisions of three judges each to hear and determine all matters before the court. (2) The chief judge, with the approval of the chief justice, shall assign judges to each division. Such assignments shall be changed from time to time as determined by the chief judge, with the approval of the chief justice. (3) Cases shall be assigned to the divisions of the court of appeals in rotation according to the order in which they are filed with the clerk of the court of appeals or transferred by the supreme court, except that the chief judge has the authority to transfer cases from one division to another to maintain approximately equal case loads or for any other appropriate reason. Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-6. 13-4-107. Place of court. The court of appeals shall be located in the city and county of Denver, but any division of the court of appeals may sit in any county seat for the purpose of hearing oral argument in cases before the division. Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-7. 13-4-108. Supreme court review. (1) Before application may be made for writ of certiorari, as provided in this section, application shall be made to the court of appeals for a rehearing if required by supreme court rule. (2) Within twenty-eight days after a rehearing has been refused by the court of appeals, any party in interest who is aggrieved by the judgment of the court of appeals may appeal by application to the supreme court for a writ of certiorari. (3) Procedures on writs of certiorari, including procedures for rehearings, shall be as prescribed by rule of the supreme court. Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-8. L. 98: Entire section amended, p. 949, § 11, effective May 27. L. 2013: (2) amended, (HB 13-1126), ch. 58, p. 191, §2, effective July 1. Cross references: For review on certiorari, see C.A.R. 49. 13-4-109. Certification of cases to the supreme court. (1) The court of appeals, prior to final determination, may certify any case before it to the supreme court for its review and final determination, if the court of appeals finds: (a) The subject matter of the appeal has significant public interest; (b) The case involves legal principles of major significance; or (c) The case load of the court of appeals is such that the expeditious administration of justice requires certification. (2) The supreme court shall consider such certification and may accept the case for final determination or remand it for determination by the court of appeals. (3) The supreme court may order the court of appeals to certify any case before the court of appeals to the supreme court for final determination. Colorado Revised Statutes 2019 Page 60 of 584 Uncertified Printout Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-9. 13-4-110. Determination of jurisdiction - transfer of cases. (1) (a) When a party in interest alleges, or the court is of the opinion, that a case before the court of appeals is not properly within the jurisdiction of the court of appeals, the court of appeals shall refer the case to the supreme court. The supreme court shall decide the question of jurisdiction in a summary manner, and its determination shall be conclusive. (b) A party in interest shall allege that a case is not properly within the jurisdiction of the court of appeals by motion filed with the court of appeals within twenty-one days after the date the record is filed with the clerk of the court of appeals, failing which any objection to jurisdiction by a party in interest shall be waived. (2) Any case within the jurisdiction of the court of appeals which is filed erroneously in the supreme court shall be transferred to the court of appeals by the supreme court. (3) No case filed either in the supreme court or the court of appeals shall be dismissed for having been filed in the wrong court but shall be transferred and considered properly filed in the court which the supreme court determines has jurisdiction. Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-10. L. 71: p. 372, § 1. L. 2012: (1)(b) amended, (SB 12-175), ch. 208, p. 822, § 2, effective July 1. 13-4-111. Employees - compensation. (1) Subject to the rules and regulations of the supreme court, the court of appeals shall appoint a clerk, a reporter of decisions, deputy clerks, and such other assistants as may be necessary. (2) Each judge of the court of appeals may appoint a law clerk who shall be learned in the law and one secretary or stenographer. The persons so employed may be discharged or removed at the pleasure of the judge employing them. (3) All employees appointed under subsections (1) and (2) of this section shall be paid such compensation as shall be prescribed by the rules and regulations of the supreme court. Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-11. L. 74: (1) amended, p. 236, § 3, effective July 1. 13-4-112. Fees of the clerk of court of appeals. (1) (a) Within the time allowed or fixed for transmission of the record, the appellant shall pay to the clerk of the court of appeals a docket fee of two hundred twenty-three dollars. (b) The docket fee for the appellee shall be one hundred forty-eight dollars to be paid upon the entry of appearance of the appellee. (2) (a) Each fee collected pursuant to paragraph (a) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows: (I) One hundred fifty dollars shall be deposited in the supreme court library fund created pursuant to section 13-2-120; (II) Five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6); and (III) Sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a). Colorado Revised Statutes 2019 Page 61 of 584 Uncertified Printout (b) Each fee collected pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows: (I) Seventy-five dollars shall be deposited in the supreme court library fund created pursuant to section 13-2-120; (II) Five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6); and (III) Sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a). Source: L. 69: p. 268, § 1. C.R.S. 1963: § 37-21-12. L. 82: Entire section R&RE, p. 285, § 3, effective July 1. L. 98: (2) amended, p. 685, § 2, effective July 1. L. 2007: Entire section amended, p. 1530, § 18, effective May 31. L. 2008: Entire section amended, p. 2114, § 6, effective June 4. Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 417, Session Laws of Colorado 2008. 13-4-113. Publication of decisions. (1) Repealed. (2) Those court of appeals opinions to be published in full shall be selected as prescribed by supreme court rule. Source: L. 69: p. 268, § 1. C.R.S. 1963: § 37-21-13. L. 74: (1) repealed, p. 236, § 4, effective July 1. Cross references: For the duty of reporter to compile and publish decisions, see § 13-2123. ARTICLE 5 Judicial Districts PART 1 JUDGES - TERMS 13-5-101. Judicial districts and terms. The state is divided into twenty-two judicial districts as prescribed by this part 1. Terms of court shall be fixed by rules adopted by the district court in each district; except that at least one term of court shall be held each calendar year in each county within the district, at the county seat of such county. Source: L. 64: p. 398, § 1. C.R.S. 1963: § 37-12-1. L. 83: Entire section amended, p. 600, § 2, effective May 20. Colorado Revised Statutes 2019 Page 62 of 584 Uncertified Printout Cross references: For the constitutional authority for general assembly's changing of boundaries of judicial districts by a two-thirds vote of each house, see § 10(1) of art. VI, Colo. Const. 13-5-102. First district. (1) The first judicial district shall be composed of the counties of Gilpin and Jefferson. (2) (a) The number of judges for the first judicial district shall be eleven. (b) Subject to available appropriations, effective July 1, 2004, the number of judges for the first judicial district shall be twelve. (c) Subject to available appropriations, effective July 1, 2008, the number of judges for the first judicial district shall be thirteen. (d) (Deleted by amendment, L. 2011, (SB 11-028), ch. 21, p. 52, § 1, effective March 11, 2011.) (e) Repealed. (f) Notwithstanding the provisions of paragraph (a) of this subsection (2), subject to available appropriations, effective July 1, 2012, the number of judges for the first judicial district shall be thirteen. (g) Subject to available appropriations, effective January 1, 2020, the number of judges for the first judicial district is fourteen. (3) (a) Notwithstanding any provision of law to the contrary, the district and county judges regularly assigned to Gilpin county may sit and maintain their official chambers at a single location anywhere within such county, and any related office may also be maintained at such location. (b) As used in this subsection (3), "related office" includes but need not be limited to the offices of the sheriff, county clerk and recorder, county treasurer, clerk of district court, and clerk of county court. Source: L. 64: p. 398, § 2. C.R.S. 1963: § 37-12-2. L. 75: (1) amended, p. 559, § 1, effective July 1; (2) amended, p. 557, § 1, effective July 1. L. 77: (2) amended, p. 781, § 1, effective July 1. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 1, effective January 1, 1991. L. 93: (3) added, p. 91, § 1, effective July 1. L. 99: (2) amended, p. 557, § 1, effective July 1. L. 2001: (1) and (2) amended, p. 141, § 1, effective July 1. L. 2007: (2) amended, p. 1525, § 1, effective May 31. L. 2011: (2) amended, (SB 11-028), ch. 21, p. 52, § 1, effective March 11. L. 2012: (2)(e) repealed and (2)(f) added, (HB 12-1073), ch. 11, p. 28, § 1, effective July 1. L. 2019: (2)(g) added, (SB 19-043), ch. 41, p. 140, § 1, effective March 21. 13-5-103. Second district. (1) The second judicial district shall be composed of the city and county of Denver. (2) (a) The number of judges for the second judicial district shall be nineteen. Effective January 1, 1978, the number of judges shall be twenty. (b) Subject to available appropriations, effective July 1, 2008, the number of judges for the second judicial district shall be twenty-one. (c) Subject to available appropriations, effective July 1, 2009, the number of judges for the second judicial district shall be twenty-three. Colorado Revised Statutes 2019 Page 63 of 584 Uncertified Printout (d) Subject to available appropriations, effective July 1, 2019, the number of judges for the second judicial district is twenty-five. (e) Subject to available appropriations, effective January 1, 2020, the number of judges for the second judicial district is twenty-seven. Source: L. 64: p. 398, § 3. C.R.S. 1963: § 37-12-3. L. 71: p. 368, § 1. L. 75: (2) amended, p. 557, § 2, effective January 1, 1976. L. 77: (2) amended, p. 781, § 2, effective July 1. L. 2007: (2) amended, p. 1525, § 2, effective May 31. L. 2019: (2)(d) and (2)(e) added, (SB 19043), ch. 41, p. 140, § 2, effective March 21. 13-5-104. Third district. (1) The third judicial district shall be composed of the counties of Las Animas and Huerfano. (2) The number of judges for the third judicial district shall be two. (3) The third judicial district shall be divided into two divisions. The northern division shall consist of the county of Huerfano, and the southern division shall consist of the county of Las Animas. One judge of the district shall maintain his official residence and chambers in the northern division of the district, and one judge shall maintain his official residence and chambers in the southern division of the district. Travel and maintenance expenses shall be allowed a judge of the district only when he is outside the county of his official residence. For all other purposes, the district shall be considered as a single entity. The allocation of judges to the northern and southern divisions shall be made by court rule. In the event that the judges of the district are unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of the supreme court. Source: L. 64: p. 398, § 4. C.R.S. 1963: § 37-12-4. L. 81: (3) amended, p. 2024, § 12, effective July 14. 13-5-105. Fourth district. (1) The fourth judicial district shall be composed of the counties of El Paso and Teller. (2) (a) The number of judges for the fourth judicial district shall be fifteen. (b) Subject to available appropriations, effective July 1, 2002, the number of judges for the fourth judicial district shall be sixteen. (c) Subject to available appropriations, effective July 1, 2003, the number of judges for the fourth judicial district shall be seventeen. (d) Subject to available appropriations, effective July 1, 2004, the number of judges for the fourth judicial district shall be nineteen. (e) Subject to available appropriations, effective July 1, 2008, the number of judges for the fourth judicial district shall be twenty. (f) Subject to available appropriations, effective July 1, 2009, the number of judges for the fourth judicial district shall be twenty-two. (g) Subject to available appropriations, effective July 1, 2019, the number of judges for the fourth judicial district is twenty-three. (h) Subject to available appropriations, effective January 1, 2020, the number of judges for the fourth judicial district is twenty-four. Colorado Revised Statutes 2019 Page 64 of 584 Uncertified Printout Source: L. 64: pp. 399, 405, 407, §§ 5, 1, 1. C.R.S. 1963: § 37-12-5. L. 67: p. 258, § 1. L. 69: p. 261, § 1. L. 71: p. 369, § 1. L. 75: (2) amended, p. 557, § 3, effective January 1, 1976. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 2, effective January 1, 1991. L. 91: (2) amended, p. 349, § 1, effective July 1. L. 97: (2) amended, p. 939, § 1, effective July 1, 1998. L. 2000: Entire section amended, p. 71, § 1, effective July 1. L. 2001: Entire section amended, p. 141, § 2, effective July 1. L. 2007: (2) amended, p. 1526, § 3, effective May 31. L. 2019: (2)(g) and (2)(h) added, (SB 19-043), ch. 41, p. 140, § 3, effective March 21. 13-5-106. Fifth district. (1) The fifth judicial district shall be composed of the counties of Clear Creek, Eagle, Lake, and Summit. (2) (a) The number of judges for the fifth judicial district shall be six. (b) and (c) Repealed. (d) At least one of the judges for the fifth judicial district shall maintain his or her official chambers and residence in the county of Eagle, Lake, or Summit. Source: L. 64: p. 399, § 6. C.R.S. 1963: § 37-12-6. L. 75: Entire section amended, p. 559, § 2, effective July 1. L. 84: (2) amended, p. 454, § 1, effective September 1. L. 2001: Entire section amended, p. 142, § 3, effective July 1. L. 2013: (2)(a) amended and (2)(b) and (2)(c) repealed, (HB 13-1035), ch. 13, p. 35, § 1, effective July 1. 13-5-107. Sixth district. (1) The sixth judicial district shall be composed of the counties of Archuleta, La Plata, and San Juan. (2) (a) The number of judges for the sixth judicial district shall be two. (b) (Deleted by amendment, L. 2012.) (c) Notwithstanding the provisions of paragraph (a) of this subsection (2), subject to available appropriations, effective July 1, 2012, the number of judges for the sixth judicial district shall be four. Source: L. 64: p. 399, § 7. C.R.S. 1963: § 37-12-7. L. 2001: Entire section amended, p. 142, § 4, effective July 1. L. 2012: (2) amended, (HB 12-1073), ch. 11, p. 28, § 2, effective July 1. 13-5-108. Seventh district. (1) The seventh judicial district shall be composed of the counties of Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel. (2) (a) The number of judges for the seventh judicial district shall be three. (b) Subject to available appropriations, effective July 1, 2003, the number of judges for the seventh judicial district shall be four. (c) Notwithstanding the provisions of paragraph (a) of this subsection (2), subject to available appropriations, effective July 1, 2011, the number of judges for the seventh judicial district shall be five. Source: L. 64: p. 400, § 8. C.R.S. 1963: § 37-12-8. L. 84: (2) amended, p. 454, § 2, effective September 1. L. 2001: Entire section amended, p. 142, § 5, effective July 1. L. 2011: (2) amended, (SB 11-028), ch. 21, p. 52, § 2, effective March 11. Colorado Revised Statutes 2019 Page 65 of 584 Uncertified Printout 13-5-109. Eighth district. (1) The eighth judicial district shall be composed of the counties of Larimer and Jackson. (2) (a) The number of judges for the eighth judicial district shall be five. (b) Subject to available appropriations, effective July 1, 2007, the number of judges for the eighth judicial district shall be six. (c) Subject to available appropriations, effective July 1, 2008, the number of judges for the eighth judicial district shall be seven. (d) Subject to available appropriations, effective July 1, 2009, the number of judges for the eighth judicial district shall be eight. (e) Subject to available appropriations, effective January 1, 2020, the number of judges for the eighth judicial district is nine. Source: L. 64: p. 400, § 9. C.R.S. 1963: § 37-12-9. L. 75: (2) amended, p. 557, § 4, effective July 1. L. 2001: Entire section amended, p. 142, § 6, effective July 1. L. 2007: (2) amended, p. 1526, § 4, effective May 31. L. 2019: (2)(e) added, (SB 19-043), ch. 41, p. 141, § 4, effective March 21. 13-5-110. Ninth district. (1) The ninth judicial district shall be composed of the counties of Garfield, Pitkin, and Rio Blanco. (2) (a) The number of judges for the ninth judicial district shall be five. (b) (Deleted by amendment, L. 2013.) Source: L. 64: p. 400, § 10. C.R.S. 1963: § 37-12-10. L. 72: p. 188, § 1. L. 2007: (2) amended, p. 1526, § 5, effective May 31. L. 2013: (2) amended, (HB 13-1035), ch. 13, p. 35, § 2, effective July 1. 13-5-111. Tenth district. (1) The tenth judicial district shall be composed of the county of Pueblo. (2) (a) The number of judges for the tenth judicial district shall be six. (b) Subject to available appropriations, effective July 1, 2008, the number of judges for the tenth judicial district shall be seven. (c) Subject to available appropriations, effective July 1, 2019, the number of judges for the tenth judicial district is eight. Source: L. 64: p. 400, § 11. C.R.S. 1963: § 37-12-11. L. 73: p. 493, § 1. L. 75: (2) amended, p. 558, § 5, effective July 1. L. 2007: (2) amended, p. 1526, § 6, effective May 31. L. 2019: (2)(c) added, (SB 19-043), ch. 41, p. 141, § 5, effective March 21. 13-5-112. Eleventh district. (1) The eleventh judicial district shall be composed of the counties of Chaffee, Custer, Fremont, and Park. (2) (a) The number of judges for the eleventh judicial district shall be three. (b) Subject to available appropriations, effective July 1, 2007, the number of judges for the eleventh judicial district shall be four. (3) The eleventh judicial district shall be divided into two divisions. The northern division shall consist of the counties of Chaffee and Park, and the southern division shall consist Colorado Revised Statutes 2019 Page 66 of 584 Uncertified Printout of the counties of Fremont and Custer. One judge of the district shall maintain his official residence and chambers in the northern division of the district, one judge shall maintain his official residence and chambers in the southern division of the district, and one judge shall sit in both divisions as assigned by the chief judge. Travel and maintenance expenses shall be allowed a judge of the district only when he is outside the county of his official residence. For all other purposes the district shall be considered as a single entity. The allocation of judges to the northern and southern divisions shall be made by court rule. In the event that the judges of the district are unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of the supreme court. Source: L. 64: p. 400, § 12. C.R.S. 1963: § 37-12-12. L. 80: (2) and (3) amended, p. 507, § 1, effective July 1. L. 81: (3) amended, p. 2024, § 13, effective July 14. L. 2007: (2) amended, p. 1527, § 7, effective May 31. 13-5-113. Twelfth district. (1) The twelfth judicial district shall be composed of the counties of Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache. (2) (a) The number of judges for the twelfth judicial district shall be two. (b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twelfth judicial district shall be three. (c) Subject to available appropriations, effective July 1, 2015, the number of judges for the twelfth judicial district shall be four. Source: L. 64: p. 401, § 13. C.R.S. 1963: § 37-12-13. L. 2007: (2) amended, p. 1527, § 8, effective May 31. L. 2015: (2)(c) added, (HB 15-1034), ch. 39, p. 98, § 1, effective March 20. 13-5-114. Thirteenth district. (1) The thirteenth judicial district shall be composed of the counties of Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma. (2) (a) The number of judges for the thirteenth judicial district shall be four. (b) Subject to available appropriations, effective July 1, 2019, the number of judges for the thirteenth judicial district is five. Source: L. 64: p. 401, § 14. C.R.S. 1963: § 37-12-14. L. 69: p. 261, § 2. L. 2019: (2) amended, (SB 19-043), ch. 41, p. 141, § 6, effective March 21. 13-5-115. Fourteenth district. (1) The fourteenth judicial district shall be composed of the counties of Grand, Moffat, and Routt. (2) (a) The number of judges for the fourteenth judicial district shall be two. (b) Subject to available appropriations, effective July 1, 2007, the number of judges for the fourteenth judicial district shall be three. Source: L. 64: p. 401, § 15. C.R.S. 1963: § 37-12-15. L. 74: (2) amended, p. 235, § 1, effective July 1. L. 2007: (2) amended, p. 1527, § 9, effective May 31. 13-5-116. Fifteenth district. (1) The fifteenth judicial district shall be composed of the counties of Baca, Cheyenne, Kiowa, and Prowers. Colorado Revised Statutes 2019 Page 67 of 584 Uncertified Printout (2) The number of judges for the fifteenth judicial district shall be two. Source: L. 64: p. 401, § 16. C.R.S. 1963: § 37-12-16. 13-5-117. Sixteenth district. (1) The sixteenth judicial district shall be composed of the counties of Bent, Crowley, and Otero. (2) The number of judges for the sixteenth judicial district shall be two. Source: L. 64: p. 401, § 17. C.R.S. 1963: § 37-12-17. 13-5-118. Seventeenth district. (1) The seventeenth judicial district shall be composed of the county of Adams and the city and county of Broomfield. (2) (a) The number of judges for the seventeenth judicial district shall be eight. (b) Subject to available appropriations, effective July 1, 2002, the number of judges for the seventeenth judicial district shall be nine. (c) Subject to available appropriations, effective July 1, 2003, the number of judges for the seventeenth judicial district shall be ten. (d) Subject to available appropriations, effective July 1, 2007, the number of judges for the seventeenth judicial district shall be eleven. (e) Subject to available appropriations, effective July 1, 2008, the number of judges for the seventeenth judicial district shall be thirteen. (f) Subject to available appropriations, effective July 1, 2009, the number of judges for the seventeenth judicial district shall be fifteen. (g) Subject to available appropriations, effective January 1, 2020, the number of judges for the seventeenth judicial district is sixteen. (3) The seventeenth judicial district shall have jurisdiction over all causes of action accruing and all crimes committed within the city and county of Broomfield on or after November 15, 2001. Prior to November 15, 2001, the judicial districts for the counties, as they existed prior to November 15, 2001, shall have jurisdiction over all causes of action accruing and crimes committed within such counties. Source: L. 64: p. 401, § 18. C.R.S. 1963: § 37-12-18. L. 67: p. 229, § 1. L. 77: (2) amended, p. 781, § 3, effective July 1. L. 84: (2) amended, p. 454, § 3, effective September 1. L. 2000: (1) amended and (3) added, p. 251, § 1, effective August 2. L. 2001: Entire section amended, p. 143, § 7, effective July 1. L. 2007: (2) amended, p. 1527, § 10, effective May 31. L. 2019: (2)(g) added, (SB 19-043), ch. 41, p. 141, § 7, effective March 21. 13-5-119. Eighteenth district. (1) The eighteenth judicial district shall be composed of the counties of Arapahoe, Douglas, Elbert, and Lincoln. (2) (a) The number of judges for the eighteenth judicial district shall be fourteen. (b) Subject to available appropriations, effective July 1, 2002, the number of judges for the eighteenth judicial district shall be fifteen. (c) Subject to available appropriations, effective July 1, 2003, the number of judges for the eighteenth judicial district shall be sixteen. Colorado Revised Statutes 2019 Page 68 of 584 Uncertified Printout (d) (I) Subject to available appropriations, effective July 1, 2004, the number of judges for the eighteenth judicial district shall be seventeen. (II) Subject to available appropriations, effective July 1, 2007, the number of judges for the eighteenth judicial district shall be eighteen. (III) Subject to available appropriations, effective July 1, 2008, the number of judges for the eighteenth judicial district shall be twenty. (IV) Subject to available appropriations, effective July 1, 2009, the number of judges for the eighteenth judicial district shall be twenty-one. (V) Subject to available appropriations, effective July 1, 2014, the number of judges for the eighteenth judicial district is twenty-three. (VI) Subject to available appropriations, effective January 1, 2020, the number of judges for the eighteenth judicial district is twenty-four. (e) The district judges regularly assigned to Arapahoe county shall maintain their offices in one location within Arapahoe county. (3) Repealed. Source: L. 64: pp. 401, 405, §§ 19, 2. C.R.S. 1963: § 37-12-19. L. 67: p. 229, § 2. L. 69: p. 261, § 3. L. 75: (2) amended and (3) added, p. 558, § 6, effective January 1, 1976. L. 77: (2) amended, p. 781, § 4, effective July 1. L. 79: (2) amended, p. 604, § 1, effective June 19. L. 81: (3) repealed, p. 2025, § 14, effective July 14. L. 85: (2) amended, p. 569, § 1, effective November 14, 1986. L. 86: (2) amended, p. 674, § 1, effective November 14. L. 93, 1st Ex. Sess.: (2) amended, p. 33, § 1, effective September 13. L. 97: (2) amended, p. 939, § 2, effective July 1, 1998. L. 2000: Entire section amended, p. 71, § 2, effective July 1. L. 2001: Entire section amended, p. 143, § 8, effective July 1. L. 2007: (2)(d) amended, p. 1527, § 11, effective May 31. L. 2014: (2)(d)(V) added, (HB 14-1050), ch. 36, p. 192, § 1, effective March 14. L. 2019: (2)(d)(VI) added, (SB 19-043), ch. 41, p. 141, § 8, effective March 21. 13-5-120. Nineteenth district. (1) The nineteenth judicial district shall be composed of the county of Weld. (2) (a) The number of judges for the nineteenth judicial district shall be four. (b) Subject to available appropriations, effective July 1, 2002, the number of judges for the nineteenth judicial district shall be five. (c) Subject to available appropriations, effective July 1, 2003, the number of judges for the nineteenth judicial district shall be six. (d) Subject to available appropriations, effective July 1, 2007, the number of judges for the nineteenth judicial district shall be seven. (e) Subject to available appropriations, effective July 1, 2008, the number of judges for the nineteenth judicial district shall be eight. (f) Subject to available appropriations, effective July 1, 2009, the number of judges for the nineteenth judicial district shall be nine. (g) Subject to available appropriations, effective July 1, 2019, the number of judges for the nineteenth judicial district is ten. (h) Subject to available appropriations, effective January 1, 2020, the number of judges for the nineteenth judicial district is eleven. Colorado Revised Statutes 2019 Page 69 of 584 Uncertified Printout Source: L. 64: p. 402, § 20. C.R.S. 1963: § 37-12-20. L. 68: p. 48, § 1. L. 75: (2) amended, p. 558, § 7, effective July 1. L. 2001: Entire section amended, p. 143, § 9, effective July 1. L. 2007: (2) amended, p. 1528, § 12, effective May 31. L. 2019: (2)(g) and (2)(h) added, (SB 19-043), ch. 41, p. 141, § 9, effective March 21. 13-5-121. Twentieth district. (1) The twentieth judicial district shall be composed of the county of Boulder. (2) (a) The number of judges for the twentieth judicial district shall be six. (b) Subject to available appropriations, effective July 1, 2003, the number of judges for the twentieth judicial district shall be seven. (c) Subject to available appropriations, effective July 1, 2004, the number of judges for the twentieth judicial district shall be eight. (d) Subject to available appropriations, effective June 30, 2010, the number of judges for the twentieth judicial district shall be nine. Source: L. 64: p. 402, § 21. C.R.S. 1963: § 37-12-21. L. 69: p. 262, § 1. L. 77: (2) amended, p. 782, § 5, effective July 1. L. 2001: Entire section amended, p. 144, § 10, effective July 1. L. 2007: (2) amended, p. 1528, § 13, effective May 31. 13-5-122. Twenty-first district. (1) The twenty-first judicial district shall be composed of the county of Mesa. (2) (a) The number of judges for the twenty-first judicial district shall be four. (b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twenty-first judicial district shall be five. (c) Subject to available appropriations, effective July 1, 2019, the number of judges for the twenty-first judicial district is six. Source: L. 64: p. 402, § 22. C.R.S. 1963: § 37-12-22. L. 77: (2) amended, p. 782, § 6, effective July 1. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 3, effective January 1, 1991. L. 2007: (2) amended, p. 1528, § 14, effective May 31. L. 2019: (2)(c) added, (SB 19-043), ch. 41, p. 141, § 10, effective March 21. 13-5-123. Twenty-second district. (1) The twenty-second judicial district shall be composed of the counties of Dolores and Montezuma. (2) (a) The number of judges for the twenty-second judicial district shall be one. (b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twenty-second judicial district shall be two. Source: L. 64: p. 402, § 23. C.R.S. 1963: § 37-12-23. L. 2007: (2) amended, p. 1529, § 15, effective May 31. 13-5-124. Appointment of clerk and employees. District court personnel shall be appointed pursuant to the provisions of section 13-3-105. Colorado Revised Statutes 2019 Page 70 of 584 Uncertified Printout Source: L. 64: p. 403, § 27. C.R.S. 1963: § 37-12-27. L. 69: p. 249, § 5. L. 79: Entire section R&RE, p. 598, § 11, effective July 1. 13-5-125. Clerks to keep records. The clerks of district courts shall keep the financial records prescribed by the state court administrator under the provisions of section 13-3-106. Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-30. L. 73: p. 1402, § 29. 13-5-126. Duties of bailiff. It is the duty of every bailiff to preserve order in the court to which he may be appointed; to attend upon the jury; to open and close the court; and to perform such other duties as may be required of him by the judge of the court. Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-31. 13-5-127. Duties of reporters. The shorthand reporter, on the direction of the court, shall take down in shorthand all the testimony, rulings of the court, exceptions taken, oral instructions given, and other proceedings had during the trial of any cause, and in such causes as the court may designate. Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-32. 13-5-128. Compensation of reporter. The shorthand reporter of a court of record shall be compensated for preparation of the original and any copies of the typewritten transcript of his shorthand notes at such rates as from time to time may be established and promulgated by the supreme court of the state of Colorado. Where, in a court of record, no shorthand reporter is employed and trial transcripts are prepared by other court personnel, such personnel shall be similarly compensated for any transcript preparation required to be accomplished in other than normal working hours. Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-33. L. 69: p. 1085, § 1. L. 73: p. 494, § 1. L. 79: Entire section R&RE, p. 605, § 1, effective May 22. 13-5-129. Reporters' expenses. (Repealed) Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-34. L. 69: p. 249, § 6. L. 79: Entire section repealed, p. 602, § 30, effective July 1. 13-5-130. Reporters to file verified statements. (Repealed) Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-35. L. 72: p. 591, § 58. L. 79: Entire section repealed, p. 602, § 30, effective July 1. 13-5-131. Multiple-judge districts. In any district court composed of more than one judge, each of the judges shall sit separately for the trial of causes and the transaction of business Colorado Revised Statutes 2019 Page 71 of 584 Uncertified Printout and shall have and exercise all the powers and functions, as well in vacation of court as in term time, which he might have and exercise if he were the sole judge of said court. Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-38. 13-5-132. Powers of judges sitting separately. Each court held by the several judges, while sitting separately, shall be known as the district court in and for the county where such court is held and shall have the same power to vacate or modify its own judgments, decrees, or orders rendered or made while so held as if the said court were composed of a single judge. Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-39. 13-5-133. Judges may sit en banc - purpose - rules. (1) In any district court composed of more than one judge, the judges may sit en banc at such times as they may determine, for the purpose of making rules of court, the appointment of a clerk and other employees, subject to the provisions of section 13-3-105, and other ministerial duties, subject to the administrative powers delegated to the chief judge by the chief justice of the supreme court pursuant to section 5 (4) of article VI of the state constitution. (2) Subject to the approval of the chief justice of the supreme court, a district court sitting en banc may make rules: (a) To facilitate the transaction of business in the courts held by the judges sitting separately; and (b) To provide for the classification, arrangement, and distribution of the business of the court among the several judges thereof. (3) Judges of a district court in districts having more than one judge may sit en banc only for the purposes enumerated in this section, and the court so sitting en banc shall have no power to review any order, decision, or proceeding of the court held by any judge sitting separately. Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-40. L. 69: p. 250, § 9. 13-5-134. Juries. Jurors may be summoned and empaneled for each of the judges sitting separately as though each were the sole court. Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-41. L. 84: Entire section amended, p. 476, § 1, effective February 6. 13-5-135. Time limit on judgment. Every motion, issue, or other matter arising in any cause pending or to be brought in any district court of this state, and which is submitted to any such court for judgment or decision thereof, shall be determined by the court within ninety days after the adjournment of court. This section shall not be so construed as to prohibit a decision after the expiration of the time limited, but only as working a forfeiture as provided in section 13-5-136. Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-42. Colorado Revised Statutes 2019 Page 72 of 584 Uncertified Printout 13-5-136. Forfeit of salary. (1) If any judge of any district court, to whom any motion, issue, or other matter, arising in any cause, is submitted for judgment or decision, fails or neglects to decide or give judgment upon the same within the time limited by section 13-5-135, such judge shall not receive from the state treasury any salary for the quarter in which such failure occurred, when the following requirements are satisfied: (a) The party aggrieved by the failure of such judge to rule in a timely manner files a complaint demanding the withholding of the salary of such judge with the commission on judicial discipline established in section 23 (3) of article VI of the state constitution; (b) The commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, investigates the judge's alleged violation of section 13-5-135; (c) After such investigation the commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, makes a recommendation concerning the allegation to the Colorado supreme court; and (d) If deemed appropriate, the Colorado supreme court issues an order directing the department of the treasury to withhold the judge's salary. (2) This section shall not apply in case of the sickness or death of a judge. Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-43. L. 2000: Entire section amended, p. 153, § 1, effective March 17. 13-5-137. Judges seeking retention in office. (Repealed) Source: L. 79: Entire section added, p, 606, § 1, effective April 25; entire section repealed, p. 606, § 1, effective June 30, 1980. 13-5-138. Appeals to district court. If a statute provides for review of the acts of any court, board, commission, or officer by certiorari or other writ and if no time within which review may be sought is provided by statute, a petition to review such acts shall be filed in the district court not later than thirty days from the final action taken by said court, board, commission, or officer. Source: L. 81: Entire section added, p. 877, § 1, effective April 24. 13-5-139. Transfer of information from orders for child support and maintenance to child support enforcement agency - payment of support and maintenance. (1) On and after July 1, 1991, and contingent upon the executive director of the department of human services notifying the state court administrator that a particular county or judicial district is ready to implement and participate in the family support registry created in section 26-13-114, C.R.S., the clerk of the court of every judicial district in the state shall transfer the information described in section 26-13-114 (7), C.R.S., to the delegate child support enforcement unit within five working days after entry or modification of a court order or filing of an administrative order in any IV-D case, as defined in section 26-13-102.5 (2), C.R.S. (2) to (4) Repealed. Colorado Revised Statutes 2019 Page 73 of 584 Uncertified Printout Source: L. 85: Entire section added, p. 588, § 3, effective July 1. L. 87: (1) amended, p. 591, § 12, effective July 10. L. 88: (4) amended, p. 635, § 15, effective July 1. L. 90: (1) amended and (2) to (4) repealed, pp. 1412, 1416, §§ 6, 17, effective June 8. L. 94: (1) amended, p. 2640, § 87, effective July 1. Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. 13-5-140. Transfer of certain registry functions - cooperation between departments. The judicial department and the department of human services shall cooperate in the transfer of the functions relating to the collection of child support from the courts to the child support enforcement agency specified in article 13 of title 26, C.R.S. In order to implement such transfer, which shall be completed on or after July 1, 1991, and upon notification to the state court administrator by the executive director of the department of human services that a particular county or judicial district is ready to implement and participate in the family support registry, the judicial department shall transfer to the state child support enforcement agency all necessary data, computer programs, technical written material, and budgetary information and shall provide such technical assistance as may be required. The judicial department shall retain payment records relating to child support orders until the executive director of the department of human services notifies the state court administrator that retention of the records is no longer necessary. Source: L. 85: Entire section added, p. 588, § 3, effective July 1. L. 88: Entire section amended, p. 636, § 16, effective July 1. L. 90: Entire section amended, p. 1412, § 7, effective June 8. L. 94: Entire section amended, p. 2640, § 88, effective July 1. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 13-5-141. Compilation - sentences received upon conviction of felony. (1) The state court administrator's office shall, by March 1 and by September 1 of each year, prepare and make available to the public at each district court, for a reasonable charge, a compilation of the sentences imposed in felony cases by each judge in each district court. Such compilation shall include: (a) The name of each judge; (b) The name of each offender and a description of the crime for which he was convicted; (c) The sentence imposed by each such judge for each such felony case; and (d) A statement that complete information concerning aggravating and mitigating factors, plea and sentence concessions, and other sentencing considerations is available in the court file. As soon as practical, such information shall be included in the compilation. Source: L. 87: Entire section added, p. 542, § 1, effective July 1. Colorado Revised Statutes 2019 Page 74 of 584 Uncertified Printout 13-5-142. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the "bureau": (a) The name of each person who has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.; (b) The name of each person who has been committed by order of the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112 or 27-82-108; and (c) The name of each person with respect to whom the court has entered an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-107, for extended certification for treatment of a mental health disorder pursuant to section 27-65-108, or for long-term care and treatment of a mental health disorder pursuant to section 27-65-109. (1.5) Not more than forty-eight hours after receiving notification of a person who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state court administrator shall report such fact to the bureau. (2) Any report made by the state court administrator pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g)(4). (3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if: (a) The person to whom the record pertains makes a written request to the state court administrator; and (b) No less than three years before the date of the written request: (I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in the national instant criminal background check system is based on a finding of incapacity; (II) The period of commitment of the most recent order of commitment or recommitment expired, or a court entered an order terminating the person's incapacity or discharging the person from commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of commitment to the custody of the office of behavioral health in the department of human services; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment pursuant to section 27-81-112 (11) on the grounds that further treatment is not likely to bring about significant improvement in the person's condition; or (III) The record in the case was sealed pursuant to section 27-65-107 (7), or the court entered an order discharging the person from commitment in the nature of habeas corpus pursuant to section 27-65-113, if the record in the national instant criminal background check system is based on a court order for involuntary certification for short-term treatment of a mental health disorder. (4) Pursuant to section 102 (c) of the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record Colorado Revised Statutes 2019 Page 75 of 584 Uncertified Printout reported by the state court administrator pursuant to subsection (1) of this section does not apply or no longer applies, shall: (a) Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and (b) Notify the attorney general that such basis does not apply or no longer applies. Source: L. 2002: Entire section added, p. 753, § 1, effective January 1, 2003. L. 2010: (1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 780, § 15, effective April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB 13-1229), ch. 47, p. 131, § 2, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended, (SB 17-242), ch. 263, p. 1251, § 5, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended, (SB 18-091), ch. 35, p. 382, § 8, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 13-5-142.5. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec. 922 (d)(4) and (g)(4), as permitted by the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180, sec. 105). (2) Eligibility. A person may petition for relief pursuant to this section if: (a) (I) He or she has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.; (II) He or she has been committed by order of the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112 or 27-82108; or (III) The court has entered an order for the person's involuntary certification for shortterm treatment of a mental health disorder pursuant to section 27-65-107, for extended certification for treatment of a mental health disorder pursuant to section 27-65-108, or for longterm care and treatment of a mental health disorder pursuant to section 27-65-109; and (b) He or she is a person to whom the sale or transfer of a firearm or ammunition is prohibited by 18 U.S.C. sec. 922 (d)(4), or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. sec. 922 (g)(4). (3) Due process. In a court proceeding pursuant to this section: (a) The petitioner shall have an opportunity to submit his or her own evidence to the court concerning his or her petition; (b) The court shall review the evidence; and (c) The court shall create and thereafter maintain a record of the proceeding. (4) Proper record. In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning, and shall consider: Colorado Revised Statutes 2019 Page 76 of 584 Uncertified Printout (a) The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. sec. 922 (g)(4); (b) The petitioner's record, which must include, at a minimum, the petitioner's mental health records and criminal history records; and (c) The petitioner's reputation, which the court shall develop, at a minimum, through character witness statements, testimony, or other character evidence. (5) Proper findings. (a) Before granting relief to a petitioner pursuant to this section, the court shall issue findings that: (I) The petitioner is not likely to act in a manner that is dangerous to public safety; and (II) Granting relief to the petitioner is not contrary to the public interest. (b) (I) If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the court of appeals to review the denial, including the record of the denying court. (II) A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court. (III) In reviewing a denial, the court of appeals has discretion, but is not required, to receive additional evidence necessary to conduct an adequate review. Source: L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 132, § 3, effective March 20. L. 2017: (2)(a)(II) amended, (SB 17-242), ch. 263, p. 1251, § 6, effective May 25. L. 2018: (2)(a)(III) amended, (SB 18-091), ch. 35, p. 383, § 9, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 13-5-142.8. Notice by professional persons. Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-107 shall also include a notice filed by a professional person pursuant to section 27-65-107, and an order for extended certification for treatment of mental health disorder pursuant to section 27-65-108 shall also include a notice filed by a professional person pursuant to section 27-65-108. Source: L. 2019: Entire section added, (SB 19-177), ch. 311, p. 2812, § 3, effective August 2. 13-5-143. Judge as party to a case - recusal of judge upon motion. (1) If a judge or former judge of a district court is a party in his or her individual and private capacity in a case that is to be tried within any district court in the same judicial district in which the judge or former judge is or was a judge of a district court, any party to the case may file a timely motion requesting that the judge who is appointed to preside over the case recuse himself or herself from the case. (2) If a district court receives a motion filed by a party pursuant to subsection (1) of this section, the judge who is appointed to preside over the case shall recuse himself or herself if he or she is a judge of a district court in the same judicial district in which the judge or former judge Colorado Revised Statutes 2019 Page 77 of 584 Uncertified Printout who is a party to the case in his or her individual and private capacity is or was a judge of a district court. (3) If a judge recuses himself or herself pursuant to subsection (2) of this section, the chief justice of the Colorado supreme court or his or her designee shall appoint a judge from outside the judicial district to preside over the case. (4) The provisions of this section shall not apply to a water judge or referee when he or she is acting within his or her exclusive jurisdiction over water matters pursuant to section 3792-203, C.R.S. Source: L. 2008: Entire section added, p. 435, § 1, effective August 5. 13-5-144. Chief judge - veterans treatment court authority. The chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. In establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. Source: L. 2010: Entire section added, (HB 10-1104), ch. 139, p. 465, § 3, effective April 16. L. 2018: Entire section amended, (HB 18-1078), ch. 135, p. 890, § 2, effective August 8. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 139, Session Laws of Colorado 2010. 13-5-145. Truancy detention reduction policy - legislative declaration. (1) The general assembly finds that: (a) Imposing a sentence of detention on a juvenile who violates a court order to attend school does not improve the likelihood that the juvenile will attend school and does not address the underlying causes of the juvenile's truancy; (b) The best methods to address truancy and its underlying causes and the resources needed to implement those methods are different in each community; (c) Since 2014, the juvenile courts in many judicial districts around the state have successfully reduced the use of detention for juveniles who are truant by implementing pilot projects through which the juvenile court imposes reasonable sanctions and, where possible, provides incentives to attend school, reserving detention as a sanction of last resort; and (d) These pilot projects need additional time to produce meaningful data regarding the effectiveness of the alternate sanctions and incentives and to determine whether they result in improved outcomes for juveniles and their families. (2) The chief judge in each judicial district, or his or her designee, shall convene a meeting of community stakeholders to create a policy for addressing truancy cases that seeks alternatives to the use of detention as a sanction for truancy. Community stakeholders may include, but need not be limited to: (a) Parents; (b) Representatives from school districts; (c) Representatives from county departments of human or social services; Colorado Revised Statutes 2019 Page 78 of 584 Uncertified Printout (d) Guardians ad litem; (e) Court-appointed special advocates; (f) Juvenile court judges; (g) Respondent counsel; (h) Representatives from law enforcement agencies; (i) Mental health care providers; (j) Substance use disorder treatment providers; (k) Representatives from the division of criminal justice in the department of public safety; (l) Representatives from the state department of human services; and (m) Representatives from the department of education. (3) The chief judge in each judicial district shall adopt a policy for addressing truancy cases no later than March 15, 2016. In developing the policy for addressing truancy cases, the chief judge and the community stakeholders shall consider, at a minimum: (a) Best practices for addressing truancy that are used in other judicial districts and in other states; (b) Evidence-based practices to address and reduce truancy; (c) Using a wide array of reasonable sanctions and reasonable incentives to address and reduce truancy; (d) Using detention only as a last resort after exhausting all other reasonable sanctions and, when imposing detention, appropriately reducing the number of days served; and (e) Research regarding the effect of detention on juveniles. (4) The state court administrator's office shall report to the judiciary committees of the house of representatives and the senate, or any successor committees, no later than April 15, 2016, regarding the policy for addressing truancy cases adopted by each judicial district. Source: L. 2015: Entire section added, (SB 15-184), ch. 286, p. 1172, § 1, effective August 5. L. 2017: (2)(j) amended, (SB 17-242), ch. 263, p. 1292, § 105, effective May 25. L. 2018: (2)(c) amended, (SB 18-092), ch. 38, p. 398, § 7, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. PART 2 DISTRICT COURT MAGISTRATES 13-5-201. District court magistrates. (1) District court magistrates may be appointed, subject to available appropriations, pursuant to section 13-3-105, if approved by the chief justice of the supreme court. (2) A district court magistrate shall be a qualified attorney-at-law admitted to practice in this state and in good standing. Nothing in this part 2 shall affect the qualifications of water referees appointed pursuant to section 37-92-203 (6), C.R.S. Colorado Revised Statutes 2019 Page 79 of 584 Uncertified Printout (2.5) District court magistrates shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S. (3) District court magistrates may hear such matters as are determined by rule of the supreme court, subject to the provision that no magistrate may preside in any trial by jury. (3.5) District court magistrates shall have the power to preside over matters specified in section 13-17.5-105. (4) For purposes of this part 2, the Denver probate court shall be regarded as a district court. Source: L. 83: Entire part added, p. 600, § 1, effective May 20. L. 89: (2.5) added, p. 781, § 2, effective April 4. L. 91: Entire section amended, p. 354, § 2, effective April 9. L. 93: (2) amended, p. 1774, § 30, effective June 6. L. 95: (3.5) added, p. 480, § 2, effective July 1. Cross references: For magistrates in the small claims division of county courts, see § 13-6-405; for magistrates in county courts, see part 5 of article 6 of this title. PART 3 FAMILY LAW MAGISTRATES 13-5-301 to 13-5-305. (Repealed) Source: L. 2004: Entire part repealed, p. 224, § 1, effective July 1. Editor's note: This part 3 was added in 1985. For amendments to this part 3 prior to its repeal in 2004, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 5.5 Commissions on Judicial Performance Editor's note: This article 5.5 was added in 1988. It was repealed and reenacted in 2017, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 5.5 prior to 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 5.5, see the comparative tables located in the back of the index. Colorado Revised Statutes 2019 Page 80 of 584 Uncertified Printout 13-5.5-101. Legislative declaration. (1) It is the intent of the general assembly to provide: (a) A comprehensive evaluation system of judicial performance; (b) Information to the people of Colorado regarding the performance of judges and justices throughout the state; and (c) Transparency and accountability for judges and justices throughout the state of Colorado. (2) Therefore, the general assembly finds and declares that it is in the public interest and is a matter of statewide concern to: (a) Provide judges and justices with useful information concerning their own performances, along with training resources to improve judicial performance as necessary; (b) Establish a comprehensive system of evaluating judicial performance to provide persons voting on the retention of judges and justices with fair, responsible, and constructive information about individual judicial performance; (c) Establish an independent office on judicial performance evaluation with full authority to implement the provisions of this article 5.5; and (d) Conduct statewide judicial performance evaluations, as well as judicial performance evaluations within each judicial district, using uniform criteria and procedures pursuant to the provisions of this article 5.5. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1765, § 1, effective August 9. L. 2019: (1)(b), (1)(c), (2)(a), and (2)(b) amended, (SB 19-187), ch. 374, p. 3396, § 1, effective May 30. Editor's note: This section is similar to former § 13-5.5-101 as it existed prior to 2017. 13-5.5-102. Definitions. As used in this article 5.5, unless the context otherwise requires: (1) "Attorney" means a person admitted to practice law before the courts of this state. (2) "Commission" means both the state and district commissions on judicial performance, established in section 13-5.5-104, unless the usage otherwise specifies the state commission or a district commission. (3) "Commissioner" means an appointed member of the state commission or one of the district commissions on judicial performance established in section 13-5.5-104. (4) "Department" means the state judicial department. (5) "Executive director" means the executive director of the office on judicial performance evaluation created in section 13-5.5-103. (6) "Fund" means the state commission on judicial performance cash fund, created in section 13-5.5-115. (7) "Improvement plan" means an individual judicial improvement plan developed and implemented pursuant to section 13-5.5-110. (8) "Interim evaluation" means an interim evaluation conducted by a commission pursuant to section 13-5.5-109 during a full term of office of a justice or judge. (9) "Judge" includes all active judges. (10) "Justice" means a justice serving on the supreme court of Colorado. Colorado Revised Statutes 2019 Page 81 of 584 Uncertified Printout (11) "Office" means the office on judicial performance evaluation created in section 135.5-103. (12) "Retention year evaluation" means a judicial performance evaluation conducted by a commission pursuant to section 13-5.5-108 of a justice or judge whose term is to expire and who must stand for retention election. (13) Repealed. (14) "Volunteer courtroom observer program" means a systemwide program comprised of volunteers who provide courtroom observation reports for use by state and district commissions in judicial performance evaluations. The state commission shall develop rules, guidelines, and procedures for the volunteer courtroom observer program pursuant to section 135.5-105 (2)(i). Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1766, § 1, effective August 9. L. 2019: (9) amended and (13) repealed, (SB 19-187), ch. 374, p. 3397, § 2, effective May 30. 13-5.5-103. Office on judicial performance evaluation - executive director - duties oversight. (1) The office on judicial performance evaluation is established in the judicial department. The state commission on judicial performance, established pursuant to section 135.5-104, shall oversee the office. (2) The state commission shall appoint an executive director of the office. The executive director serves at the pleasure of the state commission. The executive director's compensation is the same as that which the general assembly establishes for a judge of the district court. The state commission shall not reduce the executive director's compensation during the time that he or she serves as executive director. The executive director shall hire additional staff for the office as necessary and as approved by the state commission. (3) Subject to the state commission's supervision, the office shall: (a) Staff the state and district commissions when directed to do so by the state commission; (b) Train state and district commissioners as needed and requested; (c) Collect and disseminate data on judicial performance evaluations, including judicial performance surveys developed, collected, and distributed, pursuant to section 13-5.5-105 (2); (d) Conduct public education efforts concerning the judicial performance evaluation process and the recommendations made by the state and district commissions; (e) Measure public awareness of the judicial performance evaluation process through regular polling; and (f) Complete any other duties as assigned by the state commission. (4) Office expenses are paid for from the state commission on judicial performance cash fund created pursuant to section 13-5.5-115. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1767, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-101.5 as it existed prior to 2017. Colorado Revised Statutes 2019 Page 82 of 584 Uncertified Printout 13-5.5-104. State commission on judicial performance - district commissions on judicial performance - established - membership - terms - immunity - conflicts. (1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, include persons from throughout the state or judicial district and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state or district. Justices and judges actively performing judicial duties may not be appointed to serve on a commission. Former justices and judges are eligible to be appointed as attorney commissioners; except that a former justice or judge may not be assigned or appointed to perform judicial duties while serving on a commission. (2) Repealed. (3) (a) The state commission consists of eleven members, appointed on or before March 1, 2019, as follows: (I) The speaker of the house of representatives shall appoint one attorney and one nonattorney; (II) The minority leader of the house of representatives shall appoint one nonattorney; (III) The president of the senate shall appoint one attorney and one nonattorney; (IV) The minority leader of the senate shall appoint one nonattorney; (V) The chief justice of the supreme court shall appoint two attorneys; and (VI) The governor shall appoint two nonattorneys and one attorney. (b) The terms of state commissioners appointed prior to January 31, 2019, shall continue until such time as his or her term was originally set to expire; except that the term of the two nonattorneys appointed by the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of this section expires on January 31, 2019. (c) This subsection (3) becomes effective February 1, 2019. (4) (a) Each district commission consists of ten members, appointed on or before March 1, 2019, as follows: (I) The speaker of the house of representatives shall appoint one attorney and one nonattorney; (II) The president of the senate shall appoint one attorney and one nonattorney; (III) The minority leader of the house of representatives shall appoint one nonattorney; (IV) The minority leader of the senate shall appoint one nonattorney; (V) The chief justice of the supreme court shall appoint two attorneys; and (VI) The governor shall appoint two nonattorneys. (b) The terms of district commissioners appointed prior to January 31, 2019, shall continue until such time as his or her term was originally set to expire; except that the following commissioners' terms expire on January 31, 2019: (I) The two nonattorneys appointed by the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of this section; and (II) The attorney appointed by the governor pursuant to subsection (2)(a)(III) of this section. (c) This subsection (4) becomes effective February 1, 2019. Colorado Revised Statutes 2019 Page 83 of 584 Uncertified Printout (5) (a) The term for a commissioner is four years and expires on November 30 of an odd-numbered year. The term of a commissioner appointed to replace a member at the end of the commissioner's term begins on December 1 of the same year. (b) The original appointing authority shall fill any vacancy on a commission, but a commissioner shall not serve more than two full terms including any balance remaining on an unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy arises on a commission, the commission with the vacancy shall notify the original appointing authority of the vacancy. The original appointing authority shall make an appointment within forty-five days after the date of the vacancy. If the original appointing authority fails to make the appointment within forty-five days after the date of the vacancy, the state commission shall make the appointment. (c) The appointing authority may remove a commissioner whom he or she appointed for cause. (6) Each commission shall elect a chair every two years by a vote of the membership. (7) State and district commissioners and employees of the state or a district commission are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners and employees of the state or a district commission. (8) A commissioner shall recuse himself or herself from an evaluation of the person who appointed the commissioner to the commission. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1768, § 1, effective August 9. L. 2019: (5)(b) amended, (SB 19-187), ch. 374, p. 3397, § 3, effective May 30. Editor's note: (1) This section is similar to former §§ 13-5.5-102 and 13-5.5-104 as they existed prior to 2017. (2) Subsection (2)(c) provided for the repeal of subsection (2), effective January 31, 2019. (See L. 2017, p. 1768.) 13-5.5-105. Powers and duties of the state and district commissions - rules. (1) In addition to any other powers conferred or duties assigned upon the separate commissions by this article 5.5, all commissions have the following powers and duties: (a) To review any available case management data and statistics provided by the state court administrator, the state commission, and district commissions related to individual justices and judges. A district commission may ask the state court administrator to provide supplemental information and assistance in assessing a judge's overall case management. (b) To review written judicial opinions and orders authorized by justices and judges under the commission's oversight; (c) To collect information from courtroom observation by commissioners of justices and judges, as well as information provided to the commissions by the volunteer courtroom observer program; (d) To interview justices and judges under the commission's oversight and to accept information and documentation from interested persons as necessary, including judicial performance surveys; (e) To make recommendations and prepare narratives that reflect the results of performance evaluations of justices and judges; and Colorado Revised Statutes 2019 Page 84 of 584 Uncertified Printout (f) At an individual commission's discretion after it completes an interim evaluation of a justice or judge pursuant to section 13-5.5-109, to recommend that the chief justice or appropriate chief judge develop an individual judicial improvement plan pursuant to section 135.5-110. (2) In addition to other powers conferred and duties imposed upon the state commission by this article 5.5 and section 13-5.5-106, the state commission has the following powers and duties: (a) To appoint and supervise the executive director of the office on judicial performance evaluation; (b) To assist the executive director in managing the office and providing fiscal oversight of the office's operating budget; (c) To review data, prepare narratives, and make recommendations related to individual supreme court justices and judges of the court of appeals in accordance with sections 13-5.5-108 and 13-5.5-109; (d) (I) To develop surveys to evaluate the performance of justices and judges, which surveys are completed by individuals who interact with the court, including but not limited to attorneys, jurors, represented and unrepresented litigants; law enforcement personnel; attorneys within the district attorneys' and public defenders' offices, employees of the court, court interpreters, employees of probation offices, and employees of local departments of social services; and victims of crimes, as defined in section 24-4.1-302 (5); (I.5) The surveys developed pursuant to subsection (2)(d)(I) of this section are to be distributed primarily through electronic means, and the state commission shall make efforts to locate electronic mail addresses for the parties identified in said subsection. (II) To develop rules, guidelines, and procedures to make the results of surveys developed pursuant to this subsection (2)(d) readily available to all parties set forth in subsection (2)(d)(I) of this section; (III) To develop rules, guidelines, and procedures to provide interested parties with accessible and timely opportunities to review the surveys developed pursuant to this subsection (2)(d); and (IV) To develop rules, guidelines, and procedures to make the surveys developed pursuant to this subsection (2)(d) and any available survey reports available to the public; (e) To determine the validity of completed surveys developed pursuant to this subsection (2), report to the district commissions on the validity of the surveys for their districts, and prepare alternatives to surveys where sample populations are inadequate to produce valid results; (f) To produce and distribute survey reports and public narratives that reflect the results of each judicial performance evaluation; (g) To develop rules, guidelines, and procedures for the review of the deliberation procedures established by the district commissions; except that the state commission does not have the power or duty to review actual determinations made by a district commission; (h) To promulgate rules pursuant to section 13-5.5-106 concerning: (I) The evaluation of justices and judges based on performance evaluation criteria set forth in section 13-5.5-107; (II) The creation of a standards matrix or scorecard related to the performance evaluation criteria set forth in section 13-5.5-107; and Colorado Revised Statutes 2019 Page 85 of 584 Uncertified Printout (III) The continuous collection of data for use in the evaluation process, including surveys developed pursuant to subsection (2)(d) of this section; (i) To develop rules, guidelines, and procedures concerning a systemwide judicial training program and a systemwide volunteer courtroom observer program; and (j) To prepare a report pursuant to section 13-5.5-114. (3) In addition to other powers conferred and duties imposed upon a district commission by this article 5.5, in conformity with the rules, guidelines, and procedures adopted by the state commission pursuant to section 13-5.5-106 and the state commission's review of the deliberation procedures pursuant to subsection (2) of this section, each district commission has the following powers and duties: (a) To obtain information from parties and attorneys regarding judges' handling of cases with respect to the judges' fairness, patience with pro se parties, gender neutrality, racial disparity, and handling of emotional parties; (b) To review data, prepare narratives, and make evaluations related to judges pursuant to the provisions of sections 13-5.5-108 and 13-5.5-109; and (c) Upon completing the required recommendations and narratives pursuant to subsection (1) of this section, to collect all documents and other information, including all surveys and copies, received regarding each judge who was evaluated and forward such documents and information to the state commission within thirty days. (4) Unless recused pursuant to a provision of this article 5.5, each commissioner of the state and district commissions has the discretion to evaluate the performance of a justice or judge under the commission's oversight and vote as to whether the justice or judge meets the performance standard based upon the commissioner's review of all of the information available to the commission. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1770, § 1, effective August 9. L. 2019: (2)(d)(I), (2)(d)(III), and (2)(h)(II) amended and (2)(d)(I.5) added, (SB 19187), ch. 374, p. 3397, § 4, effective May 30. Editor's note: This section is similar to former §§ 13-5.5-103 and 13-5.5-105 as they existed prior to 2017. 13-5.5-106. Rules, guidelines, and procedures. (1) The state commission shall adopt rules, guidelines, and procedures as necessary to implement and effectuate the provisions of this article 5.5, including rules, guidelines, and procedures governing the district commissions. (2) The state commission shall consider proposed rules, guidelines, or procedures from the judicial department; except that nothing in this section requires the state commission to seek approval from the judicial department. The state commission retains the authority for the adoption of final rules, guidelines, or procedures. The state commission may, at its discretion and within existing appropriations and resources, retain independent legal counsel to review any rules, guidelines, or procedures adopted pursuant to this section or section 13-5.5-105. (3) The state commission may adopt rules, guidelines, or procedures that provide guidance to commissioners regarding the review or interpretation of information obtained as a result of the evaluation process and the criteria contained in section 13-5.5-107. Any such rules, guidelines, or procedures must: Colorado Revised Statutes 2019 Page 86 of 584 Uncertified Printout (a) Take into consideration the reliability of survey data and be consistent with section 13-5.5-105; and (b) Not divest any commissioner of his or her ultimate authority to decide whether a justice or judge meets the minimum performance standards, as established by the state and district commissions. (4) The state commission shall post a notice of the proposed rule, guideline, or procedure; allow for a period for public comment; and give the public an opportunity to address the state commission concerning the proposed rule, guideline, or procedure at a public hearing. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective August 9. 13-5.5-107. Judicial performance evaluation criteria. (1) The state commission and each district commission shall evaluate each justice and judge in Colorado utilizing the powers and duties conferred upon each commission in section 13-5.5-105. The evaluations must only include the following performance evaluation criteria: (a) Integrity, including but not limited to whether the justice or judge: (I) Avoids impropriety or the appearance of impropriety; (II) Displays fairness and impartiality toward all participants; and (III) Avoids ex parte communications; (b) Legal knowledge, including but not limited to whether the justice or judge: (I) Demonstrates, through well-reasoned opinions and courtroom conduct, an understanding of substantive law and relevant rules of procedure and evidence; (II) Demonstrates, through well-reasoned opinions and courtroom conduct, attentiveness to factual and legal issues before the court; and (III) Adheres to precedent or clearly explains the legal basis for departure from precedent and appropriately applies statutes or other sources of legal authority; (c) Communication skills, including but not limited to whether the justice or judge: (I) Presents clearly written and understandable opinions, findings of fact, conclusions of law, and orders; (II) Presents clearly stated and understandable questions or statements during oral arguments or presentations, and, for trial judges, clearly explains all oral decisions; and (III) Clearly presents information to the jury, as necessary; (d) Judicial temperament, including but not limited to whether the justice or judge: (I) Demonstrates courtesy toward attorneys, litigants, court staff, and others in the courtroom; and (II) Maintains and requires order, punctuality, and appropriate decorum in the courtroom; (e) Administrative performance, including but not limited to whether the justice or judge: (I) Demonstrates preparation for oral arguments, trials, and hearings, as well as attentiveness to and appropriate control over judicial proceedings; (II) Manages workload and court time effectively and efficiently; (III) Issues opinions, findings of fact, conclusions of law, and orders in a timely manner and without unnecessary delay; Colorado Revised Statutes 2019 Page 87 of 584 Uncertified Printout (IV) Participates in a proportionate share of the court's workload, takes responsibility for more than his or her own caseload, and is willing to assist other justices or judges; and (V) Understands and complies, as necessary, with directives of the Colorado supreme court; and (f) Service to the legal profession and the public by participating in service-oriented efforts designed to educate the public about the legal system and improve the legal system. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-105.5 as it existed prior to 2017. 13-5.5-108. Judicial performance evaluations in retention election years - procedure - recommendations. (1) Judicial performance evaluations for justices or judges whose terms are to expire and who must stand for retention election are conducted as follows: (a) The state commission shall conduct a judicial performance evaluation of each such justice of the supreme court and judge of the court of appeals; and (b) The district commission shall conduct a judicial performance evaluation for each district judge and county judge. (2) (a) The applicable commission shall complete a retention year evaluation and related narrative to be communicated to the justice or judge no later than forty-five days prior to the last day available for the justice or judge to declare his or her intent to stand for retention. (b) The narrative prepared for a retention year evaluation must include an assessment of the justice's or judge's strengths and weaknesses with respect to the judicial performance criteria contained in section 13-5.5-107, a discussion regarding any deficiency identified in an interim evaluation prepared pursuant to section 13-5.5-109, a review of any improvement plan developed pursuant to section 13-5.5-110, and a statement of whether the applicable commission concludes that any deficiency identified has been satisfactorily addressed, or a statement from the chief justice or appropriate chief judge that an improvement plan, if any, was satisfactorily followed by the justice or judge. (c) The applicable commission shall grant each justice or judge who receives a retention year evaluation the opportunity to meet with the commission or otherwise respond to the evaluation no later than ten days following his or her receipt of the evaluation. If the meeting is held or a response is made, the applicable commission may revise its evaluation. (3) After the requirements of subsection (2) of this section are met, the applicable commission shall make a recommendation regarding the performance of each justice or judge who declares his or her intent to stand for retention. The recommendations must be stated as "meets performance standard" or "does not meet performance standard". For a justice or judge to receive a designation of "does not meet performance standard", there must be a majority vote by the commission members that the particular justice or judge should receive such a recommendation. (4) District commissions shall forward recommendations, narratives, and any other relevant information, including any completed judicial surveys, to the state commission according to the provisions of section 13-5.5-105. Colorado Revised Statutes 2019 Page 88 of 584 Uncertified Printout (5) The state commission shall release the narrative, the recommendation, and any other relevant information related to a retention year evaluation, including the information forwarded pursuant to section 13-5.5-105, to the public no later than two months prior to the retention election. The state commission shall arrange to have the narrative and recommendation for each justice and judge standing for retention printed in the ballot information booklet prepared pursuant to section 1-40-124.5 and mailed to electors pursuant to section 1-40-125. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1775, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-106 as it existed prior to 2017. 13-5.5-109. Judicial performance evaluations in interim years between elections procedure. (1) Within the first two years of a justice's or judge's appointment to the bench, the appropriate commission shall conduct an initial evaluation of each justice and each judge. The appropriate commission shall complete and communicate its judicial performance interim evaluations as follows: (a) The state commission shall communicate its findings, including any recommendations for improvement plans, to the chief justice of the supreme court or the chief judge of the court of appeals and the appellate justice or judge who was evaluated; and (b) The applicable district commission shall communicate its findings, including any recommendations for improvement plans, to the chief judge of the district and the judge who was evaluated. (2) If a commission recommends an improvement plan, the procedure development and implementation for such a plan will follow the guidelines set forth in section 13-5.5-110. (3) The appropriate commission, at its discretion, may conduct a subsequent interim evaluation of each justice and each judge during the years between when the justice or judge stands for retention, if applicable. (4) The appropriate commission shall grant each justice or judge who receives an initial or interim evaluation the opportunity to meet with the commission or otherwise respond to the initial or interim evaluation no later than ten days following the justice's or judge's receipt of the initial or interim evaluation. If a meeting is held or a response is made, the appropriate commission may revise its initial or interim evaluation. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1776, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-106.3 as it existed prior to 2017. 13-5.5-110. Individual judicial improvement plans. (1) (a) If the state commission or a district commission recommends, pursuant to section 13-5.5-109 (1), that a justice or judge receive an individual judicial improvement plan, the commission shall communicate such recommendation to the chief justice or appropriate chief judge. The chief justice or chief judge shall then develop an improvement plan for such judge and shall send the improvement plan to the state commission for review. After the state commission reviews and approves the Colorado Revised Statutes 2019 Page 89 of 584 Uncertified Printout improvement plan, the chief justice or chief judge shall have the responsibility for implementing and overseeing the improvement plan. (b) Once the justice or judge has completed the improvement plan, the chief justice or chief judge shall convey the results of the improvement plan activities to the appropriate commission, which will then maintain a copy of the improvement plan and the statement of results in its files. (2) If a justice or judge is required to complete an improvement plan pursuant to this section, and he or she fails to satisfactorily complete the requirements of such improvement plan, the appropriate commission shall automatically issue a "does not meet performance standard" designation on his or her performance evaluation summary. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9. 13-5.5-111. Judicial performance evaluations - senior judges. (Repealed) Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9. L. 2019: Entire section repealed, (SB 19-187), ch. 374, p. 3398, § 5, effective May 30. 13-5.5-112. Recusal. (1) A commissioner shall disclose to his or her commission any professional or personal relationship with a justice or judge that may affect an unbiased evaluation of the justice or judge, including involvement with any litigation involving the justice or judge and the commissioner, the commissioner's family, or the commissioner's financial interests. A commission may require, upon a two-thirds vote of the other commissioners, the recusal of one of its commissioners because of a relationship with a justice or judge. (2) A justice or judge who is being evaluated by a state or district commission may not recuse himself or herself from a case solely on the basis that an attorney, party, or witness in the case is a commissioner on the evaluating commission. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-106.4 as it existed prior to 2017. 13-5.5-113. Confidentiality. (1) Except as provided in subsection (3) of this section, all self-evaluations, personal information protected under section 24-72-204 (3)(a)(II), additional oral or written information, content of any judicial improvement plans, and any matter discussed in executive session is confidential except as otherwise specifically provided by rule. All surveys must allow for the participant's name to remain confidential. Comments in surveys are confidential but may be summarized in aggregate for use in judicial performance evaluation narratives. A commissioner shall not publicly discuss the evaluation of a particular justice or judge. (2) Except as provided in subsection (3) of this section, all recommendations and narratives are confidential until released to the public on the first day following the deadline for justices and judges to declare their intent to stand for retention. Colorado Revised Statutes 2019 Page 90 of 584 Uncertified Printout (3) Information required to be kept confidential pursuant to this article 5.5 may be released only under the following circumstances: (a) To the supreme court attorney regulation committee, as provided by rule of the state commission; (b) To the commission on judicial discipline, as provided by rule of the state commission; or (c) With the consent of the justice or judge being evaluated. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-106.5 as it existed prior to 2017. 13-5.5-114. Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report. (1) The state commission shall gather and maintain statewide data and post a statistical report of the statewide data on its website no later than thirty days prior to each retention election. The report must specify, at a minimum: (a) The total number of justices and judges who were eligible to stand for retention and the number who declared their intent to stand for reelection; (b) The total number of judicial performance evaluations of justices and judges performed by the state and district commissions; (c) The total number of justices and judges who were evaluated but did not stand for retention; and (d) The total number of justices and judges who received a "meets performance standard" or "does not meet performance standard" recommendation, respectively. (2) Beginning in January 2019, and every two years thereafter, the state commission shall report on the activities of the commissioners to the joint judiciary committee of the general assembly as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective August 9. 13-5.5-115. State commission on judicial performance cash fund - acceptance of private or federal grants - general appropriations. The state commission is authorized to accept any grants of federal or private funds made available for any purpose consistent with the provisions of this article 5.5. Any money received pursuant to this section must be transmitted to the state treasurer, who shall credit the same to the state commission on judicial performance cash fund, which is hereby created. The fund also includes the amount of the increases in docket fees collected pursuant to sections 13-32-105 (1) and 42-4-1710 (4)(a). Any interest derived from the deposit and investment of money in the fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund. Money in the fund may be expended by the state commission, subject to annual appropriation by the general Colorado Revised Statutes 2019 Page 91 of 584 Uncertified Printout assembly, for the purposes of this article 5.5. In addition, the general assembly may make annual appropriations from the general fund for the purposes of this article 5.5. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1779, § 1, effective August 9. Editor's note: This section is similar to former § 13-5.5-107 as it existed prior to 2017. 13-5.5-116. Private right of action - definition. (1) Final actions of the state commission are subject to judicial review as provided for in this section. For purposes of this section, "final action" means a rule, guideline, or procedure adopted by the state commission pursuant to this article 5.5. A "final action" does not include a final recommendation regarding a justice or a judge that is made by the state commission or a district commission pursuant to section 13-5.5-108 or 13-5.5-109, an improvement plan developed pursuant to section 13-5.5110, surveys developed pursuant to section 13-5.5-105 (2)(d), or any aspect of an individual justice's or judge's individual judicial performance evaluation. (2) A person adversely affected or aggrieved by a final action of the state commission may commence an action for judicial review in the Denver district court within thirty-five days after such action becomes effective. Upon a finding by the court that irreparable injury would otherwise result, the reviewing court shall postpone the effective date of the state commission's action to preserve the rights of the parties, pending conclusion of the review proceedings. (3) If the court finds no error, it shall affirm the state commission's final action. If the court finds that the state commission's action is arbitrary or capricious; a denial of a statutory right; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, purposes, or limitations; not in accord with the procedures or procedural limitations set forth in this article 5.5 or as otherwise required by law; an abuse or clearly unwarranted exercise of discretion; based upon findings of fact that are clearly erroneous on the whole record; unsupported by substantial evidence when the record is considered as a whole; or otherwise contrary to law, then the court shall hold the action unlawful, set it aside, restrain enforcement, and afford such other relief as may be appropriate. In all cases under review, the court shall determine all questions of law, interpret the statutory and constitutional provisions involved, and apply the interpretation to the facts duly found or established. Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1779, § 1, effective August 9. ARTICLE 6 County Courts Cross references: For the power of the general assembly to provide simplified procedures in county courts for the trial of misdemeanors, see § 21 of art. VI, Colo. Const. PART 1 Colorado Revised Statutes 2019 Page 92 of 584 Uncertified Printout ESTABLISHMENT AND JURISDICTION 13-6-101. Establishment. Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established in each county of the state of Colorado a county court. Source: L. 64: p. 409, § 1. C.R.S. 1963: § 37-13-1. 13-6-102. Court of record. Each county court shall be a court of record, with such powers as are inherent in constitutionally created courts. Source: L. 64: p. 409, § 2. C.R.S. 1963: § 37-13-2. 13-6-103. Statewide jurisdiction. The jurisdiction of the county court shall extend to all cases which arise within the boundaries of this state or are subject to its judicial power and which are within the limitations imposed by this article, but the exercise of this jurisdiction is subject to restrictions of venue as established by this article or, if there are none, by rule of the Colorado supreme court. Source: L. 64: p. 409, § 3. C.R.S. 1963: § 37-13-3. L. 79: Entire section amended, p. 598, § 12, effective July 1. 13-6-104. Original civil jurisdiction. (1) On and after January 1, 2019, the county court shall have concurrent original jurisdiction with the district court in civil actions, suits, and proceedings in which the debt, damage, or value of the personal property claimed does not exceed twenty-five thousand dollars, including by way of further example, and not limitation, jurisdiction to hear and determine actions in tort and assess damages therein not to exceed twenty-five thousand dollars. The county court shall also have jurisdiction of counterclaims in all such actions when the counterclaim does not exceed twenty-five thousand dollars. (2) The county court shall have concurrent original jurisdiction with the district court in actions to foreclose liens pursuant to article 20 of title 38 and in cases of forcible entry, forcible detainer, or unlawful detainer, except when such cases involve the boundary or title to real property and except as provided in section 13-40-109. Judgment in the county court for rent, damages on account of unlawful detention, damages for injury to property, and damages incurred under article 20 of title 38 pursuant to this subsection (2) shall not exceed a total of twenty-five thousand dollars, exclusive of costs and attorney fees, nor shall the county court on and after January 1, 2019, have jurisdiction if the monthly rental value of the property exceeds twenty-five thousand dollars. (3) The county court shall have concurrent original jurisdiction with the district court in petitions for change of name. (4) Repealed. (5) The county court shall have concurrent original jurisdiction with the district court to issue temporary and permanent civil restraining orders as provided in article 14 of this title. (6) (Deleted by amendment, L. 99, p. 501, § 5, effective July 1, 1999.) Colorado Revised Statutes 2019 Page 93 of 584 Uncertified Printout (7) The county court shall have concurrent original jurisdiction with the district court to hear actions brought pursuant to section 25-8-607, C.R.S. (8) The county court shall have original jurisdiction in hearings concerning the impoundment of motor vehicles pursuant to section 42-13-106, C.R.S. (9) (Deleted by amendment, L. 99, p. 501, § 5, effective July 1, 1999.) Source: L. 64: p. 409, § 4. C.R.S. 1963: § 37-13-4. L. 67: p. 1063, § 2. L. 75: (2) amended, p. 1419, § 8, effective April 24; (1) and (2) amended, p. 561, § 1, effective October 1. L. 78: (5) added, p. 352, § 1, effective April 21. L. 79: (6) added, p. 599, § 13, effective July 1. L. 81: (1) and (2) amended, p. 879, § 1, effective July 1; (7) added, p. 1338, § 2, effective July 1. L. 82: (5) R&RE and (6) amended, p. 301, §§ 2, 3, effective April 23. L. 86: (8) added, p. 924, § 2, effective April 3. L. 87: (2) amended, p. 1576, § 13, effective July 10. L. 90: (1) and (2) amended, p. 848, § 2, effective May 31; (1) and (2) amended, p. 854, § 2, effective July 1. L. 92: (9) added, p. 292, § 2, effective April 23. L. 94: (4) repealed, p. 2031, § 6, effective July 1; (8) amended, p. 2548, § 29, effective January 1, 1995. L. 99: (5), (6), and (9) amended, p. 501, § 5, effective July 1. L. 2001: (1) and (2) amended, p. 1517, § 11, effective September 1. L. 2018: (1) and (2) amended, (SB 18-056), ch. 298, p. 1816, § 1, effective January 1, 2019. Editor's note: Section 5 of chapter 298 (SB 18-056), Session Laws of Colorado 2018, provides that the act changing this section applies to civil actions filed on or after January 1, 2019. Cross references: (1) For treatment by county court of restraining orders issued in restraint of persons threatening assaults and bodily harm, see C.R.C.P. 365(b); for civil protection orders, see article 14 of this title; for provisions relating to domestic abuse programs, see article 7.5 of title 26. (2) For the legislative declaration contained in the 1990 act amending subsections (1) and (2), see section 1 of chapter 100, Session Laws of Colorado 1990. 13-6-105. Specific limits on civil jurisdiction. (1) The county court has no civil jurisdiction except that specifically conferred upon it by law. In particular, it has no jurisdiction over the following matters: (a) Matters of probate; (b) Matters of mental health, including commitment, restoration to competence, and the appointment of conservators; (c) Matters of dissolution of marriage, declaration of invalidity of marriage, and legal separation; (d) Matters affecting children, including the allocation of parental responsibilities, support, guardianship, adoption, dependency, or delinquency; (e) Matters affecting boundaries or title to real property; (f) Original proceedings for the issuance of injunctions, except: (I) As provided in sections 13-6-104 (5) and 38-12-507 (1)(b); (II) As required to enforce restrictive covenants on residential property and to enforce section 6-1-702.5; and Colorado Revised Statutes 2019 Page 94 of 584 Uncertified Printout (III) As otherwise specifically authorized in this article 6 or, if there is no authorization, by rule of the Colorado supreme court. (2) Any powers or duties previously placed in the county court by law in connection with any of the matters excluded from the jurisdiction of the county court by this section are transferred to the district court or, if within their jurisdiction, to the probate court of the city and county of Denver or the juvenile court of the city and county of Denver, and the statutes relating thereto shall be so construed. (3) Nothing in this section shall be deemed to prevent the appointment of county judges as magistrates in juvenile matters or as magistrates in mental health and other matters. Appointments of county judges as magistrates in mental health and other matters are authorized, and, when so appointed by the district judge, the county judge shall serve as a district court officer for the designated purposes. Source: L. 64: p. 410, § 5. C.R.S. 1963: § 37-13-5. L. 78: (1)(f) amended, p. 353, § 2, effective April 21. L. 79: (1)(f) amended, p. 599, § 14, effective July 1; (3) amended, p. 963, § 12, effective July 1. L. 88: (1)(f) amended, p. 601, § 1, effective July 1. L. 91: (3) amended, p. 356, § 8, effective April 9. L. 98: (1)(d) amended, p. 1392, § 24, effective February 1, 1999. L. 2000: (1)(f) amended, p. 2034, § 2, effective August 2. L. 2008: (1)(f) amended, p. 596, § 4, effective August 5. L. 2019: IP(1) and (1)(f) amended, (HB 19-1170), ch. 229, p. 2305, § 1, effective August 2. Editor's note: Section 10 of chapter 229 (HB 19-1170), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019. 13-6-106. Original criminal jurisdiction. (1) The county court shall have concurrent original jurisdiction with the district court in the following criminal matters: (a) Criminal actions for the violation of state laws which constitute misdemeanors or petty offenses, except those actions involving children over which the juvenile court of the city and county of Denver or the district courts of the state, other than in Denver, have exclusive jurisdiction; (b) The issuance of warrants, the conduct of preliminary examinations, the conduct of dispositional hearings pursuant to section 16-5-301 (1), C.R.S., and section 18-1-404 (1), C.R.S., the issuance of bindover orders, and the admission to bail in felonies and misdemeanors. (2) The provisions of subsection (1)(b) of this section shall not apply to any child under the age of eighteen years alleged to have committed a felony, except a crime of violence punishable by death or life imprisonment where the accused is sixteen years of age or older. Source: L. 64: p. 411, § 6. C.R.S. 1963: § 37-13-6. L. 67: p. 1051, § 6. L. 79: (1)(a) amended, p. 599, § 15, effective July 1. L. 98: (1)(b) amended, p. 1274, § 4, July 1. 13-6-107. Restraining orders to prevent emotional abuse of the elderly. (Repealed) Source: L. 92: Entire section added, p. 290, § 1, effective April 23. L. 94: (5), (9), (10), and (11) amended and (13) added, p. 2005, § 1, effective January 1, 1995. L. 98: (1) and (5) Colorado Revised Statutes 2019 Page 95 of 584 Uncertified Printout amended, p. 244, § 2, effective April 13. L. 99: Entire section repealed, p. 501, § 6, effective July 1. PART 2 JUDGES AND OTHER PERSONNEL 13-6-201. Classification of counties. (1) For such organizational and administrative purposes concerning county courts as are specified in this part 2, counties shall be classified as provided in subsection (2) of this section. The classifications established in this section shall not have any effect upon any classifications now provided by law for any other purpose and specifically shall have no effect upon the existing classification of counties for the purpose of fixing judicial salaries for county judges as provided by section 13-30-103. (2) Classes of counties for this part 2 are: (a) Class A. Class A shall consist of the city and county of Denver. (b) Class B. Class B shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, Eagle, El Paso, Fremont, Jefferson, La Plata, Larimer, Mesa, Montrose, Pueblo, Summit, Weld, and the city and county of Broomfield. (c) Class C. Class C shall consist of the counties of Alamosa, Delta, Garfield, Las Animas, Logan, Montezuma, Morgan, Otero, Prowers, and Rio Grande. (d) Class D. Class D shall consist of the counties of Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Dolores, Elbert, Gilpin, Grand, Gunnison, Jackson, Hinsdale, Huerfano, Kiowa, Kit Carson, Lake, Lincoln, Mineral, Moffat, Ouray, Park, Phillips, Pitkin, Saguache, San Juan, San Miguel, Sedgwick, Rio Blanco, Routt, Teller, Washington, and Yuma. Source: L. 64: p. 411, § 7. C.R.S. 1963: § 37-14-1. L. 72: p. 591, § 59. L. 75: (2)(b) and (2)(d) amended, p. 563, § 1, effective July 1. L. 77: (2)(b) R&RE and (2)(c) amended, p. 783, §§ 1, 2, effective July 1, 1978. L. 81: (1) amended, p. 2025, § 15, effective July 14. L. 92: (2)(b) and (2)(d) amended, p. 274, § 1, effective February 12. L. 93: (2)(b) and (2)(d) amended, p. 1774, § 31, effective June 6. L. 97: (2)(b) and (2)(d) amended, p. 984, § 1, effective July 1, 1998. L. 2001: (2)(b) amended, p. 56, § 1, effective July 1. L. 2007: (1), (2)(b), and (2)(c) amended, p. 363, § 1, effective April 2. L. 2009: (2)(b) and (2)(c) amended, (HB 09-1037), ch. 18, p. 95, § 1, effective March 18. 13-6-202. Number of judges. (1) In each county there shall be one county judge; except that: In the county of El Paso, there shall be eight county judges; in each of the counties of Arapahoe and Jefferson, there shall be seven county judges; in the county of Adams, there shall be six county judges; in the county of Boulder, there shall be five county judges; in each of the counties of Larimer and Weld, there shall be four county judges; in each of the counties of Pueblo, Douglas, and Mesa, there shall be three county judges; and, in the city and county of Denver, there shall be the number of county judges provided by the charter and ordinances thereof. In the city and county of Broomfield, there shall be one county judge. One of the county judges in Boulder county shall maintain a courtroom in the city of Longmont at least three days per week. The judge of the Eagle county court shall conduct court business in that portion of Colorado Revised Statutes 2019 Page 96 of 584 Uncertified Printout Eagle county lying in the Roaring Fork river drainage area in a manner sufficient to deal with the business before the court. (2) (a) Subject to available appropriations, effective July 1, 2008, the number of county judges in the county of Jefferson shall be eight. (b) Subject to available appropriations, effective July 1, 2009, the number of county judges in the county of Jefferson shall be nine. (3) (a) Subject to available appropriations, effective July 1, 2008, the number of county judges in the county of El Paso shall be nine. (b) Subject to available appropriations, effective July 1, 2009, the number of county judges in the county of El Paso shall be ten. (4) Subject to available appropriations, effective July 1, 2008, the number of county judges in the county of Larimer shall be five. (5) (a) Subject to available appropriations, effective July 1, 2008, the number of county judges in the county of Adams shall be seven. (b) Subject to available appropriations, effective July 1, 2009, the number of county judges in the county of Adams shall be eight. (6) Subject to available appropriations, effective July 1, 2008, the number of county judges in the county of Arapahoe shall be eight. Source: L. 64: p. 412, § 8. L. 65: p. 476, §§ 1, 2. C.R.S. 1963: § 37-14-2. L. 67: p. 485, § 1. L. 68: p. 38, § 1. L. 72: pp. 189, 592, §§ 1, 60. L. 73: p. 495, § 1. L. 75: Entire section amended, p. 565, § 2, effective October 1. L. 77: Entire section amended, p. 785, § 1, effective July 1. L. 80: Entire section amended, p. 509, § 1, effective July 1. L. 84: Entire section amended, p. 454, § 4, effective September 1. L. 89: Entire section amended, p. 749, § 1, effective April 1, 1990. L. 92: Entire section amended, p. 275, § 2, effective February 12. L. 95: Entire section amended, p. 452, § 1, effective May 16. L. 99: Entire section amended, p. 668, § 1, effective May 18. L. 2001: Entire section amended, p. 56, § 2, effective July 1. L. 2006: Entire section amended, p. 22, § 2, effective July 1. L. 2007: Entire section amended, p. 1529, § 16, effective May 31. 13-6-203. Qualifications of judges. (1) The county judge shall be a qualified elector of the county for which he is elected or appointed and shall reside there so long as he serves as county judge. (2) In counties of Class A and B, no person shall be eligible for election or appointment to the office of county judge unless he has been admitted to the practice of law in Colorado. (3) In counties of Class C and Class D, a person is not eligible for appointment to the office of county judge unless he or she has graduated from high school or has successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S. (4) Repealed. (5) Judges-elect who have not been admitted to the practice of law shall not take office for the first time as county judge until they have attended an institute on the duties and functioning of the county court to be held under the supervision of the supreme court, unless such attendance is waived by the supreme court. Judges who are attorneys and who are taking office for the first time as county judge may attend this institute if they wish. All judges are entitled to their actual and necessary expenses while attending this institute. The supreme court Colorado Revised Statutes 2019 Page 97 of 584 Uncertified Printout shall establish the institute to which this subsection (5) refers and shall provide that it be held when the appointment of a sufficient number of nonlawyer county judges warrants, as determined by the chief justice. Source: L. 64: p. 412, § 9. C.R.S. 1963: § 37-14-3. L. 67: p. 457, § 9. L. 69: p. 250, § 10. L. 72: p. 592, § 61. L. 73: p. 1402, § 30. L. 79: (3) amended and (4) repealed, pp. 599, 602, §§ 16, 30, effective July 1. L. 2014: (3) amended, (SB 14-058), ch. 102, p. 377, § 2, effective April 7. 13-6-204. Activities of judges. (1) In counties of Class A and B, county judges shall devote their full time to judicial duties and shall not engage in the private practice of law. They may also serve as municipal judges in counties of Class A but may not do so in counties of Class B. (2) In counties of Class C and D, county judges, if admitted to the bar, may engage in the private practice of law in courts other than the county court and in matters which have not and will not come before the county court and may serve as municipal judges. (3) County judges of any class county may be appointed as magistrates in juvenile matters and as magistrates for the district court in mental health matters and shall receive no additional compensation for such service. County judges may accept appointment as magistrates in any other matter, and for such service a county judge is entitled to such compensation as the appointing district judge may allow, payable from funds provided under sections 13-3-104 and 13-3-106. Source: L. 64: p. 413, § 10. C.R.S. 1963: § 37-14-4. L. 79: (3) amended, p. 764, § 13, effective July 1. L. 91: (3) amended, p. 356, § 9, effective April 9. 13-6-205. Term and appointment of judges. The term of office of county judges shall be four years. County judge appointments shall be made pursuant to section 20 of article VI of the state constitution. This section shall not apply to the city and county of Denver, and the term of office and manner of selection of county judges therein shall be determined by the charter and ordinances thereof. Source: L. 64: p. 413, § 11. C.R.S. 1963: § 37-14-5. L. 72: p. 592, § 62. 13-6-206. Vacancies. (1) If the office of a county judge, except in the city and county of Denver, becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the governor, as provided in section 20 of article VI of the state constitution, shall appoint an individual possessing the qualifications specified in section 13-6-203. (2) If the office of a county judge becomes vacant, the general assembly encourages the judicial district nominating commission in certifying the names of the nominees to the governor to give preference to persons who: (a) Reside within the county in which the vacancy occurs; and (b) Have been admitted to practice law in the state. Colorado Revised Statutes 2019 Page 98 of 584 Uncertified Printout Source: L. 64: p. 413, § 12. C.R.S. 1963: § 37-14-6. L. 67: p. 457, § 10. L. 2016: Entire section amended, (SB 16-153), ch. 194, p. 684, § 1, effective August 10. 13-6-207. Bond. (Repealed) Source: L. 64: p. 413, § 13. C.R.S. 1963: § 37-14-7. L. 69: p. 250, § 11. L. 79: Entire section repealed, p. 602, § 30, effective July 1. 13-6-208. Special associate, associate, and assistant county judges. (1) In order to provide for the expeditious handling of county court business and for county court sessions in population centers which are not county seats, there may be created in counties designated by law the positions of special associate county judge, associate county judge, and assistant county judge. (2) Special associate, associate, and assistant county judges, when so provided by law, except in the city and county of Denver, shall be elected or appointed at the same time, in the same manner, and for the same term, and shall possess the same qualifications, as the county judges of their respective counties. Vacancies in positions for special associate, associate, and assistant county judges shall be filled in the same manner as a vacancy in the office of county judge. (3) The location of the official residence and court chambers for the purpose of holding court of special associate, associate, and assistant county judges shall be as prescribed by law. Travel and maintenance expenses shall be allowed special associate, associate, and assistant county judges only when they are performing official duties outside of their official places of residence. (4) Special associate, associate, and assistant county judges when actually performing judicial duties shall have all the jurisdiction and power of a county judge, and their orders and judgments shall be those of the county court. (5) Repealed. (6) Special associate, associate, and assistant county judges in counties of Classes B, C, and D, if admitted to the bar, may engage in the private practice of law in courts other than the county court and in matters which have not and will not come before the county court, and may serve as municipal judges. Source: L. 64: p. 414, § 14. C.R.S. 1963: § 37-14-8. L. 67: p. 457, § 11. L. 71: p. 370, § 1. L. 80: (5) repealed, p. 578, § 8, effective July 1. 13-6-209. Special associate and associate county judges - designated counties. (1) In the county of Montrose there shall be an associate county judge who shall maintain his or her official residence in Montrose county and court chambers in that portion of Montrose county that is included in the southwestern water conservation district as set forth and described in section 37-47-103, C.R.S. (2) In the county of Garfield there shall be a special associate county judge who shall maintain his official residence and court chambers in the city of Rifle. (3) In the county of Rio Blanco there shall be an associate county judge who shall maintain his official residence and court chambers in the city of Rangely. Colorado Revised Statutes 2019 Page 99 of 584 Uncertified Printout (4) Repealed. Source: L. 64: p. 414, § 15. C.R.S. 1963: § 37-14-9. L. 67: p. 485, § 2. L. 71: p. 371, § 2. L. 75: (4) repealed, p. 564, § 3, effective January 1, 1979. L. 2012: (1) amended, (HB 121323), ch. 105, p. 358, § 1, effective April 13. 13-6-210. Assistant county judges - designated counties. (Repealed) Source: L. 64: p. 415, § 16. L. 65: p. 477, §§ 1, 2. C.R.S. 1963: § 37-14-10. L. 67: p. 304, § 1. L. 69: p. 263, § 1. L. 72: p. 592, § 63. L. 77: (1) repealed, p. 785, § 2, effective July 1. L. 79: (3) amended, p. 607, § 1, effective May 18. L. 90: (2) repealed, p. 861, § 1, effective March 22. L. 92: (3) repealed, p. 275, § 3, effective February 12. 13-6-211. Appointment of clerk. (1) (a) The position of clerk of the county court is established in counties of Classes A, B, C, and D, except as otherwise provided in this section and in section 13-3-107. (b) In counties of Class A, the appointment of the clerk shall be made and his salary fixed as prescribed in the charter and ordinances of such county. (c) In counties of Classes B, C, and D, the appointment and salary of the clerk shall be in accordance with the provisions of section 13-3-105. (2) In such counties as may be determined by the chief justice, the functions of the office of the clerk of the county court may be performed by a consolidated office serving both the district and county courts, as provided in section 13-3-107. (3) In any county in which there is no clerk of the county court provided pursuant to the provisions of section 13-3-105, the judge of the county court shall act as ex officio clerk without further compensation and have all the duties and powers of the clerk. Source: L. 64: p. 416, § 20. C.R.S. 1963: § 37-14-14. L. 69: p. 251, § 14. L. 79: (2) amended, p. 599, § 17, effective July 1. 13-6-212. Duties of clerk. (1) The powers and duties of the clerk of the county court shall be similar to the powers and duties of the clerk of the district court exclusive of the powers of the district court clerk in probate and shall include such duties as may be assigned to him by law, by court rules, and by the county judge. (2) Upon approval by the chief justice of the supreme court, the chief judge of a judicial district may authorize, either generally or in specific cases, the clerk of the county court to do the following: (a) Issue bench warrants, misdemeanor or felony warrants, and writs of restitution upon written or oral order of a judge; (b) Advise defendants in criminal cases of their procedural and constitutional rights; (c) Accept pleas of not guilty in all criminal cases and set dates for hearings or trials in such cases; (d) Subject to the requirements of the Colorado rules of civil procedure, enter default and default judgments and issue process for the enforcement of said judgments; Colorado Revised Statutes 2019 Page 100 of 584 Uncertified Printout (e) Under the direction of a judge, grant continuances, set motions for hearing, and set cases for trial; and (f) With the consent of the defendant, accept pleas of guilty and admissions of liability and impose penalties pursuant to a schedule approved by the presiding judge in misdemeanor cases involving violations of wildlife and parks and outdoor recreation laws for which the maximum penalty in each case is a fine of not more than one thousand dollars, and in misdemeanor traffic and traffic infraction cases involving the regulation of vehicles and traffic for which the penalty specified in section 42-4-1701, C.R.S., or elsewhere in articles 2 to 4 of title 42, C.R.S., in each case is less than three hundred dollars. A clerk shall not levy a fine of over said amounts nor sentence any person to jail. If, in the judgment of the clerk, a fine of over said amounts or a jail sentence is justified, the case shall be certified to the judge of the county court for rearraignment and trial de novo. Source: L. 64: p. 417, § 21. C.R.S. 1963: § 37-14-15. L. 79: Entire section amended, p. 608, § 1, effective April 25. L. 83: (2)(f) amended, p. 602, § 1, effective July 1. L. 84: (2)(f) amended, p. 921, § 7, effective January 1, 1985. L. 94: (2)(f) amended, p. 2549, § 30, effective January 1, 1995. Cross references: For court clerk's duties, see article 1 of this title and § 13-5-125; for law enforcement and penalties relating to wildlife and parks and outdoor recreation, see articles 6 and 15 of title 33. 13-6-213. Bond of clerk. (Repealed) Source: L. 64: p. 417, § 22. C.R.S. 1963: § 37-14-16. L. 69: p. 251, § 15. L. 79: Entire section repealed, p. 602, § 30, effective July 1. 13-6-214. Other employees. (1) In counties of Class A, such deputy clerks, assistants, reporters, stenographers, and bailiffs as shall be necessary for the transaction of the business of the county court may be appointed and their compensation fixed in the manner provided in the charter and ordinances thereof. (2) In counties of Classes B, C, and D, there shall be appointed such deputy clerks, assistants, reporters, stenographers, and bailiffs as are necessary, in accordance with the provisions of section 13-3-105. Source: L. 64: p. 417, § 23. C.R.S. 1963: § 37-14-17. L. 69: p. 252, § 16. 13-6-215. Presiding judges. In each county court which has more than one county judge, the court, by rule, shall provide for the designation of a presiding judge. If there is a failure to select a presiding judge by rule, the chief justice shall designate a presiding judge. Source: L. 64: p. 418, § 24. C.R.S. 1963: § 37-14-18. L. 79: Entire section amended, p. 599, § 18, effective July 1. Colorado Revised Statutes 2019 Page 101 of 584 Uncertified Printout 13-6-216. Judges to sit separately. In each county court which has more than one county judge, each judge shall sit separately for the trial of cases and the transaction of judicial business, and each court so held shall be known as the county court of the county wherein held. Each judge shall have all of the powers which he might have if he were the sole judge of the court, including the power to vacate his own judgments, decrees, or orders, or those of a predecessor when permitted by law, but not county court orders of another judge of the same county court who is still in office. Source: L. 64: p. 418, § 25. C.R.S. 1963: § 37-14-19. 13-6-217. Judges may sit en banc. In each county court which has more than one judge, the court may sit en banc for the purpose of making rules of court, the appointment of a clerk and other employees, pursuant to section 13-3-105, and the conduct of other business relating to the administration of the court, as authorized by and subject to the approval of the chief justice of the supreme court. Source: L. 64: p. 418, § 26. C.R.S. 1963: § 37-14-20. L. 67: p. 458, § 14. L. 69: p. 252, § 17. 13-6-218. Assignment of county judges and retired county judges to other courts authorized. Any county judge or retired county judge who has been licensed to practice law in this state for five years may be assigned by the chief justice of the supreme court, pursuant to section 5 (3) of article VI of the state constitution, to perform judicial duties in any district court, the probate court of the city and county of Denver, or the juvenile court of the city and county of Denver. Source: L. 67: p. 458, § 15. C.R.S. 1963: § 37-14-21. L. 85: Entire section amended, p. 570, § 4, effective November 14, 1986. 13-6-219. Judge as party to a case - recusal of judge upon motion. (1) If a judge or former judge of a county court is a party in his or her individual and private capacity in a case that is to be tried within any county court in the same judicial district in which the judge or former judge is or was a judge of a county court, any party to the case may file a timely motion requesting that the judge who is appointed to preside over the case recuse himself or herself from the case. (2) If a county court receives a motion filed by a party pursuant to subsection (1) of this section, the judge who is appointed to preside over the case shall recuse himself or herself if he or she is a judge of a county court in the same judicial district in which the judge or former judge who is a party to the case in his or her individual and private capacity is or was a judge of a county court. (3) If a judge recuses himself or herself pursuant to subsection (2) of this section, the chief justice of the Colorado supreme court or his or her designee shall appoint a judge from outside the judicial district to preside over the case. Source: L. 2008: Entire section added, p. 436, § 2, effective August 5. Colorado Revised Statutes 2019 Page 102 of 584 Uncertified Printout PART 3 GENERAL PROCEDURAL PROVISIONS 13-6-301. Court rules. Each county court possesses the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state, but are supplementary thereto. In each county court which has more than one judge, or has an associate judge sitting regularly, the court shall make such rules as it deems necessary for the classification, arrangement, and distribution of the business of the court among the several judges thereof. All county court rules are subject to review by the supreme court. Source: L. 64: p. 418, § 27. C.R.S. 1963: § 37-15-1. 13-6-302. Terms of court. Terms of the county court shall be fixed by rule of the court in each county; except that at least one term shall be held in each county in each year. Source: L. 64: p. 419, § 28. C.R.S. 1963: § 37-15-2. 13-6-303. Place of holding court. In each county, the county court shall sit at the county seat, and the county court by rule or order also may provide for hearing and trials to be held in locations other than the county seat. In particular, if the corporate limits of a municipality extend into two counties, the county court of either county, for the hearing of matters for which venue is properly laid before them or the requirements thereof are waived, may sit at any place within such municipality without regard to the location of the county line. Where the county court sits regularly at locations other than the county seat, proper venue within the county shall be fixed by court rule. Source: L. 64: p. 419, § 29. C.R.S. 1963: § 37-15-3. 13-6-304. Court facilities. The county commissioners shall provide court facilities at the county seat and are authorized to do so elsewhere. Such facilities may be provided by arrangement with municipal authorities, by rental, or by other appropriate means. Source: L. 64: p. 419, § 30. C.R.S. 1963: § 37-15-4. 13-6-305. Maintenance of records. (1) Permanent records of the county court shall be maintained at the office of the clerk of the court at the county seat. (2) (a) If the county court sits regularly at a location other than the county seat, and the court so provides by rule, cases may be docketed at such locations, and thereafter all pleadings, writs, judgments, and other documents in the case shall be filed at such other location. (b) Repealed. (c) In criminal cases, a single copy of items filed is sufficient. A notice of docketing of criminal cases with sufficient information to identify the defendant and the offense charged shall Colorado Revised Statutes 2019 Page 103 of 584 Uncertified Printout be forwarded forthwith to the clerk of the court at the county seat. After termination of the case, all records on file and a transcript of the judgment shall be forwarded to the county seat. Source: L. 64: p. 419, § 31. C.R.S. 1963: § 37-15-5. L. 79: (2)(b) repealed, p. 602, § 30, effective July 1. 13-6-306. Seal. The county court of each county shall have an appropriate seal. Source: L. 64: p. 420, § 32. C.R.S. 1963: § 37-15-6. 13-6-307. Process. (1) Each county court shall have the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by the Colorado rules of civil procedure, may be served outside the state. Any sheriff to whom process is directed is authorized and required to execute the same, and he is entitled to the same fees as are allowed for serving like process from the district courts. Persons other than the sheriff or his deputies may also serve process from the county court when permitted by the Colorado rules of civil procedure or by law. (2) Upon request of the court, the prosecuting county, or the defendant, the clerk of the county court shall issue a subpoena for the appearance, at any and all stages of the court's proceedings, of the parent, guardian, or lawful custodian of any child under eighteen years of age who is charged with the violation of a county ordinance. Whenever a person who is issued a subpoena pursuant to this subsection (2) fails, without good cause, to appear, the court may issue an order for the person to show cause to the court as to why the person should not be held in contempt. Following a show cause hearing, the court may make findings of fact and conclusions of law and may enter an appropriate order, which may include finding the person in contempt. Source: L. 64: p. 420, § 33. C.R.S. 1963: § 37-15-7. L. 94: Entire section amended, p. 908, § 1, effective April 28. Cross references: For persons authorized to serve process, see C.R.C.P. 4(d); for personal and other service of process outside the state, see C.R.C.P. 4(e) and (g). 13-6-308. Juries. (1) When required, juries shall be selected and summoned as provided for courts of record in articles 71 to 74 of this title, with such exceptions as are provided in this section. With the consent of the district court and the jury commissioners, the county court may, if feasible, use the same panel of jurors summoned for the district court. Jurors selected and summoned for the county court may also be used in municipal court in counties of Class A, as defined in section 13-6-201. (2) If a county court sits regularly in a location other than the county seat and if jury trials are held at that location as well as at the county seat, the jury commissioner may establish jury districts within the county for the selection of county court jurors. The county shall be divided into as many such districts as there are locations in which the county court regularly holds jury trials, and each district shall include one such location as well as appropriate contiguous territory. In counties so divided, the jury commissioner shall select separate lists of Colorado Revised Statutes 2019 Page 104 of 584 Uncertified Printout persons from each jury district to serve as county court jurors within their respective districts. Such lists shall contain not less than one hundred names. When jurors are to be summoned for county court service within such districts, names shall be drawn from the list by the jury commissioner. In all other respects, the provisions of articles 71 to 74 of this title shall be followed in selecting, drawing, and summoning jurors in counties divided into county court jury districts. Source: L. 64: p. 420, § 34. C.R.S. 1963: § 37-15-8. L. 71: p. 875, § 2. L. 81: (2) amended, p. 881, § 1, effective April 24. L. 2001: Entire section amended, p. 1269, § 15, effective June 5. 13-6-309. Verbatim record of proceedings. A verbatim record of the proceedings and evidence at trials in the county court shall be maintained by electronic devices or by stenographic means, as the judge of the court may direct, except when such record may be unnecessary in certain proceedings pursuant to specific provisions of law. Source: L. 64: p. 421, § 35. C.R.S. 1963: § 37-15-9. L. 79: Entire section amended, p. 600, § 19, effective July 1. 13-6-309.5. Traffic violations bureau - schedule of traffic offenses and fines or penalties - method of payment - effect of payment. (Repealed) Source: L. 77: Entire section added, p. 787, § 1, effective January 10, 1978. L. 91: Entire section repealed, p. 1404, § 2, effective July 1. 13-6-310. Appeals from county court. (1) Appeals from final judgments and decrees of the county courts shall be taken to the district court for the judicial district in which the county court entering such judgment is located. Appeals shall be based upon the record made in the county court. (2) The district court shall review the case on the record on appeal and affirm, reverse, remand, or modify the judgment; except that the district court, in its discretion, may remand the case for a new trial with such instructions as it may deem necessary, or it may direct that the case be tried de novo before the district court. (3) Repealed. (4) Further appeal to the supreme court from a determination of the district court in a matter appealed to such court from the county court may be made only upon writ of certiorari issued in the discretion of the supreme court and pursuant to such rules as that court may promulgate. Source: L. 64: p. 421, § 36. C.R.S. 1963: § 37-15-10. L. 85: (3) repealed and (4) amended, pp. 572, 570, §§ 12, 5, effective November 14, 1986. Cross references: For review on certiorari from a county court as authorized by this section, see C.A.R. 49. Colorado Revised Statutes 2019 Page 105 of 584 Uncertified Printout 13-6-311. Appeals from county court - simplified procedure. (1) (a) If either party in a civil action believes that the judgment of the county court is in error, he or she may appeal to the district court by filing notice of appeal in the county court within fourteen days after the date of entry of judgment and by filing within the said fourteen days an appeal bond with the clerk of the county court. The bond shall be furnished by a corporate surety authorized and licensed to do business in this state as surety, or one or more sufficient private sureties, or may be a cash deposit by the appellant and, if the appeal is taken by the plaintiff, shall be conditioned to pay the costs of the appeal and the counterclaim, if any, and, if the appeal is taken by the defendant, shall be conditioned to pay the costs and judgment if the appealing party fails. The bond shall be approved by the judge or the clerk. (b) Upon filing of the notice of appeal, the posting and approval of the bond, and the deposit by the appellant of an estimated fee in advance for preparing the record, the county court shall discontinue all further proceedings and recall any execution issued. The appellant shall then docket his or her appeal in the district court. A motion for new trial is not required as a condition of appeal. If a motion for new trial is made within fourteen days, the time for appeal shall be extended until fourteen days after disposition of the motion, but only matters raised on the motion for new trial shall be considered on an appeal thereafter. (2) (a) Upon the deposit of the estimated record fee, the clerk of the court shall prepare and issue as soon as possible a record of the proceedings in the county court, including the summons, the complaint, proof of service, and the judgment. The record shall also include a transcription of such part of the actual evidence and other proceedings as the parties may designate or, in lieu of transcription, to which they may stipulate. If a stenographic record has been maintained or the parties agree to stipulate, the party appealing shall lodge with the clerk of the court the reporter's transcript of the designated evidence or proceedings or a stipulation covering such items within forty-two days after the filing of the notice of appeal. If the proceedings have been recorded electronically, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the county court, either by him or her or under his or her supervision, within forty-two days after the filing of the notice of appeal. (b) The clerk shall notify, in writing, the opposing parties of the completion of the record, and the parties have fourteen days within which to file objections. If none are received, the record shall be certified forthwith by the clerk. If objections are made, the parties shall be called for hearing and the objections settled by the county judge as soon as possible and the record then certified. (3) When the record has been duly certified and any additional fees therefor paid, it shall be filed with the clerk of the district court by the clerk of the county court, and the opposing parties shall be notified of such filing by the clerk of the county court. (4) A written brief setting out matters relied upon as constituting error and outlining any arguments to be made shall be filed in the district court by the appellant within twenty-one days after filing of the record therein. A copy of the brief shall be served on the appellee. The appellee may file an answering brief within twenty-one days after such service. In the discretion of the district court, time for filing of briefs and answers may be extended. (5) Unless there is further review by the supreme court upon writ of certiorari and pursuant to the rules of that court, after final disposition of the appeal by the district court, the judgment on appeal therein shall be certified to the county court for action as directed by the district court, except upon trials de novo held in the district court or in cases in which the Colorado Revised Statutes 2019 Page 106 of 584 Uncertified Printout judgment is modified, in which cases the judgment shall be that of the district court and enforced therefrom. (6) Repealed. Source: L. 64: p. 428, § 54. C.R.S. 1963: § 37-16-18. L. 80: (1) and (2)(b) amended, p. 511, § 1, effective April 6. L. 85: (6) repealed, p. 572, § 12, effective November 14, 1986. L. 2012: (1), (2), and (4) amended, (SB 12-175), ch. 208, p. 822, § 3, effective July 1. L. 2013: (1) and (2)(b) amended, (HB 13-1126), ch. 58, p. 192, § 3, effective July 1; (2) amended, (HB 131086), ch. 32, p. 77, § 1, effective July 1. Editor's note: Amendments to subsection (2)(b) by House Bill 13-1086 and House Bill 13-1126 were harmonized. PART 4 COUNTY COURT - SMALL CLAIMS DIVISION Law reviews: For article, "Changes to the Statutes and Rules Governing Procedures in Colorado Small Claims Courts", see 31 Colo. Law. 29 (Feb. 2002). 13-6-401. Legislative declaration. The general assembly hereby finds and declares that individuals, partnerships, corporations, and associations frequently do not pursue meritorious small civil claims because of the disproportion between the expense and time of counsel and litigation and the amount of money or property involved; that the law and procedures of civil litigation are technical and frequently unknown to persons who are representing themselves; that procedures for the inexpensive, speedy, and informal resolution of small claims in a forum where the rules of substantive law apply, but the rules of procedure and pleading and the technical rules of evidence do not apply, are desirable; that such procedures should be conducted at times convenient to the persons using them, including evening and Saturday sessions; that the personnel implementing and conducting such procedures should be trained and equipped to assist anyone with a small claim in a friendly, efficient, and courteous manner; and that, therefore, the establishment of a small claims division of the county court as provided in this part 4 is in the public interest. Source: L. 76: Entire part added, p. 517, § 1, effective October 1. L. 77: Entire section amended, p. 789, § 1, effective June 19. L. 2001: Entire section amended, p. 1512, § 1, effective September 1. 13-6-402. Establishment of small claims division. There is hereby established in each county court a division designated as the small claims court. Source: L. 76: Entire part added, p. 517, § 1, effective October 1. 13-6-403. Jurisdiction of small claims court - limitations. (1) On and after January 1, 1996, the small claims court shall have concurrent original jurisdiction with the county and Colorado Revised Statutes 2019 Page 107 of 584 Uncertified Printout district courts in all civil actions in which the debt, damage, or value of the personal property claimed by either the plaintiff or the defendant, exclusive of interest and cost, does not exceed seven thousand five hundred dollars, including such civil penalties as may be provided by law. By way of further example, and not limitation, the small claims court shall have jurisdiction to hear and determine actions in tort and assess damages therein not to exceed seven thousand five hundred dollars. The small claims court division shall also have concurrent original jurisdiction with the county and district courts in actions where a party seeks to enforce a restrictive covenant on residential property and the amount required to comply with the covenant does not exceed seven thousand five hundred dollars, exclusive of interest and costs, in actions where a party seeks replevin if the value of the property sought does not exceed seven thousand five hundred dollars, and in actions where a party seeks to enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract and the amount at issue does not exceed seven thousand five hundred dollars. (2) The small claims court shall have no jurisdiction except that specifically conferred upon it by law. In particular, it shall have no jurisdiction over the following matters: (a) Those matters excluded from county court jurisdiction under section 13-6-105 (1); (b) Actions involving claims of defamation by libel or slander; (c) Actions of forcible entry, forcible detainer, or unlawful detainer; (d) and (e) (Deleted by amendment, L. 2001, p. 1512, § 2, effective September 1, 2001.) (f) Actions brought or defended on behalf of a class; (g) Actions requesting or involving prejudgment remedies; (h) Actions involving injunctive relief, except as required to: (I) Enforce restrictive covenants on residential property; (II) Enforce the provisions of section 6-1-702.5, C.R.S.; (III) Accomplish replevin; and (IV) Enter judgments in actions where a party seeks to enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract; (i) Traffic violations and other criminal matters; (j) Awards of body executions. Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 81: (1) amended, p. 879, § 2, effective July 1. L. 87: (1) amended, p. 544, § 1, effective July 1. L. 88: (1), (2)(e), and (2)(h) amended, p. 601, § 2, effective July 1. L. 90: (1) amended, p. 849, § 4, effective May 31; (1) amended, p. 855, § 4, effective July 1. L. 95: (1) amended, p. 728, § 1, effective January 1, 1996. L. 2000: (2)(h) amended, p. 2034, § 3, effective August 2. L. 2001: Entire section amended, p. 1512, § 2, effective September 1. L. 2008: (2)(h)(II) amended, p. 596, § 5, effective August 5. Cross references: For the legislative declaration contained in the 1990 act amending subsection (1), see section 1 of chapter 100, Session Laws of Colorado 1990. 13-6-404. Clerk of the small claims court. The clerk of the county court or a deputy designated by said clerk shall act as the clerk of the small claims court. The clerk of the small claims court shall provide such assistance as may be requested by any person regarding the Colorado Revised Statutes 2019 Page 108 of 584 Uncertified Printout jurisdiction, operations, and procedures of the small claims court; however, the clerk shall not engage in the practice of law. All necessary forms shall be available from the clerk. Source: L. 76: Entire part added, p. 518, § 1, effective October 1. 13-6-405. Magistrate in small claims court. (1) In the following circumstances, a magistrate may hear and decide claims in a small claims court: (a) In Class A counties, as defined in section 13-6-201, magistrates for small claims may be appointed by the presiding judge. (b) In Class B counties, as defined in section 13-6-201, magistrates for small claims may be appointed, pursuant to section 13-3-105, if approved by the chief justice. (2) A magistrate shall be a qualified attorney-at-law admitted to practice in the state of Colorado or a nonattorney if the nonattorney is serving as a county judge pursuant to section 136-203. (3) While acting as a magistrate for small claims, a magistrate shall have the same powers as a judge. (3.5) A magistrate shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S. (4) If any party files a timely written objection, pursuant to rule of the supreme court, with the magistrate conducting the hearing, that party's case shall be rereferred to a judge. Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 84: (2) amended, p. 459, § 1, effective April 5. L. 89: (3.5) added, p. 782, § 4, effective April 4. L. 91: Entire section amended, p. 356, § 10, effective April 9. L. 2001: (2) and (4) amended, p. 1513, § 3, effective September 1. Cross references: For magistrates in county courts, see part 5 of this article; for magistrates in district courts, see § 13-5-201. 13-6-406. Schedule of hearings. The small claims court shall conduct hearings at such times as the judge or magistrate may determine or as the supreme court may order. Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 91: Entire section amended, p. 356, § 11, effective April 9. 13-6-407. Parties - representation. (1) Any natural person, corporation, partnership, association, or other organization may commence or defend an action in the small claims court, but no assignee or other person not a real party to the transaction which is the subject of the action may commence an action therein, except as a court-appointed personal representative, conservator, or guardian of the real party in interest. (2) (a) (I) Notwithstanding the provisions of article 93 of this title 13, in the small claims court, an individual shall represent himself or herself; a partnership shall be represented by an active general partner or an authorized full-time employee; a union shall be represented by an authorized active union member or full-time employee; a for-profit corporation shall be represented by one of its full-time officers or full-time employees; an association shall be Colorado Revised Statutes 2019 Page 109 of 584 Uncertified Printout represented by one of its active members or by a full-time employee of the association; and any other kind of organization or entity shall be represented by one of its active members or full-time employees or, in the case of a nonprofit corporation, a duly elected nonattorney officer or an employee. (II) It is the intent of this section that no attorney, except pro se or as an authorized fulltime employee or active general partner of a partnership, an authorized active member or fulltime employee of a union, a full-time officer or full-time employee of a for-profit corporation, or a full-time employee or active member of an association, which partnership, union, corporation, or association is a party, shall appear or take any part in the filing or prosecution or defense of any matter in the small claims court, except as permitted by supreme court rule. (b) In actions arising under part 1 of article 12 of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a security deposit or for damage to property arising from a landlord-tenant relationship, a property manager who has received security deposits, rents, or both, or who has signed a lease agreement on behalf of the owner of the real property that is the subject of the small claims action, shall be permitted to represent the owner of the property in such action. (3) In any action to which the federal "Soldiers' and Sailors' Civil Relief Act of 1940", as amended, 50 App. U.S.C. sec. 521, is applicable, the court may enter a default against a defendant who is in the military without entering judgment, and the court shall appoint an attorney to represent the interests of the defendant prior to the entry of judgment against the defendant. (4) If an attorney appears, as permitted in subsection (2) or (3) of this section, the other party or parties in the case may be represented by counsel, if such party or parties so choose. (5) Nothing contained in this section is intended to limit or otherwise interfere with a party's right to assign, or to employ counsel to pursue that party's rights and remedies subsequent to the entry of judgment by a small claims court. (6) Any small claims court action in which an attorney appears shall be processed and tried pursuant to the statutes and court rules governing small claims court actions. Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 88: (2) amended, pp. 602, 1438, §§ 3, 43, effective July 1. L. 2001: Entire section amended, p. 1514, § 4, effective September 1. L. 2007: (3) amended, p. 2024, § 23, effective June 1. L. 2017: (2)(a)(I) amended, (SB 17-227), ch. 192, p. 704, § 5, effective August 9. Cross references: For representation of closely held corporations before courts or administrative agencies, see § 13-1-127. 13-6-408. Counterclaims exceeding jurisdiction of small claims court - procedures sanctions for improper assertion. Counterclaims exceeding the jurisdiction of the small claims court shall be removed to the county or district court of appropriate jurisdiction pursuant to rule of the supreme court. If a county or district court determines that a plaintiff who originally filed a claim in the small claims court is entitled to judgment and also that a counterclaim against the same plaintiff in the small claims action was filed solely to defeat the jurisdiction of the small claims court and was without merit, the county or district court may also award the plaintiff Colorado Revised Statutes 2019 Page 110 of 584 Uncertified Printout costs, including reasonable attorney fees, incurred in prosecuting the action in the county or district court. Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 87: Entire section amended, p. 1576, § 14, effective July 10. L. 2001: Entire section amended, p. 1515, § 5, effective September 1. 13-6-409. Trial procedure. The judge or magistrate shall conduct the trial in such manner as to do justice between the parties and shall not be bound by formal rules or statutes of procedure or pleading or the technical rules of evidence, except for rules promulgated by the supreme court controlling the conduct of proceedings in the small claims court. Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 77: Entire section amended, p. 789, § 2, effective June 19. L. 91: Entire section amended, p. 356, § 12, effective April 9. 13-6-410. Appeal of a claim. A record shall be made of all small claims court proceedings, and either the plaintiff or the defendant may appeal pursuant to county court rules. Upon appeal, all provisions of law and rules concerning appeals from the county court shall apply, including right to counsel. A tape recording of the trial proceedings shall satisfy any requirements of a transcript for appeal, upon the payment of a nominal fee by the appellant. Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 93: Entire section amended, p. 1775, § 32, effective June 6. L. 2001: Entire section amended, p. 1515, § 6, effective September 1. 13-6-411. Limitation on number of claims filed. (1) No plaintiff may file more than two claims per month, eighteen claims per year, in the small claims court of any county. Each claim filed in any small claims court shall contain a certification by the plaintiff that the plaintiff has not filed any more than two claims during that month and eighteen claims in that year in the small claims court of that county. (2) The limitation imposed by subsection (1) of this section shall not apply to a statesupported institution of higher education which files claims to recover loans or other outstanding obligations due to such institution; except that no such state-supported institution of higher education shall file more than a total of thirty such claims per month in all small claims courts in Colorado. Source: L. 76: Entire part added, p. 520, § 1, effective October 1. L. 81: Entire section amended, p. 880, § 3, effective July 1. L. 83: Entire section amended, p. 792, § 1, effective June 3. L. 87: (1) amended, p. 544, § 2, effective July 1. L. 92: Entire section amended, p. 289, § 1, effective July 1. L. 2001: (1) amended, p. 1515, § 7, effective September 1. 13-6-411.5. Place of trial. (1) Except as provided in subsection (2) of this section, all actions in the small claims court shall be brought in the county in which any defendant at the Colorado Revised Statutes 2019 Page 111 of 584 Uncertified Printout time of filing of the claim resides, is regularly employed, is a student at an institution of higher education, or has an office for the transaction of business. (2) Actions to enforce restrictive covenants and actions arising under part 1 of article 12 of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a security deposit or for damage to property arising from a landlord-tenant relationship, may be brought in the county in which the defendant's property that is the subject of the action is situated. (3) If a defendant appears and defends a small claims action on the merits at trial, such defendant shall be deemed to have waived any objection to the place of trial permitted under this section. Source: L. 90: Entire section added, p. 850, § 5, effective May 31. L. 2001: Entire section amended, p. 1515, § 8, effective September 1. Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990. 13-6-412. Notice to public. The clerk of the small claims court shall publicize in an appropriate manner the existence of the small claims court, its procedures, and its hours of operation. Such publication shall be made so as to bring the court's existence to the attention of the entire community. The state court administrator shall publish a small claims court handbook outlining the procedures of the court in layman's language. Source: L. 76: Entire part added, p. 520, § 1, effective October 1. 13-6-413. Supreme court shall promulgate rules. The supreme court shall implement this part 4 by appropriate rules of procedure for the small claims court. Source: L. 76: Entire part added, p. 520, § 1, effective October 1. 13-6-414. No jury trial. There shall be no right to a trial by jury in the small claims court. Source: L. 76: Entire part added, p. 520, § 1, effective October 1. 13-6-415. Service of process. Every defendant shall be notified that an action has been filed against that defendant in the small claims court either by certified mail, return receipt requested, or by personal service of process, as provided by the rules of procedure for the small claims court. The clerk of the small claims court shall collect, in advance, the fee provided for in section 13-32-104 (1)(i) for each service of process attempted by certified mail. Source: L. 76: Entire part added, p. 520, § 1, effective October 1. L. 90: Entire section amended, p. 850, § 7, effective May 31. L. 2001: Entire section amended, p. 1516, § 9, effective September 1. Colorado Revised Statutes 2019 Page 112 of 584 Uncertified Printout Cross references: For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 100, Session Laws of Colorado 1990. 13-6-416. Facilities. No county shall be required to furnish new facilities pursuant to this part 4. Source: L. 76: Entire part added, p. 520, § 3, effective October 1. 13-6-417. Execution and proceedings subsequent to judgment. Execution and proceedings subsequent to judgment entered in the small claims division may be processed in the small claims division and shall be the same as in a civil action in the county court as provided by law. Source: L. 90: Entire section added, p. 850, § 5, effective May 31. Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990. PART 5 MAGISTRATE ADJUDICATION SYSTEM Cross references: For magistrates in the small claims division of county courts, see § 13-6-405; for magistrates in district courts, see § 13-5-201. 13-6-501. County court magistrates - qualifications - duties. (1) In Class A counties, as defined in section 13-6-201, county court magistrates may be appointed by the presiding judge. (2) In Class B counties, as defined in section 13-6-201, county court magistrates may be appointed pursuant to section 13-3-105, if approved by the chief justice. (3) Any county court magistrate shall be a qualified attorney-at-law admitted to practice in the state of Colorado and in good standing; except that a county court magistrate who hears only class A and class B traffic infraction matters need not be an attorney-at-law and except that any duly appointed county judge may act as a traffic magistrate regardless of whether he is an attorney-at-law. (4) Subject to the provision that no magistrate may preside in any trial by jury, county court magistrates shall have power to hear the following matters: (a) Class 2 misdemeanor traffic offenses and class A and class B traffic infractions, as defined in section 42-4-1701, C.R.S.; (b) Such other matters as determined by rule of the supreme court. (4.5) County court magistrates shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S. (4.7) County court magistrates shall have the power to preside over matters specified in section 13-17.5-105. Colorado Revised Statutes 2019 Page 113 of 584 Uncertified Printout (5) Except in class A and class B traffic infraction matters, before a county court magistrate may hear any matter, all parties thereto shall have waived, on the record, their right to proceed before a county judge. If any party fails to waive such right, or objects to the magistrate, that party's case shall be rereferred to a county judge. (6) Magistrates, when handling county court matters and class A and class B traffic infraction matters and where the parties to such proceedings, other than traffic infraction matters, shall have waived their right to proceed before a county judge, shall have all the jurisdiction and power of a county judge, and their orders and judgments shall be those of the county court. (7) Procedure in matters heard by a county court magistrate shall be determined by statute and by rules promulgated by the supreme court and by local rules. (8) The duties, qualifications, compensation, conditions of employment, and other administrative details concerning magistrates who hear traffic infraction matters not set forth in this part 5 shall be established in accordance with the provisions of section 13-3-105. (9) The supreme court shall adopt such rules and regulations as it deems necessary or proper to carry out the provisions of this part 5 relating to traffic infraction matters, including, but not limited to, procedural matters. (10) Existing space provided by a county, including already existing courtroom and administrative space, shall be used to the maximum extent possible for hearings on traffic infraction matters. (11) Before any county court magistrate is appointed pursuant to the provisions of this part 5, the judicial department shall consult with the board of county commissioners of the affected county or counties regarding any additional space or facilities that may be required. All feasible alternatives shall be considered and the least costly alternative shall be accepted by the department whenever practicable. Source: L. 77: Entire part added, p. 791, § 1, effective January 1, 1978. L. 82: (3), (4)(a), (5), and (6) amended and (8) to (11) added, p. 653, § 1, effective January 1, 1983. L. 83: (3) amended, p. 602, § 2, effective July 1. L. 87: (4)(a) amended, p. 1495, § 1, effective July 1. L. 89: (4.5) added, p. 782, § 5, effective April 4. L. 91: Entire section amended, p. 357, § 13, effective April 9. L. 94: (4)(a) amended, p. 2549, § 31, effective January 1, 1995. L. 95: (4.7) added, p. 480, § 3, effective July 1. 13-6-502. Jury trials. Notwithstanding the provisions of section 16-10-109, C.R.S., or any other provision of law, the right to a jury trial shall not be available at a hearing before a magistrate where the cited person is charged with a class A or a class B traffic infraction. Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 93: Entire section amended, p. 1775, § 33, effective June 6. 13-6-503. Evidence offered by officer. At any hearing on a class A or class B traffic infraction, the officer who issued the citation shall offer evidence of the facts concerning the alleged infraction either in person or by affidavit, as such affidavit may be established by rules adopted by the supreme court pursuant to section 13-6-501 (9). If such officer appears personally, the magistrate and the cited person may then examine such officer. The cited party shall have the right to call the officer by subpoena as in the case of other civil matters. Colorado Revised Statutes 2019 Page 114 of 584 Uncertified Printout Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: Entire section amended, p. 358, § 14, effective April 9. 13-6-504. Appeals procedure. (1) Any appeal, either by the state or the cited person, from a judgment entered pursuant to this part 5 shall be processed as an appeal from the county court. (2) The district attorney or deputy district attorney shall represent the state on the appeal. (3) The state may appeal only a ruling by a magistrate that declares a state statute unconstitutional or unenforceable. Whether or not to appeal shall be in the discretion of the district attorney. Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: (3) amended, p. 358, § 15, effective April 9. ARTICLE 7 Superior Courts 13-7-101 to 13-7-112. (Repealed) Source: L. 85: Entire article repealed, p. 572, § 12, effective November 14, 1986. Editor's note: This article was numbered as article 10 of chapter 37, C.R.S. 1963. For amendments to this article prior to its repeal in 1986, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 8 Juvenile Court of Denver 13-8-101. Establishment. Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established the juvenile court of the city and county of Denver. Source: L. 64: p. 437, § 1. C.R.S. 1963: § 37-19-1. 13-8-102. Court of record - powers. The juvenile court shall be a court of record with such powers as are inherent in constitutionally created courts and with such legal and equitable powers to effectuate its jurisdiction and carry out its orders, judgments, and decrees as are possessed by the district courts. Source: L. 64: p. 437, § 2. C.R.S. 1963: § 37-19-2. Colorado Revised Statutes 2019 Page 115 of 584 Uncertified Printout 13-8-103. Jurisdiction. The jurisdiction of the juvenile court of the city and county of Denver is as set forth in sections 19-1-104, 19-2-104, and 19-4-109, C.R.S., for juvenile courts, as defined in section 19-1-103 (70), C.R.S. Source: L. 64: p. 437, § 3. C.R.S. 1963: § 37-19-3. L. 67: p. 1051, § 7. L. 78: (1)(h) amended, p. 262, § 44, effective May 23; (1)(b) amended, p. 367, § 13, effective July 1, 1979. L. 84: (2) amended, p. 560, § 8, effective April 5. L. 85: (1)(d)(I) amended, p. 688, § 7, effective March 1; entire section R&RE, p. 690, § 1, effective July 1. L. 87: Entire section amended, p. 813, § 6, effective October 1. L. 96: Entire section amended, p. 1688, § 14, effective January 1, 1997. 13-8-104. Number of judges. There shall be three judges of the juvenile court of the city and county of Denver. Source: L. 64: p. 438, § 4. C.R.S. 1963: § 37-19-4. L. 73: p. 496, § 1. 13-8-105. Qualifications of judges. A judge of the juvenile court shall be a qualified elector of the city and county of Denver at the time of his election or selection and shall have been licensed to practice law in the state of Colorado for five years at such time. He shall be a resident of the city and county of Denver during his term of office. Source: L. 64: p. 438, § 5. C.R.S. 1963: § 37-19-5. 13-8-106. Activities of judge. A judge of the juvenile court shall devote his full time to judicial duties and shall not engage in the private practice of law while serving in office. Source: L. 64: p. 438, § 6. C.R.S. 1963: § 37-19-6. 13-8-107. Term of office. The term of office of a judge of the juvenile court of the city and county of Denver shall be six years. Source: L. 64: p. 439, § 8. C.R.S. 1963: § 37-19-8. L. 67: p.459, § 16. L. 73: p. 496, § 2. 13-8-108. Vacancies. If the office of juvenile court judge becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the vacancy shall be filled by the governor as provided in section 20 of article VI of the state constitution. Source: L. 64: p. 439, § 9. C.R.S. 1963: § 37-19-9. L. 67: p. 459, § 17. 13-8-109. Magistrates. The judges of the juvenile court of the city and county of Denver may appoint magistrates, as provided in section 19-1-108, C.R.S. Colorado Revised Statutes 2019 Page 116 of 584 Uncertified Printout Source: L. 64: p. 440, § 11. C.R.S. 1963: § 37-19-11. L. 67: p. 1052, § 8. L. 79: Entire section amended, p. 764, § 14, effective July 1. L. 87: Entire section amended, p. 813, § 7, effective October 1. L. 95: Entire section amended, p. 1109, § 60, effective May 31. 13-8-110. Clerk. (1) The judges of the juvenile court shall appoint a clerk of the juvenile court pursuant to the provisions of section 13-3-105. (2) Repealed. (3) The powers and duties of the clerk of the juvenile court shall be similar to the powers and duties of the clerk of the district court. The duties of the clerk of the juvenile court shall also include such matters as may be assigned to him by law, by court rules, and by the juvenile judges. Source: L. 64: p. 440, § 12. C.R.S. 1963: § 37-19-12. L. 69: p. 252, § 20. L. 79: (2) amended, p. 602, § 30, effective July 1; (2) repealed, p. 602, § 30, effective July 1. 13-8-111. Other employees. The judges of the juvenile court shall also appoint, pursuant to the provisions of section 13-3-105, probation officers and such other employees as may be necessary to carry out the functions and duties of the juvenile court, including the clerk's office thereof. Source: L. 64: p. 441, § 13. C.R.S. 1963: § 37-19-13. L. 69: p. 252, § 21. L. 79: Entire section amended, p. 600, § 20, effective July 1. 13-8-112. Judges may sit en banc - presiding judge. The judges of the juvenile court may sit en banc for the purpose of making rules of court, the appointment of a clerk and other employees pursuant to section 13-3-105, and the conduct of other business relating to the administration of the court, including the selection of a presiding judge, as authorized by and subject to the approval of the chief justice of the supreme court. Source: L. 64: p. 441, § 14. C.R.S. 1963: § 37-19-14. L. 67: p. 460, § 19. L. 69: p. 253, § 22. 13-8-113. Judges to sit separately. In the juvenile court, each of the judges shall sit separately for the trial of cases and the transaction of judicial business, and each of the courts so held shall be known as the juvenile court. Each judge shall have all of the powers which he might have if he were the sole judge of the court, including the power to vacate his own judgments, decrees, or orders, or those of a predecessor when permitted by law, but not juvenile court orders of another judge of the juvenile court who is still in office. Source: L. 64: p. 441, § 15. C.R.S. 1963: § 37-19-15. 13-8-114. Practice and procedure. Practice and procedure in the juvenile court shall be conducted in accordance with the provisions of this article and title 19, C.R.S. Source: L. 64: p. 441, § 16. C.R.S. 1963: § 37-19-16. L. 67: p. 1052, § 9. Colorado Revised Statutes 2019 Page 117 of 584 Uncertified Printout 13-8-115. Rules of court. The juvenile court has the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state but are supplementary thereto. Juvenile court rules are subject to review by the supreme court. Source: L. 64: p. 442, § 17. C.R.S. 1963: § 37-19-17. 13-8-116. Terms. Terms of the juvenile court shall be fixed by rule of court; but at least one term shall be held each year. Source: L. 64: p. 442, § 18. C.R.S. 1963: § 37-19-18. 13-8-117. Seal. The juvenile court shall have a seal, bearing upon the face thereof the words "The Juvenile Court of the City and County of Denver, Colorado". Source: L. 64: p. 442, § 19. C.R.S. 1963: § 37-19-19. 13-8-118. Process. The juvenile court has the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure in civil cases, or the Colorado rules of criminal procedure in criminal cases, may be served outside of the state. Any sheriff to whom process is directed is authorized and required to execute the same and shall be entitled to the same fees as are allowed by law for serving like process from the district court. Persons other than the sheriff or his deputies also may serve process from the juvenile court when permitted by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure in civil cases or the Colorado rules of criminal procedure in criminal cases. Source: L. 64: p. 442, § 20. C.R.S. 1963: § 37-19-20. 13-8-119. Venue. Venue in the juvenile court shall be as provided in sections 19-2-105, 19-3-201, 19-4-109, 19-5-102, 19-5-204, and 19-6-102, C.R.S. Source: L. 64: p. 442, § 21. C.R.S. 1963: § 37-19-21. L. 67: p. 1053, § 10. L. 87: Entire section amended, p. 813, § 8, effective October 1. L. 96: Entire section amended, p. 1688, § 15, effective January 1, 1997. 13-8-120. Sheriff to attend. It is the duty of the sheriff of the city and county of Denver to attend in the juvenile court. Source: L. 64: p. 442, § 22. C.R.S. 1963: § 37-19-22. 13-8-121. Appearance by district attorney and city attorney. Upon the request of the court, the district attorney shall represent the state in the interest of the child in any proceedings Colorado Revised Statutes 2019 Page 118 of 584 Uncertified Printout brought under section 19-1-104 (1)(a), C.R.S., and the city attorney shall represent the state in the interest of the child in any other proceedings. Source: L. 64: p. 442, § 23. C.R.S. 1963: § 37-19-23. L. 67: p. 1053, § 11. 13-8-122. Juries. When required, juries may be selected and summoned as provided for courts of record in articles 71 to 74 of this title. With the permission of the district court, the juvenile court may use the panel of jurors summoned for the district court of the second judicial district. Source: L. 64: p. 442, § 24. C.R.S. 1963: § 37-19-24. L. 2001: Entire section amended, p. 1270, § 16, effective June 5. 13-8-123. Judgments. The judgments of the juvenile court shall be enforceable in the same manner as judgments of the district court and, when appropriate, may be made liens upon real estate or other property in the manner provided by law for judgments of the district court. Source: L. 64: p. 443, § 25. C.R.S. 1963: § 37-19-25. Cross references: For procedures for attachment and duration of a judgment lien, see § 13-52-102. 13-8-124. Appellate review. Appellate review of any order, decree, or judgment may be taken to the supreme court or the court of appeals, as provided by law and the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the child. Appeals from orders or decrees concerning legal custody, the allocation of parental responsibilities, termination of parent-child legal relationships, and adoptions shall be advanced upon the calendar of the supreme court or of the court of appeals and shall be decided at the earliest practicable time. Source: L. 64: p. 443, § 26. C.R.S. 1963: § 37-19-26. L. 67: p.1053, § 12. L. 69: p. 270, § 9. L. 77: Entire section amended, p. 1029, § 2, effective July 1. L. 87: Entire section amended, p. 813, § 9, effective October 1. L. 98: Entire section amended, p. 1392, § 25, effective February 1, 1999. 13-8-125. Fees. The fees charged by the juvenile court and the clerk thereof shall be those provided in article 32 of this title. Source: L. 64: p. 443, § 27. C.R.S. 1963: § 37-19-27. 13-8-126. Supervision by supreme court. The supervisory powers of the supreme court established by article 3 of this title shall extend to the juvenile court. Source: L. 64: p. 444, § 30. C.R.S. 1963: § 37-19-30. Colorado Revised Statutes 2019 Page 119 of 584 Uncertified Printout ARTICLE 9 Probate Court of Denver Cross references: For the Colorado rules of probate procedure, see chapter 27 of the Colorado court rules. 13-9-101. Establishment. Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established the probate court of the city and county of Denver. Source: L. 64: p. 445, § 1. C.R.S. 1963: § 37-20-1. 13-9-102. Court of record - powers. The probate court shall be a court of record with such powers as are inherent in constitutionally created courts and with such legal and equitable powers to effectuate its jurisdiction and carry out its orders, judgments, and decrees as are possessed by the district courts. Source: L. 64: p. 445, § 2. C.R.S. 1963: § 37-20-2. 13-9-103. Jurisdiction. (1) The probate court of the city and county of Denver has original and exclusive jurisdiction in said city and county of: (a) The administration, settlement, and distribution of estates of decedents, wards, and absentees; (b) Property vested in any person under a legal disability but paid to or held by another for such person's use or benefit as authorized by court order or as authorized by a power contained in a will or trust instrument; (c) Property vested in any minor pursuant to the "Colorado Uniform Transfers to Minors Act", or any predecessor act thereto, or any act having a substantially similar legal effect; (d) The probate of wills; (e) The granting of letters testamentary, of administration, of guardianship, and of conservatorship; (f) The administration of guardianships of minors and of persons declared mentally incompetent and of conservatorships of persons with mental health disorders or persons with an intellectual and developmental disability and of absentees; (g) Proceedings under article 23 of title 17 and articles 10 to 15 of title 27, C.R.S.; (h) The determination of heirship in probate proceedings and the devolution of title to property in probate proceedings; (i) Actions on the official bonds of fiduciaries appointed by it; (j) The construction of wills; (k) The administration of testamentary trusts, except as provided in subsection (2) of this section; and (l) All other probate matters. (2) If a testamentary trust is established by the will of the decedent and if it appears that it was not the intention of the testator that the court should continue the administration of the Colorado Revised Statutes 2019 Page 120 of 584 Uncertified Printout estate after the payment in full of all debts and legacies except the trust property, the court shall proceed to final settlement of such estate as in other cases, order the trust fund or property to be turned over to the trustee as such, and shall not require the filing of inventories and accounts, or supervise the administration of the trust; except that any party in interest of such trust, including the trustee thereof, may invoke the jurisdiction of the probate court with respect to any matters pertaining to the administration or distribution of such trust or to construe the will under which it was established. (3) The court has jurisdiction to determine every legal and equitable question arising in connection with decedents', wards', and absentees' estates, so far as the question concerns any person who is before the court by reason of any asserted right in any of the property of the estate or by reason of any asserted obligation to the estate, including, without limiting the generality of the foregoing, the jurisdiction: (a) To give full and complete legal and equitable relief in any case in which it is alleged that the decedent breached an agreement to make or not to make a will; (b) In any case in which a district court could grant such relief in a separate action brought therein, to impose or raise a trust with respect to any of the property of the decedent or any property in the name of the decedent, individually or in any other capacity, in any case in which the demand for such relief arises in connection with the administration of the estate of a decedent; (c) To partition any of the real or personal property of any estate in connection with the settlement thereof. (4) Nothing in this article shall prevent any district court sitting in law or equity from construing a will which is not before the probate court or from determining questions arising in connection with trusts which are not under the jurisdiction of the probate court. (5) The court has jurisdiction to determine every legal and equitable question arising out of or in connection with express trusts. (6) The provisions of articles 10 to 20 of title 15, article 23 of title 17, and articles 10 to 15 of title 27, C.R.S., shall govern the issuance and service and proof of service of any process, notice, citation, writ, or order of court and shall govern all other proceedings had pursuant to the powers of the court recited in subsections (1) and (2) of this section. The Colorado rules of civil procedure shall govern such matters when the proceedings are had pursuant to the powers granted to the court under any of the other provisions of this section. (7) With respect to any trust established by or for an individual with his or her assets, income, or property of any kind, notwithstanding any statutory provision to the contrary, the court shall not authorize, direct, or ratify any trust that either has the effect of qualifying or purports to qualify the trust beneficiary for federal supplemental security income, or public or medical assistance pursuant to title 26, C.R.S., unless the trust meets the criteria set forth in sections 15-14-412.6 to 15-14-412.9, C.R.S., and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S. Source: L. 64: p. 445, § 3. L. 65: pp. 483, 484, §§ 1, 2. C.R.S. 1963: § 37-20-3. L. 67: p. 103, § 1. L. 79: (1)(g) and (6) amended, p. 1634, § 22, effective July 19. L. 84: (1)(c) amended, p. 394, § 4, effective July 1. L. 94: (7) added, p. 1604, § 13, effective July 1. L. 2000: (7) amended, p. 1832, § 3, effective January 1, 2001. L. 2006: (7) amended, p. 2001, § 46, effective July 1; (1)(f) amended, p. 1395, § 35, effective August 7. L. 2017: (1)(f) amended, (HB Colorado Revised Statutes 2019 Page 121 of 584 Uncertified Printout 17-1046), ch. 50, p. 156, § 3, effective March 16; (1)(f) amended, (SB 17-242), ch. 263, p. 1292, § 106, effective May 25. Cross references: (1) For the "Colorado Uniform Transfers to Minors Act", see article 50 of title 11. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 13-9-104. Number of judges. There shall be one judge of the probate court of the city and county of Denver. Source: L. 64: p. 446, § 4. C.R.S. 1963: § 37-20-4. 13-9-105. Qualifications of judges. A judge of the probate court shall be a qualified elector of the city and county of Denver at the time of his selection and shall have been licensed to practice law in the state of Colorado for five years at such time. He shall be a resident of the city and county of Denver during his term of office. He shall not engage in the private practice of law while serving in office. Source: L. 64: p. 446, § 5. C.R.S. 1963: § 37-20-5. 13-9-106. Compensation of judges. A probate judge shall receive an annual salary as provided by law. Source: L. 64: p. 446, § 6. C.R.S. 1963: § 37-20-6. Cross references: For salaries of probate judges, see § 13-30-103. 13-9-107. Appointment and term of office. (1) The term of office of a probate judge shall be six years. (2) A probate judge shall be appointed for the probate court of the city and county of Denver in the same manner provided for the appointment of district judges. Source: L. 64: p. 446, § 7. C.R.S. 1963: § 37-20-7. L. 67: p. 460, § 20. 13-9-108. Vacancies. If the office of probate court judge becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the vacancy shall be filled by the governor as provided in section 20 of article VI of the state constitution. Source: L. 64: p. 446, § 8. C.R.S. 1963: § 37-20-8. L. 67: p. 460, § 21. 13-9-109. Clerk. (1) The judge of the probate court shall appoint a clerk of the probate court pursuant to section 13-3-105. (2) Repealed. Colorado Revised Statutes 2019 Page 122 of 584 Uncertified Printout (3) The powers and duties of the clerk of the probate court shall be similar to the powers and duties of the clerk of the district court including such powers as may be delegated to the clerk of the district court in probate matters. The duties of the clerk of the probate court shall also include such matters as may be assigned to him by law, by court rules, and by the probate judge. Source: L. 64: p. 448, § 10. C.R.S. 1963: § 37-20-10. L. 69: p. 253, § 25. L. 79: (2) amended, p. 424, § 15, effective July 1; (2) repealed, p. 602, § 30, effective July 1. 13-9-110. Other employees. The judge of the probate court shall appoint pursuant to section 13-3-105 such deputy clerks, assistants, reporters, stenographers, and bailiffs as may be necessary for the transaction of the business of the court. Source: L. 64: p. 448, § 11. C.R.S. 1963: § 37-20-11. L. 69: p. 253, § 26. 13-9-111. Practice and procedure. Practice and procedure in the probate court shall be conducted in accordance with laws providing special proceedings for matters within its jurisdiction and with the Colorado rules of civil procedure. Source: L. 64: p. 448, § 12. C.R.S. 1963: § 37-20-12. 13-9-112. Rules of court. The probate court has the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state but are supplementary thereto. Probate court rules are subject to review by the supreme court. Source: L. 64: p. 448, § 13. C.R.S. 1963: § 37-20-13. 13-9-113. Terms. Terms of the probate court shall be fixed by rule of court, but at least one term shall be held each year. Source: L. 64: p. 448, § 14. C.R.S. 1963: § 37-20-14. 13-9-114. Seal. The probate court shall have a seal, bearing upon the face thereof the words: "The Probate Court of the City and County of Denver, Colorado". Source: L. 64: p. 448, § 15. C.R.S. 1963: § 37-20-15. 13-9-115. Process. The probate court has the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all its orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure, may be served outside the state. Any sheriff to whom process is directed is authorized and required to execute the same and shall be entitled to the same fees as are allowed by law for serving like process from the district court. Persons other than the sheriff or his deputies also may serve process from the probate Colorado Revised Statutes 2019 Page 123 of 584 Uncertified Printout court when permitted by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure. Source: L. 64: p. 448, § 16. C.R.S. 1963: § 37-20-16. Cross references: For procedures and persons authorized to serve process of the district court, see C.R.C.P. 4. 13-9-116. Venue. Venue in the probate court shall be determined as provided in articles 10 to 20 of title 15, C.R.S., or by other applicable statutes prescribing special proceedings or, in the absence thereof, by the Colorado rules of civil procedure. Source: L. 64: p. 449, § 17. C.R.S. 1963: § 37-20-17. 13-9-117. Juries. When required, juries may be selected and summoned as provided for courts of record in articles 71 to 74 of this title. With the permission of the district court, the probate court may use the panel of jurors summoned for the district court of the second judicial district. Source: L. 64: p. 449, § 18. C.R.S. 1963: § 37-20-18. L. 2001: Entire section amended, p. 1270, § 17, effective June 5. 13-9-118. Judgments. The judgments of the probate court shall be enforceable in the same manner as judgments of the district court and may be made liens upon real estate or other property in the manner provided by law for judgments of the district court. Source: L. 64: p. 449, § 19. C.R.S. 1963: § 37-20-19. Cross references: For procedures for attachment and duration of a judgment lien, see § 13-52-102. 13-9-119. Appeals. Appellate review of final judgments of the probate court shall be by the supreme court or by the court of appeals, as provided by law, and shall be conducted in the same manner as prescribed by the Colorado appellate rules for review by the court of appeals and the supreme court of final judgments of the district courts. Source: L. 64: p. 449, § 20. C.R.S. 1963: § 37-20-20. L. 69: p. 270, § 10. 13-9-120. Fees. The fees charged by the probate court and the clerk thereof shall be those provided in article 32 of this title. Source: L. 64: p. 449, § 21. C.R.S. 1963: § 37-20-21. Colorado Revised Statutes 2019 Page 124 of 584 Uncertified Printout 13-9-121. Funds. Funds for the operation of the probate court, including the salaries of the employees thereof, shall be provided in the same manner as funds are provided for the establishment and operation of the district courts for the second judicial district. Source: L. 64: p. 449, § 22. C.R.S. 1963: § 37-20-22. L. 69: p. 254, § 27. 13-9-122. Supervision by supreme court. The supervisory powers of the supreme court established by article 3 of this title extend to the probate court. Source: L. 64: p. 450, § 23. C.R.S. 1963: § 37-20-23. 13-9-123. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the "bureau": (a) The name of each person who has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.; (b) The name of each person who has been committed by order of the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112 or 27-82-108; and (c) The name of each person with respect to whom the court has entered an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-107, for extended certification for treatment of a mental health disorder pursuant to section 27-65-108, or for long-term care and treatment of a mental health disorder pursuant to section 27-65-109. (1.5) Not more than forty-eight hours after receiving notification of a person who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state court administrator shall report such fact to the bureau. (2) Any report made by the state court administrator pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g)(4). (3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if: (a) The person to whom the record pertains makes a written request to the state court administrator; and (b) No less than three years before the date of the written request: (I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in the national instant criminal background check system is based on a finding of incapacity; (II) The period of commitment of the most recent order of commitment or recommitment expired, or the court entered an order terminating the person's incapacity or discharging the person from commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of commitment to the custody of the office of behavioral health in the department of human services; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom Colorado Revised Statutes 2019 Page 125 of 584 Uncertified Printout two recommitment orders have been entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment pursuant to section 27-81-112 (11), on the grounds that further treatment is not likely to bring about significant improvement in the person's condition; or (III) The record in the case was sealed pursuant to section 27-65-107 (7), or the court entered an order discharging the person from commitment in the nature of habeas corpus pursuant to section 27-65-113, if the record in the national instant criminal background check system is based on a court order for involuntary certification for short-term treatment of a mental health disorder. (4) Pursuant to section 102 (c) of the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record reported by the state court administrator pursuant to subsection (1) of this section does not apply or no longer applies, shall: (a) Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and (b) Notify the attorney general that such basis does not apply or no longer applies. Source: L. 2002: Entire section added, p. 754, § 2, effective January 1, 2003. L. 2010: (1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 781, § 16, effective April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB 13-1229), ch. 47, p. 134, § 4, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended, (SB 17-242), ch. 263, p. 1252, § 7, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended, (SB 18-091), ch. 35, p. 383, § 10, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 13-9-124. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec. 922 (d)(4) and (g)(4), as permitted by the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180, sec. 105). (2) Eligibility. A person may petition for relief pursuant to this section if: (a) (I) He or she has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.; (II) He or she has been committed by order of the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112 or 27-82108; or (III) The court has entered an order for the person's involuntary certification for shortterm treatment of a mental health disorder pursuant to section 27-65-107, for extended certification for treatment of a mental health disorder pursuant to section 27-65-108, or for longterm care and treatment of a mental health disorder pursuant to section 27-65-109; and Colorado Revised Statutes 2019 Page 126 of 584 Uncertified Printout (b) He or she is a person to whom the sale or transfer of a firearm or ammunition is prohibited by 18 U.S.C. sec. 922 (d)(4), or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. sec. 922 (g)(4). (3) Due process. In a court proceeding pursuant to this section: (a) The petitioner shall have an opportunity to submit his or her own evidence to the court concerning his or her petition; (b) The court shall review the evidence; and (c) The court shall create and thereafter maintain a record of the proceeding. (4) Proper record. In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning, and shall consider: (a) The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. sec. 922 (g)(4); (b) The petitioner's record, which must include, at a minimum, the petitioner's mental health records and criminal history records; and (c) The petitioner's reputation, which the court shall develop, at a minimum, through character witness statements, testimony, or other character evidence. (5) Proper findings. (a) Before granting relief to a petitioner pursuant to this section, the court shall issue findings that: (I) The petitioner is not likely to act in a manner that is dangerous to public safety; and (II) Granting relief to the petitioner is not contrary to the public interest. (b) (I) If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the court of appeals to review the denial, including the record of the denying court. (II) A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court. (III) In reviewing a denial, the court of appeals has discretion, but is not required, to receive additional evidence necessary to conduct an adequate review. Source: L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 135, § 5, effective March 20. L. 2017: (2)(a)(II) amended, (SB 17-242), ch. 263, p. 1252, § 8, effective May 25. L. 2018: (2)(a)(III) amended, (SB 18-091), ch. 35, p. 384, § 11, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. MUNICIPAL COURTS ARTICLE 10 Municipal Courts Law reviews: For article, "Colorado's Municipal System", see 30 Colo. Law. 33 (Dec. 2001); for article, "The Right to a Jury Trial in Petty Offense Cases", see 45 Colo. Law. 27 (Dec. 2016). Colorado Revised Statutes 2019 Page 127 of 584 Uncertified Printout 13-10-101. Legislative declaration. The general assembly finds that the right to a trial by jury for petty offenses, as defined in section 16-10-109, C.R.S., is of vital concern to all of the people of the state of Colorado and that the interests of the state as a whole are so great that the general assembly shall retain sole legislative jurisdiction over the matter, which is hereby declared to be of statewide concern. Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-1. L. 70: p. 150, § 2. L. 72: p. 266, § 2. L. 82: Entire section amended, p. 654, § 3, effective January 1, 1983. 13-10-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Municipal court" includes police courts and police magistrate courts created or existing under previous laws or under a municipal charter and ordinances. (2) "Municipal judges" includes police magistrates as defined and used in previous laws. (3) "Qualified municipal court of record" means a municipal court established by, and operating in conformity with, either local charter or ordinances containing provisions requiring the keeping of a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means, and requiring as a qualification for the office of judge of such court that he has been admitted to, and is currently licensed in, the practice of law in Colorado. Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-1. L. 70: p. 150, § 2. L. 72: p. 266, § 2. 13-10-103. Applicability. This article shall apply to and govern the operation of municipal courts in the cities and towns of this state. Except for the provisions relating to the method of salary payment for municipal judges, the incarceration of children provided for in sections 19-2-402 and 19-2-508, C.R.S., the appearance of the parent, guardian, or lawful custodian of any child under eighteen years of age who is charged with a municipal offense as required by section 13-10-111, the right to a trial by jury for petty offenses provided for in section 16-10-109, C.R.S., rules of procedure promulgated by the supreme court, and appellate procedure, this article may be superseded by charter or ordinance enacted by a home rule city. Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-1. L. 70: p. 150, § 2. L. 72: p. 266, § 2. L. 81: Entire section amended, p. 1041, § 1, effective July 1. L. 87: Entire section amended, p. 813, § 10, effective October 1. L. 94: Entire section amended, p. 909, § 2, effective April 28. L. 96: Entire section amended, p. 1688, § 16, effective January 1, 1997. 13-10-104. Municipal court created - jurisdiction. The municipal governing body of each city or town shall create a municipal court to hear and try all alleged violations of ordinance provisions of such city or town. Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-2. 13-10-105. Municipal judge - appointment - removal. (1) (a) Unless otherwise provided in the charter of a home rule city, the municipal court shall be presided over by a municipal judge who shall be appointed by the municipal governing body for a specified term of Colorado Revised Statutes 2019 Page 128 of 584 Uncertified Printout not less than two years and who may be reappointed for a subsequent term; except that the initial appointment under this section may be for a term of office which expires on the date of the next election of the municipal governing body. Any vacancy in the office of municipal judge shall be filled by appointment of the municipal governing body for the remainder of the unexpired term. (b) The municipal governing body may appoint such assistant judges as may be necessary to act or such substitute judges as circumstances may require in case of temporary absence, sickness, disqualification, or other inability of the presiding or assistant municipal judges to act. (c) In the event that more than one municipal judge is appointed, the municipal governing body shall designate a presiding municipal judge, who shall serve in this capacity during the term for which he was appointed. (2) A municipal judge may be removed during his or her term of office only for cause. A judge may be removed for cause if: (a) He is found guilty of a felony or any other crime involving moral turpitude; (b) He has a disability which interferes with the performance of his duties and which is or is likely to become of a permanent character; (c) He has willfully or persistently failed to perform his duties; (d) He or she has a substance use disorder that is not in remission; or (e) The municipality required the judge, at the time of appointment, to be a resident of the municipality, or county in which the municipality is located, and he subsequently becomes a nonresident of the municipality or the county during his term of office. Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-3. L. 77: (2)(c) and (2)(d) amended and (2)(e) added, p. 793, § 1, effective June 3. L. 91: (1)(b) amended, p. 742, § 1, effective April 4. L. 2017: IP(2) and (2)(d) amended, (SB 17-242), ch. 263, p. 1293, § 107, effective May 25. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 13-10-106. Qualifications of municipal judges. (1) A municipal judge shall have the same qualifications as a county judge in a Class D county, as set forth in section 13-6-203 (3). (2) Preference shall be given by the municipal governing body, when possible, to the appointment of a municipal judge who is licensed to practice law in Colorado or who is trained in the law. (3) The municipal governing body may appoint a county judge in a Class C or D county, as defined in section 13-6-203, to serve as a municipal judge. (4) The municipal governing body may require that the municipal judge be a qualified elector of the municipality or the county in which the municipality is located. Source: L. 69: p. 274, § 1. C.R.S. 1963: § 37-22-4. L. 77: (1) amended and (4) added, p. 793, § 2, effective June 3. 13-10-107. Compensation of municipal judges. (1) The municipal governing body shall provide by ordinance for the salary of the municipal and assistant judges. Such salary shall be a fixed annual compensation and payable on a monthly or other periodic basis. The municipal Colorado Revised Statutes 2019 Page 129 of 584 Uncertified Printout governing body may pay any substitute judge appointed pursuant to section 13-10-105 (1)(b) based upon the number of court sessions served by such judge. (2) (Deleted by amendment, L. 91, p. 742, § 2, effective April 4, 1991.) Source: L. 69: p. 274, § 1. C.R.S. 1963: § 37-22-5. L. 91: Entire section amended, p. 742, § 2, effective April 4. 13-10-108. Clerk of the municipal court. (1) The municipal governing body shall establish the position of clerk of the municipal court, except that the municipal judge shall serve as ex officio clerk if the business of the court is insufficient to warrant a separate full-time or part-time clerk. (2) The clerk of the municipal court shall be appointed by the presiding municipal judge and shall have such duties as are delegated to him by law, court rule, or the presiding municipal judge. (3) The municipal governing body shall provide for the salary of the clerk of the municipal court in the same manner as specified in section 13-10-107; except that if the municipal judge serves as ex officio clerk, he shall not receive any additional compensation. Source: L. 69: p. 274, § 1. C.R.S. 1963: § 37-22-6. 13-10-109. Bond. (1) The clerk of the municipal court shall give a performance bond in the sum of two thousand dollars, or in such amount as may be set by ordinance, to the city or town for which he is appointed. (2) The performance bond shall be approved by the municipal governing body and be conditioned upon the faithful performance of his duties, and for the faithful accounting for, and payment of, all funds deposited with or received by the court. (3) When the municipal judge serves as clerk of the municipal court, as provided in section 13-10-108 (3), he shall execute the performance bond required by this section. (4) The governing body of the city or town may waive the bond required by this section. Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-7. L. 89: (4) added, p. 1287, § 1, effective April 6. 13-10-110. Court facilities and supplies. (1) The municipal governing body shall furnish the municipal court with suitable courtroom facilities and sufficient funds for the acquisition of all necessary books, supplies, and furniture for the proper conduct of the business of the court. (2) In order to carry out the provisions of subsection (1) of this section, the municipal governing body may locate court facilities outside of the municipality or county in which the municipality is located, if such facilities are in reasonable proximity to the municipality and the governing body determines that suitable facilities cannot be provided within the municipality. (3) Any two or more governments may cooperate or contract, pursuant to part 2 of article 1 of title 29, C.R.S., to provide joint court facilities and supplies. Such joint facilities may be located outside of any or all of the cooperating or contracting governments but shall be located within reasonable proximity to each of the cooperating or contracting governments. Colorado Revised Statutes 2019 Page 130 of 584 Uncertified Printout (4) Where, pursuant to this section, a municipality locates its court facilities outside of its boundaries, any reference in this article to the municipality in which the court is located shall mean the municipality creating the municipal court, and any reference in this article to the county in which the municipal court is located shall mean the county in which the municipality creating the court is located. Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-8. L. 75: Entire section amended, p. 567, § 1, effective June 13. 13-10-111. Commencement of actions - process. (1) Any action or summons brought in any municipal court to recover any fine or enforce any penalty or forfeiture under any ordinance shall be filed in the corporate name of the municipality in which the court is located by and on behalf of the people of the state of Colorado. (2) Any process issued from a municipal court runs in the corporate name of the municipality by and on behalf of the people of the state of Colorado. Processes from any municipal court shall be executed by any authorized law enforcement officer from the municipality in which the court is located. (3) Any authorized law enforcement officer may execute within such officer's jurisdiction any summons, process, writ, or warrant issued by a municipal court from another jurisdiction arising under the ordinances of such municipality for an offense which is criminal or quasi-criminal. For the purposes of this subsection (3), traffic offenses shall not be considered criminal or quasi-criminal offenses unless penalty points may be assessed under section 42-2127 (5)(a) to (5)(cc), C.R.S. The issuing municipality shall be liable for and pay all costs, including costs of service or incarceration incurred in connection with such service or execution. (4) The clerk of the municipal court shall issue a subpoena for the appearance of any witness in municipal court upon the request of either the prosecuting municipality or the defendant. The subpoena may be served upon any person within the jurisdiction of the court in the manner prescribed by the rules of procedure applicable to municipal courts. Any person subpoenaed to appear as a witness in municipal court shall be paid a witness fee in the amount of five dollars. (5) Upon the request of the municipal court, the prosecuting municipality, or the defendant, the clerk of the municipal court shall issue a subpoena for the appearance, at any and all stages of the court's proceedings, of the parent, guardian, or lawful custodian of any child under eighteen years of age who is charged with a municipal offense. Whenever a person who is issued a subpoena pursuant to this subsection (5) fails, without good cause, to appear, the court may issue an order for the person to show cause to the court as to why the person should not be held in contempt. Following a show cause hearing, the court may make findings of fact and conclusions of law and may enter an appropriate order, which may include finding the person in contempt. Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-9. L. 77: (3) amended, p. 793, § 3, effective June 3. L. 78: (3) amended, p. 262, § 45, effective May 23. L. 81: (5) added, p. 882, § 1, effective April 30. L. 94: (5) amended, p. 909, § 3, effective April 28; (3) amended, p. 2549, § 32, effective January 1, 1995. Colorado Revised Statutes 2019 Page 131 of 584 Uncertified Printout 13-10-111.5. Notice to municipal courts of municipal holds. (1) If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of any municipal hold; except that, if the municipal hold is the sole basis to detain the person, the jail shall notify the municipal court of the municipal hold within four hours. All municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. All jails shall be deemed to have met this notice requirement by sending an e-mail, fax, or teletype to the municipal court or, if these options are unavailable, leaving a voicemail with the municipal court, relaying the notice required in this section. (2) Once a municipal court receives notice that the defendant is being held solely on the basis of a municipal hold, the municipal court shall hold a hearing within two calendar days, excluding Sundays and federal holidays; except that, if the defendant has failed to appear in that case at least twice and the defendant is incarcerated in a county different from the county where the demanding municipal court is located, the demanding municipal court shall hold a hearing within four calendar days, excluding Sundays and federal holidays. (3) (a) At the hearing required in subsection (2) of this section, the municipal court shall either: (I) Arraign the defendant; or (II) If the defendant was arrested for failure to appear, conduct the proceedings for which the defendant failed to appear, unless that proceeding is a trial or an evidentiary hearing or requires the presence of a witness. (b) If the case is not resolved at this hearing, the municipal court shall immediately conduct a bond hearing to consider and set the least restrictive conditions, if any, for the defendant's release on bond. (4) If the defendant does not appear before the municipal court for a hearing within the time frames required by subsection (2) of this section, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. This subsection (4) does not apply if the defendant refused to cooperate with the court's attempts to hold the hearing in compliance with subsection (2) of this section. (5) Each municipal court shall adopt standing orders to implement subsection (4) of this section and shall provide the orders to each jail in the county where the municipal court is located. In every arrest warrant issued by a municipal court, the municipal court shall order that the defendant be released on a personal recognizance bond with no other conditions if the defendant does not appear before the municipal court for a hearing within the time frames required by subsection (2) of this section. Source: L. 2017: Entire section added, (HB 17-1338), ch. 375, p. 1939, § 2, effective January 1, 2018. Cross references: For the legislative declaration in HB 17-1338, see section 1 of chapter 375, Session Laws of Colorado 2017. 13-10-112. Powers and procedures. (1) The municipal judge of any municipal court has all judicial powers relating to the operation of his court, subject to any rules of procedure Colorado Revised Statutes 2019 Page 132 of 584 Uncertified Printout governing the operation and conduct of municipal courts promulgated by the Colorado supreme court. The presiding municipal judge of any municipal court has authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado supreme court. (2) The judicial powers of any municipal judge shall include the power to enforce subpoenas issued by any board, commission, hearing officer, or other body or officer of the municipality authorized by law or ordinance to issue subpoenas. Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-10. L. 91: Entire section amended, p. 742, § 3, effective April 4. 13-10-113. Fines and penalties. (1) (a) Except as provided in subsection (1)(b) of this section, any person convicted of violating a municipal ordinance in a municipal court of record may be incarcerated for a period not to exceed three hundred sixty-four days or fined an amount not to exceed two thousand six hundred fifty dollars, or both. (b) (I) The limitation on municipal court fines set forth in paragraph (a) of this subsection (1) shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter. (II) As used in this paragraph (b), "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for DenverBoulder, all items, all urban consumers, or its successor index. (1.5) Any person convicted of violating a municipal ordinance in a municipal court which is not of record may be incarcerated for a period not to exceed ninety days or fined an amount not to exceed three hundred dollars, or both. (2) In sentencing or fining a violator, the municipal judge shall not exceed the sentence or fine limitations established by ordinance. Any other provision of the law to the contrary notwithstanding, the municipal judge may suspend the sentence or fine of any violator and place him on probation for a period not to exceed one year. (3) The municipal judge is empowered in his discretion to assess costs, as established by the municipal governing body by ordinance, against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. (4) Notwithstanding any provision of law to the contrary, a municipal court has the authority to order a child under eighteen years of age confined in a juvenile detention facility operated or contracted by the department of human services or a temporary holding facility operated by or under contract with a municipal government for failure to comply with a lawful order of the court, including an order to pay a fine. Any confinement of a child for contempt of municipal court shall not exceed forty-eight hours. (5) Notwithstanding any other provision of law, a child, as defined in section 19-1-103 (18), C.R.S., arrested for an alleged violation of a municipal ordinance, convicted of violating a municipal ordinance or probation conditions imposed by a municipal court, or found in contempt of court in connection with a violation or alleged violation of a municipal ordinance shall not be confined in a jail, lockup, or other place used for the confinement of adult offenders but may be held in a juvenile detention facility operated by or under contract with the department of human services or a temporary holding facility operated by or under contract with a municipal government that shall receive and provide care for such child. A municipal court imposing Colorado Revised Statutes 2019 Page 133 of 584 Uncertified Printout penalties for violation of probation conditions imposed by such court or for contempt of court in connection with a violation or alleged violation of a municipal ordinance may confine a child pursuant to section 19-2-508, C.R.S., for up to forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services. In imposing any jail sentence upon a juvenile for violating any municipal ordinance when the municipal court has jurisdiction over the juvenile pursuant to section 19-2-104 (1)(a)(II), C.R.S., a municipal court does not have the authority to order a child under eighteen years of age to a juvenile detention facility operated or contracted by the department of human services. (6) Whenever the judge in a municipal court of record imposes a fine for a nonviolent municipal ordinance or code offense, if the person who committed the offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the municipal judge may compel collection of the fine in the manner provided in section 18-1.3-506, C.R.S. For purposes of this subsection (6), "nonviolent municipal ordinance or code offense" means a municipal ordinance or code offense which does not involve the use or threat of physical force on or to a person in the commission of the offense. (7) Notwithstanding subsections (1) and (1.5) of this section, the municipal judge of each municipality which implements an industrial wastewater pretreatment program pursuant to the federal act, as defined in section 25-8-103 (8), C.R.S., may provide such relief and impose such penalties as are required by such federal act and its implementing regulations for such programs. (8) If, as a condition of or in connection with any sentence imposed pursuant to this section, a municipal court judge requires a juvenile who is younger than eighteen years of age to attend school, the municipal court shall notify the school district in which the juvenile is enrolled of such requirement. Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-11. L. 81: (4) added, p. 882, § 2, effective April 30; (5) added, p. 1041, § 2, effective July 1. L. 87: (2) and (3) amended, p. 546, § 1, effective April 23; (4) and (5) amended, p. 814, § 11, effective October 1. L. 89: (6) added, p. 887, § 3, effective April 6. L. 90: (4) and (5) amended, p. 1016, § 1, effective April 20; (7) added, p. 1345, § 6, effective July 1. L. 91: (1) and (3) amended and (1.5) added, p. 743, § 4, effective April 4. L. 92: (7) amended, p. 2183, § 59, effective June 2. L. 94: (4) and (5) amended, pp. 2641, 2615, §§ 90, 23, effective July 1; (5) amended, p. 1462, § 1, effective July 1. L. 96: (5) amended, p. 1679, § 2, effective January 1, 1997. L. 2000: (8) added, p. 320, § 8, effective April 7. L. 2002: (6) amended, p. 1487, § 121, effective October 1. L. 2013: (1) amended, (HB 13-1060), ch. 121, p. 411, § 1, effective April 18. L. 2019: (1)(a) amended, (HB 19-1148), ch. 59, p. 201, § 1, effective August 2. Editor's note: Amendments to subsection (5) by Senate Bill 94-089 and House Bill 941029 were harmonized. Cross references: (1) For municipal ordinances and penalties relating thereto, see §§ 31-15-103 and 31-16-101. (2) For the legislative declaration contained in the 1994 act amending subsections (4) and (5), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative Colorado Revised Statutes 2019 Page 134 of 584 Uncertified Printout declaration contained in the 2002 act amending subsection (6), see section 1 of chapter 318, Session Laws of Colorado 2002. 13-10-114. Trial by jury. (1) In any action before municipal court in which the defendant is entitled to a jury trial by the constitution or the general laws of the state, such party shall have a jury upon request. The jury shall consist of three jurors unless, in the case of a trial for a petty offense, a greater number, not to exceed six, is requested by the defendant. (2) In municipalities having less than five thousand population, juries may be summoned by the issuance of venire to a police officer or marshal. In municipalities having a population of five thousand or more, juries shall be selected from a jury list as is provided for courts of record. (3) Jurors shall be paid the sum of six dollars per day for actual jury service and three dollars for each day of service on the jury panel alone; except that the governing body of a municipality may, by resolution or ordinance, set higher or lower fees for attending its municipal court. (4) For the purposes of this section, a defendant waives his or her right to a jury trial under subsection (1) of this section unless, within twenty-one days after entry of a plea, the defendant makes a request to the court for a jury trial, in writing, and tenders to the court a fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant. If the action is dismissed or the defendant is acquitted of the charge, or if the defendant having paid the jury fee files with the court at least seven days before the scheduled trial date a written waiver of jury trial, the jury fee shall be refunded. (5) At the time of arraignment for any petty offense in this state, the judge shall advise any defendant not represented by counsel of the defendant's right to trial by jury; of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, request such trial by jury within twenty-one days after entry of a plea, in writing; of the number of jurors allowed by law; and of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, tender to the court within twenty-one days after entry of a plea a jury fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant. Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-12. L. 70: p. 150, § 3. L. 83: (4) amended, p. 615, § 1, effective July 1. L. 88: (3) amended, p. 1124, § 1, effective April 4. L. 2005: (4) and (5) amended, p. 428, § 10, effective July 28. L. 2012: (4) and (5) amended, (SB 12-175), ch. 208, p. 823, § 4, effective July 1. 13-10-114.5. Representation by counsel - independent indigent defense - definition. (1) At the time of first appearance on a municipal charge, if the defendant is in custody and the charged offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S., the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel. (2) If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines Colorado Revised Statutes 2019 Page 135 of 584 Uncertified Printout that the defendant is indigent and the charged offense includes a possible sentence of incarceration. (3) (a) On and after January 1, 2020, each municipality shall provide independent indigent defense for each indigent defendant charged with a municipal code violation for which there is a possible sentence of incarceration. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel. (b) (I) Because the office of alternate defense counsel created in section 21-2-101 is an independent system of indigent defense overseen by an independent commission, provision of indigent defense by lawyers evaluated or overseen by the office of alternate defense counsel satisfies the requirement described in subsection (3)(a) of this section. (II) Because a legal aid clinic at any Colorado law school accredited by the American bar association is an independent system of indigent defense overseen by the dean of the law school with which it is affiliated, any provision or oversight of indigent defense through a legal aid clinic associated with any Colorado law school accredited by the American bar association satisfies the requirement described in subsection (3)(a) of this section. (c) To satisfy the requirement described in subsection (3)(a) of this section, a municipality that contracts directly with one or more defense attorneys to provide counsel to indigent defendants shall ensure that: (I) The process to select indigent defense attorneys is transparent and based on merit; and (II) Each contracted indigent defense attorney is periodically evaluated by an independent entity for competency and independence. The municipality shall evaluate each newly hired defense attorney as soon as practicable but no later than one year after he or she is hired. Otherwise, the municipality shall evaluate each defense attorney at least every three years. An independent entity that evaluates defense attorneys pursuant to this subsection (3)(c)(II) shall provide evaluation results and any recommendations for corrective action in writing to the municipality. For the purpose of this subsection (3), "independent entity" means: (A) The office of alternate defense counsel; (B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including any municipal judge, prosecutor, or indigent defense attorney; or (C) A local or regional independent indigent defense commission, as described in subsection (3)(d) of this section. (d) (I) To satisfy the requirement described in subsection (3)(a) of this section, a municipality may establish a local independent indigent defense commission or coordinate with one or more other municipalities to establish a regional independent indigent defense commission. Any local or regional independent indigent defense commission in existence as of January 1, 2018, is deemed to be in compliance with this subsection (3)(d) and may continue as established. (II) Each local or regional independent indigent defense commission must include at least three members, each of whom is selected by the chief municipal judge in consultation with the Colorado criminal defense bar, the office of alternate defense counsel, or the office of the state public defender. Prior to serving on a commission, any commission member who is Colorado Revised Statutes 2019 Page 136 of 584 Uncertified Printout selected by a chief municipal judge must be approved by the office of alternate defense counsel. The office of alternate defense counsel shall approve such appointed commission members whom the office, in its discretion, deems likely to promote the provision of competent and independent indigent defense. (III) The terms and procedures for the members of a local or regional independent indigent defense commission must be determined by the municipality or municipalities that establish the independent indigent defense commission. (IV) A local or regional independent indigent defense commission established pursuant to this subsection (3)(d) has the responsibility and exclusive authority to appoint indigent defense counsel for a term of at least one year or more to be served until a successor is appointed. The independent indigent defense commission retains sole authority to supervise the indigent defense counsel and discharge him or her for cause. (V) A local or regional independent indigent defense commission, through its ability to supervise, appoint, and discharge the indigent defense counsel, shall ensure that indigent defendants accused of violations of municipal ordinances for which there is a possible sentence of incarceration are represented independently of any political considerations or private interests, that such indigent defendants receive legal services that are commensurate with those available to nonindigent defendants, and that municipal indigent defense attorneys provide representation in accordance with the Colorado rules of professional conduct and the American bar association standards relating to the administration of criminal justice. (VI) A local or regional independent indigent defense commission shall not interfere with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases. (VII) A local or regional independent indigent defense commission shall make recommendations to its municipality or municipalities regarding the provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances. (VIII) The members of an independent indigent defense commission shall serve without compensation; except that a municipality that establishes a local independent indigent defense commission or that coordinates with one or more other municipalities to establish a regional independent indigent defense commission shall reimburse the members of the commission for actual and reasonable expenses incurred in the performance of their duties. Source: L. 2016: Entire section added, (HB 16-1309), ch. 366, p. 1540, § 2, effective July 1, 2018. L. 2018: (3) added, (SB 18-203), ch. 354, p. 2110, § 1, effective August 8. Editor's note: Section 1 of House Bill 17-1316 changed the effective date of this section from May 1, 2017, to July 1, 2018. (See L. 2017, p. 607). Cross references: For the legislative declaration in HB 16-1309, see section 1 of chapter 366, Session Laws of Colorado 2016. 13-10-115. Fines and costs. All fines and costs collected or received by the municipal court shall be reported and paid monthly, or at such other intervals as may be provided by an Colorado Revised Statutes 2019 Page 137 of 584 Uncertified Printout ordinance of the municipality, to the treasurer of the municipality and deposited in the general fund of the municipality. Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-13. 13-10-115.5. Expungement of juvenile delinquent records - definition. (1) (a) For the purposes of this section, "expungement" is defined in section 19-1-103 (48). Upon the entry of an expungement order by a municipal court, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile municipal court record. The person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. (b) The court, law enforcement agency, and all other agencies shall reply to any inquiry regarding an expunged record that no record exists with respect to the person named in the record, unless information may be shared with the inquiring party pursuant to subsection (3) of this section. (2) (a) If a juvenile is sentenced by a municipal court, the municipal court, at sentencing, shall provide the juvenile and any respondent parent or guardian with a written advisement of the right to expungement and the time period and process for expunging the record. The municipal court may provide the notice through a municipal diversion program, the city attorney, or a municipal probation program. (b) Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. (c) A prosecuting attorney shall not require as a condition of a plea agreement that a juvenile waive his or her right to expungement pursuant to this section upon the completion of the juvenile's sentence. (d) Prior to the court ordering any records expunged, the court shall determine whether the juvenile has any actions pending before the municipal court, and, if the court determines that there is an action pending against the juvenile, the court shall stay the petition for expungement proceedings until the resolution of the pending case. (3) (a) After expungement, basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear in the records, are not open to the public but are available to a prosecuting attorney, local law enforcement agency, the department of human services, the state and municipal judicial departments, and the victim, as defined in section 24-4.1-302 (5); except that such information is not available to an agency of the military forces of the United States. (b) Notwithstanding any order for expungement pursuant to this section, any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person whose record was expunged is charged with an offense as either a juvenile or as an adult. A new criminal, delinquency, or municipal charge may not be brought against the juvenile based upon information gained initially or solely from examination of the expunged records. (c) Notwithstanding an order for expungement pursuant to this section, any criminal justice record of a juvenile who has been charged, adjudicated, or convicted of any offense must Colorado Revised Statutes 2019 Page 138 of 584 Uncertified Printout be available for use by the juvenile, the juvenile's attorney, a prosecuting attorney, any law enforcement agency, or any agency of the state or municipal judicial departments in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. (d) Notwithstanding any order for expungement issued pursuant to this section, nothing prevents the prosecuting attorney, including the staff of a prosecuting attorney's office, a victim or witness assistance program, a law enforcement agency, or law enforcement victim assistance program, from discussing with the victim the case, the results of any expungement proceedings, information regarding restitution, and information related to any victim services available to the victim as defined in section 24-4.1-302 (5), but copies of expunged records must not be provided to the victim. The victim may petition the court and request that a copy of the expunged records be provided to the victim. If the court finds that there are compelling reasons for the release, a copy of the expunged records may be released to the victim. If the court orders the release of a copy of the expunged records to the victim, the court must issue a protective order regarding the use of the expunged records. (e) Notwithstanding any order for expungement issued pursuant to this section, any information, including police affidavits and reports and records related to any prior conviction or adjudication, are available without court order to the persons, government agencies, or entities allowed access to or allowed to exchange such information pursuant to section 19-1-303 for the purposes described therein. Any person who knowingly violates the confidentiality provisions of section 19-1-303 is subject to the penalty in section 19-1-303 (4.7). (4) (a) In a juvenile municipal case where no natural person is listed as a victim, the municipal court shall order all records in the juvenile municipal case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged within forty-two days after the conclusion of the case. (b) In a juvenile municipal case where a natural person is listed as a victim, the municipal court shall send notice on the date the sentence is completed to the prosecuting attorney that all records in a case charging a juvenile with a violation of a municipal code or ordinance, excluding offenses charged pursuant to title 42, all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization will be expunged forty-two days after completion of the municipal sentence. (c) If the prosecuting attorney does not file an objection within forty-two days after receipt of the notice from the court pursuant to subsection (4)(b) of this section, the municipal court shall order all records related to the case and charges in the custody of any other agency, person, company, or organization expunged. (d) If the prosecuting attorney files an objection within forty-two days after receipt of the notice by the court pursuant to subsection (4)(b) of this section, the court shall schedule a hearing on the issue of expungement. The court shall notify the prosecuting attorney of the hearing date. (e) If a hearing is scheduled pursuant to subsection (4)(d) of this section, the court shall send notice to the last-known address of the juvenile notifying the juvenile of the date of the hearing and of the juvenile's right to appear at the hearing and to present evidence to the court in writing prior to the hearing and in person at the hearing. The notice must indicate that, at the hearing, the court will consider whether the juvenile has been rehabilitated and whether the Colorado Revised Statutes 2019 Page 139 of 584 Uncertified Printout expungement is in the best interests of the juvenile and the community. The juvenile is not required to appear at the hearing. (f) At a hearing held pursuant to this subsection (4), the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged if the juvenile has successfully completed the sentence, or the municipal court case is closed, unless the court finds, by clear and convincing evidence, that the juvenile has not been rehabilitated and that expungement is not in the best interests of the juvenile or the community. If the court enters an order denying expungement of the records, the juvenile shall have the right to appeal to the district court, and all fees related to the appeal must be waived. (g) The municipal court shall, on the first day of every month, review all juvenile municipal court files for that same month for the previous two years that resulted in a finding of not guilty or guilty or resulted in diversion, deferred adjudication, dismissal, or other disposition or resolution, and enter an expungement order for all juveniles eligible for expungement pursuant to this subsection (4) if the expungement order was not previously made. (h) Unless a hearing has taken place and findings made pursuant to subsection (4)(f) of this section, the court shall order all records related to the municipal case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged pursuant to this subsection (4) if the court finds that the sentence has been completed or the municipal court case is closed. (i) With the victim's consent, or if there is no named victim, the prosecuting attorney may agree at the time of a plea that there will be no objection to expungement upon the completion of the juvenile's sentence. In such a case, the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged upon completion of the juvenile's sentence. A hearing is not required. (5) Notwithstanding the provisions of subsection (4) of this section, a municipal court shall not expunge the record of a person who is charged, adjudicated, or convicted of any traffic offense or traffic infraction pursuant to title 42 or a corresponding municipal traffic code. (6) Upon the entry of an order expunging a record pursuant to this section, the court shall order, in writing, the expungement of all case records in the custody of the court and any records related to the case and charges in the custody of any other agency, person, company, or organization. The court may order expunged any records, but, at a minimum, the following records must be expunged pursuant to every expungement order: (a) All court records; (b) All records retained within the office of the prosecuting attorney; (c) All probation and parole records; (d) All law enforcement records; (e) All division of youth services records and jail records if the juvenile was detained in a division of youth services facility or in a jail; (f) All department of human services records; and (g) References to the municipal case or charge contained in the school records. (7) (a) When an expungement order is issued pursuant to this section, the court shall send a copy of the order to the juvenile, the juvenile's last attorney of record, the prosecuting attorney, the law enforcement agency or agencies that investigated the case, and the Colorado Colorado Revised Statutes 2019 Page 140 of 584 Uncertified Printout bureau of investigation directing the entity to expunge its records within thirty-five days after the receipt of the order. (b) The court shall also send a copy of the order to the municipal probation department if the juvenile was placed on municipal probation at any point during the case, the division of youth services if the juvenile was sentenced or ordered to any period of detention in a division of youth services facility by the municipal court, and the jail if the juvenile was held in or sentenced to time in a jail by the municipal court, directing the entity to expunge the records in its custody as soon as practicable but no later than ninety days after the receipt of the order. (c) The juvenile, the juvenile's attorney, or the juvenile's parent or legal guardian may provide to the court, within seven days after the completion of the sentence or the case being closed, a list of all agency custodians that may have custody of any records subject to the expungement order. At no cost to the juvenile, the court shall send a copy of the expungement order to the agency, person, company, or organization, as requested, directing the entity to expunge its records within thirty-five days. Additionally, the juvenile or his or her parent or guardian may also provide a copy of the order to any other custodian of records subject to the order. (d) Each entity described in this subsection (7) that is in possession of such records shall expunge the records in its custody as directed by the order. (e) The person who is the subject of records expunged pursuant to this section may petition the court to permit inspection of the records held by persons named in the order, and the court may so order. (8) Any agency, person, company, or organization that violates this section and knew that the records in question were subject to an expungement order may be subject to criminal and civil contempt of court and may be punished by a fine. (9) Employers; educational institutions; landlords; and state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. In answer to any question concerning arrest or juvenile and criminal records information that has been expunged, an applicant need not include a reference to or information concerning the expunged information and may state that no record exists. An application may not be denied solely because of the applicant's refusal to disclose records or information that has been expunged. (10) Nothing in this section authorizes the physical destruction of any juvenile or criminal justice record. Source: L. 2019: Entire section added, (HB 19-1335), ch. 304, p. 2785, § 2, effective May 28. 13-10-116. Appeals. (1) Appeals may be taken by any defendant from any judgment of a municipal court which is not a qualified municipal court of record to the county court of the county in which such municipal court is located, and the cause shall be tried de novo in the appellate court. (2) Appeals taken from judgments of a qualified municipal court of record shall be made to the district court of the county in which the qualified municipal court of record is located. The practice and procedure in such case shall be the same as provided by section 13-6-310 and applicable rules of procedure for the appeal of misdemeanor convictions from the county court Colorado Revised Statutes 2019 Page 141 of 584 Uncertified Printout to the district court, and the appeal procedures set forth in this article shall not apply to such case. (3) No municipality shall have any right to appeal from any judgment of a municipal court, not of record, concerning a violation of any charter provision or ordinance, but this subsection (3) shall not be construed to prevent a municipality from maintaining any action to construe, interpret, or determine the validity of any ordinance or charter provision involved in such proceeding. Nothing in this subsection (3) shall be construed to prevent a municipality from appealing any question of law arising from a proceeding in a qualified municipal court of record. (4) If, in any municipal court, a defendant is denied a jury trial to which he is entitled under section 13-10-114, he is entitled to a trial by jury under section 16-10-109, C.R.S., and to a trial de novo upon application therefor on appeal. (5) Notwithstanding any provision of law to the contrary, if confinement of a child is ordered pursuant to a contempt conviction as set forth in section 13-10-113 (4), appeal shall be to the juvenile court for the county in which the municipal court is located. Such appeals shall be advanced on the juvenile court's docket to the earliest possible date. Procedures applicable to such appeals shall be in the same manner as provided in subsections (1) and (2) of this section for appeals to the county court. Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-14. L. 70: p. 151, § 4. L. 72: p. 267, § 3. L. 77: (3) amended, p. 794, § 4, effective June 3. L. 81: (5) added, p. 882, § 3, effective July 1. L. 85: (1), (2), and (5) amended, p. 570, § 6, effective November 14, 1986. 13-10-117. Time - docket fee - bond. Appeals may be taken within fourteen days after entry of any judgment of a municipal court. No appeal shall be allowed until the appellant has paid to the clerk of the municipal court one dollar and fifty cents as a fee for preparing the transcript of record on appeal. If the municipal court is a court of record, the clerk of the municipal court is entitled to the same additional fees for preparing the record, or portions thereof designated, as is the clerk of the county court on the appeal of misdemeanors, but said fees shall be refunded to the defendant if the judgment is set aside on appeal. No stay of execution shall be granted until the appellant has executed an approved bond as provided in sections 13-10-120 and 13-10-121. Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-15. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 824, § 5, effective July 1. 13-10-118. Notice - scope. (1) Appeals may be taken by filing with the clerk of the municipal court a notice of appeal, in duplicate. The notice of appeal shall set forth the title of the case; the name and address of the appellant and appellant's attorney, if any; identification of the offense or violation of which the appellant was convicted; a statement of the judgment, including its date and any fines or sentences imposed; and a statement that the appellant appeals from the judgment. The notice of appeal shall be signed by the appellant or his attorney. (2) The taking of an appeal shall not permit the retrial of any matter of which the appellant has been acquitted, or any conjoined charge from the conviction of which he does not seek to appeal. Colorado Revised Statutes 2019 Page 142 of 584 Uncertified Printout Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-16. 13-10-119. Certification to appellate court. Upon payment of the fee provided in section 13-10-117, and filing of notice as provided in section 13-10-118, the original papers in the municipal court file, together with a transcript of the record of the municipal court, and a duplicate notice of appeal shall be certified to the appropriate appellate court pursuant to section 13-10-116 by the municipal court. Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-17. L. 81: Entire section amended, p. 883, § 4, effective July 1. 13-10-120. Bond - approval of sureties - forfeitures. (1) When an appellant desires to stay the judgment of the municipal court, he shall execute a bond to the municipality in which the municipal court is located, in such penal sum as may be fixed by the municipal court, and in such form and with sureties qualified as the municipality may, by ordinance, designate. (2) Sureties shall be approved by a judge of the municipal court from which the appeal is taken. (3) The amount of bond shall not exceed double the amount of the judgment for fines and costs, plus an amount commensurate with any jail sentence, which latter amount shall be not less than fifty dollars nor more than a sum equal to two dollars for each day of jail sentence imposed. Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-18. 13-10-121. Conditions of bond - forfeiture - release. (1) The bond shall be conditioned that the appellant will duly prosecute such appeal and satisfy any judgment that may be rendered upon trial of the case in the appropriate appellate court to which appeal is taken pursuant to section 13-10-116 and that the appellant will surrender himself in satisfaction of such judgment if that is required. (2) If the bond is forfeited, the appellate court, upon motion of the municipality, shall enter judgment against the appellant and sureties on the bond for the amount of such bond. The appellate court, with the consent of the municipality, shall enter judgment against the appellant and sureties on the bond for the amount of such bond. The appellate court, with the consent of the municipality, may set aside or modify the judgment. (3) Any municipality may provide by ordinance such other bond terms and conditions as are not inconsistent with the provisions of this article. The filing of such bond or any notice thereof of record shall not constitute any lien against any property of the sureties. (4) When the condition of the bond has been satisfied or the forfeiture thereof set aside or remitted, the municipal court shall exonerate the obligors and release the bond. At any time before final judgment in the appellate court, a surety may be exonerated by a deposit of cash in the amount of the bond or by timely surrender of the appellant into custody. Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-19. L. 81: (1), (2), and (4) amended, p. 883, § 5, effective July 1. Colorado Revised Statutes 2019 Page 143 of 584 Uncertified Printout 13-10-122. Docket fee - dismissal. The appellant shall pay a docket fee as provided by law to the clerk of the appellate court, within fourteen days from the date he or she ordered the transcript of record. If he or she does not do so, his or her appeal may be dismissed on motion of the municipality. Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-20. L. 81: Entire section amended, p. 883, § 6, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 824, § 6, effective July 1. 13-10-123. Procedendo on dismissal. Upon dismissal of an appeal, the clerk of the appellate court shall at once issue a procedendo to the municipal court from the judgment on which appeal was taken, to the amount of the judgment and all costs incurred before the municipal court. Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-21. L. 81: Entire section amended, p. 883, § 7, effective July 1. 13-10-124. Action on bond in name of municipality. Action may be instituted upon any bond under this article in the name of the municipality in whose favor it is executed. Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-22. 13-10-125. Judgment. Upon trial de novo of the case on appeal to the appellate court, if a jury has been demanded, the duties of the jurors shall be to determine only whether the appellant has violated the ordinance charged. Upon a verdict of guilty, the judge shall then hear and consider any material facts in mitigation or aggravation of the offense and shall impose a penalty as provided by ordinance. Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-23. L. 81: Entire section amended, p. 884, § 8, effective July 1. 13-10-126. Prostitution offender program authorized - reports. (1) Subject to the provisions of this section, a municipal or county court, or multiple municipal or county courts, may create and administer a program for certain persons who are charged with soliciting for prostitution, as described in section 18-7-202, C.R.S., patronizing a prostitute, as described in section 18-7-205, C.R.S., or any corresponding municipal code or ordinance. (2) A program created and administered by a municipal or county court or multiple municipal or county courts pursuant to subsection (1) of this section must: (a) Permit enrollment in the program only by an offender who either: (I) (A) Has no prior convictions or any charges pending for any felony; for any offense described in section 18-3-305, 18-3-306, or 18-13-128, C.R.S., in part 4 or 5 of article 3 of title 18, C.R.S., in part 3, 4, 6, 7, or 8 of article 6 of title 18, C.R.S., in section 18-7-203 or 18-7-206, C.R.S., or in part 3, 4, or 5 of article 7 of title 18, C.R.S.; or for any offense committed in another state that would constitute such an offense if committed in this state; and Colorado Revised Statutes 2019 Page 144 of 584 Uncertified Printout (B) Has been offered and has agreed to a deferred sentencing arrangement as described in subsection (3) of this section; or (II) (A) Has at least one prior conviction for any offense described in section 18-7-201, 18-7-202, 18-7-204, 18-7-205, or 18-7-207, C.R.S.; or for any offense committed in another state that would constitute such an offense if committed in this state; and (B) Has been sentenced by a court to complete the program as part of the penalty imposed for a subsequent conviction for soliciting for prostitution, as described in section 18-7202, C.R.S., patronizing a prostitute, as described in section 18-7-205, C.R.S., or any corresponding municipal code or ordinance. (b) Permit the court or courts to require each offender who enrolls in the program to pay an administration fee, which fee the court or courts shall use to pay the costs of administering the program; (c) To the extent practicable, be available to offenders, courts, and prosecutors of other jurisdictions; and (d) Be administered by the court or courts with assistance from one or more municipal prosecutor's offices, one or more district attorney's offices, one or more state or local law enforcement agencies, and one or more nonprofit corporations, as defined in section 7-121-401, C.R.S., which nonprofit corporations have a stated mission to reduce human trafficking or prostitution. The court or courts are encouraged to consult, in addition to the aforementioned entities, recognized criminology experts and mental health professionals. (3) (a) Enrollment in the program shall be offered to each offender at the sole discretion of the prosecuting attorney in each offender's case. (b) If the prosecuting attorney offers enrollment in the program to an offender as a condition of a plea bargain agreement as described in subparagraph (I) of paragraph (a) of subsection (2) of this section, the agreement shall include at a minimum the following stipulations: (I) The offender shall enter a plea of guilty to the prostitution-related offense or offenses with which he or she is charged; (II) The court shall defer judgment and sentencing of the offender for a period not to exceed two years, as described in section 18-1.3-102 (1), C.R.S., during which time the offender shall enroll in and complete the program and may be required to pay an administration fee, as described in paragraph (b) of subsection (2) of this section; (III) Upon the offender's satisfactory completion of the program, the court shall dismiss with prejudice the prostitution-related charge or charges; (IV) The offender shall waive his or her right to a speedy trial; and (V) If the offender fails to complete the program or fails to satisfy any other condition of the plea bargain agreement, he or she shall be sentenced for the offenses to which he or she has pleaded guilty and shall be required to pay a fine of not less than two thousand five hundred dollars and not more than five thousand dollars, or the maximum amount available to a municipal or county court, in the discretion of the court, in addition to any other sentence imposed by the court. (c) If the prosecuting attorney offers enrollment in the program to an offender pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this section and the offender fails to complete the program, the offender shall be required to pay a fine of not less than two thousand five hundred dollars and not more than five thousand dollars, or the maximum amount available Colorado Revised Statutes 2019 Page 145 of 584 Uncertified Printout to the municipal or county court, in the discretion of the court, in addition to any other sentence imposed by the court. (4) If a municipal or county court or multiple municipal or county courts create and administer a program pursuant to subsection (1) of this section, the court or courts shall prepare and submit a report to the judiciary committees of the house of representatives and senate, or any successor committees, concerning the effectiveness of the program. The court or courts shall submit the report not less than two years nor more than three years after the creation of the program. The report shall include information concerning: (a) The cost of the program and the extent to which the cost is mitigated by the imposition of the fees described in paragraph (b) of subsection (2) of this section; and (b) The effectiveness of the program in reducing recidivism among persons who commit prostitution-related offenses. Source: L. 2011: Entire section added, (SB 11-085), ch. 257, p. 1126, § 2, effective August 10. L. 2013: (2)(a)(II)(A) amended, (HB 13-1166), ch. 59, p. 195, § 3, effective August 7. L. 2016: IP(2) and (2)(a)(I)(A) amended, (SB 16-146), ch. 230, p. 914, § 5, effective July 1. Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 257, Session Laws of Colorado 2011. CIVIL PROTECTION ORDERS ARTICLE 14 Civil Protection Orders Law reviews: For article, "Civil Restraining Orders Pursuant to CRS §§ 13-14-100.2 et seq.: A Practitioner's Guide", see 43 Colo. Law. 63 (Aug. 2014). 13-14-100.2. Legislative declaration. (1) The general assembly hereby finds that the issuance and enforcement of protection orders are of paramount importance in the state of Colorado because protection orders promote safety, reduce violence and other types of abuse, and prevent serious harm and death. In order to improve the public's access to protection orders and to ensure careful judicial consideration of requests and effective law enforcement, there shall be two processes for obtaining protection orders within the state of Colorado, a simplified civil process and a mandatory criminal process. (2) The general assembly further finds and declares that domestic abuse is not limited to physical threats of violence and harm but also includes mental and emotional abuse, financial control, document control, property control, and other types of control that make a victim more likely to return to an abuser due to fear of retaliation or inability to meet basic needs. Many victims of domestic abuse are unable to access the resources necessary to seek lasting safety options. Victims need additional provisions in protection orders so that they can meet their immediate needs of food, shelter, transportation, medical care, and childcare for their appearance at protection order hearings. These needs may exist not only in cases that may end in dissolution of marriage but also in other circumstances, including cases in which reconciliation may occur. Colorado Revised Statutes 2019 Page 146 of 584 Uncertified Printout (3) Additionally, the general assembly finds and declares that sexual assault affects Coloradans of all ages, backgrounds, and circumstances and is one of the most under-reported of all crimes. Sexual violence may occur in any type of relationship; however, the majority of sexual assault is perpetrated by someone whom the victim knows. Victims of sexual assault who do not report the crime, as well as victims who do report but whose case is not prosecuted, still need and deserve protection from future interactions with the perpetrator, as many victims experience long-lasting physical and emotional trauma from unwanted contact with the perpetrator. (4) Finally, the general assembly finds and declares that stalking is a dangerous, highrisk crime that frequently escalates over time and that sometimes leads, tragically, to sexual assault or homicide. Countless youth and adults in Colorado have faced the fear, isolation, and danger of being victims of stalking, and many of these incidents go unreported and are not prosecuted. While stalking behaviors may appear innocuous to outside observers, the victims often endure intense physical and emotional distress that affects all aspects of their lives and are more likely than others to express anxiety, depression, and social dysfunction. Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1001, § 5, effective July 1. Editor's note: This section is similar to former § 13-14-102 (1) as it existed prior to 2013. 13-14-101. Definitions. For purposes of this article, unless the context otherwise requires: (1) "Abuse of the elderly or of an at-risk adult" means mistreatment of a person who is sixty years of age or older or who is an at-risk adult as defined in section 26-3.1-101 (1), C.R.S., including but not limited to repeated acts that: (a) Constitute verbal threats or assaults; (b) Constitute verbal harassment; (c) Result in the inappropriate use or the threat of inappropriate use of medications; (d) Result in the inappropriate use of physical or chemical restraints; (e) Result in the misuse of power or authority granted to a person through a power of attorney or by a court in a guardianship or conservatorship proceeding that results in unreasonable confinement or restriction of liberty; or (f) Constitute threats or acts of violence against, or the taking, transferring, concealing, harming, or disposing of, an animal owned, possessed, leased, kept, or held by the elderly or atrisk adult, which threats or acts are intended to coerce, control, punish, intimidate, or exact revenge upon the elderly or at-risk adult. (1.5) "Adult" means a person eighteen years of age or older. (1.7) "Contact" or "contacting" means any interaction or communication with another person, directly or indirectly through a third party, and electronic and digital forms of communication, including but not limited to interaction or communication through social media. (2) "Domestic abuse" means any act, attempted act, or threatened act of violence, stalking, harassment, or coercion that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived Colorado Revised Statutes 2019 Page 147 of 584 Uncertified Printout in the same domicile, or with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship. For purposes of this subsection (2), "coercion" includes compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has a right or privilege to engage. "Domestic abuse" may also include any act, attempted act, or threatened act of violence against: (a) The minor children of either of the parties; or (b) An animal owned, possessed, leased, kept, or held by either of the parties or by a minor child of either of the parties, which threat, act, or attempted act is intended to coerce, control, punish, intimidate, or exact revenge upon either of the parties or a minor child of either of the parties. (2.2) "Minor child" means a person under eighteen years of age. (2.3) "Protected person" means the person or persons identified in a protection order as the person or persons for whose benefit the protection order was issued. (2.4) (a) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing any protected person or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by a protected person, or any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court and that is issued pursuant to: (I) This article, section 18-1-1001, C.R.S., section 19-2-707, C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil procedure; (II) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004; (III) An order issued as part of the proceedings concerning a criminal municipal ordinance violation; or (IV) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing a person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening to harm an animal owned, possessed, leased, kept, or held by a person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises. (b) For purposes of this article only, "protection order" includes any order that amends, modifies, supplements, or supersedes the initial protection order. "Protection order" also includes any emergency protection order, as described in section 13-14-103, any restraining order entered prior to July 1, 2003, and any foreign protection order as defined in section 13-14-110. (2.8) "Restrained person" means a person identified in a protection order as a person prohibited from doing a specified act or acts. (2.9) "Sexual assault or abuse" means any act, attempted act, or threatened act of unlawful sexual behavior, as described in section 16-11.7-102 (3), C.R.S., by any person against another person regardless of the relationship between the actor and the petitioner. Colorado Revised Statutes 2019 Page 148 of 584 Uncertified Printout (3) "Stalking" means any act, attempted act, or threatened act of stalking as described in section 18-3-602, C.R.S. Source: L. 99: Entire article added, p. 495, § 1, effective July 1. L. 2000: (3) amended, p. 1012, § 3, effective July 1. L. 2003: IP(1) amended and (2.3), (2.4), and (2.8) added, p. 995, § 1, effective July 1. L. 2004: (1.5) and (2.2) added and (2.4) amended, p. 544, § 1, effective July 1. L. 2010: (1)(e), (2), IP(2.4)(a), and (2.4)(a)(IV) amended and (1)(f) added, (SB 10-080), ch. 78, p. 264, § 1, effective July 1; (3) amended, (HB 10-1233), ch. 88, p. 295, § 3, effective August 11. L. 2013: (1.7) and (2.9) added and (2), IP(2.4)(a), (2.4)(a)(IV), (2.4)(b), and (3) amended, (HB 13-1259), ch. 218, p. 1002, § 6, effective July 1. 13-14-102. Civil protection orders - legislative declaration. (Repealed) Source: L. 99: Entire article added, p. 496, § 1, effective July 1. L. 2000: IP(1), (5), and (6) amended, (2.5) added, and (19) repealed, pp. 1012, 1013, §§ 4, 5, 6, effective July 1; (16) and (17) amended, p. 1538, § 5, effective July 1. L. 2002: (4) amended, p. 323, § 1, effective April 19; (9)(b) amended and (17.5) added, p. 491, § 1, effective July 1; (11) amended and (21) added, p. 1143, § 1, effective July 1. L. 2003: IP(1), (1)(c), (2), (3) to (9), (12), (13), (14), IP(15), (17.5), (18), and (21) amended, p. 996, § 2, effective July 1. L. 2004: (1), (5), (7), (8)(b), (8)(c), (9), (10), IP(15), (15)(e), and (20) amended and (1.5), (3.3), and (3.7) added, p. 545, § 2, effective July 1; (17.5)(b)(II) amended, p. 74, § 1, effective September 1. L. 2007: (1) amended and (15)(g) added, pp. 940, 941, §§ 1, 2, effective July 1. L. 2010: (15)(f.2) and (15)(f.4) added, (SB 10-080), ch. 78, p. 265, § 2, effective July 1; (17.5)(e)(III) amended, (HB 10-1422), ch. 419, p. 2068, § 22, effective August 11; (21)(a) and (21)(b) amended, (HB 10-1233), ch. 88, p. 296, § 4, effective August 11. L. 2013: (22) added, (SB 13-197), ch. 366, p. 2130, § 3, effective June 5; entire section repealed, (HB 13-1259), ch. 218, p. 1004, § 7, effective July 1. 13-14-103. Emergency protection orders. (1) (a) Any county or district court shall have the authority to enter an emergency protection order pursuant to the provisions of this subsection (1). (b) An emergency protection order issued pursuant to this subsection (1) may include: (I) Restraining a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing any other party, a minor child of either of the parties, or a minor child who is in danger in the reasonably foreseeable future of being a victim of an unlawful sexual offense or domestic abuse; (II) Excluding a party from the family home or from the home of another party upon a showing that physical or emotional harm would otherwise result; (III) Awarding temporary care and control of any minor child of a party involved; (IV) Enjoining an individual from contacting a minor child at school, at work, or wherever he or she may be found; (V) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or atrisk adult; or Colorado Revised Statutes 2019 Page 149 of 584 Uncertified Printout (VI) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or atrisk adult. (c) In cases involving a minor child, the juvenile court and the district court have the authority to issue emergency protection orders to prevent an unlawful sexual offense, as defined in section 18-3-411 (1), or to prevent domestic abuse, as defined in section 13-14-101 (2), when requested by the local law enforcement agency, the county department of human or social services, or a responsible person who asserts, in a verified petition supported by affidavit, that there are reasonable grounds to believe that a minor child is in danger in the reasonably foreseeable future of being the victim of an unlawful sexual offense or domestic abuse, based upon an allegation of a recent actual unlawful sexual offense or domestic abuse or threat of the same. Any emergency protection order issued pursuant to this subsection (1) must be on a standardized form prescribed by the judicial department, and a copy must be provided to the protected person. (d) The chief judge in each judicial district shall be responsible for making available in each judicial district a judge to issue, by telephone, emergency protection orders at all times when the county and district courts are otherwise closed for judicial business. Such judge may be a district court or county court judge or a special associate, an associate, an assistant county judge, or a magistrate. (e) When the county, district, and juvenile courts are unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week and a peace officer asserts reasonable grounds to believe that an adult is in immediate and present danger of domestic abuse, assault, stalking, sexual assault or abuse, or that a minor child is in immediate and present danger of an unlawful sexual offense, as defined in section 183-411 (1), C.R.S., or of domestic abuse, as defined in section 13-14-101 (2), a judge made available pursuant to paragraph (d) of this subsection (1) may issue a written or verbal ex parte emergency protection order. Any written emergency protection order issued pursuant to this subsection (1) shall be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected person. (f) An emergency protection order issued pursuant to this subsection (1) shall expire not later than the close of judicial business on the next day of judicial business following the day of issue, unless otherwise continued by the court. The court may continue an emergency protection order filed to prevent abuse pursuant to this subsection (1) only if the judge is unable to set a hearing on plaintiff's request for a temporary protection order on the day the complaint was filed pursuant to section 13-14-104.5; except that this limitation on a court's power to continue an emergency protection order shall not apply to an emergency protection order filed to protect a minor child from an unlawful sexual offense or domestic abuse. For any emergency protection order continued pursuant to the provisions of this paragraph (f), following two days' notice to the party who obtained the emergency protection order or on such shorter notice to said party as the court may prescribe, the adverse party may appear and move its dissolution or modification. The motion to dissolve or modify the emergency protection order shall be set down for hearing at the earliest possible time and shall take precedence over all matters except older matters of the same character, and the court shall determine such motions as expeditiously as the ends of justice require. Colorado Revised Statutes 2019 Page 150 of 584 Uncertified Printout (2) (a) A verbal emergency protection order may be issued pursuant to subsection (1) of this section only if the issuing judge finds that an imminent danger in close proximity exists to the life or health of one or more persons or that a danger exists to the life or health of the minor child in the reasonably foreseeable future. (b) Any verbal emergency protection order shall be reduced to writing and signed by the officer or other person asserting the grounds for the order and shall include a statement of the grounds for the order asserted by the officer or person. The officer or person shall not be subject to civil liability for any statement made or act performed in good faith. The emergency protection order shall be served upon the respondent with a copy given to the protected party and filed with the county or district court as soon as practicable after issuance. Any written emergency protection order issued pursuant to this subsection (2) shall be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected person. (3) The court shall electronically transfer into the central registry of protection orders established pursuant to section 18-6-803.7, C.R.S., a copy of any order issued pursuant to this section and shall deliver a copy of such order to the protected party or his or her parent or an individual acting in the place of a parent who is not the respondent. (4) If any person named in an order issued pursuant to this section has not been served personally with such order but has received actual notice of the existence and substance of such order from any person, any act in violation of such order may be deemed sufficient to subject the person named in such order to any penalty for such violation. (5) Venue for filing a complaint pursuant to this section is proper in any county where the acts that are the subject of the complaint occur, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law. (6) A person failing to comply with any order of the court issued pursuant to this section shall be found in contempt of court and, in addition, may be punished as provided in section 186-803.5, C.R.S. (7) At any time that the law enforcement agency having jurisdiction to enforce the emergency protection order has cause to believe that a violation of the order has occurred, it shall enforce the order. If the order is written and has not been personally served, a member of the law enforcement agency shall serve a copy of said order on the person named respondent therein. If the order is verbal, a member of the law enforcement agency shall notify the respondent of the existence and substance thereof. (8) The availability of an emergency protection order shall not be affected by the person seeking protection leaving his or her residence to avoid harm. (9) The issuance of an emergency protection order shall not be considered evidence of any wrongdoing. (10) If three emergency protection orders are issued within a one-year period involving the same parties within the same jurisdiction, the court shall summon the parties to appear before the court at a hearing to review the circumstances giving rise to such emergency protection orders. (11) The duties of peace officers enforcing orders issued pursuant to this section shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said section. Colorado Revised Statutes 2019 Page 151 of 584 Uncertified Printout Source: L. 2004: Entire section added, p. 549, § 3, effective July 1. L. 2010: (1)(b)(III) amended and (1)(b)(V) and (1)(b)(VI) added, (SB 10-080), ch. 78, p. 266, § 3, effective July 1. L. 2013: (1)(b)(I), (1)(b)(V), (1)(e), (1)(f), (5), and (8) amended, (HB 13-1259), ch. 218, p. 1004, § 8, effective July 1. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 398, § 8, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 13-14-104. Foreign protection orders. (Repealed) Source: L. 2004: Entire section added, p. 549, § 3, effective July 1. L. 2013: Entire section repealed, (HB 13-1259), ch. 218, p. 1005, § 9, effective July 1. 13-14-104.5. Procedure for temporary civil protection order. (1) (a) Any municipal court of record, if authorized by the municipal governing body; any county court; and any district, probate, or juvenile court shall have original concurrent jurisdiction to issue a temporary or permanent civil protection order against an adult or against a juvenile who is ten years of age or older for any of the following purposes: (I) To prevent assaults and threatened bodily harm; (II) To prevent domestic abuse; (III) To prevent emotional abuse of the elderly or of an at-risk adult; (IV) To prevent sexual assault or abuse; and (V) To prevent stalking. (b) To be eligible for a protection order, the petitioner does not need to show that he or she has reported the act that is the subject of the complaint to law enforcement, that charges have been filed, or that the petitioner is participating in the prosecution of a criminal matter. (2) Any civil protection order issued pursuant to this section shall be issued using the standardized set of forms developed by the state court administrator pursuant to section 13-1136. (3) Venue for filing a motion or complaint pursuant to this section is proper in any county where the acts that are the subject of the motion or complaint occur, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law. (4) A motion for a temporary civil protection order shall be set for hearing at the earliest possible time, which hearing may be ex parte, and shall take precedence over all matters, except those matters of the same character that have been on the court docket for a longer period of time. The court shall hear all such motions as expeditiously as possible. (5) Any district court, in an action commenced under the "Uniform Dissolution of Marriage Act", article 10 of title 14, C.R.S., shall have authority to issue temporary and permanent protection orders pursuant to the provisions of subsection (1) of this section. Such protection order may be as a part of a motion for a protection order accompanied by an affidavit filed in an action brought under article 10 of title 14, C.R.S. Either party may request the court to issue a protection order consistent with any other provision of this article. Colorado Revised Statutes 2019 Page 152 of 584 Uncertified Printout (6) At the time a protection order is requested pursuant to this section, the court shall inquire about, and the requesting party and such party's attorney shall have an independent duty to disclose, knowledge such party and such party's attorney may have concerning the existence of any prior protection or restraining order of any court addressing in whole or in part the subject matter of the requested protection order. In the event there are conflicting restraining or protection orders, the court shall consider, as its first priority, issues of public safety. An order that prevents assaults, threats of assault, or other harm shall be given precedence over an order that deals with the disposition of property or other tangible assets. Every effort shall be made by judicial officers to clarify conflicting orders. (7) (a) A temporary civil protection order may be issued if the issuing judge or magistrate finds that an imminent danger exists to the person or persons seeking protection under the civil protection order. In determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider all relevant evidence concerning the safety and protection of the persons seeking the protection order. The court shall not deny a petitioner the relief requested because of the length of time between an act of abuse or threat of harm and the filing of the petition for a protection order. The court shall not deny a petitioner the relief requested because a protection order has been issued pursuant to section 18-1-1001 or 18-11001.5. (b) If the judge or magistrate finds that an imminent danger exists to the employees of a business entity, he or she may issue a civil protection order in the name of the business for the protection of the employees. An employer is not be liable for failing to obtain a civil protection order in the name of the business for the protection of the employees and patrons. (8) Upon the filing of a complaint duly verified, alleging that the respondent has committed acts that would constitute grounds for a civil protection order, any judge or magistrate, after hearing the evidence and being fully satisfied therein that sufficient cause exists, may issue a temporary civil protection order to prevent the actions complained of and a citation directed to the respondent commanding the respondent to appear before the court at a specific time and date and to show cause, if any, why said temporary civil protection order should not be made permanent. In addition, the court may order any other relief that the court deems appropriate. Complaints may be filed by persons seeking protection for themselves or for others as provided in section 26-3.1-102 (1)(b) and (1)(c), C.R.S. (9) A copy of the complaint, a copy of the temporary civil protection order, and a copy of the citation must be served upon the respondent and upon the person to be protected, if the complaint was filed by another person, in accordance with the rules for service of process as provided in rule 304 of the rules of county court civil procedure or rule 4 of the Colorado rules of civil procedure. The citation must inform the respondent that, if the respondent fails to appear in court in accordance with the terms of the citation, a bench warrant may be issued for the arrest of the respondent, and the temporary protection order previously entered by the court made permanent without further notice or service upon the respondent. (10) The return date of the citation must be set not more than fourteen days after the issuance of the temporary civil protection order and citation. If the petitioner is unable to serve the respondent in that period, the court shall extend the temporary protection order previously issued, continue the show of cause hearing, and issue an alias citation stating the date and time to which the hearing is continued. The petitioner may thereafter request, and the court may grant, additional continuances as needed if the petitioner has still been unable to serve the respondent. Colorado Revised Statutes 2019 Page 153 of 584 Uncertified Printout (11) (a) Any person against whom a temporary protection order is issued pursuant to this section, which temporary protection order excludes the person from a shared residence, is permitted to return to the shared residence one time to obtain sufficient undisputed personal effects as are necessary for the person to maintain a normal standard of living during any period prior to a hearing concerning the order. The person against whom a temporary protection order is issued is permitted to return to the shared residence only if the person is accompanied at all times by a peace officer while the person is at or in the shared residence. (b) When any person is served with a temporary protection order issued against the person excluding the person from a shared residence, the temporary protection order must contain a notification in writing to the person of the person's ability to return to the shared residence pursuant to paragraph (a) of this subsection (11). The written notification shall be in bold print and conspicuously placed in the temporary protection order. A judge, magistrate, or other judicial officer shall not issue a temporary protection order that does not comply with this section. (c) Any person against whom a temporary protection order is issued pursuant to this section, which temporary protection order excludes the person from a shared residence, may avail himself or herself of the forcible entry and detainer remedies available pursuant to article 40 of this title. However, such person is not entitled to return to the residence until such time as a valid writ of restitution is executed and filed with the court issuing the protection order and, if necessary, the protection order is modified accordingly. A landlord whose lessee has been excluded from a residence pursuant to the terms of a protection order may also avail himself or herself of the remedies available pursuant to article 40 of this title. Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1005, § 10, effective July 1. L. 2018: (7)(a) amended, (SB 18-060), ch. 50, p. 489, § 3, effective November 1. Editor's note: This section is similar to former § 13-14-102 (1.5) to (8) as they existed prior to 2013. 13-14-105. Provisions relating to civil protection orders. (1) A municipal court of record that is authorized by its municipal governing body to issue protection or restraining orders and any county court, in connection with issuing a civil protection order, has original concurrent jurisdiction with the district court to include any provisions in the order that the municipal or county court deems necessary for the protection of persons, including but not limited to orders: (a) Restraining a party from threatening, molesting, or injuring any other party or the minor child of either of the parties; (b) Restraining a party from contacting any other party or the minor child of either of the parties; (c) Excluding a party from the family home upon a showing that physical or emotional harm would otherwise result; (d) Excluding a party from the home of another party upon a showing that physical or emotional harm would otherwise result; (e) (I) Awarding temporary care and control of any minor children of either party involved for a period of not more than one year. Colorado Revised Statutes 2019 Page 154 of 584 Uncertified Printout (II) If temporary care and control is awarded, the order may include parenting time rights for the other party involved and any conditions of such parenting time, including the supervision of parenting time by a third party who agrees to the terms of the supervised parenting time and any costs associated with supervised parenting time, if necessary. If the restrained party is unable to pay the ordered costs, the court shall not place such responsibility with publicly funded agencies. If the court finds that the safety of any child or the protected party cannot be ensured with any form of parenting time reasonably available, the court may deny parenting time. (III) The court may award interim decision-making responsibility of a child to a person entitled to bring an action for the allocation of parental responsibilities under section 14-10-123, C.R.S., when such award is reasonably related to preventing domestic abuse as defined in section 13-14-101 (2), or preventing the child from witnessing domestic abuse. (IV) Temporary care and control or interim decision-making responsibility must be determined in accordance with the standard contained in section 14-10-124, C.R.S. (f) Restraining a party from interfering with a protected person at the person's place of employment or place of education or from engaging in conduct that impairs the protected person's employment, educational relationships, or environment; (g) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party; (h) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party; (i) Granting such other relief as the court deems appropriate; (j) (I) Entering a temporary injunction restraining the respondent from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the respondent has a prior existing duty or legal obligation or from transferring, encumbering, concealing, or in any way disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requiring the restrained party to account to the court for all extraordinary expenditures made after the injunction is in effect. (II) Any injunction issued pursuant to this paragraph (j) is effective upon personal service or upon waiver and acceptance of service by the respondent for a period of time determined appropriate by the court not to exceed one year after the issuance of the permanent civil protection order. (III) The provisions of the injunction must be printed on the summons, and the petition and the injunction become an order of the court upon fulfillment of the requirements of subparagraph (I) of this paragraph (j). (IV) Nothing in this paragraph (j) precludes either party from applying to the district court for further temporary orders, an expanded temporary injunction, or modification or revocation. Any subsequent order issued by the district court as part of a domestic matter involving the parties supersedes an injunction made pursuant to this paragraph (j). (2) Any order for temporary care and control issued pursuant to subsection (1) of this section is governed by the "Uniform Child-custody Jurisdiction and Enforcement Act", article 13 of title 14, C.R.S. Colorado Revised Statutes 2019 Page 155 of 584 Uncertified Printout Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1008, § 11, effective July 1. Editor's note: This section is similar to former § 13-14-102 (15) and (16) as they existed prior to 2013. 13-14-105.5. Civil protection orders - prohibition on possessing or purchasing a firearm. (1) If the court subjects a person to a civil protection order pursuant to a provision of this article and the protection order qualifies as an order described in 18 U.S.C. sec. 922 (d)(8) or (g)(8), the court, as part of such order: (a) Shall order the person to: (I) Refrain from possessing or purchasing any firearm or ammunition for the duration of the order; and (II) Relinquish, for the duration of the order, any firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control; and (b) May require that before the person is released from custody on bond, the person shall relinquish, for the duration of the order, any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control. (2) (a) Except as described in paragraph (b) of this subsection (2), upon issuance of an order pursuant to subsection (1) of this section, the respondent shall relinquish any firearm or ammunition: (I) Not more than twenty-four hours after being served with the order in open court; or (II) Not more than forty-eight hours after being served with the order outside of the court. (b) A court may allow a respondent up to seventy-two hours to relinquish a firearm or up to five days to relinquish ammunition pursuant to paragraph (a) of this subsection (2) if the respondent demonstrates to the satisfaction of the court that he or she is unable to comply within the time frame set forth in said subsection (2). (c) To satisfy the requirement in paragraph (a) of this subsection (2), the respondent may: (I) Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that this provision shall not be interpreted to require any federally licensed firearms dealer to purchase or accept possession of any firearm or ammunition; (II) Arrange for the storage of the firearm or ammunition by a law enforcement agency; except that this provision shall not be interpreted to require any law enforcement agency to provide storage of firearms or ammunition for any person; or (III) Sell or otherwise transfer the firearm or ammunition to a private party who may legally possess the firearm or ammunition; except that a person who sells or transfers a firearm pursuant to this subparagraph (III) shall satisfy all of the provisions of section 18-12-112, C.R.S., concerning private firearms transfers, including but not limited to the performance of a criminal background check of the transferee. (3) If a respondent is unable to satisfy the provisions of subsection (2) of this section because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, Colorado Revised Statutes 2019 Page 156 of 584 Uncertified Printout the court shall require the respondent to satisfy such provisions not more than twenty-four hours after his or her release from incarceration or custody or be held in contempt of court. Notwithstanding any provision of this subsection (3), the court may, in its discretion, require the respondent to relinquish any firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control before the end of the respondent's incarceration. In such a case, a respondent's failure to relinquish a firearm or ammunition as required shall constitute contempt of court. (4) A federally licensed firearms dealer who takes possession of a firearm or ammunition pursuant to this section shall issue a receipt to the respondent at the time of relinquishment. The federally licensed firearms dealer shall not return the firearm or ammunition to the respondent unless the dealer: (a) Contacts the bureau to request that a background check of the respondent be performed; and (b) Obtains approval of the transfer from the bureau after the performance of the background check. (5) A local law enforcement agency may elect to store firearms or ammunition for persons pursuant to this section. If an agency so elects: (a) The agency may charge a fee for such storage, the amount of which shall not exceed the direct and indirect costs incurred by the agency in providing such storage; (b) The agency may establish policies for disposal of abandoned or stolen firearms or ammunition; and (c) The agency shall issue a receipt to each respondent at the time the respondent relinquishes possession of a firearm or ammunition. (6) If a local law enforcement agency elects to store firearms or ammunition for a person pursuant to this section, the law enforcement agency shall not return the firearm or ammunition to the respondent unless the agency: (a) Contacts the bureau to request that a background check of the respondent be performed; and (b) Obtains approval of the transfer from the bureau after the performance of the background check. (7) (a) A law enforcement agency that elects to store a firearm or ammunition for a person pursuant to this section may elect to cease storing the firearm or ammunition. A law enforcement agency that elects to cease storing a firearm or ammunition for a person shall notify the person of such decision and request that the person immediately make arrangements for the transfer of the possession of the firearm or ammunition to the person or, if the person is prohibited from possessing a firearm, to another person who is legally permitted to possess a firearm. (b) If a law enforcement agency elects to cease storing a firearm or ammunition for a person and notifies the person as described in paragraph (a) of this subsection (7), the law enforcement agency may dispose of the firearm or ammunition if the person fails to make arrangements for the transfer of the firearm or ammunition and complete said transfer within ninety days of receiving such notification. (8) If a respondent sells or otherwise transfers a firearm or ammunition to a private party who may legally possess the firearm or ammunition, as described in subparagraph (III) of paragraph (c) of subsection (2) of this section, the respondent shall acquire: Colorado Revised Statutes 2019 Page 157 of 584 Uncertified Printout (a) From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the respondent and the transferee; and (b) From the licensed gun dealer who requests from the bureau a background check of the transferee, as described in section 18-12-112, C.R.S., a written statement of the results of the background check. (9) (a) Not more than three business days after the relinquishment, the respondent shall file a copy of the receipt issued pursuant to subsection (4), (5), or (8) of this section, and, if applicable, the written statement of the results of a background check performed on the respondent, as described in paragraph (b) of subsection (8) of this section, with the court as proof of the relinquishment. If a respondent fails to timely file a receipt or written statement as described in this subsection (9): (I) The failure constitutes a violation of the protection order pursuant to section 18-6803.5 (1)(c), C.R.S.; and (II) The court shall issue a warrant for the respondent's arrest. (b) In any subsequent prosecution for a violation of a protection order described in this subsection (9), the court shall take judicial notice of the defendant's failure to file a receipt or written statement, which will constitute prima facie evidence of a violation of the protection order pursuant to section 18-6-803.5 (1)(c), C.R.S., and testimony of the clerk of the court or his or her deputy is not required. (10) Nothing in this section shall be construed to limit a respondent's right to petition the court for dismissal of a protection order. (11) A person subject to a civil protection order issued pursuant to section 13-14-104.5 (1)(a) who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the order pursuant to section 18-6-803.5 (1)(c), C.R.S. (12) (a) A law enforcement agency that elects in good faith to not store a firearm or ammunition for a person pursuant to subparagraph (II) of paragraph (c) of subsection (2) of this section shall not be held criminally or civilly liable for such election not to act. (b) A law enforcement agency that returns possession of a firearm or ammunition to a person in good faith as permitted by subsection (6) of this section shall not be held criminally or civilly liable for such action. Source: L. 2013: Entire section added, (SB 13-197), ch. 366, p. 2140, § 6, effective July 1. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 366, Session Laws of Colorado 2013. 13-14-106. Procedure for permanent civil protection orders. (1) (a) On the return date of the citation, or on the day to which the hearing has been continued, the judge or magistrate shall examine the record and the evidence. If upon such examination the judge or magistrate finds by a preponderance of the evidence that the respondent has committed acts constituting grounds for issuance of a civil protection order and that unless restrained will continue to commit such acts or acts designed to intimidate or retaliate against the protected person, the judge or magistrate shall order the temporary civil protection order to be made permanent or enter a permanent civil protection order with provisions different from the Colorado Revised Statutes 2019 Page 158 of 584 Uncertified Printout temporary civil protection order. A finding of imminent danger to the protected person is not a necessary prerequisite to the issuance of a permanent civil protection order. The court shall not deny a petitioner the relief requested because a protection order has been issued pursuant to section 18-1-1001 or 18-1-1001.5. The judge or magistrate shall inform the respondent that a violation of the civil protection order constitutes a criminal offense pursuant to section 18-6803.5 or constitutes contempt of court and subjects the respondent to such punishment as may be provided by law. If the respondent fails to appear before the court for the show cause hearing at the time and on the date identified in the citation issued by the court and the court finds that the respondent was properly served with the temporary protection order and such citation, it is not necessary to re-serve the respondent to make the protection order permanent. However, if the court modifies the protection order on the motion of the protected party, the modified protection order must be served upon the respondent. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the judge or magistrate, after examining the record and the evidence, for good cause shown, may continue the temporary protection order and the show cause hearing to a date certain not to exceed one year after the date of the hearing if he or she determines such continuance would be in the best interests of the parties and if both parties are present at the hearing and agree to the continuance. In addition, each party may request one continuance for a period not to exceed fourteen days, which the judge or magistrate, after examining the record and the evidence, may grant upon a finding of good cause. The judge or magistrate shall inform the respondent that a violation of the temporary civil protection order constitutes a criminal offense pursuant to section 18-6-803.5, C.R.S., or constitutes contempt of court and subjects the respondent to such punishment as may be provided by law. (c) Notwithstanding the provisions of paragraph (b) of this subsection (1), for a protection order filed in a proceeding commenced under the "Uniform Dissolution of Marriage Act", article 10 of title 14, C.R.S., the court may, on the motion of either party if both parties agree to the continuance, continue the temporary protection order until the time of the final decree or final disposition of the action. (2) The court shall electronically transfer into the central registry of protection orders established pursuant to section 18-6-803.7, C.R.S., a copy of any order issued pursuant to this section and shall deliver a copy of such order to the protected party. (3) A court shall not grant a mutual protection order to prevent domestic abuse for the protection of opposing parties unless each party has met his or her burden of proof as described in section 13-14-104.5 (7) and the court makes separate and sufficient findings of fact to support the issuance of the mutual protection order to prevent domestic abuse for the protection of opposing parties. A party may not waive the requirements set forth in this subsection (3). Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1010, § 12, effective July 1. L. 2018: (1)(a) amended, (SB 18-060), ch. 50, p. 490, § 4, effective November 1. Editor's note: This section is similar to former § 13-14-102 (9), (10), and (18) as they existed prior to 2013. Colorado Revised Statutes 2019 Page 159 of 584 Uncertified Printout 13-14-107. Enforcement of protection order - duties of peace officer. (1) A person failing to comply with any order of the court issued pursuant to this article is in contempt of court or may be prosecuted for violation of a civil protection order pursuant to section 18-6803.5, C.R.S. (2) The duties of peace officers enforcing a civil protection order shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to that section. (3) If a respondent has not been personally served with a protection order, a peace officer responding to a call for assistance shall serve a copy of the protection order on the respondent named in the protection order, shall write the time, date, and manner of service on the protected person's copy of the order, and shall sign the statement. Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1011, § 13, effective July 1. Editor's note: This section is similar to former § 13-14-102 (11), (12), and (13) as they existed prior to 2013. 13-14-108. Modification and termination of civil protection orders. (1) Any order granted pursuant to section 13-14-105 (1)(c) or (1)(e) must terminate whenever a subsequent order regarding the same subject matter is granted pursuant to the "Uniform Dissolution of Marriage Act", article 10 of title 14, C.R.S., the "Uniform Child-custody Jurisdiction and Enforcement Act", article 13 of title 14, C.R.S., or the "Colorado Children's Code", title 19, C.R.S. (2) (a) Nothing in this article precludes the protected party from applying to the court at any time for modification, including but not limited to a modification of the duration of a protection order or dismissal of a temporary or permanent protection order issued pursuant to this section. (b) The restrained party may apply to the court for modification, including but not limited to a modification of the duration of the protection order or dismissal of a permanent protection order pursuant to this section. However, if a permanent protection order has been issued or if a motion for modification or dismissal of a permanent protection order has been filed by the restrained party, whether or not it was granted, no motion to modify or dismiss may be filed by the restrained party within two years after issuance of the permanent order or after disposition of the prior motion. (3) (a) (I) Notwithstanding any provision of subsection (2) of this section to the contrary, after issuance of the permanent protection order, if the restrained party has been convicted of or pled guilty to any misdemeanor or any felony against the protected person, other than the original offense, if any, that formed the basis for the issuance of the protection order, then the protection order remains permanent and must not be modified or dismissed by the court. (II) Notwithstanding the prohibition in subparagraph (I) of this paragraph (a), a protection order may be modified or dismissed on the motion of the protected person, or the person's attorney, parent or legal guardian if a minor, or conservator or legal guardian if one has been appointed; except that this paragraph (a) does not apply if the parent, legal guardian, or conservator is the restrained person. Colorado Revised Statutes 2019 Page 160 of 584 Uncertified Printout (b) A court shall not consider a motion to modify a protection order filed by a restrained party pursuant to paragraph (a) of this subsection (3) unless the court receives the results of a fingerprint-based criminal history record check of the restrained party that is conducted within ninety days prior to the filing of the motion. The fingerprint-based criminal history record check must include a review of the state and federal criminal history records maintained by the Colorado bureau of investigation and federal bureau of investigation. The restrained party shall be responsible for supplying fingerprints to the Colorado bureau of investigation and to the federal bureau of investigation and paying the costs of the record checks. The restrained party may be required by the court to provide certified copies of any criminal dispositions that are not reflected in the state or federal records and any other dispositions that are unknown. (4) Except as otherwise provided in this article, the issuing court retains jurisdiction to enforce, modify, or dismiss a temporary or permanent protection order. (5) The court shall hear any motion filed pursuant to subsection (2) of this section. The party moving for a modification or dismissal of a temporary or permanent protection order pursuant to subsection (2) of this section shall affect personal service on the other party with a copy of the motion and notice of the hearing on the motion, as provided by rule 4 (e) of the Colorado rules of civil procedure. The moving party shall bear the burden of proof to show, by a preponderance of the evidence, that the modification is appropriate or that a dismissal is appropriate because the protection order is no longer necessary. If the protected party has requested that his or her address be kept confidential, the court shall not disclose such information to the restrained party or any other person, except as otherwise authorized by law. (6) In considering whether to modify or dismiss a protection order issued pursuant to this section, the court shall consider all relevant factors, including but not limited to: (a) Whether the restrained party has complied with the terms of the protection order; (b) Whether the restrained party has met the conditions associated with the protection order, if any; (c) Whether the restrained party has been ordered to participate in and has completed a domestic violence offender treatment program provided by an entity approved pursuant to section 16-11.8-103, C.R.S., or has been ordered to participate in and has either successfully completed a sex offender treatment program provided by an entity approved pursuant to section 16-11.7-103, C.R.S., or has made significant progress in a sex offender treatment program as reported by the sex offender treatment provider; (d) Whether the restrained party has voluntarily participated in any domestic violence offender treatment program provided by an entity approved pursuant to section 16-11.8-103, C.R.S., or any sex offender treatment program provided by an entity approved pursuant to section 16-11.7-103, C.R.S.; (e) The time that has lapsed since the protection order was issued; (f) When the last incident of abuse or threat of harm occurred or other relevant information concerning the safety and protection of the protected person; (g) Whether, since the issuance of the protection order, the restrained person has been convicted of or pled guilty to any misdemeanor or any felony against the protected person, other than the original offense, if any, that formed the basis for the issuance of the protection order; (h) Whether any other restraining orders, protective orders, or protection orders have been subsequently issued against the restrained person pursuant to this section or any other law of this state or any other state; Colorado Revised Statutes 2019 Page 161 of 584 Uncertified Printout (i) The circumstances of the parties, including the relative proximity of the parties' residences and schools or work places and whether the parties have minor children together; and (j) Whether the continued safety of the protected person depends upon the protection order remaining in place because the order has been successful in preventing further harm to the protected person. Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1011, § 14, effective July 1. Editor's note: This section is similar to former § 13-14-102 (17) and (17.5) as they existed prior to 2013. 13-14-109. Fees and costs. (1) The court may assess a filing fee against a petitioner seeking relief under this article; except that the court may not assess a filing fee against a petitioner if the court determines the petitioner is seeking the protection order as a victim of domestic abuse, domestic violence as defined in section 18-6-800.3 (1), C.R.S., stalking, or sexual assault or abuse. The court shall provide the necessary number of certified copies at no cost to petitioners. (2) A state or public agency may not assess fees for service of process against a petitioner seeking relief under this article as a victim of conduct consistent with the following: Domestic abuse, domestic violence as defined in section 18-6-800.3 (1), C.R.S., stalking, or sexual assault or abuse. (3) At the permanent protection order hearing, the court may require the respondent to pay the filing fee and service-of-process fees, as established by the state agency, political subdivision, or public agency pursuant to a fee schedule, and to reimburse the petitioner for costs incurred in bringing the action. Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1014, § 15, effective July 1. Editor's note: This section is similar to former § 13-14-102 (21) as it existed prior to 2013. 13-14-110. Foreign protection orders. (1) Definitions. As used in this section, "foreign protection order" means any protection or restraining order, injunction, or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary or final orders, other than child support or custody orders, issued by a civil or criminal court of another state, an Indian tribe, or a United States territory or commonwealth. (2) Full faith and credit. Courts of this state shall accord full faith and credit to a foreign protection order as if the order were an order of this state, notwithstanding section 14-11101, C.R.S., and article 53 of this title, if the order meets all of the following conditions: (a) The foreign protection order was obtained after providing the person against whom the protection order was sought reasonable notice and an opportunity to be heard sufficient to protect his or her due process rights. If the foreign protection order is an ex parte injunction or Colorado Revised Statutes 2019 Page 162 of 584 Uncertified Printout order, the person against whom it was obtained must have been given notice and an opportunity to be heard within a reasonable time after the order was issued sufficient to protect his or her due process rights. (b) The court that issued the order had jurisdiction over the parties and over the subject matter; and (c) The order complies with section 13-14-106 (3). (3) Process. A person entitled to protection under a foreign protection order may, but is not required to, file such order in the district or county court by filing with such court a certified copy of such order, which must be entered into the central registry of protection orders created in section 18-6-803.7, C.R.S. The certified order must be accompanied by an affidavit in which the protected person affirms to the best of his or her knowledge that the order has not been changed or modified since it was issued. There shall be no filing fee charged. It is the responsibility of the protected person to notify the court if the protection order is subsequently modified. (4) Enforcement. Filing of the foreign protection order in the central registry or otherwise domesticating or registering the order pursuant to article 53 of this title or section 1411-101, C.R.S., is not a prerequisite to enforcement of the foreign protection order. A peace officer shall presume the validity of, and enforce in accordance with the provisions of this article, a foreign protection order that appears to be an authentic court order that has been provided to the peace officer by any source. If the protected party does not have a copy of the foreign protection order on his or her person and the peace officer determines that a protection order exists through the central registry, the national crime information center as described in 28 U.S.C. sec. 534, or through communication with appropriate authorities, the peace officer shall enforce the order. A peace officer may rely upon the statement of any person protected by a foreign protection order that it remains in effect. A peace officer who is acting in good faith when enforcing a foreign protection order is not civilly liable or criminally liable pursuant to section 18-6-803.5 (5), C.R.S. Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1015, § 16, effective July 1. Editor's note: This section is similar to former § 13-14-104 as it existed prior to 2013. ARTICLE 14.5 Extreme Risk Protection Orders 13-14.5-101. Short title. The short title of this article 14.5 is the "Deputy Zackari Parrish III Violence Prevention Act". Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 383, § 1, effective April 12. 13-14.5-102. Definitions. As used in this article 14.5, unless the context otherwise clearly requires: Colorado Revised Statutes 2019 Page 163 of 584 Uncertified Printout (1) "Extreme risk protection order" means either a temporary order or a continuing order granted pursuant to this article 14.5. (2) "Family or household member" means, with respect to a respondent, any: (a) Person related by blood, marriage, or adoption to the respondent; (b) Person who has a child in common with the respondent, regardless of whether such person has been married to the respondent or has lived together with the respondent at any time; (c) Person who regularly resides or regularly resided with the respondent within the last six months; (d) Domestic partner of the respondent; (e) Person who has a biological or legal parent-child relationship with the respondent, including stepparents and stepchildren and grandparents and grandchildren; (f) Person who is acting or has acted as the respondent's legal guardian; and (g) A person in any other relationship described in section 18-6-800.3 (2) with the respondent. (3) "Firearm" has the same meaning as in section 18-1-901 (3)(h). (4) "Petitioner" means the person who petitions for an extreme risk protection order pursuant to this article 14.5. (5) "Respondent" means the person who is identified as the respondent in a petition filed pursuant to this article 14.5. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 383, § 1, effective April 12. 13-14.5-103. Temporary extreme risk protection orders. (1) A family or household member of the respondent or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in the petition for an extreme risk protection order an affidavit, signed under oath and penalty of perjury, 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 reason for believing they exist and, if the petitioner is a family or household member, attesting that the petitioner is a family or household member. The petition shall comply with the requirements of section 13-14.5-104 (3). If the petitioner is a law enforcement officer or law enforcement agency, the law enforcement officer or law enforcement agency shall concurrently file a sworn affidavit for a search warrant pursuant to section 16-3-301.5 to search for any firearms in the possession or control of the respondent at a location or locations to be named in the warrant. If a petition pursuant to section 27-65-106 is also filed against the respondent, a court of competent jurisdiction can 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. (2) In considering whether to issue a temporary extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including the evidence described in section 13-14.5-105 (3). (3) If a court finds by a preponderance of the evidence that, based on the evidence presented pursuant to section 13-14.5-105 (3), the respondent poses a significant risk of causing personal injury to self or others in the near future by having in his or her custody or control a Colorado Revised Statutes 2019 Page 164 of 584 Uncertified Printout firearm or by purchasing, possessing, or receiving a firearm, the court shall issue a temporary extreme risk protection order. (4) The court shall hold a temporary extreme risk protection order hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. The court may schedule a hearing by telephone pursuant to local court rule to reasonably accommodate a disability or, in exceptional circumstances, to protect a petitioner from potential harm. The court shall require assurances of the petitioner's identity before conducting a telephonic hearing. A copy of the telephone hearing must be provided to the respondent prior to the hearing for an extreme risk protection order. (5) (a) In accordance with section 13-14.5-105 (1), the court shall schedule a hearing within fourteen days after the issuance of a temporary extreme risk protection order to determine if a three-hundred-sixty-four-day extreme risk protection order should be issued pursuant to this article 14.5. Notice of that hearing date must be included with the temporary extreme risk protection order that is served on the respondent. The court shall provide notice of the hearing date to the petitioner. (b) Any temporary extreme risk protection order issued expires on the date and time of the hearing on the extreme risk protection order petition or the withdrawal of the petition. (6) A temporary extreme risk protection order must include: (a) A statement of the grounds asserted for the order; (b) The date and time the order was issued; (c) The date and time the order expires; (d) The address of the court in which any responsive pleading should be filed; (e) The date and time of the scheduled hearing; (f) The requirements for surrender of firearms pursuant to section 13-14.5-108; and (g) The following statement: To the subject of this temporary extreme risk protection order: This order is valid until the date and time noted above. You may not have in your custody or control a firearm or purchase, possess, receive, or attempt to purchase or receive a firearm while this order is in effect. You must immediately surrender to the (insert name of law enforcement agency in the jurisdiction where the respondent resides) all firearms in your custody, control, or possession, and any concealed carry permit issued to you. A hearing will be held on the date and at the time noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court entering an order against you that is valid for three hundred sixty four days. An attorney will be appointed to represent you, or you may seek the advice of your own attorney at your own expense as to any matter connected with this order. (7) A law enforcement officer shall serve a temporary extreme risk protection order concurrently with the notice of hearing and petition and a notice that includes referrals to appropriate resources, including domestic violence, behavioral health, and counseling resources, in the same manner as provided for in section 13-14.5-105 for service of the notice of hearing where the respondent resides. (8) (a) If the court issues a temporary extreme risk protection order, the court shall state the particular reasons for the court's issuance. (b) If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the court's denial. Colorado Revised Statutes 2019 Page 165 of 584 Uncertified Printout Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 384, § 1, effective April 12. 13-14.5-104. Petition for extreme risk protection order. (1) A petition for an extreme risk protection order may be filed by a family or household member of the respondent or a law enforcement officer or agency. If the petition is filed by a law enforcement officer or agency, the officer or agency shall be represented in any judicial proceeding by a county or city attorney upon request. If the petition is filed by a family or household member, the petitioner, to the best of his or her ability, shall notify the law enforcement agency in the jurisdiction where the respondent resides of the petition and the hearing date with enough advance notice to allow for participation or attendance. Upon the filing of a petition, the court shall appoint an 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 (1)(a). The respondent may replace the attorney with an attorney of the respondent's own selection at any time at the respondent's own expense. Attorney fees for the attorney appointed for the respondent shall be paid by the court. (2) A petition for an extreme risk protection order must be filed in the county where the respondent resides. (3) A petition must: (a) Allege that the respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm and must be accompanied by an affidavit, signed under oath and penalty of perjury, stating the specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the respondent; (b) Identify the number, types, and locations of any firearms the petitioner believes to be in the respondent's current ownership, possession, custody, or control; (c) Identify whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent's current employment; (d) Identify whether there is a known existing domestic abuse protection order or emergency protection order governing the petitioner or respondent; (e) Identify whether there is a pending lawsuit, complaint, petition, or other action between the parties to the petition; and (f) If the petitioner is not a law enforcement agency, identify whether the petitioner informed a local law enforcement agency regarding the respondent. (4) The court shall verify the terms of any existing order identified pursuant to subsection (3)(d) of this section governing the parties. The court may not delay granting relief because of the existence of a pending action between the parties. A petition for an extreme risk protection order may be granted whether or not there is a pending action between the parties. (5) If the petition states that disclosure of the petitioner's address would risk harm to the petitioner or any member of the petitioner's family or household, the petitioner's address may be omitted from all documents filed with the court. If the petitioner has not disclosed an address pursuant to this section, the petitioner must designate an alternative address at which the respondent may serve notice of any motions. If the petitioner is a law enforcement officer or agency, the address of record must be that of the law enforcement agency. Colorado Revised Statutes 2019 Page 166 of 584 Uncertified Printout (6) A court or public agency shall not charge a fee for filing or service of process to a petitioner seeking relief pursuant to this article 14.5. A petitioner or respondent must be provided the necessary number of certified copies, forms, and instructional brochures free of charge. (7) A person is not required to post a bond to obtain relief in any proceeding pursuant to this section. (8) The district and county courts of the state of Colorado have jurisdiction over proceedings pursuant to this article 14.5. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 386, § 1, effective April 12. 13-14.5-105. Hearings on petition - grounds for order issuance. (1) (a) Upon filing of the petition, the court shall order a hearing to be held and provide a notice of hearing to the respondent. The court must provide the notice of the hearing not later than one court day after the date of the extreme risk protection order petition. The court may schedule a hearing by telephone pursuant to local court rule to reasonably accommodate a disability or, in exceptional circumstances, to protect a petitioner from potential harm. The court shall require assurances of the petitioner's identity before conducting a telephonic hearing. (b) Before the next court day, the court clerk shall forward a copy of the notice of hearing and petition to the law enforcement agency in the jurisdiction where the respondent resides for service upon the respondent. (c) A copy of the notice of hearing and petition must be served upon the respondent in accordance with the rules for service of process as provided in rule 4 of the Colorado rules of civil procedure or rule 304 of the Colorado rules of county court civil procedure. Service issued pursuant to this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. (d) The court may, as provided in section 13-14.5-103, issue a temporary extreme risk protection order pending the hearing ordered pursuant to subsection (1)(a) of this section. The temporary extreme risk protection order must be served concurrently with the notice of hearing and petition. (2) Upon hearing the matter, if the court finds by clear and convincing evidence, based on the evidence presented pursuant to subsection (3) of this section, that the respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm, the court shall issue an extreme risk protection order for a period of three hundred sixty-four days. (3) In determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence, including but not limited to any of the following: (a) A recent act or credible threat of violence by the respondent against self or others, whether or not such violence or credible threat of violence involves a firearm; (b) A pattern of acts or credible threats of violence by the respondent within the past year, including but not limited to acts or credible threats of violence by the respondent against self or others; (c) A violation by the respondent of a civil protection order issued pursuant to article 14 of this title 13; Colorado Revised Statutes 2019 Page 167 of 584 Uncertified Printout (d) A previous or existing extreme risk protection order issued against the respondent and a violation of a previous or existing extreme risk protection order; (e) A conviction of the respondent for a crime that included an underlying factual basis of domestic violence as defined in section 18-6-800.3 (1); (f) The respondent's ownership, access to, or intent to possess a firearm; (g) A credible threat of or the unlawful or reckless use of a firearm by the respondent; (h) The history of use, attempted use, or threatened use of unlawful physical force by the respondent against another person, or the respondent's history of stalking another person as described in section 18-3-602; (i) Any prior arrest of the respondent for a crime listed in section 24-4.1-302 (1) or section 18-9-202; (j) Evidence of the abuse of controlled substances or alcohol by the respondent; (k) Whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent's current employment; and (l) Evidence of recent acquisition of a firearm or ammunition by the respondent. (4) The court may: (a) Examine under oath the petitioner, the respondent, and any witnesses they may produce, or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent, and any witnesses they may produce; and (b) Request that the Colorado bureau of investigation conduct a criminal history record check related to the respondent and provide the results to the court under seal. (5) The court shall allow the petitioner and respondent to present evidence and crossexamine witnesses and be represented by an attorney at the hearing. (6) In a hearing pursuant to this article 14.5, the rules of evidence apply to the same extent as in a civil protection order proceeding pursuant to article 14 of this title 13. (7) During the hearing, the court shall consider any available mental health evaluation or chemical dependency evaluation provided to the court. (8) (a) Before issuing an extreme risk protection order, the court shall consider whether the respondent meets the standard for a court-ordered evaluation for persons with mental health disorders pursuant to section 27-65-106. If the court determines that the respondent meets the standard, then, in addition to issuing an extreme risk protection order, the court shall order mental health treatment and evaluation authorized pursuant to section 27-65-106 (6). (b) Before issuing an extreme risk protection order, the court shall consider whether the respondent meets the standard for an emergency commitment pursuant to section 27-81-111 or 27-82-107. If the court determines that the respondent meets the standard, then, in addition to issuing an extreme risk protection order, the court shall order an emergency commitment pursuant to section 27-81-111 or 27-82-107. (9) An extreme risk protection order must include: (a) A statement of the grounds supporting the issuance of the order; (b) The date and time the order was issued; (c) The date and time the order expires; (d) The address of the court in which any responsive pleading should be filed; (e) The requirements for relinquishment of a firearm and concealed carry permit pursuant to section 13-14.5-108; and (f) The following statement: Colorado Revised Statutes 2019 Page 168 of 584 Uncertified Printout To the subject of this extreme risk protection order: This order will last until the date and time noted above. If you have not done so already, you must immediately surrender any firearms in your custody, control, or possession and any concealed carry permit issued to you. You may not have in your custody or control a firearm or purchase, possess, receive, or attempt to purchase or receive a firearm while this order is in effect. You have the right to request one hearing to terminate this order during the period that this order is in effect, starting from the date of this order and continuing through any renewals. You may seek the advice of an attorney as to any matter connected with this order. (10) When the court issues an extreme risk protection order, the court shall inform the respondent that he or she is entitled to request termination of the order in the manner prescribed by section 13-14.5-107. The court shall provide the respondent with a form to request a termination hearing. (11) (a) If the court issues an extreme risk protection order, the court shall state the particular reasons for the court's issuance. (b) If the court denies the issuance of an extreme risk protection order, the court shall state the particular reasons for the court's denial. (12) If the court denies the issuance of an extreme risk protection order but ordered a temporary extreme risk protection order and a law enforcement agency took custody of the respondent's concealed carry permit or the respondent surrendered his or her concealed carry permit as a result of the temporary extreme risk protection order, the sheriff who issued the concealed carry permit shall reissue the concealed carry permit to the respondent within three days, at no charge to the respondent. (13) If the court issues an extreme risk protection order and the petitioner is a law enforcement officer or agency, the petitioner shall make a good-faith effort to provide notice of the order to a family or household member of the respondent and to any known third party who may be at direct risk of violence. The notice must include referrals to appropriate resources, including domestic violence, behavioral health, and counseling resources. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 387, § 1, effective April 12. 13-14.5-106. Service of protection orders. (1) An extreme risk protection order issued pursuant to section 13-14.5-105 must be served personally upon the respondent, except as otherwise provided in this article 14.5. (2) The law enforcement agency in the jurisdiction where the respondent resides shall serve the respondent personally. (3) The court clerk shall forward a copy of the extreme risk protection order issued pursuant to this article 14.5 on or before the next court day to the law enforcement agency specified in the order for service. Service of an order issued pursuant to this article 14.5 takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. (4) If the law enforcement agency cannot complete service upon the respondent within five days, the law enforcement agency shall notify the petitioner. The petitioner shall then provide any additional information regarding the respondent's whereabouts to the law Colorado Revised Statutes 2019 Page 169 of 584 Uncertified Printout enforcement agency to effect service. The law enforcement agency may request additional time to allow for the proper and safe planning and execution of the court order. (5) If an extreme risk protection order entered by the court states that the respondent appeared in person before the court, the necessity for further service is waived, and proof of service of that order is not necessary. (6) Returns of service pursuant to this article 14.5 must be made in accordance with the applicable court rules. (7) If the respondent is a veteran and there are any criminal charges against the respondent that result from the service or enforcement of the extreme risk protection order, the judge shall refer the case to a veterans court if the jurisdiction has a veterans court and the charges are veterans court eligible. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 391, § 1, effective April 12. 13-14.5-107. Termination or renewal of protection orders. (1) Termination. (a) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued pursuant to this article 14.5 for the period that the order is in effect. Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. Notice of the request and date of hearing must be served on the petitioner in accordance with the Colorado rules of civil procedure or Colorado rules of county court civil procedure. The court shall set the hearing fourteen days after the filing of the request for a hearing to terminate an extreme risk protection order. The court shall terminate the extreme risk protection order if the respondent establishes by clear and convincing evidence that he or she no longer poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The court may consider any relevant evidence, including evidence of the considerations listed in section 1314.5-105 (3). (b) The court may continue the hearing if the court determines that it cannot enter a termination order at the hearing but determines that there is a strong possibility that the court could enter a termination order at a future date before the expiration of the extreme risk protection order. If the court continues the hearing, the court shall set the date for the next hearing prior to the date for the expiration of the extreme risk protection order. (2) Renewal. (a) The court shall notify the petitioner of the impending expiration of an extreme risk protection order sixty-three calendar days before the date that the order expires. (b) A petitioner, a family or household member of a respondent, 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 of the order. (c) Upon receipt of the motion to renew, the court shall order that a hearing be held not later than fourteen days after the filing of the motion to renew. The court may schedule a hearing by telephone in the manner prescribed by section 13-14.5-105 (1)(a). The respondent must be personally served in the same manner prescribed by section 13-14.5-105 (1)(b) and (1)(c). (d) In determining whether to renew an extreme risk protection order issued pursuant to this section, the court shall consider all relevant evidence and follow the same procedure as provided in section 13-14.5-105. Colorado Revised Statutes 2019 Page 170 of 584 Uncertified Printout (e) If the court finds by clear and convincing evidence that, based on the evidence presented pursuant to section 13-14.5-105 (3), the respondent continues to pose a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm, the court shall renew the order for a period of time the court deems appropriate, not to exceed one year. In the order, the court shall set a return date to review the order no later than thirty-five days prior to the expiration of the order. However, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion or affidavit, signed under oath and penalty of perjury, stating that there has been no material change in relevant circumstances since the entry of the order and stating the reason for the requested renewal. (3) If an extreme risk protection order is terminated or not renewed for any reason, the law enforcement agency storing the respondent's firearms shall provide notice to the respondent regarding the process for the return of the firearms. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 392, § 1, effective April 12. 13-14.5-108. Surrender of a firearm. (1) (a) Upon issuance of an extreme risk protection order pursuant to this article 14.5, including a temporary extreme risk protection order, the court shall order the respondent to surrender all firearms by: (I) Selling or transferring possession of the firearm to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that this provision must not be interpreted to require any federally licensed firearms dealer to purchase or accept possession of any firearm; (II) Arranging for the storage of the firearm by a law enforcement agency. The law enforcement agency shall preserve the firearm in a substantially similar condition that the firearm was in when it was surrendered. If the respondent does not choose the option in subsection (1)(a)(I) of this section, a local law enforcement agency shall store the firearm. (III) Only for either an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended, transferring possession of the antique firearm or curio or relic to a relative who does not live with the respondent after confirming, through a criminal history record check, the relative is currently eligible to own or possess a firearm under federal and state law. (b) The court shall order the respondent to surrender any concealed carry permit to the law enforcement officer serving the extreme risk protection order. (2) (a) The law enforcement agency serving any extreme risk protection order pursuant to this article 14.5, including a temporary extreme risk protection order in which the petitioner was not a law enforcement agency or officer, shall request that the respondent immediately surrender all firearms in his or her custody, control, or possession and any concealed carry permit issued to the respondent and conduct any search permitted by law for such firearms or permit. After the law enforcement agency or officer has custody of the firearms, the respondent may inform the law enforcement officer of his or her preference for sale, transfer, or storage of the firearms as specified in subsection (1) of this section. If the respondent elects to sell or transfer the firearms to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as Colorado Revised Statutes 2019 Page 171 of 584 Uncertified Printout amended, the law enforcement officer or agency shall maintain custody of the firearms until they are sold or transferred pursuant to subsection (1)(a)(I) of this section. The law enforcement officer shall take possession of all firearms and any such permit belonging to the respondent that are surrendered, in plain sight, or discovered pursuant to a lawful search. Alternatively, if personal service by the law enforcement agency is not possible, or not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender the firearms and any concealed carry permit within twenty-four hours after being served with the order by alternate service or within twenty-four hours after the hearing at which the respondent was present. (b) If the petitioner for an extreme risk protection order is a law enforcement agency or officer, the law enforcement officer serving the extreme risk protection order shall take custody of the respondent's firearms pursuant to the search warrant for firearms possessed by a respondent in an extreme risk protection order, as described in section 16-3-301.5, if a warrant was obtained. After the law enforcement agency or officer has custody of the firearms, the respondent may inform the law enforcement officer of his or her preference for sale, transfer, or storage of the firearms as specified in section 13-14-105.5 (2)(c). The law enforcement officer shall request that the respondent immediately surrender any concealed carry permit issued to the respondent and conduct any search permitted by law for the permit. (3) At the time of surrender or taking custody pursuant to section 16-3-301.5, a law enforcement officer taking possession of a firearm or a concealed carry permit shall issue a receipt identifying all firearms and any permit that have been surrendered or taken custody of and provide a copy of the receipt to the respondent. Within seventy-two hours after service of the order, the officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt, or, if the officer did not take custody of any firearms, shall file a statement to that effect with the court. (4) Upon the sworn statement or testimony of the petitioner or of any law enforcement officer alleging that there is probable cause to believe the respondent has failed to comply with the surrender of firearms or a concealed carry permit as required by an order issued pursuant to this article 14.5, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or a concealed carry permit in his or her custody, control, or possession. If probable cause exists, the court shall issue a search warrant that states with particularity the places to be searched and the items to be taken into custody. (5) If a person other than the respondent claims title to any firearms surrendered or taken custody of pursuant to section 16-3-301.5 pursuant to this section and he or she is determined by the law enforcement agency to be the lawful owner of the firearm, the firearm shall be returned to him or her if: (a) The firearm is removed from the respondent's custody, control, or possession, and the lawful owner agrees to store the firearm so that the respondent does not have access to or control of the firearm; and (b) The firearm is not otherwise unlawfully possessed by the lawful owner. (6) (a) Within forty-eight hours after the issuance of an extreme risk protection order, a respondent subject to the order may either: (I) File with the court that issued the order one or more proofs of relinquishment or removal showing that all firearms previously in the respondent's custody, control, or possession, and any concealed carry permit issued to the respondent, were relinquished to or removed by a Colorado Revised Statutes 2019 Page 172 of 584 Uncertified Printout law enforcement agency, and attest to the court that the respondent does not currently have any firearms in the respondent's custody, control, or possession, and does not currently have a concealed carry permit; or (II) Attest to the court that: (A) At the time the order was issued, the respondent did not have any firearms in the respondent's custody, control, or possession and did not have a concealed carry permit; and (B) The respondent does not currently have any firearms in the respondent's custody, control, or possession and does not currently have a concealed carry permit. (b) If two full court days have elapsed since the issuance of an extreme risk protection order and the respondent has made neither the filing and attestation pursuant to subsection (6)(a)(I) of this section nor the attestations pursuant to subsection (6)(a)(II) of this section, the clerk of the court for the court that issued the order shall inform the local law enforcement agency in the county in which the court is located that the respondent has not filed the filing and attestation pursuant to subsection (6)(a)(I) of this section or the attestations pursuant to subsection (6)(a)(II) of this section. (c) A local law enforcement agency that receives a notification pursuant to subsection (6)(b) of this section shall make a good faith effort to determine whether there is evidence that the respondent has failed to relinquish any firearm in the respondent's custody, control, or possession or a concealed carry permit issued to the respondent. (7) The peace officers standards and training board shall develop model policies and procedures by December 1, 2019, regarding the acceptance, storage, and return of firearms required to be surrendered pursuant to this article 14.5 or taken custody of pursuant to section 16-3-301.5 and shall provide those model policies and procedures to all law enforcement agencies. Each law enforcement agency shall adopt the model policies and procedures or adopt their own policies and procedures by January 1, 2020. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 393, § 1, effective April 12. 13-14.5-109. Firearms - return - disposal. (1) If an extreme risk protection order or temporary extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any firearm that has been surrendered pursuant to section 13-14.5108 or taken custody of pursuant to section 16-3-301.5, or a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended, with custody of a firearm, or a relative with custody of an antique firearm or curio or relic pursuant to section 13-14.5-108 (1)(a)(III), must return the firearm requested by a respondent within three days only after confirming, through a criminal history record check performed pursuant to section 24-33.5-424, that the respondent is currently eligible to own or possess a firearm under federal and state law and after confirming with the court that the extreme risk protection order has terminated or has expired without renewal. (2) Any firearm surrendered by a respondent pursuant to section 13-14.5-108 or taken custody of pursuant to section 16-3-301.5 that remains unclaimed by the lawful owner for at least one year from the date the temporary extreme risk protection order or extreme risk protection order expired, whichever is later, shall be disposed of in accordance with the law enforcement agency's policies and procedures for the disposal of firearms in police custody. Colorado Revised Statutes 2019 Page 173 of 584 Uncertified Printout Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 396, § 1, effective April 12. 13-14.5-110. Reporting of extreme risk protection orders. (1) The court clerk shall enter any extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 into a statewide judicial information system on the same day the order is issued. (2) The court clerk shall forward a copy of an extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 the same day the order is issued to the Colorado bureau of investigation and the law enforcement agency specified in the order. Upon receipt of the copy of the order, the Colorado bureau of investigation shall enter the order into the national instant criminal background check system, any other federal or state computerbased systems used by law enforcement agencies or others to identify prohibited purchasers of firearms, and any computer-based criminal intelligence information system available in this state used by law enforcement agencies. The order must remain in each system for the period stated in the order, and the law enforcement agency shall only expunge orders from the systems that have expired or terminated and shall promptly remove the expired or terminated orders. Entry into the computer-based criminal intelligence information system is notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state. (3) The issuing court shall, within three court days after issuance of an extreme risk protection order or a temporary extreme risk protection order, forward all identifying information the court has regarding the respondent, along with the date the order is issued, to the county sheriff in the jurisdiction where the respondent resides. Upon receipt of the information, the county sheriff shall determine if the respondent has a concealed carry permit. If the respondent does have a concealed carry permit, the issuing county sheriff shall immediately revoke the permit. The respondent may reapply for a concealed carry permit after the temporary extreme risk protection order and extreme risk protection order, if ordered, are no longer in effect. (4) If an extreme risk protection order is terminated before its expiration date, the court clerk shall forward, on the same day as the termination order, a copy of the termination order to the Colorado bureau of investigation and the appropriate law enforcement agency specified in the termination order. Upon receipt of the order, the Colorado bureau of investigation and the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section. (5) Upon the expiration of a temporary extreme risk protection order or extreme risk protection order, the Colorado bureau of investigation and the law enforcement agency specified in the order shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section. (6) An extreme risk protection order does not constitute a finding that a respondent is a prohibited person pursuant to 18 U.S.C. sec. 922 (d)(4) or (g)(4). This subsection (6) does not alter a temporary extreme risk protection order or an extreme risk protection order, and a respondent subject to a temporary extreme risk protection order or an extreme risk protection order is prohibited from possessing a firearm under state law. This subsection (6) does not change the duty to enter a temporary extreme risk protection order or extreme risk protection order into the appropriate databases pursuant to this section. Colorado Revised Statutes 2019 Page 174 of 584 Uncertified Printout Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 396, § 1, effective April 12. 13-14.5-111. Penalties. Any person who has in his or her custody or control a firearm or purchases, possesses, or receives a firearm with knowledge that he or she is prohibited from doing so by an extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 is guilty of a class 2 misdemeanor. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 397, § 1, effective April 12. 13-14.5-112. Other authority retained. This article 14.5 does not affect the ability of a law enforcement officer to remove a firearm or concealed carry permit from a person or conduct a search and seizure for any firearm pursuant to other lawful authority. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 398, § 1, effective April 12. 13-14.5-113. Liability. (1) Except as provided in section 13-14.5-111, this article 14.5 does not impose criminal or civil liability on any person or entity for acts or omissions made in good faith related to obtaining an extreme risk protection order or a temporary extreme risk protection order, including but not limited to reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition pursuant to this article 14.5. (2) A person who files a malicious or false petition for a temporary extreme risk protection order or an extreme risk protection order may be subject to criminal prosecution for those acts. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 398, § 1, effective April 12. 13-14.5-114. Instructional and informational material - definition. (1) (a) The state court administrator shall develop standard petitions and extreme risk protection order forms and temporary extreme risk protection order forms in more than one language consistent with state judicial department practices. The standard petition and order forms must be used after January 1, 2020, for all petitions filed and orders issued pursuant to this article 14.5. The state court administrator may consult with interested parties in developing the petitions and forms. The materials must be available online consistent with state judicial department practices. (b) The extreme risk protection order form must include, in a conspicuous location, notice of criminal penalties resulting from violation of the order and the following statement: You have the sole responsibility to avoid or refrain from violating this extreme risk protection order's provisions. Only the court can change the order and only upon written motion. (2) A court clerk for each judicial district shall create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. The court shall make the community resource Colorado Revised Statutes 2019 Page 175 of 584 Uncertified Printout list available as part of or in addition to the informational brochures described in subsection (1) of this section. (3) The state court administrator shall distribute a master copy of the standard petition and extreme risk protection order forms to all court clerks and all district and county courts. (4) Courts shall accept petitions pursuant to sections 13-14.5-103 and 13-14.5-104 beginning on January 1, 2020. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 398, § 1, effective April 12. CHANGE OF NAME ARTICLE 15 Change of Name 13-15-101. Petition - proceedings - applicability. (1) (a) (I) Every person desiring to change his or her name may present a petition to that effect, verified by affidavit, to the district or county court in the county of the petitioner's residence, except as otherwise provided in paragraph (a.5) of this subsection (1). The petition shall include: (A) The petitioner's full name; (B) The new name desired; and (C) A concise statement of the reason for the name change. (II) If the petitioner is over fourteen years of age, the petition shall also include the results of a certified, fingerprint-based criminal history record check conducted pursuant to paragraph (c) of this subsection (1) within ninety days prior to the date of the filing of the petition. (III) If the petitioner is under nineteen years of age, the petition shall also include the caption of any proceeding in which a court has ordered child support, allocation of parental responsibilities, or parenting time regarding the petitioner. (a.5) If the petitioner is under nineteen years of age and is the subject of an action concerning child support, allocation of parental responsibilities, or parenting time, then the petition for name change shall be filed in the court having jurisdiction over the action concerning child support, allocation of parental responsibilities, or parenting time. (b) The fingerprint-based criminal history check shall include arrests, conviction records, any criminal dispositions reflected in the Colorado bureau of investigation and federal bureau of investigation records, and fingerprint processing by the federal bureau of investigation and the Colorado bureau of investigation. The petitioner shall be responsible for providing certified copies of any criminal dispositions that are not reflected in the Colorado bureau of investigation or federal bureau of investigation records and any other dispositions which are unknown. (c) The petitioner shall be responsible for supplying fingerprints to the Colorado bureau of investigation and to the federal bureau of investigation and for obtaining the fingerprint-based criminal history record checks. The petitioner shall also be responsible for the cost of such checks. Colorado Revised Statutes 2019 Page 176 of 584 Uncertified Printout (1.5) Unless the petitioner has shown good cause why the publication provisions of section 13-15-102 should not apply, the court shall order the petitioner to publish notice as provided in section 13-15-102 and file proof of the publication with the court. (2) (a) Upon receipt of proof of publication or upon an order of the court stating that publication is not required, the court, except as otherwise provided in paragraphs (b) and (c) of this subsection (2), shall order the name change to be made and spread upon the records of the court in proper form if the court is satisfied that the desired change would be proper and not detrimental to the interests of any other person. (b) The court shall not grant a petition for a name change if the court finds the petitioner was previously convicted of a felony or adjudicated a juvenile delinquent for an offense that would constitute a felony if committed by an adult in this state or any other state or under federal law. If the certified, fingerprint-based criminal history check filed with the petition reflects a criminal charge for which there is no disposition shown, the court may grant the name change after affirmation in open court by the petitioner, or submission of a signed affidavit by the petitioner, stating he or she has not been convicted of a felony in this state or any other state or under federal law. (c) (Deleted by amendment, L. 2005, p. 20, § 1, effective February 23, 2005.) (3) Notwithstanding the provisions of paragraph (b) of subsection (2) of this section, the court may grant a petition for a change of name of a petitioner who was previously convicted of a felony in this state or any other state or adjudicated a juvenile delinquent for an offense that would constitute a felony if committed by an adult in this state or any other state or under federal law if the court finds that the petitioner must have a legal name change in order to be issued in that name a driver's license or identification card from the department of revenue and if all of the following requirements are met: (a) The petitioner meets all of the requirements of subsections (1) and (1.5) of this section and paragraph (a) of subsection (2) of this section; (b) The proposed name change is to a name under which the petitioner was convicted or adjudicated; except that, for good cause, the court may allow a change to a name other than a name under which the petitioner was convicted or adjudicated; (c) Prior to filing the petition, the name change applicant: (I) (A) Submits his or her fingerprints to the Colorado bureau of investigation and the federal bureau of investigation for purposes of obtaining a fingerprint-based criminal history records check along with a written request to add his or her proposed name as an alias to the name change applicant's criminal history record. (B) The Colorado bureau of investigation is authorized to add an alias to a name change applicant's criminal history record upon request. (II) (A) Notifies the district attorney's office in any district in which the applicant was convicted of a felony that he or she is requesting a name change pursuant to this subsection (3). (B) If the district attorney's office has a record of any victim of the applicant's crime, the district attorney's office shall send notice of the proposed name change to the victim. (III) If, at the time the petition is filed, the applicant is in custody of the department of corrections, under an order for probation or community corrections, or incarcerated in a county jail, the applicant provides written notice to the supervising agency that he or she is requesting a change of name under this section; and Colorado Revised Statutes 2019 Page 177 of 584 Uncertified Printout (IV) Provides the court with a copy of his or her criminal history record from both the Colorado bureau of investigation and the federal bureau of investigation and the criminal history report from the Colorado bureau of investigation reflects the addition of the proposed changed name as an alias; and (d) The court finds that: (I) The name change is not for the purpose of fraud, to avoid the consequences of a criminal conviction, or to facilitate a criminal activity; and (II) The desired name change would be proper and not detrimental to the interests of any other person. (4) The department of revenue shall not issue a driver's license or an identification card in the new name of a name change applicant unless the name change applicant submits a court order changing the applicant's name pursuant to this section. (5) (a) If a petitioner is seeking a name change to harmonize name discrepancies necessary to be issued an identification card, the petitioner: (I) If the petitioner attempted to obtain a fingerprint-based criminal history record check and results were inconclusive or unreadable, may submit, in lieu of a fingerprint-based criminal history record check, a name-based criminal history record check with all previously used names using the records of both the federal and Colorado bureaus of investigation and an attestation under penalty of perjury that the petitioner has not been convicted of a felony; and (II) Need not publish the name change under section 13-15-102. (b) To qualify for the simplified name change process in this subsection (5), the petitioner must: (I) Sign an affidavit that the purpose of the name change is to obtain an identification card issued by the department of revenue and that the desired name change would be proper and not detrimental to the interests of any other person; and (II) Be at least seventy years of age. (6) The provisions of this section do not apply to a motion filed pursuant to section 1410-120.2, C.R.S., requesting restoration of a prior full name after entry of a decree of dissolution or legal separation. Source: G.L. § 1850. G.S. § 2452. R.S. 08: § 4348. C.L. § 6484. CSA: C. 30, § 1. CRS 53: § 19-1-1. C.R.S. 1963: § 20-1-1. L. 65: p. 425, § 1. L. 87: Entire section amended, p. 1576, § 15, effective July 10. L. 2002: Entire section amended, p. 1141, § 1, effective June 3. L. 2004: (1)(a) and (1)(c) amended, p. 75, § 2, effective September 1; (1)(a) and (2) amended and (1.5) added, p. 119, § 1, effective September 1. L. 2005: (1)(a) and (2)(c) amended and (1)(a.5) added, p. 20, § 1, effective February 23. L. 2010: (3) and (4) added, (SB 10-006), ch. 341, p. 1579, § 5, effective June 5. L. 2014: (5) added, (SB 14-087), ch. 306, p. 1298, § 3, effective August 6. L. 2016: (6) added, (HB 16-1085), ch. 55, p. 134, § 2, effective September 1. Editor's note: Amendments to subsection (1)(a) by House Bill 04-1052 and House Bill 04-1195 were harmonized. Cross references: For the legislative declaration in the 2010 act adding subsections (3) and (4), see section 1 of chapter 341, Session Laws of Colorado 2010. Colorado Revised Statutes 2019 Page 178 of 584 Uncertified Printout 13-15-102. Publication of change. (1) Public notice of a change of name shall be given at least three times within twenty-one days after the court orders publication pursuant to section 13-15-101 (1.5). The person changing his or her name shall cause such public notice to be given in a newspaper published in the county in which the person resides. If no newspaper is published in that county, such notice shall be published in a newspaper in such county as the court directs. (2) Public notice of such name change through publication as required in subsection (1) of this section shall not be required if the petitioner has been: (a) The victim of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; (b) The victim of child abuse, as defined in section 18-6-401, C.R.S.; or (c) The victim of domestic abuse as that term is defined in section 13-14-101 (2). (3) A petitioner need not give public notice of a name change as required by subsection (1) of this section if the petitioner qualifies for the simplified process under section 13-15-101 (5). (4) [Editor's note: Subsection (4) is effective January 1, 2020.] A petitioner need not give public notice of a name change as required by subsection (1) of this section if the petitioner is changing the petitioner's name to conform with the petitioner's gender identity. Source: G.L. § 1851. G.S. § 2453. R.S. 08: § 4349. C.L. § 6485. CSA: C. 30, § 2. CRS 53: § 19-1-2. C.R.S. 1963: § 20-1-2. L. 99: Entire section amended, p. 1178, § 4, effective June 2. L. 2004: (2)(c) amended, p. 554, § 7, effective July 1; (1) amended, p. 120, § 2, effective September 1. L. 2005: (1) amended, p. 21, § 2, effective February 23. L. 2014: (3) added, (SB 14-087), ch. 306, p. 1298, § 4, effective August 6. L. 2019: (4) added, (HB 19-1039), ch. 377, p. 3408, § 6, effective January 1, 2020. Cross references: For the number of publications required, see § 24-70-106. COSTS ARTICLE 16 Costs - Civil Actions Cross references: For costs generally, see C.R.C.P. 41(d), 54(d), 58, 65(c), 69(b), 70, 80(a), and 102 and C.A.R. 10(b), 35(d), and 39; for docket fees and clerks' fees, see article 32 of this title; for witness fees, see §§ 13-33-102 and 13-33-103; for special fees in probate proceedings, see § 13-32-102; for fees of jurors, see § 13-33-101; for assessment of costs in criminal actions, see Crim. P. 32; for awarding of attorney fees in civil actions generally, see § 13-17-102. Law reviews: For article, "Obtaining Costs of Clients -- Part 1", see 14 Colo. Law. 1974 (1985). Colorado Revised Statutes 2019 Page 179 of 584 Uncertified Printout 13-16-101. Security for costs. (1) In all actions on official bonds for the use of any persons, actions on the bonds of executors, administrators, or guardians, and qui tam actions on any penal statute, the person or plaintiff for whose use the action is to be commenced, before he or she institutes such suit, shall file or cause to be filed with the clerk of the court in which the action is to be commenced an instrument in writing as described in subsection (3) of this section for security for the payment of costs of suit. (2) In all cases in law and equity where the plaintiff, or the person for whose use an action is to be commenced, is not a resident of this state, upon motion of the defendant or any officer of the court pursuant to section 13-16-102, the court may require the nonresident plaintiff to give an instrument in writing for the payment of costs of suit as described in subsection (3) of this section; except that, to ensure that access to the courts is not unreasonably denied, a court shall not require an instrument in writing for the payment of costs of suit in excess of five thousand dollars. (3) As used in this section and section 13-16-102, "instrument in writing" means an instrument in writing of some responsible person, being a resident of this state, to be approved by the clerk, whereby such person shall acknowledge himself or herself bound to pay, or cause to be paid, all costs which may accrue in such action either to the opposite party or to any of the officers of such courts, which instrument may be in form as follows: A. B. vs. C. D. ) ) ) .......... Court. I do hereby enter myself security for costs in this case, and acknowledge myself bound to pay, or cause to be paid, all costs which may accrue in this action, either to the opposite party or to any of the officers of this court pursuant to the laws of this state. .............................................................. Dated this ........ day of ........, 20.. . Source: R.S. p. 153, § 1. G.L. § 323. G.S. § 397. R.S. 08: § 1064. C.L. § 6580. CSA: C. 43, § 10. CRS 53: § 33-1-1. C.R.S. 1963: § 33-1-1. L. 2009: Entire section amended, (HB 09-1305), ch. 311, p. 1690, § 1, effective September 1. 13-16-102. Motion to require cost bond. If an action described in section 13-16-101 (2) is commenced by a nonresident of this state without filing an instrument in writing, or if at any time after the commencement of any suit by a resident of this state he or she shall become nonresident, and the court is satisfied that the nonresident plaintiff is unable to pay the costs of suit, the court may, on motion of the defendant or any officer of the court, order the nonresident plaintiff, on or before the day in such order named, to give an instrument in writing for the payment of costs in the suit. To ensure that access to the courts is not unreasonably denied, a court shall not require an instrument in writing for the payment of costs of suit in excess of five thousand dollars. If the nonresident plaintiff neglects or refuses, on or before the day in such rule named, to file such instrument, the court, on motion, shall dismiss the suit. Colorado Revised Statutes 2019 Page 180 of 584 Uncertified Printout Source: R.S. p. 154, § 2. G.L. § 324. G.S. § 398. L. 1885: p. 156, § 1. R.S. 08: § 1065. C.L. § 6581. CSA: C. 43, § 11. CRS 53: § 33-1-2. C.R.S. 1963: § 33-1-2. L. 2009: Entire section amended, (HB 09-1305), ch. 311, p. 1691, § 2, effective September 1. 13-16-103. Costs of poor person. (1) If the judge or justice of any court, including the supreme court, is at any time satisfied that any person is unable to prosecute or defend any civil action or special proceeding because he is a poor person and unable to pay the costs and expenses thereof, the judge or justice, in his discretion, may permit such person to commence and prosecute or defend an action or proceeding without the payment of costs; but, in the event such person prosecutes or defends an action or proceeding successfully, there shall be a judgment entered in his favor for the amount of court costs which he would have incurred except for the provision of this section, and this judgment shall be first satisfied out of any money paid into court, and such costs shall be paid to the court before any such judgment is satisfied of record. (2) In determining whether a plaintiff in an action brought pursuant to article 4 of title 14, C.R.S., may be permitted to proceed without the payment of costs, the court shall take into account only those assets to which the plaintiff has direct access. The court shall not consider assets which the plaintiff is unable to directly access even though the plaintiff may have an ownership interest in those assets. Source: R.S. p. 154, § 3. G.L. § 325. G.S. § 399. R.S. 08: § 1076. C.L. § 6592. CSA: C. 43, § 22. L. 47: p. 458, § 5. CRS 53: § 33-1-3. C.R.S. 1963: § 33-1-3. L. 64: p. 220, § 44. L. 79: Entire section amended, p. 600, § 21, effective July 1. L. 91: Entire section amended, p. 239, § 3, effective July 1. 13-16-104. When plaintiff recovers costs. If any person sues in any court of this state in any action, real, personal, or mixed, or upon any statute for any offense or wrong immediately personal to the plaintiff and recovers any debt or damages in such action, then the plaintiff or demandant shall have judgment to recover against the defendant his costs to be taxed; and the same shall be recovered, together with the debt or damages, by execution, except in the cases mentioned in this article. Source: R.S. p. 154, § 4. G.L. § 326. G.S. § 400. R.S. 08: § 1055. C.L. § 6571. CSA: C. 43, § 1. CRS 53: § 33-1-4. C.R.S. 1963: § 33-1-4. 13-16-105. When defendant recovers costs. If any person sues in any court of record in this state in any action wherein the plaintiff or demandant might have costs in case judgment is given for him and he is nonprossed, suffers a discontinuance, is nonsuited after appearance of the defendant, or a verdict is passed against him, then the defendant shall have judgment to recover his costs against the plaintiff, except against executors or administrators prosecuting in the right of their testator or intestate, or demandant, to be taxed; and the same shall be recovered of the plaintiff or demandant, by like process as the plaintiff or demandant might have had against the defendant, in case judgment has been given for the plaintiff or demandant. Colorado Revised Statutes 2019 Page 181 of 584 Uncertified Printout Source: R.S. p. 154, § 5. G.L. § 327. G.S. § 401. R.S. 08: § 1058. C.L. § 6574. CSA: C. 43, § 4. CRS 53: § 33-1-5. C.R.S. 1963: § 33-1-5. 13-16-106. Costs in replevin. Any person making justification or cognizance in replevin, if the same is found for him, or the plaintiff is nonsuited or nonprossed, suffers discontinuance, or is otherwise barred, then such person shall recover his damages and costs against the plaintiff. Source: R.S. p. 155, § 6. G.L. § 328. G.S. § 402. R.S. 08: § 1066. C.L. § 6582. CSA: C. 43, § 12. CRS 53: § 33-1-6. C.R.S. 1963: § 33-1-6. 13-16-107. Costs on motion to dismiss. If, in any action, judgment upon motion to dismiss by either party to the action is given against the plaintiff, the defendant shall recover costs against the plaintiff; if such judgment is given for the plaintiff, he shall recover costs against the defendant. Source: R.S. p. 155, § 7. G.L. § 329. G.S. § 403. R.S. 08: § 1056. C.L. § 6572. CSA: C. 43, § 2. CRS 53: § 33-1-7. C.R.S. 1963: § 33-1-7. 13-16-108. When several matters pleaded. When any defendant in any action, or plaintiff in replevin, pleads several matters, and any of such matters upon demurrer joined are adjudged insufficient, or if a verdict is found in any issue of the cause for the plaintiff, costs shall be given at the discretion of the court. Source: R.S. p. 155, § 8. G.L. § 330. G.S. § 404. R.S. 08: § 1067. C.L. § 6583. CSA: C. 43, § 13. CRS 53: § 33-1-8. C.R.S. 1963: § 33-1-8. 13-16-109. Costs on several counts. Where there are several counts in any declaration, and any of them are adjudged insufficient, or a verdict on any issue joined thereon is found for the defendant, costs shall be awarded in the discretion of the court. Source: R.S. p. 155, § 9. G.L. § 331. G.S. § 405. R.S. 08: § 1063. C.L. § 6579. CSA: C. 43, § 9. CRS 53: § 33-1-9. C.R.S. 1963: § 33-1-9. 13-16-110. When several defendants. Where several persons are made defendants to any action of trespass, assault, false imprisonment, detinue, replevin, trover, or ejectment, and any one or more of them are upon trial acquitted by verdict, every person so acquitted shall recover his costs of suit in like manner as if such verdict or acquittal had been given in favor of the defendant. Source: R.S. p. 155, § 10. G.L. § 332. G.S. § 406. R.S. 08: § 1068. C.L. § 6584. CSA: C. 43, § 14. CRS 53: § 33-1-10. C.R.S. 1963: § 33-1-10. 13-16-111. Recovery of costs of suit. A plaintiff who obtains judgment or an award of execution in an action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., shall recover Colorado Revised Statutes 2019 Page 182 of 584 Uncertified Printout his costs of suit. The defendant shall recover his costs if the action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., is dismissed pursuant to rule 41, C.R.C.P. Source: R.S. p. 155, § 11. G.L. § 333. G.S. § 407. R.S. 08: § 1069. C.L. § 6585. CSA: C. 43, § 15. CRS 53: § 33-1-11. C.R.S. 1963: § 33-1-11. 13-16-112. Number of witness fees taxed. In no case in the district court shall the fees of more than four witnesses be taxed against the party against whom judgment is given for costs, unless the court certifies on its minutes that more than four witnesses were really necessary, in which case the clerk shall tax the costs of as many witnesses as the court so certifies. Source: R.S. p. 155, § 12. G.L. § 334. G.S. § 408. R.S. 08: § 1062. C.L. § 6578. CSA: C. 43, § 8. CRS 53: § 33-1-12. C.R.S. 1963: § 33-1-12. 13-16-113. Costs upon dismissal or summary judgment. (1) In all cases where any action is dismissed for irregularity, or is nonprossed or nonsuited by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs. (2) In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other person, where any such action is dismissed prior to trial under rule 12 (b) of the Colorado rules of civil procedure, the defendant shall have judgment for his costs. This subsection (2) shall not apply if a motion under rule 12 (b)(5) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure. Source: R.S. p. 155, § 13. G.L. § 335. G.S. § 409. R.S. 08: § 1059. C.L. § 6575. CSA: C. 43, § 5. CRS 53: § 33-1-13. C.R.S. 1963: § 33-1-13. L. 87: Entire section amended, p. 547, § 1, effective July 1. 13-16-114. Costs in equity. Upon the complainant dismissing his bill in equity or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and, in all other cases in equity not otherwise directed by law, it is in the discretion of the court to award costs or not. Source: R.S. p. 155, § 14. G.L. § 336. G.S. § 410. R.S. 08: § 1060. C.L. § 6576. CSA: C. 43, § 6. CRS 53: § 33-1-14. C.R.S. 1963: § 33-1-14. 13-16-115. In suit for use of another. When any suit is commenced in the name of one person to the use of another, the person to whose use the action is brought shall be held liable and bound for the payment of all costs which the plaintiff may be adjudged or bound to pay, to be recovered by civil action. Source: R.S. p. 156, § 15. G.L. § 337. G.S. § 411. R.S. 08: § 1057. C.L. § 6573. CSA: C. 43, § 3. CRS 53: § 33-1-15. C.R.S. 1963: § 33-1-15. Colorado Revised Statutes 2019 Page 183 of 584 Uncertified Printout 13-16-116. Costs in adverse suit. In all cases where any person makes an application for a patent to any lode, claim, placer claim, millsite, or other mining property under the mining laws of the United States, and any other person claiming adversely to such applicant files an adverse claim in the proper land office or brings a suit for the purpose of determining the title, or right of possession, to such mining property, or any part thereof, if such adverse claimant, being plaintiff in such suit, prevails, so as to recover costs therein, he shall also recover and be entitled to tax as a part of his said costs all disbursements and expense necessarily incurred and paid by him for plats, abstracts, and copies of papers filed in said land office with his adverse claim, and also a reasonable counsel fee, not exceeding fifty dollars in any case, for the expense of preparing his said adverse claim. Source: L. 1876: p. 54, § 1. G.L. § 349. G.S. § 423. R.S. 08: § 1061. C.L. § 6577. CSA: C. 43, § 7. CRS 53: § 33-1-16. C.R.S. 1963: § 33-1-16. 13-16-117. On appeal from decisions in probate. In all cases of appeal from the decision of a court of probate, the assessment of costs shall be in the discretion of the court in which such appeal is heard. Source: R.S. p. 156, § 17. G.L. § 339. G.S. § 413. R.S. 08: § 1070. C.L. § 6586. CSA: C. 43, § 16. CRS 53: § 33-1-17. C.R.S. 1963: § 33-1-17. 13-16-118. Clerk to tax costs. The clerk of any court in the state is authorized and required to tax and subscribe all bills of costs arising in any cause or proceeding in the court of which he is clerk, agreeable to the rates which are allowed or specified by law. Source: R.S. p. 156, § 19. G.L. § 341. G.S. § 415. R.S. 08: § 1073. C.L. § 6589. CSA: C. 43, § 19. CRS 53: § 33-1-18. C.R.S. 1963: § 33-1-18. Cross references: For the fees of the clerk of court, see article 32 of this title. 13-16-119. Costs retaxed - forfeit by clerk. If any person feels aggrieved by the taxation of any bill of costs, he may apply to the court to have the same retaxed, and, if it appears that the party aggrieved has paid any higher charge than by law is allowed, the court may order that the clerk forfeit all fees allowed to him for taxation and pay to the party aggrieved the whole amount which he has paid by reason of the allowing of any unlawful charge. Source: R.S. p. 156, § 20. G.L. § 342. G.S. § 416. R.S. 08: § 1074. C.L. § 6590. CSA: C. 43, § 20. CRS 53: § 33-1-19. C.R.S. 1963: § 33-1-19. 13-16-120. Fee bill - precept - levy and return. The clerk shall make out a bill of costs as the same have been taxed in any cause against the party liable to pay the same and his security for costs, if any, together with his precept, directed to the sheriff of the proper county, commanding that, if the costs in the said bill of costs mentioned are not paid within thirty days after demand made therefor, he shall cause the same to be levied on the goods and chattels, lands and tenements, of the party so liable therefor, and his security, if any, named therein. Every such Colorado Revised Statutes 2019 Page 184 of 584 Uncertified Printout fee bill shall run in the name of the people, shall be under the seal of the court, and shall be returnable within ninety days from the date thereof, and the sheriff shall proceed to collect the same. Source: R.S. p. 156, § 21. G.L. § 343. G.S. § 417. R.S. 08: § 1075. C.L. § 6591. CSA: C. 43, § 21. CRS 53: § 33-1-20. C.R.S. 1963: § 33-1-20. 13-16-121. (Repealed) Costs allowed to defendants who prevail against public entities. Source: L. 77: Entire section added, p. 796, § 1, effective July 1. L. 84: Entire section repealed, p. 462, § 6, effective July 1. 13-16-122. Items includable as costs. (1) Whenever any court of this state assesses costs pursuant to any provision of this article, such costs may include: (a) Any docket fee required by article 32 of this title or any other fee or tax required by statute to be paid to the clerk of the court; (b) The jury fees and expenses provided for in article 71 of this title; (c) Any fees required to be paid to sheriffs pursuant to section 30-1-104, C.R.S.; (d) Any fees of the court reporter for all or any part of a transcript necessarily obtained for use in this case; (e) The witness fees, including subsistence payments, mileage at the rate authorized by section 13-33-103, and charges for expert witnesses approved pursuant to section 13-33-102 (4); (f) Any fees for exemplification and copies of papers necessarily obtained for use in the case; (g) Any costs of taking depositions for the perpetuation of testimony, including reporters' fees, witness fees, expert witness fees, mileage for witnesses, and sheriff fees for service of subpoenas; (h) Any attorney fees, when authorized by statute or court rule; (i) Any fees for service of process or fees for any required publications; (j) Any item specifically authorized by statute to be included as part of the costs. Source: L. 81: Entire section added, p. 947, § 2, effective July 1. L. 2001: (1)(b) amended, p. 1270, § 18, effective June 5. Cross references: For items includable as costs in criminal actions, see § 18-1.3-701. 13-16-123. Award of fees and costs to garnishee. In any action before the court in which a garnishee incurs attorney fees in excess of the cost of preparing and filing his answer, the court may order that the costs of the proceeding, mileage fees as a witness, and reasonable attorney fees be paid to the garnishee when the court finds that the bringing, maintaining, or defense of the action involving the garnishee was frivolous, groundless, or without reasonable basis. The award of costs and fees may be allocated among the parties as the court deems just. Source: L. 83: Entire section added, p. 616, § 1, effective May 20. Colorado Revised Statutes 2019 Page 185 of 584 Uncertified Printout 13-16-124. Sheriff's fees charged to judicial department. Except as provided for by section 13-16-103, in any civil action in which civil process is delivered to a county or city and county sheriff by the judicial department for service of process, the court in which the civil action is pending shall assess as costs against the party or parties requesting such service to be paid to the court the fees charged by the sheriff pursuant to section 30-1-104 (1), C.R.S. No civil action may be dismissed until such costs have been paid to the court. Source: L. 96: Entire section added, p. 751, § 2, effective July 1. 13-16-125. Limit on supersedeas bond. (1) In any civil action brought under any legal theory, the amount of a supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellate courts shall be set in accordance with applicable law; except that the total amount of the supersedeas bonds that are required collectively of all appellants during the appeal of a civil action may not exceed twenty-five million dollars in the aggregate, regardless of the amount of the judgment that is appealed. (2) Notwithstanding the provisions of subsection (1) of this section, if an appellee proves by a preponderance of the evidence that an appellant who has posted a supersedeas bond is intentionally dissipating or diverting assets outside the ordinary course of its business for the purpose of avoiding payment of the judgment, a court may enter orders that are necessary to protect the appellee or that require the appellant to post a supersedeas bond in an amount up to and including the total amount of the judgment that is appealed. Source: L. 2003: Entire section added, p. 1871, § 1, effective May 20. ARTICLE 17 Attorney Fees Law reviews: For article, "Attorneys' Fees Against Parties and Attorneys", see 13 Colo. Law. 1202 (1984); for article, "Attorney Fees: The English Rule in Colorado", see 13 Colo. Law. 1642 (1984); for comment, "Attorney Fee Assessments for Frivolous Litigation in Colorado", see 56 U. Colo. L. Rev. 663 (1985); for article, "Civil Rights", which discusses Tenth Circuit decisions dealing with attorney fees in civil rights litigation, see 62 Den. U. L. Rev. 71 (1985); for article, "Federal Practice and Procedure", which discusses a Tenth Circuit decision dealing with attorney fees under the Equal Access to Justice Act, see 62 Den. U. L. Rev. 215 (1985); for article, "Managing and Streamlining the Small Lawsuit", see 15 Colo. Law. 1389 (1986); for article, "Revisiting the Recovery of Attorney Fees and Costs in Colorado", see 33 Colo. Law 11 (April 2004); for article, "The 'Finality' of an Order When a Request for Attorney Fees Remains Outstanding", see 43 Colo. Law. 41 (May 2014). PART 1 FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS Colorado Revised Statutes 2019 Page 186 of 584 Uncertified Printout 13-17-101. Legislative declaration. The general assembly recognizes that courts of record of this state have become increasingly burdened with litigation which is straining the judicial system and interfering with the effective administration of civil justice. In response to this problem, the general assembly hereby sets forth provisions for the recovery of attorney fees in courts of record when the bringing or defense of an action, or part thereof (including any claim for exemplary damages), is determined to have been substantially frivolous, substantially groundless, or substantially vexatious. All courts shall liberally construe the provisions of this article to effectuate substantial justice and comply with the intent set forth in this section. Source: L. 77: Entire article added, p. 796, § 2, effective July 1. L. 84: Entire section R&RE, p. 460, § 1, effective July 1. 13-17-102. Attorney fees - definitions. (1) Subject to the provisions of this section, in any civil action of any nature commenced or appealed in any court of record in this state, the court may award, except as this article otherwise provides, as part of its judgment and in addition to any costs otherwise assessed, reasonable attorney fees. (2) Subject to the limitations set forth elsewhere in this article, in any civil action of any nature commenced or appealed in any court of record in this state, the court shall award, by way of judgment or separate order, reasonable attorney fees against any attorney or party who has brought or defended a civil action, either in whole or in part, that the court determines lacked substantial justification. (2.1) Notwithstanding any other provision of this part 1, the filing of a certificate of review pursuant to section 13-20-602 related to any licensed health care professional shall create a rebuttable presumption that the claim or action is not frivolous or groundless, but it shall not relieve the plaintiff or his attorney from ongoing obligations under rule 11 of Colorado rules of civil procedure. (3) When a court determines that reasonable attorney fees should be assessed, it shall allocate the payment thereof among the offending attorneys and parties, jointly or severally, as it deems most just, and may charge such amount, or portion thereof, to any offending attorney or party. (4) The court shall assess attorney fees if, upon the motion of any party or the court itself, it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under the Colorado rules of civil procedure or a designation by a defending party under section 13-21111.5 (3) that lacked substantial justification. As used in this article, "lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious. (5) No attorney fees shall be assessed if, after filing suit, a voluntary dismissal is filed as to any claim or action within a reasonable time after the attorney or party filing the dismissal knew, or reasonably should have known, that he would not prevail on said claim or action. (6) No party who is appearing without an attorney shall be assessed attorney fees unless the court finds that the party clearly knew or reasonably should have known that his action or defense, or any part thereof, was substantially frivolous, substantially groundless, or substantially vexatious; except that this subsection (6) shall not apply to situations in which an Colorado Revised Statutes 2019 Page 187 of 584 Uncertified Printout attorney licensed to practice law in this state is appearing without an attorney, in which case, he shall be held to the standards established for attorneys elsewhere in this article. (7) No attorney or party shall be assessed attorney fees as to any claim or defense which the court determines was asserted by said attorney or party in a good faith attempt to establish a new theory of law in Colorado. (8) This section shall not apply to traffic offenses, matters brought under the provisions of the "Colorado Children's Code", title 19, C.R.S., or related juvenile matters, or matters involving violations of municipal ordinances. Source: L. 77: Entire article added, p. 797, § 2, effective July 1. L. 84: Entire section R&RE, p. 460, § 2, effective July 1. L. 86: (4) amended, p. 681, § 4, effective July 1. L. 90: (2.1) added, p. 862, § 1, effective July 1. L. 2006: (8) amended, p. 237, § 6, effective July 1. L. 2009: (8) amended, (HB 09-1248), ch. 252, p. 1136, § 24, effective May 14. Cross references: For award of attorney fees and other costs in actions involving garnishees, see § 13-16-123. 13-17-103. Procedure for determining reasonable fee - judicial discretion. (1) In determining the amount of an attorney fee award, the court shall exercise its sound discretion. When granting an award of attorney fees, the court shall specifically set forth the reasons for said award and shall consider the following factors, among others, in determining whether to assess attorney fees and the amount of attorney fees to be assessed against any offending attorney or party: (a) The extent of any effort made to determine the validity of any action or claim before said action or claim was asserted; (b) The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid within an action; (c) The availability of facts to assist a party in determining the validity of a claim or defense; (d) The relative financial positions of the parties involved; (e) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith; (f) Whether or not issues of fact determinative of the validity of a party's claim or defense were reasonably in conflict; (g) The extent to which the party prevailed with respect to the amount of and number of claims in controversy; (h) The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court. Source: L. 77: Entire article added, p. 797, § 2, effective July 1. L. 84: Entire section R&RE, p. 461, § 3, effective July 1. 13-17-104. Fee arrangements between attorney and client. The attorney and his client shall remain free to negotiate in private the actual fee which the client is to pay his attorney. Colorado Revised Statutes 2019 Page 188 of 584 Uncertified Printout Source: L. 77: Entire article added, p. 798, § 2, effective July 1. 13-17-105. Stipulation as to fees. With the approval of the court, two or more parties to an action may agree, by written stipulation filed with the court or by oral stipulation in open court, to no award of attorney fees or an award of attorney fees in a manner different from that provided in this article. Source: L. 77: Entire article added, p. 798, § 2, effective July 1. L. 84: Entire section R&RE, p. 462, § 4, effective July 1. 13-17-106. Applicability. This article shall apply in all cases covered by this article unless attorney fees are otherwise specifically provided by statute, in which case the provision allowing the greater award shall prevail. Source: L. 77: Entire article added, p. 798, § 2, effective July 1. L. 84: Entire section amended, p. 462, § 5, effective July 1. PART 2 ATTORNEY FEES IN CIVIL ACTIONS IN GENERAL 13-17-201. Award of reasonable attorney fees in certain cases. In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other person, where any such action is dismissed on motion of the defendant prior to trial under rule 12 (b) of the Colorado rules of civil procedure, such defendant shall have judgment for his reasonable attorney fees in defending the action. This section shall not apply if a motion under rule 12 (b) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure. Source: L. 87: Entire part added, p. 547, § 2, effective July 1. 13-17-202. Award of actual costs and fees when offer of settlement was made. (1) (a) Notwithstanding any other statute to the contrary, except as provided in section 24-10-106.3, C.R.S., in any civil action of any nature commenced or appealed in any court of record in this state: (I) If the plaintiff serves an offer of settlement in writing at any time more than fourteen days before the commencement of the trial that is rejected by the defendant, and the plaintiff recovers a final judgment in excess of the amount offered, then the plaintiff shall be awarded actual costs accruing after the offer of settlement to be paid by the defendant. (II) If the defendant serves an offer of settlement in writing at any time more than fourteen days before the commencement of the trial that is rejected by the plaintiff, and the plaintiff does not recover a final judgment in excess of the amount offered, then the defendant shall be awarded actual costs accruing after the offer of settlement to be paid by the plaintiff. However, as provided in section 13-16-104, if the plaintiff is the prevailing party in the action, Colorado Revised Statutes 2019 Page 189 of 584 Uncertified Printout the plaintiff's final judgment shall include the amount of the plaintiff's actual costs that accrued prior to the offer of settlement. (III) If an offer of settlement is not accepted in writing within fourteen days after service of the offer, the offer shall be deemed rejected, and the party who made the offer is not precluded from making a subsequent offer. Evidence thereof is not admissible except in a proceeding to determine costs. (IV) If an offer of settlement is accepted in writing within fourteen days after service of the offer, the offer of settlement shall constitute a binding settlement agreement, fully enforceable by the court in which the civil action is pending. (V) An offer of settlement under this section shall remain open for at least fourteen days from the date of service unless withdrawn by service of withdrawal of the offer of settlement. (VI) An offer of settlement served at any time fourteen days or less before the commencement of the trial shall not be subject to this section, and evidence thereof is not admissible for any purpose. (b) For purposes of this section, "actual costs" shall not include attorney fees but shall mean costs actually paid or owed by the party, or his or her attorneys or agents, in connection with the case, including but not limited to filing fees, subpoena fees, reasonable expert witness fees, copying costs, court reporter fees, reasonable investigative expenses and fees, reasonable travel expenses, exhibit or visual aid preparation or presentation expenses, legal research expenses, and all other similar fees and expenses. (2) When comparing the amount of any offer of settlement to the amount of a final judgment actually awarded, any amount of the final judgment representing interest subsequent to the date of the offer in settlement shall not be considered. (3) When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of settlement, which shall have the same effect as an offer made before trial (except with respect to costs already incurred) if it is served pursuant to subsection (1) of this section. Source: L. 90: Entire section added, p. 852, § 14, effective May 31. L. 95: Entire section amended, p. 1194, § 1, effective July 1. L. 2003: (1) amended, p. 1359, § 1, effective July 1. L. 2008: (1)(a)(II) amended, p. 8, § 1, effective July 1. L. 2015: IP(1)(a) amended, (SB 15-213), ch. 266, p. 1039, § 5, effective June 3. Cross references: (1) For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990. (2) For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015. 13-17-203. Limitation on attorney fees in class action litigation against public entities. If the plaintiffs prevail in any class action litigation brought against any public entity, as defined in section 24-10-103 (5), C.R.S., the amount of attorney fees which the plaintiffs' attorney is entitled to receive out of any award to the plaintiffs shall be determined by the court; except that such amount shall not exceed two hundred fifty thousand dollars. Such limitation shall apply where the public entity pays the attorney fees directly to the plaintiffs' attorneys or Colorado Revised Statutes 2019 Page 190 of 584 Uncertified Printout where the public entity is required to pay the attorney fees indirectly through any program it administers by reducing the benefits or amounts due to the individual plaintiffs. Source: L. 92: Entire section added, p. 272, § 1, effective April 28. Cross references: For provisions relating to limitations on attorney fees in class action litigation against public entities under the "Colorado Governmental Immunity Act", see § 24-10114.5. PART 3 RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES LIMITATION ON CONTINGENT FEE CONTRACTS 13-17-301. Short title. This part 3 shall be known and may be cited as the "Government Attorney Ethics Act". Source: L. 2003: Entire part added, p. 924, § 1, effective August 6. 13-17-302. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) In recent years, it has become increasingly common for governmental entities to retain attorneys pursuant to contingent fee contracts and disputes have arisen in several states regarding the amount and propriety of contingent fees; (b) Contingent fees are intended to enable persons of modest means to obtain legal representation that they might not otherwise be able to afford but governmental entities have resources that are unavailable to individual citizens; (c) Governmental entities should be required to fully consider the costs and risks of litigation before retaining an attorney pursuant to a contingent fee contract; (d) The department of law ordinarily represents the interests of the state of Colorado; (e) Governmental officials, including attorneys who represent governmental entities on a contractual basis, are entrusted to protect the health, safety, and well-being of citizens and it is the policy of the state that a person who exercises authority on behalf of a governmental entity generally should not have a personal financial stake in the outcome of litigation initiated on behalf of the governmental entity; (f) A contingent fee contract that gives an attorney who is retained to represent a governmental entity a direct personal stake in the outcome of legal proceedings is potentially unfair to the citizens or businesses against whom the governmental entity has filed suit and may not serve the best interests of the citizens or businesses on whose behalf the governmental entity initiates legal proceedings; (g) Because contingent fee contracts do not require the appropriation of moneys, such contracts circumvent the system of checks and balances that ordinarily provides accountability for decisions of governmental entities and it is appropriate to limit contingent fee contracts to ensure that the decision-making process is protected; Colorado Revised Statutes 2019 Page 191 of 584 Uncertified Printout (h) A contingent fee contract may result in the payment of excessive attorney fees by a governmental entity, thereby denying citizens represented by government the full measure of justice awarded by the courts; (i) It is in the best interest of the people of Colorado to limit the circumstances in which governmental entities may retain private attorneys pursuant to contingent fee contracts. Source: L. 2003: Entire part added, p. 924, § 1, effective August 6. 13-17-303. Definitions. As used in this article, unless the context otherwise requires: (1) "Contingent fee" means a fee for legal services that is contingent in whole or in part upon the successful outcome of the matter for which the legal services were retained. (2) "Contingent fee contract" or "contract" means a contract for legal services in which the amount of the fee to be paid for the legal services depends in whole or in part upon the successful outcome of the matter for which the services were obtained. The term also includes any contract that specifies that fees for legal services will be determined by a court or an arbitrator or any provision of a settlement agreement that requires the opposing party to pay fees for legal services directly to a private attorney retained by a governmental entity pursuant to a contingent fee contract. (3) "Governmental entity" means the state, any department or agency of the state, and any state-sponsored institution of higher education. Source: L. 2003: Entire part added, p. 925, § 1, effective August 6. 13-17-304. Limitation on contingent fees - applicability. (1) (a) Except as otherwise provided in subsections (2) and (3) of this section, and notwithstanding any other provision of law, a contingent fee contract between a governmental entity and a private attorney shall: (I) Require the private attorney to maintain and provide to the governmental entity on a monthly basis a contemporaneous record of the hours of legal services provided by individual attorneys, the nature of such services, and any court costs incurred during each month and in the aggregate from the effective date of the contingent fee contract; (II) Require the private attorney, upon the successful resolution of the matter for which the private attorney was retained, to provide to the governmental entity a statement of the hours of legal services provided by attorneys, the nature of such services, the amount of court costs incurred, the total amount of the contingent fee, and the average hourly rate for legal services provided by attorneys; and (III) Specify an alternative hourly rate, not to exceed one thousand dollars per hour, at which the attorney shall be compensated in the event that the statement provided by the attorney indicates an average hourly rate for legal services provided by attorneys of more than one thousand dollars per hour. (b) The average hourly rate for legal services provided by attorneys shall be determined by dividing the amount of the contingent fee, less the amount of court costs incurred if said amount is part of the contingent fee, by the number of hours of legal services provided by attorneys. Clerical work, including but not limited to transcription, photocopying, and document filing and organization, shall not be considered legal services provided by attorneys even if an attorney performs such work. Colorado Revised Statutes 2019 Page 192 of 584 Uncertified Printout (2) The limitations and requirements of subsection (1) of this section shall not apply to any contingent fee contract entered into by a governmental entity prior to August 6, 2003. (3) The limitations and requirements of subsection (1) of this section shall not apply to any contingent fee contract entered into by a governmental entity if the contract is for legal services performed by an attorney in connection with the collection of debts or taxes owed to a governmental entity and was entered into pursuant to section 23-3.1-104 (1)(f) or (2)(i), 23-5113 (1), 24-30-202.4, or 39-21-114, C.R.S., or any other statutory provision that expressly authorizes or requires the payment of a portion of the moneys collected to an attorney retained to collect such debts or taxes. (4) Compliance with this part 3 does not relieve a contracting attorney of any obligation or legal responsibility imposed by the Colorado rules of professional conduct or any provision of law. Source: L. 2003: Entire part added, p. 926, § 1, effective August 6. ARTICLE 17.5 Costs - Attorney Fees Inmate Lawsuits 13-17.5-101. Legislative declaration. (1) The general assembly declares that the state has a strong interest in limiting substantially frivolous, groundless, or vexatious inmate lawsuits that impose an undue burden on the state judicial system. While recognizing an inmate's right to access the courts for relief from unlawful state actions, the general assembly finds that a significant number of inmates file substantially frivolous, groundless, or vexatious lawsuits. (2) The general assembly, therefore, determines that it is necessary to enact legislation that promotes efficiency in the disposition of inmate lawsuits by providing for preliminary matters to be determined by magistrates and to provide for sanctions against inmates who are allowed to file claims against public defendants and whose claims are dismissed as frivolous. Source: L. 95: Entire article added, p. 478, § 1, effective July 1. 13-17.5-102. Definitions. As used in this article only: (1) "Civil action" means the filing of a complaint, petition, writ, or motion with any court within the state, including any appellate court; except that "civil action" does not include any criminal action or an action for habeas corpus under article 45 of this title. (1.5) "Detaining facility" means any state correctional facility, as defined in section 171-102 (1.7), C.R.S., including the youthful offender system, any private correctional facility housing state prisoners pursuant to part 2 of article 1 of title 17, C.R.S., any local jail, as defined in section 16-11-308.5 (1.5), C.R.S., or any community corrections program, established in article 27 of title 17, C.R.S. A detaining facility shall not include any juvenile detention facility that detains only juveniles. (2) "Inmate" means a person who is sentenced or is awaiting sentencing to any detaining facility. Colorado Revised Statutes 2019 Page 193 of 584 Uncertified Printout (3) "Public defendant" means any state, county, or municipal agency, any state, county, or municipal official or employee acting within the scope of his or her authority, or any agent acting on behalf of any state, county, or municipal agency. Source: L. 95: Entire article added, p. 478, § 1, effective July 1. L. 98: (1) amended and (1.5) added, p. 246, § 1, effective April 13. 13-17.5-102.3. Exhaustion of remedies. (1) No inmate shall bring a civil action based upon prison conditions under any statute or constitutional provision until all available administrative remedies have been exhausted in a timely fashion by the entity operating the detaining facility and inmate. For purposes of this subsection (1), an inmate shall be considered to have exhausted all available administrative remedies when the inmate has completed the last step in the inmate grievance process as set forth in the regulations promulgated by the entity operating the detaining facility. Failure to allege in the civil action that all available administrative remedies have been exhausted in accordance with this subsection (1) shall result in dismissal of the civil action. (2) Notwithstanding subsection (1) of this section, if a court finds that a claim filed by an inmate is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from monetary relief, a court may dismiss the claim without first requiring exhaustion of administrative remedies. Source: L. 98: Entire section added, p. 247, § 2, effective April 13. L. 2001: (1) amended, p. 289, § 1, effective July 1. 13-17.5-102.7. Successive claims. (1) No inmate who on three or more occasions has brought a civil action based upon prison conditions that has been dismissed on the grounds that it was frivolous, groundless, or malicious or failed to state a claim upon which relief may be granted or sought monetary relief from a defendant who is immune from such relief, shall be permitted to proceed as a poor person in a civil action based upon prison conditions under any statute or constitutional provision. (2) Notwithstanding the provisions of subsection (1) of this section, an inmate may proceed as a poor person in a civil action if the judge finds that the action alleges sufficient facts which, if assumed to be true, would demonstrate that the inmate is in imminent danger of serious physical injury. (3) (a) A copy of any court order that dismisses an inmate's civil action on the grounds that it is frivolous, groundless, or malicious or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief shall be mailed by the court clerk to the Colorado attorney general, whether or not the attorney general entered an appearance in the civil action, and whether or not the civil action involved a state correctional facility or state defendant. The attorney general shall monitor the dismissals described in this paragraph (a). (b) The attorney general shall inform the state judicial department or the chief judge of each judicial district whenever the attorney general becomes aware that an inmate has been assessed three or more dismissals as described in paragraph (a) of this subsection (3). Each judicial district shall maintain a registry of such information. An inmate listed in the registry Colorado Revised Statutes 2019 Page 194 of 584 Uncertified Printout who brings a civil action shall be subject to the provisions of subsections (1) and (2) of this section. Source: L. 98: Entire section added, p. 247, § 2, effective April 13. L. 2001: Entire section amended, p. 289, § 2, effective July 1. 13-17.5-103. Filing fees. (1) An inmate who seeks to proceed in any civil action without prepayment of fees, in addition to filing any required affidavit, shall submit a copy of the inmate's account statement for the six-month period immediately preceding the filing of the civil action, certified by an appropriate official at the detaining facility. If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief, the motion to proceed as a poor person shall be denied. (2) Any inmate who is allowed to proceed in the civil action as a poor person shall be required to pay the full amount of the filing fee and service of process fees previously paid by the court in the following installments: (a) If the inmate has ten dollars or more in his or her inmate account, make an initial partial payment in accordance with the order of the court; and (b) Regardless if the inmate has ten dollars in his or her inmate account at the time of the filing of the civil action, make continuing monthly payments to the court equal to twenty percent of the preceding month's deposits in the inmate's account until the filing fee and service of process fees previously paid by the court are paid in full. (2.5) The court shall include in its order granting permission to proceed as a poor person the requirement that the inmate comply with the provisions of subsection (2) of this section. (2.7) A copy of any order granting an inmate's motion to proceed in a civil action as a poor person shall be forwarded by the court to the detaining facility that has custody of the inmate. Upon receipt of the order, the detaining facility shall forward payments from the inmate's account to the court in accordance with the order granting leave to proceed as a poor person. (3) In no event shall an inmate be prohibited from filing a civil action or appealing a civil or criminal judgment because the inmate has no assets and no means by which to pay the initial partial payment. Source: L. 95: Entire article added, p. 479, § 1, effective July 1. L. 98: Entire section amended, p. 248, § 4, effective April 13. L. 2001: Entire section amended, p. 290, § 3, effective July 1. 13-17.5-104. Stay of state judicial proceedings. If the court determines, during the course of a state civil action by an inmate against any public defendant, that a federal civil action or grievance procedure is pending that involves the inmate and any of the same issues raised in the state civil action, the court shall stay the state civil action until the federal civil action or the grievance procedure is completed and all rights of appeal have been exhausted. Source: L. 95: Entire article added, p. 479, § 1, effective July 1. Colorado Revised Statutes 2019 Page 195 of 584 Uncertified Printout 13-17.5-105. Proceedings before magistrate. As provided by sections 13-5-201 and 136-501, district and county court magistrates may preside over inmate motions filed pursuant to section 13-16-103 and motions filed pursuant to the Colorado rules of civil procedure to dispose of the inmate's action without the necessity of trial. Source: L. 95: Entire article added, p. 479, § 1, effective July 1. 13-17.5-106. Assessment of costs and attorney fees - review of inmate spending from account - recovery of costs from inmate accounts - alternative sanctions - continuing garnishment authorized. (1) (a) In any action based upon prison conditions brought under any statute or constitutional provision, if attorney fees are recoverable pursuant to any state or federal statute, no attorney fees shall be awarded to an inmate, except to the extent that: (I) The fees were directly and reasonably incurred in proving an actual violation of the inmate's rights protected by the constitution or statute; and (II) (A) The amount of the fees is proportionately related to the court-ordered relief for the violation; or (B) The fees were directly and reasonably incurred in enforcing the relief ordered for the violation. (b) No award of attorney fees under paragraph (a) of this subsection (1) shall be based on an hourly rate in excess of one hundred fifty percent of the hourly rate paid to court-appointed counsel in the district in which the action was filed. (c) Whenever a separate monetary judgment is awarded in an action in which attorney fees are awarded under paragraph (a) of this subsection (1), a portion of the judgment not to exceed twenty-five percent shall be applied to reduce the amount of attorney fees awarded against the defendant. (d) Nothing in this subsection (1) shall prohibit an inmate from entering into an agreement to pay an attorney fee in excess of the amount authorized in this subsection (1), if the fee is paid by the individual rather than by a defendant. (2) The court may also enter judgment against an inmate who has been allowed to proceed as a poor person pursuant to section 13-16-103 for the amount of court costs and fees that the inmate would have incurred except for the provisions of that section, if the court awards attorney fees pursuant to subsection (1) of this section. The judgment entered by the court shall be collected and applied in accordance with subsection (3) of this section. (3) If judgment for costs and attorney fees is awarded to a public defendant or to the court, pursuant to subsection (1) or (2) of this section, the court, pursuant to section 13-54.5-102, shall issue a writ of continuing garnishment of the inmate's account with the detaining facility, which garnishment shall continue until the judgment is paid in full, notwithstanding the requirement set forth in section 13-54.5-103 that the garnishment be renewed. Source: L. 95: Entire article added, p. 479, § 1, effective July 1. L. 98: (1) amended, p. 247, § 3, effective April 13. 13-17.5-106.5. Court-ordered payment. Any compensatory damages awarded to an inmate in connection with a civil action brought against any federal, state, or local jail, prison, or facility or against any official or agent of a jail, prison, or facility, after deduction for any award Colorado Revised Statutes 2019 Page 196 of 584 Uncertified Printout of attorney fees pursuant to section 13-17.5-106 (1)(c), shall be paid directly to satisfy any outstanding court-ordered payments pending against the inmate, including but not limited to restitution or child support. The remainder of the award after full payment of all pending court orders shall be forwarded to the inmate. Source: L. 98: Entire section added, p. 247, § 2, effective April 13. 13-17.5-107. Construction of article - severability. Nothing in this article shall be construed to impede an inmate's constitutional right of access to the courts. If any provision of this section or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this section which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are declared to be severable. Source: L. 95: Entire article added, p. 480, § 1, effective July 1. 13-17.5-108. Teleconferenced hearings. The department of law, the department of corrections, and the state judicial department shall cooperate to determine the cost of and actively pursue federal funding and contributions from any public or private entity for the purpose of developing, implementing, and maintaining a teleconferencing system for conducting proceedings in connection with state or federal civil actions filed by an inmate against a public defendant. On or before December 1, 1996, the state judicial department shall inform the judiciary committees of the general assembly of the progress made in pursuing funds for the development of the system. On or before March 1, 1996, the state judicial department shall submit a detailed plan to implement the use of a teleconferencing system for all proceedings in which an inmate is a witness or a party. Source: L. 95: Entire article added, p. 480, § 1, effective July 1. REGULATION OF ACTIONS AND PROCEEDINGS ARTICLE 20 Actions Annotator's note. For a discussion of standing issues in a child's claim for loss of consortium in the death of a parent, an issue of first impression in Colorado, see Reighley v. International Playtex, Inc., 604 F. Supp. 1078 (D. Colo. 1985). Law reviews: For article, "Section 1983 Litigation in State Courts: A Review", see 18 Colo. Law. 27 (1989). PART 1 Colorado Revised Statutes 2019 Page 197 of 584 Uncertified Printout SURVIVAL OF ACTIONS 13-20-101. What actions survive. (1) All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued, but punitive damages shall not be awarded nor penalties adjudged after the death of the person against whom such punitive damages or penalties are claimed; and, in tort actions based upon personal injury, the damages recoverable after the death of the person in whose favor such action has accrued shall be limited to loss of earnings and expenses sustained or incurred prior to death and shall not include damages for pain, suffering, or disfigurement, nor prospective profits or earnings after date of death. An action under this section shall not preclude an action for wrongful death under part 2 of article 21 of this title. (2) Any action under this section may be brought or the court on motion may allow the action to be continued by or against the personal representative of the deceased. Such action shall be deemed a continuing one and to have accrued to or against such personal representative at the time it would have accrued to or against the deceased if he had survived. If such action is continued against the personal representative of the deceased, a notice shall be served on him as in cases of original process, but no judgment shall be collectible against a deceased person's estate or personal representative unless a claim, for the amount of such judgment as may be recovered in such continuing action, has been presented within the time and in the manner required for other claims against an estate. Source: L. 73: p. 1646, § 5. C.R.S. 1963: § 41-5-1. L. 75: (2) amended, p. 587, § 4, effective July 1. 13-20-102. Effect of repeal. The repeal of part 3 of this article concerning informed consent to medical procedures shall not have the effect of invalidating any previous judicial decision relating to requirements for informed consent or liability imposed for the lack thereof. Source: L. 77: Entire section added, p. 799, § 2, effective May 27. PART 2 ACTIONS ABOLISHED - MARITAL Cross references: For assumption of risk and fellow servant rule and the abolition thereof, see §§ 8-2-201, 8-2-205, and 8-42-101. 13-20-201. Legislative declaration. The remedies provided by law on or before April 27, 1937, for the enforcement of actions based upon alleged alienation of affections, criminal conversation, seduction, and breach of contract to marry have been subjected to grave abuses, caused extreme annoyance, embarrassment, humiliation, and pecuniary damage to many persons wholly innocent and free of any wrongdoing who were merely the victims of circumstances, and have been exercised by unscrupulous persons for their unjust enrichment, and have furnished vehicles for the commission or attempted commission of crime and in many cases have resulted Colorado Revised Statutes 2019 Page 198 of 584 Uncertified Printout in the perpetration of frauds, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by the abolition thereof. Consequently, in the public interest, the necessity for the enactment of this part 2 is hereby declared as a matter of legislative determination. Source: L. 37: p. 404, § 4. CSA: C. 24A, § 4. CRS 53: § 41-3-3. C.R.S. 1963: § 41-33. 13-20-202. Civil causes abolished. All civil causes of action for breach of promise to marry, alienation of affections, criminal conversation, and seduction are hereby abolished. Source: L. 37: p. 403, § 1. CSA: C. 24A, § 1. CRS 53: § 41-3-1. C.R.S. 1963: § 41-31. 13-20-203. Breach of contract to marry not actionable. No act done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this part 2. No contract to marry made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for the breach thereof, nor shall any contract to marry made in any other state give rise to any cause of action within this state for the breach thereof. Source: L. 37: p. 404, § 3. CSA: C. 24A, § 3. CRS 53: § 41-3-2. C.R.S. 1963: § 41-32. 13-20-204. Certain contracts made in settlement of claims void. (1) All contracts and instruments of every kind, name, nature, or description which may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part 2, whether such claim or cause of action arose within or without this state, are declared to be contrary to the public policy of this state and absolutely void. It is unlawful to cause, induce, or procure any person to execute such a contract or instrument; or cause, induce, or procure any person to give, pay, transfer, or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of any such claim or cause of action; or to receive, take, or accept any such money or thing of value as such payment, satisfaction, settlement, or compromise. It is unlawful to commence or cause to be commenced, either as party, attorney, or agent or otherwise in behalf of either, in any court of this state any proceeding or action seeking to enforce or recover upon any such contract or instrument, knowing it to be such, whether the same was executed within or without this state. (2) This section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this part 2, or any contracts or instruments executed on or before April 27, 1937, or to the bona fide holder in due course of any negotiable instrument which may be executed in pursuance of this statute. Source: L. 37: p. 405, § 5. CSA: C. 24A, § 5. CRS 53: § 41-3-4. C.R.S. 1963: § 41-34. Colorado Revised Statutes 2019 Page 199 of 584 Uncertified Printout 13-20-205. Unlawful to file pleading. It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this part 2, whether such cause of action arose within or without this state. Source: L. 37: p. 405, § 6. CSA: C. 24A, § 6. CRS 53: § 41-3-5. C.R.S. 1963: § 41-35. 13-20-206. Unlawful to name corespondent. It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper naming or describing in such manner as to identify any person as corespondent or participant in misconduct of the adverse party in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or the allocation of parental responsibilities or support of children, or in any citation or proceeding ancillary or subsequent to such action. In all such cases it is sufficient for such pleader to designate any such corespondent or third party in general language that is not sufficient for identification, and such general language shall operate with the same legal effect as complete naming and identification of the person would do; except that the adverse party may file a motion for a bill of particulars to secure such name, identity, or other facts. The granting of such motion, in whole or in part, rests in the sound discretion of the court; and, if ordered granted, the bill of particulars shall set forth the information specifically required by said order, but no further, and when filed the same shall be sealed, not to be opened without an order of the court. If the motion for a bill of particulars is granted, the party named in said bill of particulars shall be given five days' notice in writing prior to the filing of the same, said notice to be given either by personal service or by registered mail addressed to his last-known address. Source: L. 37: p. 406, § 7. CSA: C. 24A, § 7. CRS 53: § 41-3-6. C.R.S. 1963: § 41-36. L. 98: Entire section amended, p. 1392, § 26, effective February 1, 1999. 13-20-207. Corespondent not to be disclosed - cross-examination - effect. (1) No attorney appearing in any of the proceedings mentioned in section 13-20-206 on behalf of a party thereto asserting misconduct by the adverse party shall ask of any witness any question intended or calculated to disclose the name or identity of any third person charged as corespondent or participant in any such misconduct, nor shall any party or witness testifying on behalf of a party asserting misconduct by the adverse party name or identify any third person charged as a corespondent or participant in any such misconduct; except that, if the court in the exercise of sound discretion so orders, counsel for any party charged with any act of misconduct with a third person may be permitted to cross-examine a witness who has testified to any such act of misconduct concerning the identity of any such third person and, within such limits as the court may prescribe, such witness may make answer to questions so asked. (2) In all testimony in such actions, proceedings, and citations, designation of such corespondent or other alleged participant in misconduct by general language not sufficient for identification operates with the same legal effect as complete identification. The discretion vested in the court by this section shall be exercised in such manner as to avoid injustice to litigants, while at the same time avoiding so far as possible the public revelation of the name or Colorado Revised Statutes 2019 Page 200 of 584 Uncertified Printout identity of such third person, and to this end the court, in all such cases, may impound pleadings or other documents in the case and hear such testimony in chambers. This section shall not be construed to change the grounds for dissolution of marriage or impair the substantive rights of parties in those cases, but to regulate pleading, practice, and testimony therein so as to eliminate criminal intimidation and public scandal. The provisions of this section apply as well to the taking of testimony by deposition as to proceedings before the court. The deposition of any corespondent or participant in misconduct shall be taken behind closed doors and, when filed in court, shall be sealed, not to be opened without the order of the court. Any willful violation of any provision of this section by any attorney, party, or witness constitutes a direct contempt of the court having jurisdiction of the proceedings in which the same occurs and may be punished by the court with a fine not exceeding five hundred dollars as the court deems proper. Source: L. 37: p. 407, § 8. CSA: C. 24A, § 8. CRS 53: § 41-3-7. C.R.S. 1963: § 41-37. L. 72: p. 558, § 13. 13-20-208. Penalty for violations. Any person who violates any provision of sections 13-20-204 to 13-20-206 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. Source: L. 37: p. 408, § 9. CSA: C. 24A, § 9. CRS 53: § 41-3-8. C.R.S. 1963: § 41-38. PART 3 INFORMED CONSENT TO MEDICAL PROCEDURES 13-20-301 to 13-20-305. (Repealed) Source: L. 77: Entire part repealed, p. 799, § 1, effective May 27. Editor's note: This part 3 was added in 1976 and was not amended prior to its repeal in 1977. For the text of this part 3 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Cross references: For the effect of the repeal of this part 3, see § 13-20-102. PART 4 WRITTEN INFORMED CONSENT TO ELECTROCONVULSIVE TREATMENTS Editor's note: This part 4 was added in 1977. This part 4 was repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. Colorado Revised Statutes 2019 Page 201 of 584 Uncertified Printout For amendments to this part 4 prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated. 13-20-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Electroconvulsive treatment" means electroshock therapy, shock treatment, shock therapy, ECT, or EST and is the passage of electrical current through a patient's head in a voltage sufficient to induce a seizure. (2) "Patient" means the person upon whom a proposed electroconvulsive treatment is to be performed; except that nothing in this part 4 supersedes the provisions of article 65 of title 27 or any rule adopted by the department of human services pursuant to section 27-65-116 (2) with regard to the care and treatment of any person unable to exercise written informed consent or of a person with a mental health disorder. (3) "Physician" means a person licensed to practice medicine or osteopathy. (4) "Sufficient information relating to the proposed electroconvulsive treatment" means information provided to the patient including, but not limited to, the following: (a) The reason for such treatment; (b) The nature of the procedures to be used in such treatment, including its probable frequency and duration; (c) The probable degree and duration of improvement or remission expected with or without such treatment; (d) The nature, degree, duration, and probability of the side effects and significant risks of such treatment commonly known by the medical profession, especially noting the possible degree and duration of memory loss, the possibility of permanent irrevocable memory loss, and the remote possibility of death; (e) The reasonable alternative treatments and why the physician is recommending electroconvulsive treatment; (f) That the patient has the right to refuse or accept the proposed treatment and has the right to revoke his consent for any reason at any time, either orally or in writing; (g) That there is a difference of opinion within the medical profession on the use of electroconvulsive treatment. (5) "Written informed consent" means consent to the proposed electroconvulsive treatment which a person knowingly and intelligently, without duress of any sort, clearly and explicitly manifests to the treating physician in writing and which is otherwise given in compliance with the provisions of this part 4. Source: L. 79: Entire part R&RE, p. 611, § 1, effective July 1. L. 94: (2) amended, p. 2641, § 91, effective July 1. L. 2006: (2) amended, p. 1395, § 36, effective August 7. L. 2010: (2) amended, (SB 10-175), ch. 188, p. 782, § 17, effective April 29. L. 2017: (2) amended, (SB 17-242), ch. 263, p. 1293, § 108, effective May 25. Editor's note: This section is similar to former § 13-20-401 as it existed prior to 1979. Colorado Revised Statutes 2019 Page 202 of 584 Uncertified Printout Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 13-20-402. Physician to provide information for written informed consent. At any time prior to performance of electroconvulsive treatment, a physician shall provide his patient with sufficient information relating to the proposed electroconvulsive treatment to enable said patient to give written informed consent to the proposed electroconvulsive treatment. The written informed consent shall be given by such patient on a standard written consent form to be prepared by the department of human services and shall be for a maximum number of treatments over a specified period of time. Source: L. 79: Entire part R&RE, p. 612, § 1, effective July 1. L. 94: Entire section amended, p. 2641, § 92, effective July 1. Editor's note: This section is similar to former § 13-20-402 as it existed prior to 1979. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 13-20-403. Restrictions on electroconvulsive treatment - rights of minors. (1) Under no circumstances shall an electroconvulsive treatment be performed on a minor under sixteen years of age. (2) Electroconvulsive treatment may be performed on a minor who is sixteen years of age or older but under eighteen years of age only if such treatment is performed with the concurring approval of two persons licensed to practice medicine and specializing in psychiatry and a parent or guardian of such minor. (3) Electroconvulsive treatment may be performed on a person who is eighteen years of age or older only in those cases where two or more persons licensed to practice medicine and specializing in psychiatry determine that such treatment is the most preferred form of treatment. Source: L. 79: Entire part R&RE, p. 612, § 1, effective July 1. PART 5 ACTIONS AGAINST ARCHITECTS, ENGINEERS, AND LAND SURVEYORS 13-20-501. (Repealed) Source: L. 87: Entire part repealed, p. 550, § 2, effective July 1. Editor's note: This part 5 was added in 1986 and was not amended prior to its repeal in 1987. For the text of this part 5 prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Colorado Revised Statutes 2019 Page 203 of 584 Uncertified Printout PART 6 ACTIONS AGAINST LICENSED PROFESSIONALS 13-20-601. Legislative declaration. The general assembly hereby declares that, in enacting this part 6, the general assembly has determined that the certificate of review requirement should be utilized in civil actions for negligence brought against those professionals who are licensed by this state to practice a particular profession and regarding whom expert testimony would be necessary to establish a prima facie case. Source: L. 87: Entire part added, p. 549, § 1, effective July 1. 13-20-602. Actions against licensed professionals and acupuncturists - certificate of review required. (1) (a) In every action for damages or indemnity based upon the alleged professional negligence of an acupuncturist regulated pursuant to article 200 of title 12 or a licensed professional, the plaintiff's or complainant's attorney shall file with the court a certificate of review for each acupuncturist or licensed professional named as a party, as specified in subsection (3) of this section, within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown. (b) A certificate of review shall be filed with respect to every action described in paragraph (a) of this subsection (1) against a company or firm that employed a person specified in such paragraph (a) at the time of the alleged negligence, even if such person is not named as a party in such action. (2) In the event of failure to file a certificate of review in accordance with this section and if the acupuncturist or licensed professional defending the claim believes that an expert is necessary to prove the claim of professional negligence, the defense may move the court for an order requiring filing of such a certificate. The court shall give priority to deciding such a motion, and in no event shall the court allow the case to be set for trial without a decision on such motion. (3) (a) A certificate of review shall be executed by the attorney for the plaintiff or complainant declaring: (I) That the attorney has consulted a person who has expertise in the area of the alleged negligent conduct; and (II) That the professional who has been consulted pursuant to subparagraph (I) of this paragraph (a) has reviewed the known facts, including such records, documents, and other materials which the professional has found to be relevant to the allegations of negligent conduct and, based on the review of such facts, has concluded that the filing of the claim, counterclaim, or cross claim does not lack substantial justification within the meaning of section 13-17-102 (4). (b) The court, in its discretion, may require the identity of the acupuncturist or licensed professional who was consulted pursuant to subparagraph (I) of paragraph (a) of this subsection (3) to be disclosed to the court and may verify the content of such certificate of review. The identity of the professional need not be identified to the opposing party or parties in the civil action. Colorado Revised Statutes 2019 Page 204 of 584 Uncertified Printout (c) In an action alleging professional negligence of a physician, the certificate of review shall declare that the person consulted meets the requirements of section 13-64-401; or in any action against any other professional, that the person consulted can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience, the consultant is competent to express an opinion as to the negligent conduct alleged. (4) The failure to file a certificate of review in accordance with this section shall result in the dismissal of the complaint, counterclaim, or cross claim. (5) These provisions shall not affect the rights and obligations under section 13-17-102. Source: L. 87: Entire part added, p. 549, § 1, effective July 1. L. 89: (1), (3)(a)(II), and (4) amended and (3)(c) added, p. 750, § 1, effective April 12. L. 95: (1), (2), and (3)(b) amended, p. 485, § 6, effective January 1, 1996. L. 98: (1) amended, p. 487, § 1, effective February 1, 1999. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1663, § 67, effective October 1. PART 7 ACTIONS BASED ON ENVIRONMENTAL LIABILITY Law reviews: For comment, "Stemming the Tide of Lender Liability: Judicial and Legislative Reactions", see 67 Den. U. L. Rev. 453 (1990). 13-20-701. Legislative declaration. Federal and state environmental laws provide that the owner of real property is liable for cleanup of property contamination and define who is the owner of such property. If a borrower defaults on a loan, a lender must decide whether to foreclose and potentially become the owner. For fear of becoming liable for conditions they did not create, lenders are showing a reluctance to foreclose, thus leaving no one responsible for the cleanup. So that lenders can predict with more certainty what their costs will be when they foreclose, it is the intent of the general assembly to limit third-party liability for lenders who comply with certain conditions to the cost of cleaning up contaminants or pollution pursuant to federal, state, and local laws. In addition such limitations may also make lenders more willing to lend to certain types of businesses. Source: L. 90: Entire part added, p. 865, § 2, effective July 1. 13-20-702. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Contaminate or pollute", "contaminating or polluting", or "contamination or pollution" means contamination or pollution of air, water, real or personal property, animals, or human beings from a location in the state of Colorado, including, without limitation, contamination or pollution from hazardous waste and substances. (2) "Lender-owner" means any person or entity which has a bona fide security interest in or mortgage or lien on, and which forecloses on or receives an assignment or deed in lieu of foreclosure and becomes the owner of, real or personal property and the foreclosure, deed in lieu, or assignment is not primarily for the purposes of avoiding third-party liability. Colorado Revised Statutes 2019 Page 205 of 584 Uncertified Printout (3) "Representative" means any person or entity acting in the capacity of a receiver, conservator, guardian ad litem, personal representative of a deceased person, or trustee or fiduciary of real or personal property; except that the terms trustee and fiduciary shall be limited to entities acting as trustee or fiduciary and which are chartered by the division of banking or division of financial services, the office of the United States comptroller of the currency, or the office of thrift supervision. (4) "Third parties" means persons or entities other than governmental entities seeking to enforce federal, state, or local environmental statutes, ordinances, regulations, permits, or orders. (5) "Third-party liability" means liability to third parties for any claims arising out of or resulting from contamination or pollution, including, without limitation, claims for personal injury, consequential damages, lost profits, exemplary damages, or property damages, but does not include liability for the cost of cleaning up contamination or pollution. Source: L. 90: Entire part added, p. 865, § 2, effective July 1. 13-20-703. Environmental third-party liability - ownership. (1) Except as preempted by federal law, no person or entity shall be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security or lienhold interest in the subject real or personal property or in the property in which the subject real or personal property is located. (2) No lender-owner or representative shall, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from said property prior to the date that title vests in the lender-owner or representative. (3) No lender-owner or representative shall, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from said property during the period of ownership so long as, and to the extent that, it does not knowingly or recklessly cause new contamination or pollution or does not knowingly or recklessly allow others to cause new contamination or pollution if lender-owner has caused an environmental professional to conduct a visual inspection of the property and a record search of the recorded chain of title documents regarding the real property for the prior fifty years to determine the presence and condition of hazardous waste or substances, obvious contamination, or pollution and, if found by the enforcing agency to be in noncompliance with federal or state laws, takes steps to assure compliance with applicable laws. This subsection (3) shall apply to the lender-owner as long as it makes reasonable efforts to resell the property. (4) This section shall not affect any liability expressly created under federal or state health or environmental statutes, regulations, permits, or orders. Source: L. 90: Entire part added, p. 865, § 2, effective July 1. PART 8 CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE Colorado Revised Statutes 2019 Page 206 of 584 Uncertified Printout Law reviews: For article, "The Construction Defect Action Reform Act of 2003", see 32 Colo. Law. 89 (July 2003); for article, "The Homeowner Protection Act of 2007", see 36 Colo. Law. 79 (July 2007); for article, "Construction Defects: A New Kind of Lender Liability", see 39 Colo. Law. 51 (June 2010); for article, "Unique Construction Defect Damages Mitigation Issues", see 44 Colo. Law. 33 (Feb. 2015); for article, "Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3)", see 46 Colo. Law. 27 (Apr. 2017); for article, "Determining Damages under CDARA: Actual Status and Intended Use Trump Zoning Designations", see 48 Colo. Law. 27 (Feb. 2019). 13-20-801. Short title. This part 8 shall be known and may be cited as the "Construction Defect Action Reform Act". Source: L. 2001: Entire part added, p. 388, § 1, effective August 8. 13-20-802. Legislative declaration. The general assembly hereby finds, declares, and determines that changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the general assembly that this part 8 apply to these types of civil actions while preserving adequate rights and remedies for property owners who bring and maintain such actions. Source: L. 2001: Entire part added, p. 388, § 1, effective August 8. L. 2003: Entire section amended, p. 1361, § 1, effective April 25. 13-20-802.5. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Action" means a civil action or an arbitration proceeding for damages, indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, crossclaim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property. (2) "Actual damages" means the fair market value of the real property without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. "Actual damages" as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4). (3) "Claimant" means a person other than the attorney general or the district attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property. (4) "Construction professional" means an architect, contractor, subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term "construction professional" shall also include any prior owner of the commercial property, other than the Colorado Revised Statutes 2019 Page 207 of 584 Uncertified Printout claimant, at the time the work was performed. As used in this subsection (4), "commercial property" means property that is zoned to permit commercial, industrial, or office types of use. (5) "Notice of claim" means a written notice sent by a claimant to the last known address of a construction professional against whom the claimant asserts a construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect. Source: L. 2003: Entire section added, p. 1361, § 2, effective April 25. 13-20-803. List of defects required. (1) In addition to the notice of claim required by section 13-20-803.5, in every action brought against a construction professional, the claimant shall file with the court or arbitrator and serve on the construction professional an initial list of construction defects in accordance with this section. (2) The initial list of construction defects shall contain a description of the construction that the claimant alleges to be defective. The initial list of construction defects shall be filed with the court and served on the defendant within sixty days after the commencement of the action or within such longer period as the court in its discretion may allow. (3) The initial list of construction defects may be amended by the claimant to identify additional construction defects as they become known to the claimant. In no event shall the court allow the case to be set for trial before the initial list of construction defects is filed and served. (4) If a subcontractor or supplier is added as a party to an action under this section, the claimant making the claim against such subcontractor or supplier shall file with the court and serve on the defendant an initial list of construction defects in accordance with this section within sixty days after service of the complaint against the subcontractor or supplier or within such longer period as the court in its discretion may allow. In no event shall the filing of a defect list under this subsection (4) delay the setting of the trial. Source: L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: (1) amended, p. 1362, § 3, effective April 25. 13-20-803.5. Notice of claim process. (1) No later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property, a claimant shall send or deliver a written notice of claim to the construction professional by certified mail, return receipt requested, or by personal service. (2) Following the mailing or delivery of the notice of claim, at the written request of the construction professional, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's property during normal working hours to inspect the property and the claimed defect. The inspection shall be completed within thirty days of service of the notice of claim. (3) Within thirty days following the completion of the inspection process conducted pursuant to subsection (2) of this section, or within forty-five days following the completion of the inspection process in the case of a commercial property, a construction professional may send or deliver to the claimant, by certified mail, return receipt requested, or personal service, an offer to settle the claim by payment of a sum certain or by agreeing to remedy the claimed defect Colorado Revised Statutes 2019 Page 208 of 584 Uncertified Printout described in the notice of claim. A written offer to remedy the construction defect shall include a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work. (4) Unless a claimant accepts an offer made pursuant to subsection (3) of this section in writing within fifteen days of the delivery of the offer, the offer shall be deemed to have been rejected. (5) A claimant who accepts a construction professional's offer to remedy or settle by payment of a sum certain a construction defect claim shall do so by sending the construction professional a written notice of acceptance no later than fifteen days after receipt of the offer. If an offer to settle is accepted, then the monetary settlement shall be paid in accordance with the offer. If an offer to remedy is accepted by the claimant, the remedial construction work shall be completed in accordance with the timetable set forth in the offer unless the delay is caused by events beyond the reasonable control of the construction professional. (6) If no offer is made by the construction professional or if the claimant rejects an offer, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim, unless the parties have contractually agreed to a mediation procedure, in which case the mediation procedure shall be satisfied prior to bringing an action. (7) If an offer by a construction professional is made and accepted, and if thereafter the construction professional does not comply with its offer to remedy or settle a claim for a construction defect, the claimant may file an action against the construction professional for claims arising out of the defect or damage described in the notice of claim without further notice. (8) After the sending of a notice of claim, a claimant and a construction professional may, by written mutual agreement, alter the procedure for the notice of claim process described in this section. (9) Any action commenced by a claimant who fails to comply with the requirements of this section shall be stayed, which stay shall remain in effect until the claimant has complied with the requirements of this section. (10) A claimant may amend a notice of claim to include construction defects discovered after the service of the original notice of claim. However, the claimant must otherwise comply with the requirements of this section for the additional claims. (11) For purposes of this section, actual receipt by any means of a written notice, offer, or response prepared pursuant to this section within the time prescribed for delivery or service of the notice, offer, or response shall be deemed to be sufficient delivery or service. (12) Except as provided in section 13-20-806, a claimant shall not recover more than actual damages in an action. Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25. 13-20-804. Restriction on construction defect negligence claims. (1) No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an Colorado Revised Statutes 2019 Page 209 of 584 Uncertified Printout applicable building code or industry standard; except that such claim may be asserted if such failure results in one or more of the following: (a) Actual damage to real or personal property; (b) Actual loss of the use of real or personal property; (c) Bodily injury or wrongful death; or (d) A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential real property. (2) Nothing in this section shall be construed to prohibit, limit, or impair the following: (a) The assertion of tort claims other than claims for negligence; (b) The assertion of contract or warranty claims; or (c) The assertion of claims that arise from the violation of any statute or ordinance other than claims for violation of a building code. Source: L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: IP(1), (1)(a), and (1)(b) amended, p. 1362, § 4, effective April 25. 13-20-805. Tolling of statutes of limitation. If a notice of claim is sent to a construction professional in accordance with section 13-20-803.5 within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice of claim process described in section 13-20-803.5. Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25. 13-20-806. Limitation of damages. (1) A construction professional otherwise liable shall not be liable for more than actual damages, unless and only if the claimant otherwise prevails on the claim that a violation of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S., has occurred; and if: (a) The construction professional's monetary offer, made pursuant to section 13-20-803.5 (3), to settle for a sum certain a construction defect claim described in a notice of claim is less than eighty-five percent of the amount awarded to the claimant as actual damages sustained exclusive of costs, interest, and attorney fees; or (b) The reasonable cost, as determined by the trier of fact, to complete the construction professional's offer, made pursuant to section 13-20-803.5, to remedy the construction defect described in the notice of claim is less than eighty-five percent of the amount awarded to the claimant as actual damages sustained exclusive of costs, interest, and attorney fees. (2) If a construction professional does not substantially comply with the terms of an accepted offer to remedy or an accepted offer to settle a claim for a construction defect made pursuant to section 13-20-803.5 or if a construction professional fails to respond to a notice of claim, the construction professional shall be subject to the treble damages provision of section 61-113 (2)(a)(III), C.R.S.; except that a construction professional shall be subject to the treble damages provision only if the claimant otherwise prevails on the claim that a violation of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S., has occurred. (3) Notwithstanding any other provision of law, the aggregate amount of treble damages awarded in an action under section 6-1-113 (2)(a)(III), C.R.S., and attorney fees awarded to a Colorado Revised Statutes 2019 Page 210 of 584 Uncertified Printout claimant under section 6-1-113 (2)(b), C.R.S., shall not exceed two hundred fifty thousand dollars in any action against a construction professional. (4) (a) In an action asserting personal injury or bodily injury as a result of a construction defect in which damages for noneconomic loss or injury or derivative noneconomic loss or injury may be awarded, such damages shall not exceed the sum of two hundred fifty thousand dollars. As used in this subsection (4), "noneconomic loss or injury" has the same meaning as set forth in section 13-21-102.5 (2)(b), and "derivative noneconomic loss or injury" has the same meaning as set forth in section 13-21-102.5 (2)(a). (b) The limitations on noneconomic damages set forth in this subsection (4) shall be adjusted for inflation as of July 1, 2003, and as of July 1 of each year thereafter until and including July 1, 2008. The adjustment made pursuant to this paragraph (b) shall be rounded upward or downward to the nearest ten dollar increment. (c) As used in paragraph (b) of this subsection (4), "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. (d) The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available, and such adjusted limitation on damages shall be the limitation applicable to all claims for relief that accrue on or after July 1, 2003. (5) Claims for personal injury or bodily injury as a result of a construction defect shall not be subject to the treble damages provisions of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S. (6) In any case in which the court determines that the issue of a violation of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S., will be submitted to a jury, the court shall not disclose nor allow disclosure to the jury of an offer of settlement or offer to remedy made under section 13-20-803.5 that was not accepted by the claimant. (7) (a) In order to preserve Colorado residential property owners' legal rights and remedies, in any civil action or arbitration proceeding described in section 13-20-802.5 (1), any express waiver of, or limitation on, the legal rights, remedies, or damages provided by the "Construction Defect Action Reform Act", this part 8, or provided by the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S., as described in this section, or on the ability to enforce such legal rights, remedies, or damages within the time provided by applicable statutes of limitation or repose are void as against public policy. (b) A waiver, limitation, or release contained in a written settlement of claims, and any recorded notice of such settlement, between a residential property owner and a construction professional after such a claim has accrued shall not be rendered void by this subsection (7). (c) This subsection (7) applies only to the legal rights, remedies, or damages of claimants asserting claims arising out of residential property and shall not apply to sales or donations of property or services by a bona fide charitable organization that is in compliance with the registration and reporting requirements of article 16 of title 6, C.R.S. (d) Notwithstanding any provision of this subsection (7) to the contrary, this subsection (7) shall apply only to actions that are governed by the provisions of this part 8, also known as the "Construction Defect Action Reform Act", and shall not be deemed to alter or amend the limitations on damages contained in this part 8, including the limitations on treble damages and attorney fees set forth in this section. Colorado Revised Statutes 2019 Page 211 of 584 Uncertified Printout (e) Nothing contained in this section shall be deemed to render void any requirement to participate in mediation prior to filing a suit or arbitration proceeding. Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25. L. 2007: (7) added, p. 610, § 2, effective April 20. Cross references: In 2007, subsection (7) was added by the "Homeowner Protection Act of 2007". For the short title, see section 1 of chapter 164, Session Laws of Colorado 2007. 13-20-807. Express warranty - not affected. The provisions of this part 8 are not intended to abrogate or limit the provisions of any express warranty or the obligations of the provider of such warranty. The provisions of this part 8 shall apply to those circumstances where an action is filed asserting one or more claims for relief including a claim for breach of warranty; except that, in any such action, section 13-20-806 (7) shall not apply to breach of express warranty claims except to the extent that provisions of the express warranty purport to waive or limit claims for relief other than the breach of express warranty claim. The provisions of this part 8 shall not be deemed to require a claimant who is the beneficiary of an express warranty to comply with the notice provisions of section 13-20-803.5 to request ordinary warranty service in accordance with the terms of such warranty. A claimant who requires warranty service shall comply with the provisions of such warranty. Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25. L. 2007: Entire section amended, p. 611, § 3, effective April 20. Cross references: In 2007, this section was amended by the "Homeowner Protection Act of 2007". For the short title, see section 1 of chapter 164, Session Laws of Colorado 2007. 13-20-808. Insurance policies issued to construction professionals. (1) (a) The general assembly finds and determines that: (I) The interpretation of insurance policies issued to construction professionals is of vital importance to the economic and social welfare of the citizens of Colorado and in furthering the purposes of this part 8. (II) Insurance policies issued to construction professionals have become increasingly complex, often containing multiple, lengthy endorsements and exclusions conflicting with the reasonable expectations of the insured. (III) The correct interpretation of coverage for damages arising out of construction defects is in the best interest of insurers, construction professionals, and property owners. (b) The general assembly declares that: (I) The policy of Colorado favors the interpretation of insurance coverage broadly for the insured. (II) The long-standing and continuing policy of Colorado favors a broad interpretation of an insurer's duty to defend the insured under liability insurance policies and that this duty is a first-party benefit to and claim on behalf of the insured. (III) The decision of the Colorado court of appeals in General Security Indemnity Company of Arizona v. Mountain States Mutual Casualty Company, 205 P.3d 529 (Colo. App. Colorado Revised Statutes 2019 Page 212 of 584 Uncertified Printout 2009) does not properly consider a construction professional's reasonable expectation that an insurer would defend the construction professional against an action or notice of claim contemplated by this part 8. (IV) For the purposes of guiding pending and future actions interpreting liability insurance policies issued to construction professionals, what has been and continues to be the policy of Colorado is hereby clarified and confirmed in the interpretation of insurance policies that have been and may be issued to construction professionals. (2) For the purposes of this section: (a) "Insurance" has the same meaning as set forth in section 10-1-102, C.R.S. (b) "Insurance policy" means a contract of insurance. (c) "Insurer" has the same meaning as set forth in section 10-1-102, C.R.S. (d) "Liability insurance policy" means a contract of insurance that covers occurrences of damage or injury during the policy period and insures a construction professional for liability arising from construction-related work. (3) In interpreting a liability insurance policy issued to a construction professional, a court shall presume that the work of a construction professional that results in property damage, including damage to the work itself or other work, is an accident unless the property damage is intended and expected by the insured. Nothing in this subsection (3): (a) Requires coverage for damage to an insured's own work unless otherwise provided in the insurance policy; or (b) Creates insurance coverage that is not included in the insurance policy. (4) (a) Upon a finding of ambiguity in an insurance policy, a court may consider a construction professional's objective, reasonable expectations in the interpretation of an insurance policy issued to a construction professional. (b) In construing an insurance policy to meet a construction professional's objective, reasonable expectations, the court may consider the following: (I) The object sought to be obtained by the construction professional in the purchase of the insurance policy; and (II) Whether a construction defect has resulted, directly or indirectly, in bodily injury, property damage, or loss of the use of property. (c) In construing an insurance policy to meet a construction professional's objective, reasonable expectations, a court may consider and give weight to any writing concerning the insurance policy provision in dispute that is not protected from disclosure by the attorney-client privilege, work-product privilege, or article 72 of title 24, C.R.S., and that is generated, approved, adopted, or relied on by the insurer or its parent or subsidiary company; or an insurance rating or policy drafting organization, such as the insurance services office, inc., or its predecessor or successor organization; except that such writing shall not be used to restrict, limit, exclude, or condition coverage or the insurer's obligation beyond that which is reasonably inferred from the words used in the insurance policy. (5) If an insurance policy provision that appears to grant or restore coverage conflicts with an insurance policy provision that appears to exclude or limit coverage, the court shall construe the insurance policy to favor coverage if reasonably and objectively possible. (6) If an insurer disclaims or limits coverage under a liability insurance policy issued to a construction professional, the insurer shall bear the burden of proving by a preponderance of the evidence that: Colorado Revised Statutes 2019 Page 213 of 584 Uncertified Printout (a) Any policy's limitation, exclusion, or condition in the insurance policy bars or limits coverage for the insured's legal liability in an action or notice of claim made pursuant to section 13-20-803.5 concerning a construction defect; and (b) Any exception to the limitation, exclusion, or condition in the insurance policy does not restore coverage under the policy. (7) (a) An insurer's duty to defend a construction professional or other insured under a liability insurance policy issued to a construction professional shall be triggered by a potentially covered liability described in: (I) A notice of claim made pursuant to section 13-20-803.5; or (II) A complaint, cross-claim, counterclaim, or third-party claim filed in an action against the construction professional concerning a construction defect. (b) (I) An insurer shall defend a construction professional who has received a notice of claim made pursuant to section 13-20-803.5 regardless of whether another insurer may also owe the insured a duty to defend the notice of claim unless authorized by law. In defending the claim, the insurer shall: (A) Reasonably investigate the claim; and (B) Reasonably cooperate with the insured in the notice of claims process. (II) This paragraph (b) does not require the insurer to retain legal counsel for the insured or to pay any sums toward settlement of the notice of claim that are not covered by the insurance policy. (III) An insurer shall not withdraw its defense of an insured construction professional or commence an action seeking reimbursement from an insured for expended defense cost unless authorized by law and unless the insurer has reserved such right in writing when accepting or assuming the defense obligation. Source: L. 2010: Entire section added, (HB 10-1394), ch. 253, p. 1125, § 1, effective May 21. Editor's note: Subsection (2)(b), enacted as subsection (2)(c) in House Bill 10-1394, and subsection (2)(c), enacted as subsection (2)(b) in House Bill 10-1394, were relettered on revision so that defined terms appear in alphabetical order. PART 9 CLASS ACTIONS 13-20-901. Class actions - appellate review. (1) A court of appeals may, in its discretion, permit an interlocutory appeal of a district court's order that grants or denies class action certification under court rule so long as application is made to the court of appeals within fourteen days after entry of the district court's order. (2) An appeal that is allowed under subsection (1) of this section shall not stay proceedings in the district court unless the district court or the court of appeals so orders. If a stay is ordered, all discovery and other proceedings shall be stayed during the pendency of an appeal taken pursuant to this section unless the court ordering the stay finds upon the motion of Colorado Revised Statutes 2019 Page 214 of 584 Uncertified Printout any party that specific discovery is necessary to preserve evidence or to prevent undue prejudice to such party. Source: L. 2003: Entire part added, p. 845, § 1, effective July 1. L. 2014: (1) amended, (HB 14-1347), ch. 208, p. 768, § 2, effective July 1. PART 10 INJURIES OCCURRING OUT OF STATE Law reviews: For article, "Limited Availability of the Forum Non Conveniens Defense in Colorado State Courts", see 33 Colo. Law. 83 (Nov. 2004). 13-20-1001. Short title. This part 10 shall be known and may be cited as the "Colorado Citizens' Access to Colorado Courts Act". Source: L. 2004: Entire part added, p. 401, § 1, effective August 4. 13-20-1002. Legislative declaration. (1) The general assembly finds and declares: (a) The courts of this state are overworked and subject to overloaded dockets; (b) Section 6 of article II of the Colorado constitution guarantees citizens of this state access to the courts of this state; and (c) Cases filed by nonresidents of Colorado and having no meaningful relationship to this state are clogging the dockets of the courts and causing delays in cases filed by residents of Colorado. (2) The general assembly finds that the purposes of this part 10 are: (a) To ensure access of Colorado citizens to the courts of Colorado; and (b) To avoid burdening the courts of this state with cases involving injuries suffered outside of the state that may be resolved elsewhere. Source: L. 2004: Entire part added, p. 401, § 1, effective August 4. 13-20-1003. Definitions. As used in this part 10, unless the context otherwise requires: (1) (a) "Alternative forum" means a functioning governmental division with judicial powers that may provide redress for a claim, without regard to whether the redress provided is equivalent to the redress provided under Colorado law, and that may exercise jurisdiction over the parties. (b) An alternative forum shall still be an alternative forum if the statute of limitations for that forum has expired. (2) "Discovery" means the procedures described in chapter 4 of the Colorado rules of civil procedure. (3) "Resident" means a resident of the state of Colorado or a person who intends to return to Colorado despite establishing temporary residency elsewhere or despite a temporary absence from Colorado, without regard to the person's country of citizenship or national origin. Colorado Revised Statutes 2019 Page 215 of 584 Uncertified Printout "Resident" does not mean a person who adopts a residence in Colorado in whole or in part to avoid the application of this part 10. Source: L. 2004: Entire part added, p. 402, § 1, effective August 4. 13-20-1004. Forum non conveniens. (1) In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens shall be granted if: (a) The claimant or claimants named in the motion are not residents of the state of Colorado; (b) An alternative forum exists; (c) The injury or damage alleged to have been suffered occurred outside of the state of Colorado; (d) A substantial portion of the witnesses and evidence is outside of the state of Colorado; and (e) There is a significant possibility that Colorado law will not apply to some or all of the claims. (2) In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens may be granted if the court finds that the factor specified in paragraph (a) of subsection (1) of this section is present and that at least one or more but fewer than all of the factors specified in paragraphs (b) to (e) of subsection (1) of this section are present, and based upon such factors, the court finds that in the interest of judicial economy or for the convenience of the parties, a party's claim or action should be heard in a forum outside of Colorado. (3) In determining whether the factors specified in subsection (1) of this section are present, the court may consider evidence outside of the pleadings, but no formal discovery shall be permitted. (4) (a) The court may set conditions for dismissing a claim or action under this section as the interests of justice may require. (b) If the statute of limitations in the alternative forum expires while the claim is pending in a court in Colorado, the court shall grant a dismissal under this section only if each defendant waives all defenses that the statute of limitation in the alternative forum has expired. Source: L. 2004: Entire part added, p. 402, § 1, effective August 4. PART 11 ACTIONS INVOLVING THE EXERCISE OF CERTAIN CONSTITUTIONAL RIGHTS Editor's note: Section 3 of chapter 414 (HB 19-1324), Session Laws of Colorado 2019, provides that the act adding this part 11 applies to actions filed on or after July 1, 2019. 13-20-1101. Action involving exercise of constitutional rights - motion to dismiss appeal - legislative declaration - definitions. (1) (a) The general assembly finds and declares Colorado Revised Statutes 2019 Page 216 of 584 Uncertified Printout that it is in the public interest to encourage continued participation in matters of public significance and that this participation should not be chilled through abuse of the judicial process. (b) The general assembly finds that the purpose of this part 11 is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, to protect the rights of persons to file meritorious lawsuits for demonstrable injury. (2) As used in this section, unless the context otherwise requires: (a) "Act in furtherance of a person's right of petition or free speech under the United States constitution or the state constitution in connection with a public issue" includes: (I) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding or any other official proceeding authorized by law; (II) Any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body or any other official proceeding authorized by law; (III) Any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; or (IV) Any other conduct or communication in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest. (b) "Complaint" includes a cross-complaint or a petition. (c) "Defendant" includes a cross-defendant or a respondent. (d) "Plaintiff" includes a cross-complainant or petitioner. (3) (a) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States constitution or the state constitution in connection with a public issue is subject to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim. (b) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (c) If the court determines that the plaintiff has established a reasonable likelihood that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination is admissible in evidence at any later stage of the case or in any subsequent proceeding, and no burden of proof or degree of proof otherwise applicable is affected by that determination in any later stage of the case or in any subsequent proceeding. (4) (a) Except as provided in subsection (4)(b) of this section, in any action subject to subsection (3) of this section, a prevailing defendant on a special motion to dismiss is entitled to recover the defendant's attorney fees and costs. If the court finds that a special motion to dismiss is frivolous or is solely intended to cause unnecessary delay, pursuant to part 1 of article 17 of this title 13, the court shall award costs and reasonable attorney fees to a plaintiff prevailing on the motion. (b) A defendant who prevails on a special motion to dismiss in an action subject to subsection (4)(a) of this section is not entitled to attorney fees and costs if that cause of action is brought pursuant to part 4 of article 6 of title 24 or the "Colorado Open Records Act", part 2 of Colorado Revised Statutes 2019 Page 217 of 584 Uncertified Printout article 72 of title 24; except that nothing in this subsection (4)(b) prevents a prevailing defendant from recovering attorney fees and costs pursuant to section 24-6-402 (9)(b) or 24-72-204. (5) The special motion must be filed within sixty-three days after the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion must be scheduled for a hearing not more than twenty-eight days after the service of the motion unless the docket conditions of the court require a later hearing. (6) All discovery proceedings in the action are stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery remains in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subsection (6). (7) Except as provided in subsection (9) of this section, an order granting or denying a special motion to dismiss is appealable to the Colorado court of appeals pursuant to section 13-4102.2. (8) (a) This section does not apply to: (I) An action brought by or on behalf of the state or any subdivision of the state enforcing a law or rule or seeking to protect against an imminent threat to health or public safety; (II) Any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist: (A) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney fees, costs, or penalties does not constitute greater or different relief for purposes of this subsection (8)(a)(II)(A). (B) The action, if successful, would enforce an important right affecting the public interest and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons; and (C) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff's stake in the matter; or (III) Any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including but not limited to insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist: (A) The statement or conduct consists of representations of fact about that person's or a business competitor's business operations, goods, or services that are made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or the statement or conduct was made in the course of delivering the person's goods or services; and (B) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except when the statement or conduct was made by a telephone corporation in the course of a proceeding before the public utilities commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue. (b) Subsections (8)(a)(II) and (8)(a)(III) of this section do not apply to any of the following: Colorado Revised Statutes 2019 Page 218 of 584 Uncertified Printout (I) Any publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed; or a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed; or any person engaged in the dissemination of ideas or expression in any book or academic journal while engaged in the gathering, receiving, or processing of information for communication to the public; or (II) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including but not limited to a motion picture, television program, or an article published in a newspaper or magazine of general circulation. (9) If any trial court denies a special motion to dismiss on the grounds that the action or cause of action is exempt pursuant to subsection (8) of this section, the appeal provisions in subsection (7) of this section do not apply. Source: L. 2019: Entire part added, (HB 19-1324), ch. 414, p. 3647, § 1, effective July 1. DAMAGES AND LIMITATIONS ON ACTIONS ARTICLE 21 Damages Law reviews: For article, "1988 Update on Colorado Tort Reform Legislation -- Part II", see 17 Colo. Law. 1949 (1988); for article, "Duty of Property Owners and Operators to Protect Patrons from Crime", see 17 Colo. Law. 2143 (1988); for a discussion of Tenth Circuit decisions dealing with torts, see 67 Den. U. L. Rev. 779 (1990); for article, "A Survey of the Law of Colorado Nonprofit Entities", see 27 Colo. Law. 5 (April 1998). PART 1 GENERAL PROVISIONS Editor's note: Colorado recognizes "wrongful birth" claims but not "wrongful life" claims. For discussion of such claims, see Lininger v. Eisenbaum, 764 P.2d 1202 (Colo. 1988) and Empire Cas. v. St. Paul Fire and Marine, 764 P.2d 1191 (Colo. 1988). Cross references: For damages recoverable for failure to comply with excavation requirements, see § 9-1.5-104.5; for the admissibility of evidence of failure to wear a safety belt system to mitigate damages resulting from a motor vehicle accident, see § 42-4-237 (7). Law reviews: For article, "Using Mental Health Professionals to Maximize Damages in Personal Injury Cases", see 15 Colo. Law. 2009 (1986); for article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986); for article, "Introduction to the Tort Reform Symposium: Some Cautioning Implications of Legislative Tort Reform", see 64 Den. U. L. Rev. Colorado Revised Statutes 2019 Page 219 of 584 Uncertified Printout 613 (1988); for article, "The Assault on Injured Victims' Rights", see 64 Den. U. L. Rev. 625 (1988); for article, "The Insurance 'Crisis': Reality or Myth? A Plaintiffs' Lawyer's Perspective", see 64 Den. U. L. Rev. 641 (1988); for article, "Constitutional Challenges to Tort Reform: Equal Protection and State Constitutions", see 64 Den. U. L. Rev. 719 (1988); for article, "The Failed Tubal Ligation: Bringing a Wrongful Birth Case to Trial", see 17 Colo. Law. 849 (1988); for article, "Limiting Lender Liability through the Statute of Frauds", see 18 Colo. Law. 1725 (1989); for comment, "Stemming the Tide of Lender Liability: Judicial and Legislative Reactions", see 67 Den. U. L. Rev. 453 (1990); for comment, "Comprehensive General Liability Insurance Coverage for CERCLA Liabilities: A Recommendation for Judicial Adherence to State Canons of Insurance Contract Construction", see 61 U. Colo. L. Rev. 407 (1990); for article, "A Federal Genie from a State Bottle: § 1983 in the Colorado State Courts", see 19 Colo. Law. 617 (1990); for article, "1990 Update on Colorado Tort Reform Legislation", see 19 Colo. Law. 1529 (1990). 13-21-101. Interest on damages. (1) In all actions brought to recover damages for personal injuries sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, association, or partnership and whether the injury has resulted fatally or otherwise, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged from the date the suit is filed; and, on and after July 1, 1979, it is lawful for the plaintiff in the complaint to claim interest on the damages claimed from the date the action accrued. When such interest is claimed, it is the duty of the court in entering judgment for the plaintiff in the action to add to the amount of damages assessed by the verdict of the jury, or found by the court, interest on the amount calculated at the rate of nine percent per annum on actions filed on or after July 1, 1975, and at the legal rate on actions filed prior to such date, and calculated from the date the suit was filed to the date of satisfying the judgment and to include the same in the judgment. On actions filed on or after July 1, 1979, the calculation must include compounding of interest annually from the date the suit was filed. On and after January 1, 1983, if a judgment for money in an action brought to recover damages for personal injuries is appealed by the judgment debtor, postjudgment interest must be calculated on the sum at the rate set forth in subsections (3) and (4) of this section from the date of judgment through the date of satisfying the judgment and must include compounding of interest annually. (2) (a) If a judgment for money in an action brought to recover damages for personal injuries is appealed by a judgment debtor and the judgment is affirmed, postjudgment interest, as set out in subsections (3) and (4) of this section, is payable from the date of judgment through the date of satisfying the judgment. (b) If a judgment for money in an action to recover damages for personal injuries is appealed by a judgment debtor and the judgment is modified or reversed with a direction that a judgment for money be entered in the trial court, postjudgment interest, as set out in subsections (3) and (4) of this section, is payable from the date of judgment through the date of satisfying the judgment. This postjudgment interest is payable on the amount of the final judgment. (3) The rate of postjudgment interest must be certified on each January 1 by the secretary of state to be two percentage points above the discount rate, which discount rate must be the rate of interest a commercial bank pays to the federal reserve bank of Kansas City using a government bond or other eligible paper as security, and rounded to the nearest full percent. Colorado Revised Statutes 2019 Page 220 of 584 Uncertified Printout Such annual rate of interest must be established as of December 31, 1982, to become effective January 1, 1983. Thereafter, as of December 31 of each year, the annual rate of interest must be established in the same manner, effective on January 1 of the following year. (4) The rate at which postjudgment interest accrues during each year is the rate which the secretary of state has certified as the annual interest rate pursuant to subsection (3) of this section. Source: L. 11: p. 296, § 1. C.L. § 6306. CSA: C. 50, § 5. CRS 53: § 41-2-1. C.R.S. 1963: § 41-2-1. L. 75: Entire section amended, p. 569, § 1, effective July 1. L. 79: Entire section amended, p. 316, § 3, effective July 1. L. 82: Entire section amended, p. 227, § 3, effective January 1, 1983. L. 2018: Entire section amended, (SB 18-098), ch. 99, p. 772, § 2, effective August 8. Cross references: (1) For rate of interest authorized upon a judgment for damages, see § 5-12-102; for general provisions on interest, see article 12 of title 5. (2) For the legislative declaration in SB 18-098, see section 1 of chapter 99, Session Laws of Colorado 2018. 13-21-102. Exemplary damages. (1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual damages sustained by such party, may award him reasonable exemplary damages. The amount of such reasonable exemplary damages shall not exceed an amount which is equal to the amount of the actual damages awarded to the injured party. (b) As used in this section, "willful and wanton conduct" means conduct purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff. (1.5) (a) A claim for exemplary damages in an action governed by this section may not be included in any initial claim for relief. A claim for exemplary damages in an action governed by this section may be allowed by amendment to the pleadings only after the exchange of initial disclosures pursuant to rule 26 of the Colorado rules of civil procedure and the plaintiff establishes prima facie proof of a triable issue. After the plaintiff establishes the existence of a triable issue of exemplary damages, the court may, in its discretion, allow additional discovery on the issue of exemplary damages as the court deems appropriate. (b) The provisions of paragraph (a) of this subsection (1.5) shall not apply to any civil action or arbitration proceeding described in section 13-21-203 (3)(c) or 13-64-302.5 (3). (2) Notwithstanding the provisions of subsection (1) of this section, the court may reduce or disallow the award of exemplary damages to the extent that: (a) The deterrent effect of the damages has been accomplished; or (b) The conduct which resulted in the award has ceased; or (c) The purpose of such damages has otherwise been served. (3) Notwithstanding the provisions of subsection (1) of this section, the court may increase any award of exemplary damages, to a sum not to exceed three times the amount of actual damages, if it is shown that: Colorado Revised Statutes 2019 Page 221 of 584 Uncertified Printout (a) The defendant has continued the behavior or repeated the action which is the subject of the claim against the defendant in a willful and wanton manner, either against the plaintiff or another person or persons, during the pendency of the case; or (b) The defendant has acted in a willful and wanton manner during the pendency of the action in a manner which has further aggravated the damages of the plaintiff when the defendant knew or should have known such action would produce aggravation. (4) Repealed. (5) Unless otherwise provided by law, exemplary damages shall not be awarded in administrative or arbitration proceedings, even if the award or decision is enforced or approved in an action commenced in a court. (6) In any civil action in which exemplary damages may be awarded, evidence of the income or net worth of a party shall not be considered in determining the appropriateness or amount of such damages. Source: L. 1889: p. 64, § 1. R.S. 08: § 2067. C.L. § 6307. CSA: C. 50, § 6. CRS 53: § 41-2-2. C.R.S. 1963: § 41-2-2. L. 86: Entire section amended, p. 675, § 1, effective July 1. L. 95: (4) repealed, p. 14, § 1, effective March 9. L. 2003: (1.5) added, p. 1044, § 1, effective August 6. 13-21-102.5. Limitations on damages for noneconomic loss or injury. (1) The general assembly finds, determines, and declares that awards in civil actions for noneconomic losses or injuries often unduly burden the economic, commercial, and personal welfare of persons in this state; therefore, for the protection of the public peace, health, and welfare, the general assembly enacts this section placing monetary limitations on such damages for noneconomic losses or injuries. (2) As used in this section: (a) "Derivative noneconomic loss or injury" means nonpecuniary harm or emotional stress to persons other than the person suffering the direct or primary loss or injury. (b) "Noneconomic loss or injury" means nonpecuniary harm for which damages are recoverable by the person suffering the direct or primary loss or injury, including pain and suffering, inconvenience, emotional stress, and impairment of the quality of life. "Noneconomic loss or injury" includes a damage recovery for nonpecuniary harm for actions brought under section 13-21-201 or 13-21-202. (3) (a) In any civil action other than medical malpractice actions in which damages for noneconomic loss or injury may be awarded, the total of such damages shall not exceed the sum of two hundred fifty thousand dollars, unless the court finds justification by clear and convincing evidence therefor. In no case shall the amount of noneconomic loss or injury damages exceed five hundred thousand dollars. The damages for noneconomic loss or injury in a medical malpractice action shall not exceed the limitations on noneconomic loss or injury specified in section 13-64-302. (b) In any civil action, no damages for derivative noneconomic loss or injury may be awarded unless the court finds justification by clear and convincing evidence therefor. In no case shall the amount of such damages exceed two hundred fifty thousand dollars. (c) (I) The limitations on damages set forth in subsections (3)(a) and (3)(b) of this section must be adjusted for inflation as of January 1, 1998, January 1, 2008, January 1, 2020, Colorado Revised Statutes 2019 Page 222 of 584 Uncertified Printout and each January 1 every two years thereafter. The adjustments made on January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitations in subsections (3)(a) and (3)(b) of this section. The adjustments made pursuant to this subsection (3)(c)(I) must be rounded upward or downward to the nearest tendollar increment. (II) As used in this paragraph (c), "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for DenverBoulder, all items, all urban consumers, or its successor index. (III) The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available, and: (A) The adjusted limitation on damages is applicable to all claims for relief that accrue on or after January 1, 1998, and before January 1, 2008; (B) The adjusted limitation on damages as of January 1, 2008, is applicable to all claims for relief that accrue on and after January 1, 2008, and before January 1, 2020; and (C) The adjusted limitation on damages as of January 1, 2020, and each January 1 every two years thereafter is applicable to all claims for relief that accrue on and after the specified January 1 and before the January 1 two years thereafter. (IV) Nothing in this subsection (3) shall change the limitations on damages set forth in section 13-64-302, or the limitation on damages set forth in section 33-44-113, C.R.S. (4) The limitations specified in subsection (3) of this section shall not be disclosed to a jury in any such action, but shall be imposed by the court before judgment. (5) Nothing in this section shall be construed to limit the recovery of compensatory damages for physical impairment or disfigurement. (6) (a) (I) In any claim for breach of contract, damages for noneconomic loss or injury or for derivative noneconomic loss or injury are recoverable only if: (A) The recovery for such damages is specifically authorized in the contract that is the subject of the claim; or (B) In any first-party claim brought against an insurer for breach of an insurance contract, the plaintiff demonstrates by clear and convincing evidence that the defendant committed willful and wanton breach of contract. (II) For purposes of this paragraph (a), "willful and wanton breach of contract" means that: (A) The defendant intended to breach the contract; (B) The defendant breached the contract without any reasonable justification; and (C) The contract clearly indicated that damages for noneconomic loss or injury or for derivative noneconomic damages or loss were within the contemplation or expectation of the parties. (b) Except for the breach of contract damages that are permitted pursuant to subsubparagraph (B) of subparagraph (I) of paragraph (a) of this subsection (6), nothing in this subsection (6) shall be construed to prohibit one or more parties from waiving the recovery of damages for noneconomic loss or injury or for derivative noneconomic loss or injury on a breach of contract claim so long as the waiver is explicit and in writing. Colorado Revised Statutes 2019 Page 223 of 584 Uncertified Printout (c) The limitations on damages set forth in subsection (3) of this section shall apply in any civil action to the aggregate sum of any noneconomic damages awarded under this section for breach of contract including but not limited to bad faith breach of contract. (d) In any civil action in which an award of damages for noneconomic loss or injury or for derivative noneconomic loss or injury is made on a breach of contract claim, the court shall state such award in the judgment separately from any other damages award. (e) Except as otherwise provided in paragraph (c) of this subsection (6), nothing in this subsection (6) shall be construed to govern the recovery of noneconomic damages on a tort claim for bad faith breach of contract. Source: L. 86: Entire section added, p. 677, § 1, effective July 1. L. 89: (2)(b) amended, p. 752, § 1, effective July 1. L. 97: (3)(c) added, p. 923, § 4, effective August 6. L. 2003: (3)(a) amended, p. 1787, § 1, effective July 1. L. 2004: (6) added, p. 770, § 2, effective July 1. L. 2007: (3)(c)(I) and (3)(c)(III) amended, p. 329, § 3, effective July 1. L. 2019: (3)(c)(I) and (3)(c)(III) amended, (SB 19-109), ch. 83, p. 296, § 2, effective August 2. Cross references: For the legislative declaration contained in the 1997 act enacting subsection (3)(c), see section 1 of chapter 172, Session Laws of Colorado 1997. For the legislative declaration contained in the 2004 act enacting subsection (6), see section 1 of chapter 232, Session Laws of Colorado 2004. For the legislative declaration contained in the 2007 act amending subsections (3)(c)(I) and (3)(c)(III), see section 1 of chapter 83, Session Laws of Colorado 2007. 13-21-103. Damages for selling liquor to an intoxicated person. Every husband, wife, child, parent, guardian, employer, or other person who is injured in person, or property, or means of support by any intoxicated person, or in consequence of the intoxication of any person, has a right of action, in his or her name, against any person who, by selling or giving away intoxicating liquors to any habitually intoxicated person or person with an alcohol use disorder, causes the intoxication, in whole or in part, of such habitually intoxicated person or person with an alcohol use disorder; and all damages recovered by a minor pursuant to this section must be paid either to the minor or to his or her parent, guardian, or next friend, as the court directs. The unlawful sale or giving away of intoxicating liquors works a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises. Liability must not accrue against any such person as provided unless the husband, wife, child, parent, guardian, or employer first, by written or printed notice, has notified such person, or his or her agents or employees, not to sell or give away any intoxicating liquors to any habitually intoxicated person or person with an alcohol use disorder. Source: L. 1879: p. 92, § 1. G.S. § 1034. R.S. 08: § 2068. C.L. § 6308. CSA: C. 50, § 7. CRS 53: § 41-2-3. C.R.S. 1963: § 41-2-3. L. 2018: Entire section amended, (SB 18-091), ch. 35, p. 384, § 12, effective August 8. Cross references: (1) For provisions concerning the liability of persons who sell or serve alcoholic beverages to intoxicated persons or minors, see § 12-47-801. Colorado Revised Statutes 2019 Page 224 of 584 Uncertified Printout (2) For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 13-21-104. Damages for using animal left for keeping. If any person keeping a public ranch or stable uses or allows to be used, without the consent of the owner, any horse, ox, mule, or ass that may have been left with him to be ranched or fed, he shall forfeit to the owner all ranch or stable fees that may be due upon such animal used and the additional sum of five dollars for each day such animal has been used, to be collected in the same manner as other debts. Source: R.S. p. 234, § 175. G.L. § 775. G.S. § 1035. R.S. 08: § 2069. C.L. § 6309. CSA: C. 50, § 8. CRS 53: § 41-2-4. C.R.S. 1963: § 41-2-4. 13-21-105. Damages from fire set in woods or prairie - treble damages during drought conditions. (1) If any person sets fire to any woods or prairie so as to damage any other person, such person shall make satisfaction for the damage to the party injured, to be recovered in an action before any court of competent jurisdiction. (2) (a) If a state of emergency or disaster due to drought has been declared by the governor at the time a person knowingly sets fire to any woods or prairie as described in subsection (1) of this section, such person may be held liable for treble damages to any injured party. (b) (I) The provisions of paragraph (a) of this subsection (2) shall not apply to any open burning conducted in the course of agricultural operations or to any state, municipal, or county fire management operations. (II) Paragraph (a) of this subsection (2) does not apply to any other person seeking to conduct other prescribed or controlled fires such as grassland, forest, or habitat management activities, if such person has first obtained written authority from the director of the division of fire prevention and control in the department of public safety. Source: G.L. § 2150. G.S. § 1036. R.S. 08: § 2070. C.L. § 6310. CSA: C. 50, § 9. CRS 53: § 41-2-5. C.R.S. 1963: § 41-2-5. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 45, § 2, effective July 18. L. 2013: (2)(b)(II) amended, (SB 13-083), ch. 249, p.1308, § 8, effective May 23. Cross references: (1) For the criminal penalty for setting fire to woods or prairie, see § 18-13-109. (2) In 2013, subsection (2)(b)(II) was amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013. 13-21-105.5. Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages. (1) This section shall be known and may be cited as the "Infant Used Crib Safety Act of 1998". (2) The general assembly hereby finds that parents' use of used infant cribs occasionally results in crib accidents that may lead to infants' injuries or deaths, and therefore such used cribs Colorado Revised Statutes 2019 Page 225 of 584 Uncertified Printout pose a serious threat to the public health, safety, and welfare. The general assembly further finds that the majority of parents use secondhand, hand-me-down, or heirloom cribs for their infants and therefore it is especially important to raise public awareness of the dangers of used cribs in order to prevent the injuries or deaths that may result from their use. The general assembly finds that the design and construction of infant cribs must ensure that they are safe for an infant's use, thereby providing the infant's parent or other caregiver some degree of confidence in using the crib. The general assembly therefore concludes that discouraging the sale, lease, or subletting of unsafe used cribs will significantly reduce the number of injuries and deaths caused by used infant cribs. (3) As used in this section, unless the context otherwise requires: (a) "Commercial dealer" means any person or entity who: (I) Regularly deals in used full-size or nonfull-size cribs; or (II) Regularly sells, leases, sublets, or otherwise places in the stream of commerce used full-size or nonfull-size cribs; or (III) Purchases one or more used full-size or nonfull-size cribs for the purpose of resale. (b) "Crib" means a bed or containment designed to accommodate an infant. (c) "Full-size crib" means a full-size crib as defined in 16 CFR sec. 1508.1 (a), regarding the requirements for full-size cribs. (d) "Infant" means any person less than thirty-five inches tall and less than three years of age. (e) "Nonfull-size crib" means a nonfull-size crib as defined in 16 CFR sec. 1509.2 (b), regarding the requirements for nonfull-size cribs. (f) "Used" means previously owned by a consumer. (4) No commercial dealer may sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a used full-size or nonfull-size crib that is unsafe at the time of sale or lease, as provided in subsection (6) of this section. (5) (a) The consumer protection division of the Colorado department of public health and environment shall make available to the public a copy of the federal standards and a copy of the voluntary standards of the American society for testing materials as specified in paragraph (b) of this subsection (5). One copy shall also be provided to the state publications depository and distribution center. The state librarian shall retain a copy of the material and shall make a copy available for interlibrary loans. (b) The provisions of this subsection (5) apply to the following materials: (I) 16 CFR sec. 1508 et seq., and any subsequent amendments or additions to said sections; (II) 16 CFR sec. 1509 et seq., and any subsequent amendments or additions to said sections; (III) 16 CFR sec. 1303 et seq., and any subsequent amendments or additions to said sections; and (IV) The voluntary standards of the American society for testing materials or any successor organization. (6) Any used crib that has any of the following dangerous features or characteristics at the time of sale or lease shall be presumed to be unsafe pursuant to this section: (a) Corner posts that extend more than one-sixteenth of an inch; (b) Spaces between side slats that are wider than two and three-eighths inches; Colorado Revised Statutes 2019 Page 226 of 584 Uncertified Printout (c) Mattress supports that may be easily dislodged from any point of the crib. A mattress segment may be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib. (d) Cutout designs on the end panels of the crib; (e) Rail height dimensions that do not conform to the following: (I) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least twenty-two and eight tenths centimeters or nine inches; (II) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least sixty-six centimeters or twenty-six inches; (f) Any screws, bolts, or hardware that are loose and not secured; (g) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks; (h) Nonfull-size cribs with tears in mesh or fabric sides. (7) A crib is exempt from the provisions of this section if: (a) It is not intended for use by an infant; and (b) At the time of selling, reselling, leasing, or subletting the crib or otherwise placing the crib in the stream of commerce, the commercial dealer attaches a written notice to the crib declaring that it is not intended to be used for an infant and is unsafe for use by an infant. (8) (a) A person who is a parent or guardian of an infant and who purchases a used crib on or after July 1, 1998, that, at the time of sale or lease, is presumed to be unsafe as provided in subsection (6) of this section may bring an action, on the parent's or guardian's own behalf and on behalf of the infant, against the commercial dealer from whom the parent or guardian purchased the used crib. In such action, the parent or guardian may seek to enjoin the commercial dealer from selling, contracting to sell, contracting to resell, leasing, or subletting any used full-size or nonfull-size crib that, at the time of sale or lease, is presumed to be unsafe as provided in subsection (6) of this section. (b) In addition to an injunction, the parent or guardian may seek return of the purchase price of the crib, reasonable attorney fees and costs, and, if the infant has sustained injury or death as a result of using the crib, such additional damages as are provided by law. Source: L. 98: Entire section added, p. 1366, § 1, effective July 1. 13-21-106. Broadcasting defamatory statements. The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations and the agent or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast by one other than such owner, licensee, or operator, or agent or employee thereof, if, in any action brought to recover such damages, such owner, licensee, or operator, or agent or employee thereof, alleges and proves that he exercised due care to prevent the publication or utterance of such statement in such broadcast; except that, in no event shall any owner, licensee, or operator, or the agents or employees thereof, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network of stations by any candidate for public office or by any other person speaking for, or on behalf of, any candidate for public office where, by any federal law, Colorado Revised Statutes 2019 Page 227 of 584 Uncertified Printout rule, or regulation censorship of such political statements in advance of such utterance or publication is prohibited. Source: L. 47: p. 718, § 1. CSA: C. 138B, § 1. CRS 53: § 41-2-6. C.R.S. 1963: § 41-26. 13-21-106.5. Civil damages for destruction or bodily injury caused by a biasmotivated crime. (1) The victim, or a member of the victim's immediate family, is entitled to recover damages from any person, organization, or association that commits or incites others to commit the offense of a bias-motivated crime as described in section 18-9-121 (2), C.R.S. Such person, organization, or association shall be civilly liable to the victim or a member of the victim's immediate family for the actual damages, costs, and expenses incurred in connection with said action. For purposes of this section, "immediate family" includes the victim's spouse and the victim's parent, sibling, or child who is living with the victim. (2) A conviction for a criminal bias-motivated crime pursuant to section 18-9-121, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section. (3) In any civil action brought pursuant to this section in which damages are assessed by a jury, upon proof of the knowledge and intent described in section 18-9-121 (2), C.R.S., in addition to the actual damages, the jury may award punitive damages. Said punitive damages shall not be subject to the limitations in section 13-21-102 or section 13-21-102.5. Source: L. 91: Entire section added, p. 350, § 1, effective April 19. L. 2006: Entire section amended, p. 1492, § 20, effective June 1. 13-21-106.7. Civil damages for preventing passage to and from a health care facility and engaging in prohibited activity near facility. (1) A person is entitled to recover damages and to obtain injunctive relief from any person who commits or incites others to commit the offense of preventing passage to or from a health care facility or engaging in prohibited activity near a health care facility, as defined in section 18-9-122 (2), C.R.S. (2) A conviction for criminal obstruction of passage to or from a health care facility pursuant to section 18-9-122, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section. Source: L. 93: Entire section added, p. 401, § 2, effective April 19. 13-21-107. Damages for destruction or bodily injury caused by minors. (1) The state or any county, city, town, school district, or other political subdivision of the state, or any person, partnership, corporation, association, or religious organization, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed three thousand five hundred dollars in a court of competent jurisdiction from the parents of each minor under the age of eighteen years, living with such parents, who maliciously or willfully damages or destroys property, real, personal, or mixed, belonging to the state, or to any such county, city, town, or other political subdivision of the state, or to any such person, partnership, corporation, association, or religious organization or who maliciously or willfully damages or destroys any Colorado Revised Statutes 2019 Page 228 of 584 Uncertified Printout such property belonging to or used by such school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars, in addition to court costs and reasonable attorney fees. (2) Any person is entitled to recover damages in an amount not to exceed three thousand five hundred dollars in a court of competent jurisdiction from the parents of each minor under the age of eighteen years, living with such parents, who knowingly causes bodily injury to that person, including bodily injury occurring on property belonging to or used by a school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars, in addition to court costs and reasonable attorney fees. Source: L. 59: p. 376, § 1. CRS 53: § 41-2-7. C.R.S. 1963: § 41-2-7. L. 69: p. 331, § 1. L. 77: Entire section amended, p. 802, § 1, effective July 1. L. 79: Entire section amended, p. 766, § 1, effective July 1. L. 83: Entire section amended, p. 617, § 1, effective April 12; entire section amended, p. 618, § 1, effective July 1. L. 84: (1) amended, p. 1117, § 7, effective June 7. Cross references: For restitution by delinquent children under the "Colorado Children's Code", see § 19-2-918. 13-21-107.5. Civil damages for loss caused by theft. (1) As used in this section, unless the context otherwise requires: (a) "Emancipated minor" means an individual under the age of eighteen years whose parents or guardian have surrendered parental responsibilities or custody, the right to the care, and earnings of such individual and are no longer under a duty to support or maintain such individual. (b) "Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale either at retail or at wholesale. (c) "Merchandise" means all things movable and capable of manual delivery and offered for sale either at retail or wholesale. (2) An adult or an emancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars. (3) The parents or guardian having custody of or parental responsibilities with respect to an unemancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars. (4) Notwithstanding the provisions of subsections (2) and (3) of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars. Colorado Revised Statutes 2019 Page 229 of 584 Uncertified Printout (5) A conviction for theft pursuant to part 4 of article 4 of title 18, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section. (6) Civil liability pursuant to the provisions of this section shall not be subject to the limitations on liability in section 13-21-107 or any other law that limits the liability of parents of an unemancipated minor for damages caused by such unemancipated minor. Source: L. 85: Entire section added, p. 573, § 1, effective July 1. L. 98: (1)(a) and (3) amended, p. 1393, § 27, effective February 1, 1999. 13-21-108. Persons rendering emergency assistance exempt from civil liability. (1) Any person licensed as a physician and surgeon under the laws of the state of Colorado, or any other person, who in good faith renders emergency care or emergency assistance to a person not presently his patient without compensation at the place of an emergency or accident, including a health care institution as defined in section 13-64-202 (3), shall not be liable for any civil damages for acts or omissions made in good faith as a result of the rendering of such emergency care or emergency assistance during the emergency, unless the acts or omissions were grossly negligent or willful and wanton. This section shall not apply to any person who renders such emergency care or emergency assistance to a patient he is otherwise obligated to cover. (2) Any person while acting as a volunteer member of a rescue unit, as defined in section 25-3.5-103 (11), C.R.S., notwithstanding the fact that such organization may recover actual costs incurred in the rendering of emergency care or assistance to a person, who in good faith renders emergency care or assistance without compensation at the place of an emergency or accident shall not be liable for any civil damages for acts or omissions in good faith. (3) Any person, including a licensed physician, surgeon, or other medical personnel, while acting as a volunteer member of a ski patrol or ski area rescue unit, notwithstanding the fact that such person may receive free skiing privileges or other benefits as a result of his volunteer status, who in good faith renders emergency care or assistance without other compensation at the place of an emergency or accident shall not be liable for any civil damages for acts or omissions in good faith. (4) (a) Notwithstanding the fact that the person may be reimbursed for the person's costs or that the nonprofit organization may receive a grant or other funding, any person who, while acting as a volunteer for any nonprofit organization operating a telephone hotline, answers questions of or provides counseling to members of the public in crisis situations shall not be liable for any civil damages for acts or omissions made in good faith as a result of discussions or counseling provided on the hotline. (b) As used in this subsection (4), unless the context otherwise requires, "hotline" means a telephone line staffed by individuals who provide immediate assistance to callers in emergency or crisis situations. (5) An employer shall not be liable for any civil damages for acts or omissions made by an employee while rendering emergency care or emergency assistance if the employee: (a) Renders the emergency care or emergency assistance in the course of his or her employment for the employer; and (b) Is personally exempt from liability for civil damages for the acts or omissions under subsection (1) of this section. Colorado Revised Statutes 2019 Page 230 of 584 Uncertified Printout Source: L. 65: p. 527, § 1. C.R.S. 1963: § 41-2-8. L. 75: Entire section amended, p. 285, § 21, effective July 25. L. 77: Entire section R&RE, p. 1278, § 1, effective January 1, 1978. L. 83: Entire section amended, p. 621, § 1, effective May 26. L. 90: (1) amended and (3) added, pp. 862, 1544, §§ 2, 8, effective July 1. L. 2004: (4) added, p. 115, § 1, effective August 4. L. 2005: (5) added, p. 204, § 1, effective August 8. Cross references: (1) For the exemption from civil liability for veterinarians providing emergency care or treatment to an animal, see § 12-64-118; for the exemption from civil liability for persons administering tests to persons suspected of drunken or drugged driving, see § 42-41301.1 (6)(b); for the exemption from civil or criminal liability for physicians examining or treating minor victims of sexual assault, see § 13-22-106 (4); for the exemption from civil or criminal liability for physicians acting pursuant to a declaration under the "Colorado Medical Treatment Decision Act", see § 15-18-110 (1)(b). (2) For the legislative declaration contained in the 1990 act amending subsection (1) and enacting subsection (3), see section 1 of chapter 256, Session Laws of Colorado 1990. 13-21-108.1. Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity. (1) The general assembly hereby declares that it is the intent of the general assembly to encourage the use of automated external defibrillators for the purpose of saving the lives of people in cardiac arrest. (2) As used in this section, unless the context otherwise requires: (a) "AED" or "defibrillator" means an automated external defibrillator that: (I) Has received approval of its premarket notification filed pursuant to 21 U.S.C. sec. 360 (k), from the federal food and drug administration; (II) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and (III) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart. (b) "Licensed physician" means a physician licensed to practice medicine in this state. (3) (a) In order to ensure public health and safety, a person or entity who acquires an AED shall ensure that: (I) Expected AED users receive training in cardiopulmonary resuscitation (CPR) and AED use through a course that meets nationally recognized standards and is approved by the department of public health and environment; (II) The defibrillator is maintained and tested according to the manufacturer's operational guidelines and that written records are maintained of this maintenance and testing; (III) (Deleted by amendment, L. 2009, (SB 09-010), ch. 52, p. 186, § 1, effective March 25, 2009.) (IV) Written plans are in place concerning the placement of AEDs, training of personnel, pre-planned coordination with the emergency medical services system, medical oversight, AED maintenance, identification of personnel authorized to use AEDs, and reporting of AED utilization, which written plans have been reviewed and approved by a licensed physician; and (V) Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible. Colorado Revised Statutes 2019 Page 231 of 584 Uncertified Printout (b) Any person or entity that acquires an AED shall notify an agent of the applicable emergency communications or vehicle dispatch center of the existence, location, and type of AED. (4) (a) Any person or entity whose primary duties do not include the provision of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions were grossly negligent or willful and wanton. (b) The limited immunity provided in paragraph (a) of this subsection (4) extends to: (I) The licensed physician who reviewed and approved the written plans described in subparagraph (IV) of paragraph (a) of subsection (3) of this section; (II) The person or entity who provides the CPR and AED site placement; (III) Any person or entity that provides teaching or training programs for CPR to the site at which the AED is placed, which programs include training in the use of an AED; and (IV) The person or entity responsible for the site where the AED is located. (c) The limited immunity provided in this subsection (4) applies regardless of whether the requirements of subsection (3) of this section are met; except that the person or entity responsible for the site where the AED is located shall receive the limited immunity only if the requirements of subparagraph (II) of paragraph (a) of subsection (3) of this section are met. (5) The requirements of subsection (3) of this section shall not apply to any individual using an AED during a medical emergency if that individual is acting as a good samaritan under section 13-21-108. Source: L. 99: Entire section added, p. 349, § 1, effective April 16. L. 2005: (3)(a)(I) amended, p. 384, § 2, effective August 8. L. 2009: (3)(a)(III), (3)(a)(IV), (3)(a)(V), (4)(b), and (4)(c) amended, (SB 09-010), ch. 52, p. 186, § 1, effective March 25. 13-21-108.2. Persons rendering emergency assistance - competitive sports exemption from civil liability. (1) (a) Except as provided in subsection (2) of this section, a person licensed as a physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist or certified or licensed as an emergency medical service provider under part 2 of article 3.5 of title 25, who, in good faith and without compensation, renders emergency care or emergency assistance, including sideline or on-field care as a team health care provider, to an individual requiring emergency care or emergency assistance as a result of having engaged in a competitive sport is not liable for civil damages as a result of acts or omissions by the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist, or person certified or licensed as an emergency medical service provider under part 2 of article 3.5 of title 25. (b) The provisions of this subsection (1) apply to the rendering of emergency care or emergency assistance to a minor even if the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, emergency medical service provider, or optometrist does not obtain permission from the parent or legal guardian of the minor before rendering the care or assistance; except that, if a parent or guardian refuses the rendering of emergency care, this subsection (1) does not apply. Colorado Revised Statutes 2019 Page 232 of 584 Uncertified Printout (2) The exemption from civil liability described in subsection (1) of this section does not apply to: (a) Acts or omissions that constitute gross negligence or willful and wanton conduct; or (b) Acts or omissions that are outside the scope of the license held by the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist or outside the scope of the certificate or license held by an emergency medical service provider under part 2 of article 3.5 of title 25. (3) As used in this section, "competitive sport" means a sport conducted as part of a program sponsored by a public or private school that provides instruction in any grade from kindergarten through twelfth grade or sponsored by a public or private college or university or by any league, club, or organization that promotes sporting events. (4) The general assembly declares that the intent of this section is to clarify and not to expand or limit the scope of section 13-21-108. Source: L. 2007: Entire section added, p. 321, § 1, effective July 1; (1) and (2)(b) amended, p. 2024, § 24, effective July 1. L. 2012: (1), IP(2), and (2)(b) amended, (HB 12-1059), ch. 271, p. 1432, § 8, effective July 1. L. 2019: (1) and (2)(b) amended, (SB 19-242), ch. 396, p. 3525, § 7, effective May 31. Editor's note: Section 29(2) of chapter 396 (SB 19-242), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after May 31, 2019. 13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability. (1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntarily and without compensation provides architectural, damage assessment, engineering, or surveying services, respectively, at the scene of an emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act or omission of the architect, building code official, engineer, or surveyor in performing such services. (2) As used in this section, unless the context otherwise requires: (a) "Building code official" means an individual maintaining a building inspector, building code official, or certified building official certification in good standing by the international code council or similar association of building code officials. (b) "Emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to section 24-33.5-704 (4), C.R.S. (3) The immunity provided in subsection (1) of this section applies only to an architectural, damage assessment, or engineering service that: (a) Concerns an identified building, structure, or other architectural or engineering system, whether publicly or privately owned; (b) Relates to the structural integrity of the building, structure, or system or to a nonstructural element thereof affecting life safety; and Colorado Revised Statutes 2019 Page 233 of 584 Uncertified Printout (c) Is rendered during the time in which a state of disaster emergency exists, as provided in section 24-33.5-704 (4), C.R.S. (4) Nothing in this section shall provide immunity for gross negligence or willful misconduct. (5) Nothing in this section shall be construed to abrogate any provision of the "Colorado Governmental Immunity Act", provided in article 10 of title 24, C.R.S. Source: L. 98: Entire section added, p. 236, § 1, effective July 1. L. 2006: (1) amended, p. 762, § 20, effective July 1. L. 2009: Entire section amended, (HB 09-1080), ch. 37, p. 149, § 1, effective March 20. L. 2013: (2)(b) and (3)(c) amended, (HB 13-1300), ch. 316, p. 1674, § 32, effective August 7. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1663, § 68, effective October 1. 13-21-108.4. Persons rendering emergency assistance from a locked vehicle exempt from criminal and civil liability - definitions. (1) For purposes of this section, unless the context otherwise requires: (a) "Animal" means a dog or cat. The term "animal" does not include livestock, as defined in subsection (1)(c) of this section. (b) "At-risk person" means an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile, as those terms are defined in section 18-6.5-102. (c) "Livestock" means cattle, horses, mules, burros, sheep, poultry, swine, llamas, and goats. (2) A person is immune from civil and criminal liability for property damage resulting from his or her forcible entry into a locked vehicle if: (a) The vehicle is not a law enforcement vehicle; and (b) An at-risk person or animal is present in the vehicle and the person rendering assistance has a reasonable belief that the at-risk person or animal is in imminent danger of death or suffering serious bodily injury; and (c) The person determines that the vehicle is locked and that forcible entry is necessary; and (d) The person makes a reasonable effort to locate the owner or operator of the vehicle and documents the color, make, model, license plate number, and location of the vehicle; and (e) The person contacts a local law enforcement agency, the fire department, animal control, or a 911 operator prior to forcibly entering the vehicle, and the person does not interfere with, hinder, or fail to obey a lawful order of any person duly empowered with police authority or other first responder duties who is discharging or apparently discharging his or her duties; and (f) The person uses no more force than he or she believes is reasonably necessary; and (g) (I) The person rendering assistance remains with the at-risk person or animal, reasonably close to the vehicle, until a law enforcement officer, emergency medical service provider, animal control officer, or other first responder arrives at the scene. (II) If it is necessary for the person rendering assistance to leave the scene before the owner or operator of the vehicle returns to the scene, or before a law enforcement officer, emergency medical service provider, animal control officer, or other first responder arrives at the scene, and regardless of whether or not the person rendering assistance took the at-risk person or Colorado Revised Statutes 2019 Page 234 of 584 Uncertified Printout animal to a hospital, an appropriate law enforcement, animal control, or veterinary facility, prior to leaving the scene the person rendering assistance shall: (A) Place a notice on the windshield of the vehicle that includes his or her name and contact information and the name and contact information of the location, if any, to which the person rendering assistance took the at-risk person or animal when he or she left the scene; and (B) Contact law enforcement, animal control, or other first responder to advise them of his or her name and contact information, that he or she is leaving the scene, and the name and contact information of the location, if any, to which the person rendering assistance is taking the at-risk person or animal. Source: L. 2017: Entire section added, (HB 17-1179), ch. 127, p. 435, § 1, effective August 9. 13-21-108.5. Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability. (1) The general assembly hereby finds and declares that knowledgeable individuals and organizations should be encouraged to lend expert assistance in the event of accidental or threatened discharges of hazardous materials. The purpose of this section is to so encourage such individuals and organizations to lend assistance by providing them with limited immunity from civil liability. (2) As used in this section: (a) "Discharge" includes any spill, leakage, seepage, or other release. (b) "Hazardous material" includes any material or substance which is designated or defined as hazardous by state or federal law or regulation. (c) "Person" means individual, government or governmental subdivision or agency, corporation, partnership, or association or any other legal entity. (3) (a) Notwithstanding any provision of law to the contrary, any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such discharge, shall not be subject to civil liability for such assistance or advice, except as provided in subsection (4) of this section. (b) Notwithstanding any provision of law to the contrary, any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of hazardous material, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance, except as provided in subsection (4) of this section. (4) The exemption from civil liability provided for in this section shall not apply to: (a) Any person whose act or omission caused in whole or in part such discharge and who would otherwise be liable therefor; (b) Any person other than the employee of a governmental subdivision or agency who receives compensation other than reimbursement for out-of-pocket expenses for his assistance or advice; (c) Any person's gross negligence or reckless, wanton, or intentional misconduct. Colorado Revised Statutes 2019 Page 235 of 584 Uncertified Printout (5) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to article 10 of title 24, C.R.S., the "Colorado Governmental Immunity Act". Source: L. 83: Entire section added, p. 622, § 1, effective June 1. 13-21-108.7. Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions. (1) Legislative declaration. The general assembly hereby encourages the administration of opiate antagonists for the purpose of saving the lives of people who suffer opiate-related drug overdose events. A person who administers an opiate antagonist to another person is urged to call for emergency medical services immediately. (2) Definitions. As used in this section, unless the context otherwise requires: (a) "Health care facility" means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides homeand community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment. (b) (I) "Health care provider" means: (A) A licensed physician, advanced practice nurse who has prescriptive authority pursuant to section 12-255-112, physician assistant, or pharmacist; or (B) A health maintenance organization licensed and conducting business in this state. (II) "Health care provider" does not include a podiatrist, optometrist, dentist, or veterinarian. (c) "Opiate" has the same meaning as set forth in section 18-18-102 (21), C.R.S. (d) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. (e) "Opiate-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be an opiate-related drug overdose event; and (III) Requires medical assistance. (3) General immunity. (a) A person, other than a health care provider or a health care facility, who acts in good faith to furnish or administer an opiate antagonist to an individual the person believes to be suffering an opiate-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opiate-related overdose event is not liable for any civil damages for acts or omissions made as a result of the act or for any act or omission made if the opiate antagonist is stolen. (b) This subsection (3) also applies to: (I) A law enforcement agency or first responder; an employee or volunteer of a harm reduction organization; or a school district, school, or employee or agent of a school acting in Colorado Revised Statutes 2019 Page 236 of 584 Uncertified Printout accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b) and, as applicable, section 22-1119.1; and (II) A person who acts in good faith to furnish or administer an opiate antagonist in accordance with section 25-20.5-1001. (4) Licensed prescribers and dispensers. (a) An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opiate antagonist is not liable for any civil damages resulting from: (I) Prescribing or dispensing an opiate antagonist in accordance with the applicable law; or (II) Any outcomes resulting from the eventual administration of the opiate antagonist by a layperson. (b) Repealed. (5) The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist. Source: L. 2013: Entire section added, (SB 13-014), ch. 178, p. 658, § 3, effective May 10. L. 2015: (2)(b)(I)(A), (2)(e), (3), IP(4)(a), and (4)(a)(I) amended and (4)(b) repealed, (SB 15-053), ch. 78, p. 215, § 8, effective April 3. L. 2019: (3) amended, (SB 19-227), ch. 273, p. 2579, § 6, effective May 23; (2)(b)(I)(A), (3), and IP(4)(a) amended, (HB 19-1172), ch. 136, p. 1663, § 69, effective October 1. Editor's note: (1) Amendments to subsection (3) by SB 19-227 and HB 19-1172 were harmonized. (2) Section 17(2) of chapter 273 (SB 19-227), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after May 23, 2019. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013. 13-21-109. Recovery of damages for checks, drafts, or orders not paid upon presentment. (1) Any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction as defined in section 5-1-301 by means of making any check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation that is not paid upon its presentment, is liable to the holder of the check, draft, or order or any assignee for collection for one of the following amounts, at the option of the holder or assignee: (a) The face amount of the check, draft, or order plus actual damages determined in accordance with the provisions of the "Uniform Commercial Code", title 4, C.R.S.; or (b) An amount equal to the face amount of the check, draft, or order and: (I) The amount of any reasonable posted or contractual charge not exceeding twenty dollars; and (II) If the check, draft, or order has been assigned for collection to a person licensed as a collection agency pursuant to article 16 of title 5 as costs of collection, twenty percent of the face amount of the check, draft, or order but not less than twenty dollars; or (c) An amount as provided in subsection (2) of this section. Colorado Revised Statutes 2019 Page 237 of 584 Uncertified Printout (2) (a) If notice of nonpayment on presentment of the check, draft, or order has been given in accordance with subsections (3) and (4) of this section and the total amount due as set forth in the notice has not been paid within fifteen days after such notice is given, instead of the amounts set forth in paragraph (a) or (b) of subsection (1) of this section, the person shall be liable to the holder or any assignee for collection for three times the face amount of the check but not less than one hundred dollars and, with regard to a paycheck, actual damages caused by the nonpayment, including associated late fees. (b) The person, also referred to in this section as the "maker", shall not be liable in accordance with the provisions of paragraph (a) of this subsection (2) if he establishes any one of the following: (I) That the account contained sufficient funds or credit to cover the check, draft, or order at the time the check, draft, or order was made, plus all other checks, drafts, and orders on the account then outstanding and unpaid; (II) That the check, draft, or order was not paid because a paycheck, deposited in the account in an amount sufficient to cover the check, draft, or order, was not paid upon presentment; (III) That funds sufficient to cover the check, draft, or order were garnished, attached, or set off and the maker had no notice of such garnishment, attachment, or setoff at the time the check, draft, or order was made; (IV) That the maker of the check, draft, or order was not competent or of full age to enter into a legal contractual obligation at the time the check, draft, or order was made; (V) That the making of the check, draft, or order was induced by fraud or duress; (VI) That the transaction which gave rise to the obligation for which the check, draft, or order was given lacked consideration or was illegal. (3) Notice that a check, draft, or order has not been paid upon presentment shall be in writing and given in person and receipted for, or by personal service, or by depositing the notice by certified mail, return receipt requested and postage prepaid, or by regular mail supported by an affidavit of mailing sworn and retained by the sender, in the United States mail and addressed to the recipient's most recent address known to the sender. If the notice is mailed and not returned as undeliverable by the United States postal service, notice shall be conclusively presumed to have been given on the date of mailing. For the purpose of this subsection (3), "undeliverable" does not include unclaimed or refused. (4) The notice given pursuant to subsection (3) of this section shall include the following information regarding the unpaid check, draft, or order: (a) The date the check, draft, or order was issued; (b) The name of the bank, depository, person, firm, or corporation on which it was drawn; (c) The name of the payee; (d) The face amount; (e) A statement of the total amount due, which shall be itemized and shall not exceed the amount permitted under paragraph (a) or (b) of subsection (1) of this section; (f) A statement that the maker has fifteen days from the date notice was given to make payment in full of the total amount due; and (g) A statement that, if the total amount due is not paid within fifteen days after the date notice was given, the maker may be liable in a civil action for three times the face amount of the Colorado Revised Statutes 2019 Page 238 of 584 Uncertified Printout check but not less than one hundred dollars and that, in such civil action, the court may award court costs and reasonable attorney fees to the prevailing party. (5) No holder or assignee for collection shall assert that any maker has liability for any amount set forth under subsection (2) of this section unless such liability has been determined by entry of a final judgment by a court of competent jurisdiction. (6) In any civil action brought under this section, the prevailing party may recover court costs and reasonable attorney fees. In addition, in an action brought under paragraph (b) of subsection (1) of this section, if the holder or assignee for collection prevails, actual costs of collection may be recovered by the holder or assignee for collection if such actual costs of collection are greater than the costs of collection provided under such paragraph (b). (7) Nothing in this section shall be deemed to apply to any check, draft, or order on which payment has been stopped by the maker by reason of a dispute relating to the money, merchandise, property, or other thing of value obtained by the maker. (8) Nothing in this section applies to any criminal case or affects eligibility or terms of probation. (9) Any limitation on a cause of action under this section, except a cause of action under subsection (2) of this section, shall be governed by the provisions of section 13-80-103.5. Any limitation on a cause of action under subsection (2) of this section shall be governed by the provisions of section 13-80-102. Source: L. 67: pp. 827, 828, §§ 1, 3. C.R.S. 1963: § 41-2-9. L. 84: (1) amended, p. 463, § 1, effective July 1. L. 89: Entire section R&RE, p. 754, § 1, effective July 1. L. 2002: (3) amended, p. 310, § 1, effective August 7. L. 2009: (2)(a) amended, (HB 09-1108), ch. 161, p. 696, § 2, effective August 5. L. 2017: IP(1) and (1)(b)(II) amended, (HB 17-1238), ch. 260, p. 1173, § 18, effective August 9. 13-21-109.5. Recovery of damages for fraudulent use of social security numbers. (1) No person shall buy or otherwise obtain or sell, offer for sale, take or give in exchange, pledge or give in pledge, or use any individual's social security account number, or any derivative of such number, for the purpose of committing fraud or fraudulently using or assuming said individual's identity. (2) Any individual aggrieved by the act of any person in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction to recover: (a) Such preliminary and equitable relief as the court determines to be appropriate; and (b) The greater of: (I) Actual damages; or (II) Liquidated damages of up to ten thousand dollars. (3) In addition to any damages and other relief awarded pursuant to subsection (2) of this section, if the aggrieved individual prevails, the court may assess against the defendant reasonable attorney fees and any other litigation costs and expenses, including expert fees, reasonably incurred by the aggrieved individual. (4) Any action brought pursuant to this section shall be in addition to, and not in lieu of, any criminal prosecution that may be brought under any state or federal law. Source: L. 98: Entire section added, p. 134, § 1, effective August 5. Colorado Revised Statutes 2019 Page 239 of 584 Uncertified Printout 13-21-110. Medical committee - privileged communication - limitation on liability. (1) Any information, data, reports, or records made available to a utilization review committee of a hospital or other health care facility, as required by state or federal law, is confidential and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee. It shall not be a violation of a privileged communication for any physician, dentist, podiatrist, hospital, or other health care facility or person to furnish information, data, reports, or records to any such utilization review committee concerning any patient examined or treated by the same or confined in such hospital or facility, which information, data, reports, or records relate to the proper functions of the utilization review committee. No member of such a committee shall be liable for damages to or for any such patient by reason of recommendations made by the committee in the exercise of the proper function of the committee, except for willful or reckless disregard of the patient's safety. (2) As used in this section, "utilization review committee" means a committee established for the purpose of evaluating the quantity, quality, and timeliness of health care services rendered under the "Colorado Medical Assistance Act" and in compliance with Titles XVIII and XIX of the federal "Social Security Act", as amended. (3) The privilege created by subsection (1) of this section shall not prevent any such information, data, reports, or records which have been made available to a utilization review committee from being admitted in evidence or otherwise made available for use in the review process referred to in section 13-90-107 (1)(d)(III) and (1)(d)(IV). Source: L. 70: p. 161, § 1. C.R.S. 1963: § 41-2-10. L. 76: (3) added, p. 525, § 1, effective July 1. L. 2007: (2) amended, p. 2025, § 25, effective June 1. Cross references: For the Colorado Medical Assistance Act, see article 4 of title 25.5. 13-21-111. Negligence cases - comparative negligence as measure of damages. (1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made. (2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state: (a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and (b) The degree of negligence of each party, expressed as a percentage. (3) Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant. (3.5) and (4) Repealed. Colorado Revised Statutes 2019 Page 240 of 584 Uncertified Printout Source: L. 71: p. 496, § 1. C.R.S. 1963: § 41-2-14. L. 75: (4) added, p. 570, § 1, effective July 1. L. 85: (3.5) added, p. 575, § 1, effective July 1. L. 86: (3.5) repealed, p. 682, § 6, effective July 1; (4) repealed, p. 679, § 5, effective July 1. 13-21-111.5. Civil liability cases - pro rata liability of defendants - shifting financial responsibility for negligence in construction agreements - legislative declaration. (1) In an action brought as a result of a death or an injury to person or property, no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, death, damage, or loss, except as provided in subsection (4) of this section. (2) The jury shall return a special verdict, or, in the absence of a jury, the court shall make special findings determining the percentage of negligence or fault attributable to each of the parties and any persons not parties to the action of whom notice has been given pursuant to paragraph (b) of subsection (3) of this section to whom some negligence or fault is found and determining the total amount of damages sustained by each claimant. The entry of judgment shall be made by the court based on the special findings, and no general verdict shall be returned by the jury. (3) (a) Any provision of the law to the contrary notwithstanding, the finder of fact in a civil action may consider the degree or percentage of negligence or fault of a person not a party to the action, based upon evidence thereof, which shall be admissible, in determining the degree or percentage of negligence or fault of those persons who are parties to such action. Any finding of a degree or percentage of fault or negligence of a nonparty shall not constitute a presumptive or conclusive finding as to such nonparty for the purposes of a prior or subsequent action involving that nonparty. (b) Negligence or fault of a nonparty may be considered if the claimant entered into a settlement agreement with the nonparty or if the defending party gives notice that a nonparty was wholly or partially at fault within ninety days following commencement of the action unless the court determines that a longer period is necessary. The notice shall be given by filing a pleading in the action designating such nonparty and setting forth such nonparty's name and last-known address, or the best identification of such nonparty which is possible under the circumstances, together with a brief statement of the basis for believing such nonparty to be at fault. Designation of a nonparty shall be subject to the provisions of section 13-17-102. If the designated nonparty is a licensed health care professional and the defendant designating such nonparty alleges professional negligence by such nonparty, the requirements and procedures of section 13-20-602 shall apply. (4) Joint liability shall be imposed on two or more persons who consciously conspire and deliberately pursue a common plan or design to commit a tortious act. Any person held jointly liable under this subsection (4) shall have a right of contribution from his fellow defendants acting in concert. A defendant shall be held responsible under this subsection (4) only for the degree or percentage of fault assessed to those persons who are held jointly liable pursuant to this subsection (4). (5) In a jury trial in any civil action in which contributory negligence or comparative fault is an issue for determination by the jury, the trial court shall instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault as between the plaintiff or plaintiffs and the defendant or defendants. However, the jury shall not be informed as to the Colorado Revised Statutes 2019 Page 241 of 584 Uncertified Printout effect of its finding as to the allocation of fault among two or more defendants. The attorneys for each party shall be allowed to argue the effect of the instruction on the facts which are before the jury. (6) (a) The general assembly hereby finds, determines, and declares that: (I) It is in the best interests of this state and its citizens and consumers to ensure that every construction business in the state is financially responsible under the tort liability system for losses that a business has caused; (II) The provisions of this subsection (6) will promote competition and safety in the construction industry, thereby benefitting Colorado consumers; (III) Construction businesses in recent years have begun to use contract provisions to shift the financial responsibility for their negligence to others, thereby circumventing the intent of tort law; (IV) It is the intent of the general assembly that the duty of a business to be responsible for its own negligence be nondelegable; (V) Construction businesses must be able to obtain liability insurance in order to meet their responsibilities; (VI) The intent of this subsection (6) is to create an economic climate that will promote safety in construction, foster the availability and affordability of insurance, and ensure fairness among businesses; (VII) If all businesses, large and small, are responsible for their own actions, then construction companies will be able to obtain adequate insurance, the quality of construction will be improved, and workplace safety will be enhanced. (b) Except as otherwise provided in paragraphs (c) and (d) of this subsection (6), any provision in a construction agreement that requires a person to indemnify, insure, or defend in litigation another person against liability for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the indemnitee or any third party under the control or supervision of the indemnitee is void as against public policy and unenforceable. (c) The provisions of this subsection (6) shall not affect any provision in a construction agreement that requires a person to indemnify and insure another person against liability for damage, including but not limited to the reimbursement of attorney fees and costs, if provided for by contract or statute, arising out of death or bodily injury to persons or damage to property, but not for any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitor or the indemnitor's agents, representatives, subcontractors, or suppliers. (d) (I) This subsection (6) does not apply to contract clauses that require the indemnitor to purchase, maintain, and carry insurance covering the acts or omissions of the indemnitor, nor shall it apply to contract provisions that require the indemnitor to name the indemnitee as an additional insured on the indemnitor's policy of insurance, but only to the extent that such additional insured coverage provides coverage to the indemnitee for liability due to the acts or omissions of the indemnitor. Any provision in a construction agreement that requires the purchase of additional insured coverage for damage arising out of death or bodily injury to persons or damage to property from any acts or omissions that are not caused by the negligence or fault of the party providing such additional insured coverage is void as against public policy. (II) This subsection (6) also does not apply to builder's risk insurance. Colorado Revised Statutes 2019 Page 242 of 584 Uncertified Printout (e) (I) As used in this subsection (6) and except as otherwise provided in subparagraph (II) of this paragraph (e), "construction agreement" means a contract, subcontract, or agreement for materials or labor for the construction, alteration, renovation, repair, maintenance, design, planning, supervision, inspection, testing, or observation of any building, building site, structure, highway, street, roadway bridge, viaduct, water or sewer system, gas or other distribution system, or other work dealing with construction or for any moving, demolition, or excavation connected with such construction. (II) "Construction agreement" does not include: (A) A contract, subcontract, or agreement that concerns or affects property owned or operated by a railroad, a sanitation district, as defined in section 32-1-103 (18), C.R.S., a water district, as defined in section 32-1-103 (25), C.R.S., a water and sanitation district, as defined in section 32-1-103 (24), C.R.S., a municipal water enterprise, a water conservancy district, a water conservation district, or a metropolitan sewage disposal district, as defined in section 32-4-502 (18), C.R.S.; or (B) Any real property lease or rental agreement between a landlord and tenant regardless of whether any provision of the lease or rental agreement concerns construction, alteration, repair, improvement, or maintenance of real property. (f) Nothing in this subsection (6) shall be construed to: (I) Abrogate or affect the doctrine of respondeat superior, vicarious liability, or other nondelegable duties at common law; (II) Affect the liability for the negligence of an at-fault party; or (III) Abrogate or affect the exclusive remedy available under the workers' compensation laws or the immunity provided to general contractors and owners under the workers' compensation laws. (g) Choice of law. Notwithstanding any contractual provision to the contrary, the laws of the state of Colorado shall apply to every construction agreement affecting improvements to real property within the state of Colorado. Source: L. 86: Entire section added, p. 680, § 1, effective July 1. L. 87: (1) amended and (4) and (5) added, p. 551, § 1, effective July 1. L. 90: (3)(b) amended, p. 863, § 3, effective July 1. L. 2007: (6) added, p. 446, § 1, effective July 1. 13-21-111.6. Civil actions - reduction of damages for payment from collateral source. In any action by any person or his legal representative to recover damages for a tort resulting in death or injury to person or property, the court, after the finder of fact has returned its verdict stating the amount of damages to be awarded, shall reduce the amount of the verdict by the amount by which such person, his estate, or his personal representative has been or will be wholly or partially indemnified or compensated for his loss by any other person, corporation, insurance company, or fund in relation to the injury, damage, or death sustained; except that the verdict shall not be reduced by the amount by which such person, his estate, or his personal representative has been or will be wholly or partially indemnified or compensated by a benefit paid as a result of a contract entered into and paid for by or on behalf of such person. The court shall enter judgment on such reduced amount. Source: L. 86: Entire section added, p. 679, § 3, effective July 1. Colorado Revised Statutes 2019 Page 243 of 584 Uncertified Printout 13-21-111.7. Assumption of risk - consideration by trier of fact. Assumption of a risk by a person shall be considered by the trier of fact in apportioning negligence pursuant to section 13-21-111. For the purposes of this section, a person assumes the risk of injury or damage if he voluntarily or unreasonably exposes himself to injury or damage with knowledge or appreciation of the danger and risk involved. In any trial to a jury in which the defense of assumption of risk is an issue for determination by the jury, the court shall instruct the jury on the elements as described in this section. Source: L. 86: Entire section added, p. 679, § 3, effective July 1. 13-21-111.8. Assumption of risk - shooting ranges. (1) Any person who engages in sport shooting activities at a qualifying sport shooting range, as defined under section 25-12-109 (2)(d), C.R.S., assumes the risk of injury or damage associated with sport shooting activities as set forth in section 13-21-111.7. (2) For purposes of this section, "engages in sport shooting activities" means entering and exiting a qualifying sport shooting range, preparing to shoot, waiting to shoot, shooting, or assisting another person in shooting at a qualifying sport shooting range. The term includes being a spectator at a qualifying sport shooting range and being present in the range for any reason. Source: L. 98: Entire section added, p. 242, § 2, effective April 13. 13-21-112. Ad damnum clauses in professional liability actions. In any professional liability action for damages, the ad damnum clause or prayer for damages in any pleading shall not recite any sum as alleged damages other than an allegation that damages are in excess of any minimum dollar amount necessary to establish the jurisdiction of the court. Source: L. 77: Entire section added, p. 803, § 1, effective May 26. 13-21-113. Donation of items of food - exemption from civil and criminal liability. (1) No farmer, retail food establishment, or processor, distributor, wholesaler, or retailer of food who donates items of food to a nonprofit organization for use or distribution in providing assistance to needy or poor persons nor any nonprofit organization in receipt of such gleaned or donated food who transfers said food to another nonprofit organization for use or distribution in providing assistance to needy or poor persons shall be liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of such donated foods; except that this exemption shall not apply to the willful, wanton, or reckless acts of donors which result in injury to recipients of such donated foods. For the purposes of this section, "retail food establishment" shall have the same meaning as set forth in section 25-4-1602 (14), C.R.S., and "nonprofit organization" means any organization which is exempt from the income tax imposed under article 22 of title 39, C.R.S.; except that the term "nonprofit organization" does not include organizations which sell or offer to sell such donated items of food. (2) Nothing in this section relieves any nonprofit organization that serves or provides food to needy persons for their consumption from any liability for any injury, including, but not Colorado Revised Statutes 2019 Page 244 of 584 Uncertified Printout limited to, injury resulting from ingesting donated foods, as a result of receiving, accepting, gathering, or removing any foods donated under this section; except that a nonprofit organization is not liable for any injury caused by donated food produced pursuant to the "Colorado Cottage Foods Act", section 25-4-1614, C.R.S., unless the nonprofit organization acted unreasonably. (3) Any nonprofit organization that receives any donated items of food pursuant to this section shall not sell or offer to sell any such donated items of food. This prohibition shall not affect the transfer of such donated items of gleaned or donated food between nonprofit organizations, without contemplation of remuneration, for ultimate disposition in accordance with the provisions of this section. (4) Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of such donated foods for human consumption. Source: L. 80: Entire section added, p. 513, § 1, effective April 6. L. 82: (1) and (3) amended, p. 291, § 1, effective April 2. L. 89: (1) amended, p. 758, § 1, effective April 10. L. 2000: (1) amended, p. 1844, § 23, effective August 2. L. 2012: (2) amended, (SB 12-048), ch. 16, p. 41, § 2, effective March 15. Cross references: For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 16, Session Laws of Colorado 2012. 13-21-113.3. Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration. (1) A fire department or other person or entity that donates surplus firefighting equipment to a fire department shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of such equipment; except that this exemption shall not apply to the grossly negligent, willful, wanton, or reckless acts of donors that result in injury to recipients of such equipment. (2) As used in this section: (a) "Fire department" has the meaning set forth in section 24-33.5-1202, C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S. (b) "Firefighting equipment" means any and all equipment designed for or typically used in the prevention and suppression of fire, the protection of firefighters, or the rescue and extrication of victims of fire or other emergencies, including without limitation hoses, fire trucks, rescue vehicles, extrication equipment, protective clothing, and breathing apparatus. (3) A fire department that receives donated firefighting equipment pursuant to this section shall not sell or offer to sell any such donated equipment. This prohibition shall not affect the transfer of such donated equipment, without contemplation of remuneration, between fire departments for future use. (4) Nothing in this section limits the authority of any appropriate agency to regulate, prohibit, or place conditions on the use of specific firefighting equipment. (5) The general assembly intends that the provisions of this section and of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., be read together and harmonized. If Colorado Revised Statutes 2019 Page 245 of 584 Uncertified Printout any provision of this section is construed to conflict with a provision of the "Colorado Governmental Immunity Act", the provision that grants the greatest immunity shall prevail. Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, § 2, effective June 3. L. 2015: (2)(a) amended, (HB 15-1017), ch. 3, p. 7, § 4, effective March 11. Cross references: In 2009, this section was added by the "Marc Mullinex Volunteer Firefighter Protection Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009. 13-21-113.5. Use of school or nonprofit organization kitchen - exemption from civil and criminal liability. A school or nonprofit organization that provides one or more community kitchens used by producers to bake or process goods for sale pursuant to the "Colorado Cottage Foods Act", section 25-4-1614, C.R.S., is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the use of its kitchens by producers preparing goods for direct sale to consumers, unless the school or nonprofit organization acted unreasonably. A school or nonprofit organization may require anyone using its kitchens for this purpose to show proof of liability insurance before using the kitchen. This section does not apply to an injury or death of the ultimate user of the product that results from an act or omission of the school or nonprofit organization constituting gross negligence or intentional misconduct. Source: L. 2012: Entire section added, (SB 12-048), ch. 16, p. 41, § 3, effective March 15. Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 16, Session Laws of Colorado 2012. 13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration. (1) A volunteer firefighter or volunteer who, in good faith, takes part in firefighting efforts or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency, any incident management team, and any person who, in good faith, commands, directs, employs, sponsors, or represents any such volunteer firefighter, volunteer, or incident management team shall not be liable for civil damages as a result of an act or omission by such volunteer firefighter, volunteer, incident management team, or other person in connection with the emergency; except that this exemption shall not apply to grossly negligent, willful, wanton, or reckless acts or omissions. (2) As used in this section: (a) "Emergency" means any incident to which a response by a fire department or incident management team is appropriate or requested, including, without limitation: (I) A fire, fire alarm response, motor vehicle accident, rescue call, or hazardous materials incident; (II) A natural or man-made disaster such as an earthquake, flood, or severe weather event; (III) A terrorist attack; or Colorado Revised Statutes 2019 Page 246 of 584 Uncertified Printout (IV) An outbreak of a harmful biological agent or infectious disease. (b) "Fire department" has the meaning set forth in section 24-33.5-1202, C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S. (c) "Incident management team" means an ad hoc or standing team of trained personnel from different departments, organizations, agencies, and jurisdictions activated to manage the logistical, fiscal, planning, operational, safety, and community issues related to an emergency or other incident. (c.5) "Volunteer" has the meaning as set forth in section 13-21-115.5. (d) "Volunteer firefighter" has the meaning set forth in section 31-30-1102, C.R.S., and includes volunteer firefighters of not-for-profit nongovernmental entities that are organized to provide firefighting services. (3) The general assembly intends that the provisions of this section and of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the "Colorado Governmental Immunity Act", the provision that grants the greatest immunity shall prevail. (4) Nothing in this section alters the protections set forth in section 12-315-117, 13-21108, 13-21-115.5, or 24-33.5-1505. Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, § 2, effective June 3. L. 2014: (1) amended and (2)(c.5) and (4) added, (SB 14-138), ch. 55, p. 252, § 1, effective March 21. L. 2015: (2)(b) amended, (HB 15-1017), ch. 3, p. 8, § 5, effective March 11. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1664, § 70, effective October 1. Editor's note: Subsection (2)(c.5) was numbered as (2)(e) in Senate Bill 14-138 but has been renumbered on revision for ease of location. Cross references: In 2009, this section was added by the "Marc Mullinex Volunteer Firefighter Protection Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009. 13-21-114. Immunity of mine rescue participants and their employers or organizations. No person engaged in mine rescue or recovery work who, in good faith, renders emergency care, rescue, assistance, or recovery services at the scene of any emergency at or in a mine in this state or who employs, sponsors, or represents any person rendering emergency care, rescue, assistance, or recovery services shall be liable for any civil damages as a result of any act or omission by any person in rendering emergency care, rescue, assistance, or recovery service. Source: L. 82: Entire section added, p. 293, § 1, effective April 23. 13-21-115. Actions against landowners. (1) For the purposes of this section, "landowner" includes, without limitation, an authorized agent or a person in possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property. Colorado Revised Statutes 2019 Page 247 of 584 Uncertified Printout (1.5) The general assembly hereby finds and declares: (a) That the provisions of this section were enacted in 1986 to promote a state policy of responsibility by both landowners and those upon the land as well as to assure that the ability of an injured party to recover is correlated with his status as a trespasser, licensee, or invitee; (b) That these objectives were characterized by the Colorado supreme court as "legitimate governmental interests" in Gallegos v. Phipps, No. 88 SA 141 (September 18, 1989); (c) That the purpose of amending this section in the 1990 legislative session is to assure that the language of this section effectuates these legitimate governmental interests by imposing on landowners a higher standard of care with respect to an invitee than a licensee, and a higher standard of care with respect to a licensee than a trespasser; (d) That the purpose of this section is also to create a legal climate which will promote private property rights and commercial enterprise and will foster the availability and affordability of insurance; (e) That the general assembly recognizes that by amending this section it is not reinstating the common law status categories as they existed immediately prior to Mile Hi Fence v. Radovich, 175 Colo. 537, 489 P.2d 308 (1971) but that its purpose is to protect landowners from liability in some circumstances when they were not protected at common law and to define the instances when liability will be imposed in the manner most consistent with the policies set forth in paragraphs (a), (c), and (d) of this subsection (1.5). (2) In any civil action brought against a landowner by a person who alleges injury occurring while on the real property of another and by reason of the condition of such property, or activities conducted or circumstances existing on such property, the landowner shall be liable only as provided in subsection (3) of this section. Sections 13-21-111, 13-21-111.5, and 13-21111.7 shall apply to an action to which this section applies. This subsection (2) shall not be construed to abrogate the doctrine of attractive nuisance as applied to persons under fourteen years of age. A person who is at least fourteen years of age but is less than eighteen years of age shall be presumed competent for purposes of the application of this section. (3) (a) A trespasser may recover only for damages willfully or deliberately caused by the landowner. (b) A licensee may recover only for damages caused: (I) By the landowner's unreasonable failure to exercise reasonable care with respect to dangers created by the landowner of which the landowner actually knew; or (II) By the landowner's unreasonable failure to warn of dangers not created by the landowner which are not ordinarily present on property of the type involved and of which the landowner actually knew. (c) (I) Except as otherwise provided in subparagraph (II) of this paragraph (c), an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known. (II) If the landowner's real property is classified for property tax purposes as agricultural land or vacant land, an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew. (3.5) It is the intent of the general assembly in enacting the provisions of subsection (3) of this section that the circumstances under which a licensee may recover include all of the circumstances under which a trespasser could recover and that the circumstances under which an Colorado Revised Statutes 2019 Page 248 of 584 Uncertified Printout invitee may recover include all of the circumstances under which a trespasser or a licensee could recover. (4) In any action to which this section applies, the judge shall determine whether the plaintiff is a trespasser, a licensee, or an invitee, in accordance with the definitions set forth in subsection (5) of this section. If two or more landowners are parties defendant to the action, the judge shall determine the application of this section to each such landowner. The issues of liability and damages in any such action shall be determined by the jury or, if there is no jury, by the judge. (5) As used in this section: (a) "Invitee" means a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner's express or implied representation that the public is requested, expected, or intended to enter or remain. (b) "Licensee" means a person who enters or remains on the land of another for the licensee's own convenience or to advance his own interests, pursuant to the landowner's permission or consent. "Licensee" includes a social guest. (c) "Trespasser" means a person who enters or remains on the land of another without the landowner's consent. (6) If any provision of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the section shall be deemed valid. Source: L. 86: Entire section added, p. 683, § 1, effective May 16. L. 90: (1.5), (3.5), (5), and (6) added and (3) and (4) amended, p. 867, § 1, effective April 20. L. 2006: (2) amended, p. 344, § 1, effective April 5. Editor's note: Subsections (5)(a) and (5)(c), as they were enacted in House Bill 90-1107, were relettered on revision in 2002 as (5)(c) and (5)(a), respectively. 13-21-115.5. Volunteer service act - immunity - exception for operation of motor vehicles. (1) This section shall be known and may be cited as the "Volunteer Service Act". (2) The general assembly finds and declares that: (a) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers; (b) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve as volunteers of nonprofit public and private organizations; (c) It is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give time and energy without compensation as a volunteer in service to the community without fear of personal liability for acts undertaken in good faith absent willful and wanton conduct on the part of the volunteer; and (d) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services. (3) As used in this section, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 249 of 584 Uncertified Printout (a) "Nonprofit corporation" means any corporation which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, or which is listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. The term includes a notfor-profit corporation. (b) "Nonprofit organization" means any organization which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, or which is listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended, and any homeowners association, as defined in and which is exempt from taxation pursuant to section 528 of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 528. (c) (I) "Volunteer" means a person performing services for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital without compensation, other than reimbursement for actual expenses incurred. The term excludes a volunteer serving as a director, officer, or trustee who shall be protected from civil liability in accordance with the provisions of sections 13-21-116 and 13-21-115.7. (II) "Volunteer" includes: (A) A licensed physician, a licensed physician assistant, and a licensed anesthesiologist assistant governed by article 240 of title 12 performing the practice of medicine, as defined in section 12-240-107, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (B) A licensed chiropractor governed by article 215 of title 12 performing chiropractic, as defined in section 12-215-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (C) A registered direct-entry midwife governed by article 225 of title 12 performing the practice of direct-entry midwifery, as defined in section 12-225-103 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (D) A licensed nurse governed by the "Nurse Practice Act", article 255 of title 12, performing the practice of practical nursing or the practice of professional nursing, as defined in section 12-255-104 (9) and (10), respectively, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (E) A registered advanced practice nurse governed by the "Nurse Practice Act", article 255 of title 12, performing nursing tasks within the scope of the person's nursing license and performing advanced practice under authority granted by the state board of nursing pursuant to sections 12-255-111 and 12-255-112 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (F) A licensed retired volunteer nurse governed by the provisions of article 255 of title 12 performing volunteer nursing tasks within the scope of the person's nursing license, as described in section 12-255-115, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (G) A certified nurse aide governed by the provisions of article 260 of title 12 performing the practice of a nurse aide, as defined in section 12-260-103 (7), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (H) A licensed nursing home administrator and registered nursing home administratorin-training governed by the provisions of article 265 of title 12 performing the practice of Colorado Revised Statutes 2019 Page 250 of 584 Uncertified Printout nursing home administration, as defined in section 12-265-103 (5), and the training of an administrator-in-training, as described in section 12-265-109, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (I) A licensed optometrist governed by the provisions of article 275 of title 12 performing the practice of optometry, as defined in section 12-275-103, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (J) A licensed physical therapist governed by the "Physical Therapy Practice Act", article 285 of title 12, performing physical therapy, as defined in section 12-285-104 (6), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (K) A licensed respiratory therapist governed by the "Respiratory Therapy Practice Act", article 300 of title 12, performing respiratory therapy, as defined in section 12-300-104 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (L) A licensed psychiatric technician governed by the provisions of article 295 of title 12 performing the practice as a psychiatric technician, as defined in section 12-295-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (M) A licensed psychologist governed by the provisions of article 245 of title 12 performing the practice of psychology, as defined in section 12-245-303, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (N) A licensed social worker and licensed clinical social worker governed by the provisions of article 245 of title 12 performing social work practice, as defined in section 12245-403, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (O) A licensed marriage and family therapist governed by the provisions of article 245 of title 12 performing marriage and family therapy practice, as defined in section 12-245-503, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (P) A licensed professional counselor governed by article 245 of title 12 practicing professional counseling as defined in section 12-245-603 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (Q) A licensed pharmacist governed by article 280 of title 12 performing the practice of pharmacy, as defined in section 12-280-103 (39), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital; (R) A licensed dentist or dental hygienist governed by article 220 of title 12 performing the practice of dentistry or dental hygiene, as defined in section 12-220-104 and as described in section 12-220-110, as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital; or a dentist or dental hygienist who holds a license in good standing from another state performing the practice of dentistry or dental hygiene, as defined in section 12-220-104 and as described in section 12-220-110, as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital pursuant to section 12-220112 (1)(j); and Colorado Revised Statutes 2019 Page 251 of 584 Uncertified Printout (S) A licensed or certified addiction counselor governed by article 245 of title 12 performing addiction counseling, as defined in section 12-245-803, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital. (III) The nonprofit organization, nonprofit corporation, governmental entity, or hospital for which a volunteer performs shall annually verify that the volunteer holds an unrestricted Colorado license, registration, or certification to practice his or her respective profession. (4) (a) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if: (I) The volunteer is immune from liability for the act or omission under the federal "Volunteer Protection Act of 1997", as from time to time may be amended, codified at 42 U.S.C. sec. 14501 et seq.; and (II) The damage or injury was not caused by misconduct or other circumstances that would preclude immunity for such volunteer under the federal law described in subparagraph (I) of this paragraph (a). (III) (Deleted by amendment, L. 2006, p. 531, § 1, effective July 1, 2006.) (b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b), nothing in this section shall be construed to bar any cause of action against a nonprofit organization, nonprofit corporation, governmental entity, or hospital or change the liability otherwise provided by law of a nonprofit organization, nonprofit corporation, governmental entity, or hospital arising out of an act or omission of a volunteer exempt from liability for negligence under this section. (II) A nonprofit organization, nonprofit corporation, governmental entity, or hospital that is formed for the sole purpose of facilitating the volunteer provision of health care shall be immune from liability arising out of an act or omission of a volunteer who is immune from liability under this subsection (4). (5) Notwithstanding the provisions of subsection (4) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; except that the amount recovered from such volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances. However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident. Source: L. 92: Entire section added, p. 278, § 1, effective July 1. L. 99: (3)(c) and (4)(a) amended, p. 399, § 1, effective April 22. L. 2006: (3)(c), (4)(a), and (4)(b) amended, p. 531, § 1, effective July 1. L. 2007: (4)(a)(I) amended, p. 2025, § 26, effective June 1; (3)(c)(II)(R) amended, p. 691, § 2, effective August 3. L. 2008: (3)(c)(II)(S) added, p. 426, § 26, effective August 5. L. 2009: (3)(c)(II)(B) amended, (SB 09-167), ch. 366, p. 1924, § 11, effective June 1. L. 2011: (3)(c)(II)(C) amended, (SB 11-088), ch. 283, p. 1269, § 14, effective July 1; (3)(c)(II)(P) and (3)(c)(II)(S) amended, (SB 11-187), ch. 285, p. 1326, § 67, effective July 1. L. 2012: (3)(c)(II)(Q) amended, (HB 12-1311), ch. 281, p. 1617, § 34, effective July 1; (3)(c)(II)(A) amended, (HB 12-1332), ch. 238, p. 1059, § 14, effective August 8. L. 2019: (3)(c)(II) amended, (HB 19-1172), ch. 136, p. 1664, § 71, effective October 1. Colorado Revised Statutes 2019 Page 252 of 584 Uncertified Printout 13-21-115.6. Immunity from civil liability for school crossing guards and sponsors. (1) As used in this section: (a) "School crossing guard" means any person eighteen years of age and older acting with or without compensation who supervises, directs, monitors, or otherwise assists school children at a street or intersection. (b) "School crossing guard sponsor" means any governmental agency or subdivision, including but not limited to any county, city, city and county, town, or school district, and any individual, volunteer group, club, or nonprofit corporation that sponsors, organizes, or provides for school crossing guards. (2) Any school crossing guard and any school crossing guard sponsor shall be immune from civil liability for any act or omission that results in damage or injury if the school crossing guard was acting within the scope of such person's official functions and duties as a school crossing guard unless the damage or injury was caused by a willful and wanton act or omission of the school crossing guard. (3) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S. Source: L. 96: Entire section added, p. 1593, § 1, effective June 3. 13-21-115.7. Immunity from civil liability for directors, officers, or trustees nonprofit corporations or nonprofit organizations. (1) As used in this section, unless the context otherwise requires: (a) "Nonprofit corporation" means any corporation which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation. The term includes a public hospital certified pursuant to section 25-1.5-103 (1)(a), C.R.S. (b) "Nonprofit organization" means any organization which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. (2) In addition to the provisions of section 13-21-116 (2)(b), on and after April 23, 1992, any person who serves as a director, officer, or trustee of a nonprofit corporation or nonprofit organization and who is not compensated for serving as a director, officer, or trustee on a salary or prorated equivalent basis shall be immune from civil liability for any act or omission which results in damage or injury if such person was acting within the scope of such person's official functions and duties as a director, officer, or trustee unless such damage or injury was caused by the willful and wanton act or omission of such director, officer, or trustee. (3) Nothing in this section shall be construed to establish, diminish, or abrogate any duties that a director, officer, or trustee of a nonprofit corporation or nonprofit organization has to the nonprofit corporation or nonprofit organization for which the director, officer, or trustee serves. Colorado Revised Statutes 2019 Page 253 of 584 Uncertified Printout (4) For purposes of this section, a director, officer, or trustee shall not be considered compensated solely by reason of: (a) The payment of such person's actual expenses incurred in attending meetings or in executing such office; (b) The receipt of meals at meetings; or (c) The receipt of gifts up to but not exceeding a total value of one thousand dollars in any twelve consecutive months. (5) The individual immunity granted by subsection (2) of this section shall not extend to any act or omission of such director, officer, or trustee which results in damage or injury caused by such director, officer, or trustee during the operation of any motor vehicle, airplane, or boat. Source: L. 92: Entire section added, p. 296, § 2, effective April 23. L. 2003: (1)(a) amended, p. 703, § 21, effective July 1. 13-21-116. Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons. (1) It is the intent of the general assembly to encourage the provision of services or assistance by persons on a voluntary basis to enhance the public safety rather than to allow judicial decisions to establish precedents which discourage such services or assistance to the detriment of public safety. (2) (a) To encourage the provision of services or assistance by persons on a voluntary basis, a person shall not be deemed to have assumed a duty of care where none otherwise existed when he performs a service or an act of assistance, without compensation or expectation of compensation, for the benefit of another person, or adopts or enforces a policy or a regulation to protect another person's health or safety. Such person providing such services or assistance or adopting or enforcing such a policy or regulation shall not be liable for any civil damages for acts or omissions in good faith. Such performance of a service or an act of assistance for the benefit of another person or adoption or enforcement of a policy or regulation for the protection of another person's health or safety shall not create any duty of care with respect to a third person, nor shall it create a duty for any person to perform such a service or an act of assistance nor to adopt or enforce such a policy or regulation. (b) (I) No member of the board of directors of a nonprofit corporation or nonprofit organization shall be held liable for actions taken or omissions made in the performance of his or her duties as a board member except for wanton and willful acts or omissions. For purposes of this paragraph (b), "the board of directors of a nonprofit corporation or nonprofit organization" shall include, but not be limited to, the board of directors of a public hospital certified pursuant to section 25-1.5-103 (1)(a), C.R.S. (II) For purposes of this paragraph (b), unless the context otherwise requires: (A) "Nonprofit corporation" means any corporation which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation. (B) "Nonprofit organization" means any organization which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), Colorado Revised Statutes 2019 Page 254 of 584 Uncertified Printout as amended, and listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. (2.5) (a) No person who performs a service or an act of assistance, without compensation or expectation of compensation, as a leader, assistant, teacher, coach, or trainer for any program, organization, association, service group, educational, social, or recreational group, or nonprofit corporation serving young persons or providing sporting programs or activities for young persons shall be held liable for actions taken or omissions made in the performance of his duties except for wanton and willful acts or omissions; except that such immunity from liability shall not extend to protect such person from liability for acts or omissions which harm third persons. (b) For the purposes of this subsection (2.5), "young persons" means persons who are eighteen years of age or younger. (3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitations of liability otherwise provided by law. (4) As used in this section, "person" means an individual, corporation, partnership, or association. Source: L. 86: Entire section added, p. 685, § 1, effective July 1. L. 87: (2.5) added, p. 553, § 1, effective April 30; (2)(b) amended, p. 372, § 17, effective May 20. L. 92: (2) amended, p. 295, § 1, effective April 23. L. 2003: (2)(b)(I) amended, p. 704, § 22, effective July 1. 13-21-117. Civil liability - mental health providers - duty to warn - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Mental health provider" means a physician, social worker, psychiatric nurse, psychologist, or other mental health professional, or a mental health hospital, community mental health center or clinic, institution, or their staff. (b) "Psychiatric nurse" means a registered professional nurse as defined in section 12255-104 (11) who, by virtue of postgraduate education and additional nursing preparation, has gained knowledge, judgment, and skill in psychiatric or mental health nursing. (2) (a) A mental health provider is not liable for damages in any civil action for failure to warn or protect a specific person or persons, including those identifiable by their association with a specific location or entity, against the violent behavior of a person receiving treatment from the mental health provider, and any such mental health provider must not be held civilly liable for failure to predict such violent behavior except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons, including those identifiable by their association with a specific location or entity. (b) When there is a duty to warn and protect under the provisions of paragraph (a) of this subsection (2), the mental health provider shall make reasonable and timely efforts to notify the person or persons, or the person or persons responsible for a specific location or entity, that is specifically threatened, as well as to notify an appropriate law enforcement agency or to take other appropriate action, including but not limited to hospitalizing the patient. A mental health provider is not liable for damages in any civil action for warning a specific person or persons, or a person or persons responsible for a specific location or entity, against or predicting the violent behavior of a person receiving treatment from the mental health provider. Colorado Revised Statutes 2019 Page 255 of 584 Uncertified Printout (c) A mental health provider must not be subject to professional discipline when there is a duty to warn and protect pursuant to this section. (3) The provisions of this section do not apply to the negligent release of a patient from any mental health hospital or ward or to the negligent failure to initiate involuntary seventy-twohour treatment and evaluation after a personal patient evaluation determining that the person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be an imminent danger to others. Source: L. 86: Entire section added, p. 687, § 1, effective May 22. L. 2006: Entire section amended, p. 1396, § 37, effective August 7. L. 2014: Entire section R&RE, (HB 141271), ch. 109, p. 398, § 1, effective April 7. L. 2018: (3) amended, (SB 18-091), ch. 35, p. 384, § 13, effective August 8. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1666, § 72, effective October 1. Cross references: For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 13-21-117.5. Civil liability - intellectual and developmental disability service providers - definitions. (1) Legislative declaration. (a) In recognition of the varied, extensive, and substantial needs of persons with developmental disabilities, the general assembly hereby finds and declares that the purposes of this section are: (I) To reaffirm the high value Colorado places on the rights of persons with developmental disabilities to receive services and supports that enable them to live in integrated community settings, to participate fully in community life, and to exercise choice and selfdirection in their lives; (II) To recognize that there are inherent risks in such integration, participation, and selfdirection due to the cognitive limitations experienced by persons with developmental disabilities; (III) To recognize that providers to such persons are exposed to risk of liability when they assist or permit persons with developmental disabilities to experience community integration, participation, and self-direction; (IV) To recognize that providers provide essential services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential services; (V) To recognize that providers should be provided with protection from unlimited liability so that providers are not discouraged from providing such services and functions. (b) The general assembly, therefore, declares that it is the intent of the general assembly to mitigate the risk of liability to providers to the developmentally disabled to the extent that such mitigation is reasonable and possible. (2) Definitions. As used in this section, unless the context otherwise requires: (a) "Case management agency" has the same meaning as set forth in section 25.5-10-202 (1.9). (a.5) "Community-centered board" has the same meaning as set forth in section 25.5-10202 (4). (b) "Department" means the department of human services. Colorado Revised Statutes 2019 Page 256 of 584 Uncertified Printout (c) "Developmental disability" has the same meaning as "intellectual and developmental disability" as defined in section 25.5-10-202, C.R.S. (d) "Family caregiver" has the same meaning as set forth in section 25.5-10-202 (17). (e) "Host home" means a private home that houses up to three persons with intellectual and developmental disabilities and whose owner or renter provides residential services, as described in section 25.5-10-206 (1)(e), C.R.S., to those persons as an independent contractor of a community-centered board or service agency. (f) "Provider" means any community-centered board, case management agency, service agency, host home, family caregiver, and the directors, officers, and employees of these entities, who provide services or supports to persons with developmental disabilities pursuant to article 10 of title 25.5 or article 10.5 of title 27. (g) "Service agency" means a privately operated program-approved service agency designated pursuant to the rules of the department or the rules of the department of health care policy and financing. (3) A person filing an action against a provider for injury which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant shall demonstrate liability by a preponderance of the evidence. If a provider raises the issue that a claimant cannot demonstrate liability by a preponderance of the evidence or raises any other limitation on liability pursuant to this section prior to or after the commencement of discovery, the court shall suspend discovery, except any discovery necessary to decide the issue of limitation of liability, and shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal. (4) Duty of care. The performance of a service or an act of assistance for the benefit of a person with a developmental disability or adoption or enforcement of a policy, procedure, guideline, or practice for the protection of any such person's health or safety by a provider does not create any duty of care with respect to a third person, nor does it create a duty for any provider to perform or sustain such a service or an act of assistance nor to adopt or enforce such a policy, procedure, guideline, or practice; however, nothing in this section shall be construed to relieve a provider of a duty of care expressly imposed by federal or state law, department rule, or department of health care policy and financing rule, nor shall anything in this section be deemed to create any duty of care. (5) No action in tort under this section may be maintained on behalf of, for, or by a person with a developmental disability or by a family member of a person with a developmental disability against a provider unless that person claiming to have suffered an injury or grievance or that person's guardian or representative has filed for dispute resolution or other applicable intervention, if any, by the department, department of health care policy and financing, case management agency, or community-centered board pursuant to rules promulgated under article 10 of title 25.5 or article 10.5 of title 27 within one year after the date of the discovery of the injury or grievance, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury or grievance. Compliance with the provisions of this subsection (5), documented by a letter from the department or the department of health care policy and financing certifying that any and all such interventions and dispute resolution procedures, with either the department, department of health care policy and financing, case management agency, or community-centered board, applicable to the matter at hand have been exhausted, or by submission of evidence that such an intervention or dispute resolution request Colorado Revised Statutes 2019 Page 257 of 584 Uncertified Printout has been filed and no action has been taken by the department or the department of health care policy and financing within ninety days, is a jurisdictional prerequisite to any action brought under the provisions of this section, and failure of compliance forever bars any such action and must result in a dismissal of any claim with prejudice. Certification by the department or the department of health care policy and financing that all applicable interventions and dispute resolution procedures have been exhausted shall not result in such department becoming a party to the tort claim action. (6) A provider shall not be liable for damages in any civil action for failure to warn or protect any person against the violent, assaultive, disorderly, or harassing behavior of a person with a developmental disability, nor shall any such provider be held civilly liable for failure to predict or prevent such behavior, except there shall be a duty to warn where the person with the developmental disability has communicated to the provider a serious and credible threat of imminent physical violence and serious bodily injury against a specific person or persons. If there is a duty to warn as specified in this subsection (6), the duty shall be discharged by the provider making reasonable and timely efforts to notify any person or persons specifically threatened, except that if the person or persons threatened with imminent physical violence and serious bodily injury is a person with a developmental disability under the care of a provider, the provider shall take reasonable action to protect such person from serious bodily injury until the threat can reasonably be deemed to have abated. A provider shall not be liable for damages in any civil action for warning a person against or predicting violent, assaultive, disorderly, or harassing behavior of a person with a developmental disability, nor shall a provider be subject to professional discipline for such warning or prediction. (7) The owner of a property leased by a provider for the purpose of providing services pursuant to article 10 of title 25.5 or article 10.5 of title 27 is not responsible for the provision or monitoring of such services. (8) If a person with a developmental disability residing in a residential program operated by the department or the department of health care policy and financing is referred by such department for community placement, the provider is not subject to civil liability for accepting that person for community placement. (9) Claims predicated on an alleged deceptive trade practice pursuant to article 1 of title 6 shall not apply to providers engaged in the provision of services pursuant to article 10 of title 25.5 or article 10.5 of title 27. (10) Community-centered boards, case management agencies, and service agencies shall have the authority to move a person with a developmental disability from any residential setting that they operate or for which they contract, directly or indirectly, if the community-centered board, case management agency, or service agency believes that the person with a developmental disability may be at risk of abuse, neglect, mistreatment, exploitation, or other harm in such setting. If a person is moved for one of the aforementioned reasons, the personcentered planning required by this subsection (10) must occur as soon as possible following the move. In the absence of willful and wanton acts or omissions, community-centered boards, case management agencies, and service agencies have no civil liability for exercising such authority or for termination of any related contracts if such risk is substantiated by investigation pursuant to the rules of the department or the rules of the department of health care policy and financing. (11) In the absence of willful and wanton acts or omissions, a provider shall not have civil liability for injurious consequences to a person with a developmental disability in the Colorado Revised Statutes 2019 Page 258 of 584 Uncertified Printout provider's care when that person having the legal capacity for such decisions at the time such decisions were made, or the person's guardian or other person or entity duly authorized to make medication or treatment decisions for the person, declines or obstructs the administration of prescribed medication or other treatment recommended by a licensed physician, licensed psychologist, or certified therapist. (12) When a person with a developmental disability who has the legal capacity to make decisions, or that person's guardian, refuses to comply with restrictions established pursuant to an interdisciplinary team process that are designed to safeguard the health and safety of the person or others, and it can be shown that a provider has made reasonable efforts to secure such compliance from the person or has taken other reasonable actions to safeguard the person or others, a provider of services shall not have civil liability for injuries or damages to the person with a developmental disability that may arise from the refusal by the person with a developmental disability, or that person's guardian, to comply with such restrictions. Source: L. 92: Entire section added, p. 1396, § 53, effective July 1. L. 2003: Entire section R, p. 1963, § 1, effective May 22. L. 2013: (2)(a), (2)(c), and (2)(e) amended, (HB 131314), ch. 323, p. 1802, §23, effective March 1, 2014. L. 2018: (2)(a), (2)(d), (2)(f), (2)(g), (4), (5), (7), (8), (9), and (10) amended and (2)(a.5) added, (SB 18-174), ch. 148, p. 937, § 1, effective April 23. 13-21-117.7. Civil actions against family foster care providers - limited liability. (1) A foster care provider shall be immune from civil liability for any acts or omissions committed by a foster child in his or her care, unless a court of competent jurisdiction determines that acts or omissions on the part of the foster care provider were negligent and that such foster care provider's acts or omissions were a cause of injuries, damages, or losses. (2) If a plaintiff in a civil liability action described in subsection (1) of this section is a biological or adoptive parent or other relative of the foster child and such plaintiff is successful against the foster care provider for any actions or omissions regarding foster care, any monetary compensation received by the plaintiff as a result of the civil action shall be deposited in a trust account at a federally licensed and insured financial institution to be held in trust for the benefit of the foster care child. The amount so deposited shall be subject to the jurisdiction and oversight of the court having probate jurisdiction. (3) For purposes of this section, "foster care provider" means a foster care parent or a family member living in a foster care home who provides care to one or more foster children in that home. Source: L. 2000: Entire section added, p. 1403, § 1, effective May 30. 13-21-118. Actions based on flight in aircraft. No cause of action at law or in equity based upon flight in aircraft over lands or waters of this state shall be maintained unless other than nominal damages result therefrom or unless irreparable damage will probably result therefrom. Source: L. 88: Entire section added, p. 1094, § 12, effective January 1, 1989. Colorado Revised Statutes 2019 Page 259 of 584 Uncertified Printout 13-21-119. Equine activities - llama activities - legislative declaration - exemption from civil liability. (1) The general assembly recognizes that persons who participate in equine activities or llama activities may incur injuries as a result of the risks involved in such activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. It is, therefore, the intent of the general assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities. (2) As used in this section, unless the context otherwise requires: (a) "Engages in a llama activity" means riding, training, assisting in medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted or any person assisting a participant or show management. The term "engages in a llama activity" does not include being a spectator at a llama activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the llama activity. (a.5) "Engages in an equine activity" means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the equine activity. (b) "Equine" means a horse, pony, mule, donkey, or hinny. (c) "Equine activity" means: (I) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting; (II) Equine training or teaching activities or both; (III) Boarding equines; (IV) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (V) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; and (VI) Placing or replacing horseshoes on an equine. (d) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (e) "Equine professional" means a person engaged for compensation: (I) In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; or (II) In renting equipment or tack to a participant. Colorado Revised Statutes 2019 Page 260 of 584 Uncertified Printout (f) "Inherent risks of equine activities" and "inherent risks of llama activities" means those dangers or conditions which are an integral part of equine activities or llama activities, as the case may be, including, but not limited to: (I) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (II) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (III) Certain hazards such as surface and subsurface conditions; (IV) Collisions with other animals or objects; (V) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (f.1) "Llama" means a South American camelid which is an animal of the genus lama, commonly referred to as a "one llama", including llamas, alpacas, guanacos, and vicunas. (f.2) "Llama activity" means: (I) Llama shows, fairs, competitions, performances, packing events, or parades that involve any or all breeds of llamas; (II) Using llamas to pull carts or to carry packs or other items; (III) Using llamas to pull travois-type carriers during rescue or emergency situations; (IV) Llama training or teaching activities or both; (V) Taking llamas on public relations trips or visits to schools or nursing homes; (VI) Participating in commercial packing trips in which participants pay a llama professional to be a guide on a hike leading llamas; (VII) Boarding llamas; (VIII) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama; (IX) Using llamas in wool production; (X) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor; and (XI) Trimming the nails of a llama. (f.3) "Llama activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, a llama activity, including but not limited to: Llama clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of llama facilities, including but not limited to stables, clubhouses, fairs, and arenas at which the activity is held. (f.4) "Llama professional" means a person engaged for compensation: (I) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama; or (II) In renting equipment or tack to a participant. (g) "Participant" means any person, whether amateur or professional, who engages in an equine activity or who engages in a llama activity, whether or not a fee is paid to participate in such activity. Colorado Revised Statutes 2019 Page 261 of 584 Uncertified Printout (3) Except as provided in subsection (4) of this section, an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, a doctor of veterinary medicine, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities, or from the inherent risks of llama activities and, except as provided in subsection (4) of this section, no participant nor participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, a doctor of veterinary medicine, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities or resulting from any of the inherent risks of llama activities. (4) (a) This section shall not apply to the horse racing industry as regulated in article 32 of title 44. (b) Nothing in subsection (3) of this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person if the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person: (I) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or (B) Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or llama activity and determine the ability of the participant to safely manage the particular animal based on the participant's representations of his ability; (II) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted; (III) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; (IV) Intentionally injures the participant. (c) Nothing in subsection (3) of this section shall prevent or limit the liability of an equine activity sponsor, equine professional, llama activity sponsor, or llama professional: (I) Under liability provisions as set forth in the products liability laws; or (II) Under liability provisions in section 35-46-102, C.R.S. (5) (a) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (5). Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if such stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in paragraph (b) of this subsection (5) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in paragraph (b) of this subsection (5). Colorado Revised Statutes 2019 Page 262 of 584 Uncertified Printout (b) The signs and contracts described in paragraph (a) of this subsection (5) shall contain the following warning notice: WARNING Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. (6) (a) Every llama professional shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (6). Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional conducts llama activities if such stables, corrals, pens, or arenas are owned, managed, or controlled by the llama professional. The warning notice specified in paragraph (b) of this subsection (6) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on or off the location or site of the llama professional's business, shall contain in clearly readable print the warning notice specified in paragraph (b) of this subsection (6). (b) The signs and contracts described in paragraph (a) of this subsection (6) shall contain the following warning notice: WARNING Under Colorado Law, a llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of llama activities, pursuant to section 13-21-119, Colorado Revised Statutes. Source: L. 90: Entire section added, p. 870, § 1, effective July 1. L. 92: Entire section amended, p. 283, § 1, effective March 16; (3) amended, p. 268, § 1, effective April 9. L. 2018: (4)(a) amended, (HB 18-1024), ch. 26, p. 322, § 9, effective October 1. Editor's note: (1) This section was enacted by Senate Bill 90-84, Session Laws of Colorado 1990, chapter 108, as § 13-21-120 but was renumbered on revision for ease of location. (2) Amendments to this section by House Bill 92-1064 and Senate Bill 92-58 were harmonized. 13-21-120. Colorado baseball spectator safety act - legislative declaration limitation on actions - duty to post warning notice. (1) This section shall be known and may be cited as the "Colorado Baseball Spectator Safety Act of 1993". (2) The general assembly recognizes that persons who attend professional baseball games may incur injuries as a result of the risks involved in being a spectator at such baseball games. However, the general assembly also finds that attendance at such professional baseball games provides a wholesome and healthy family activity which should be encouraged. The general assembly further finds that the state will derive economic benefit from spectators attending professional baseball games. It is therefore the intent of the general assembly to encourage attendance at professional baseball games. Limiting the civil liability of those who Colorado Revised Statutes 2019 Page 263 of 584 Uncertified Printout own professional baseball teams and those who own stadiums where professional baseball games are played will help contain costs, keeping ticket prices more affordable. (3) As used in this section, unless the context otherwise requires: (a) "Owner" means a person, including a corporation, partnership, or limited liability company, who is in lawful possession and control of a professional baseball team or a person, including a corporation, partnership, or limited liability company, who is in lawful possession and control of a stadium in which a professional baseball game is played. "Owner" shall also include the owner's shareholders, partners, directors, officers, employees, and agents. (b) "Professional baseball game" means any baseball game, whether for exhibition or competition, in which the participating baseball teams are members of a league of professional baseball clubs, commonly known as a major league or a minor league, and which teams are comprised of paid baseball players. "Professional baseball game" shall also include pregame activities and shall include any baseball game or pregame activity regardless of the time of day when the game is played. (c) "Spectator" means a person who is present at a professional baseball game for the purpose of observing such game, whether or not a fee is paid by such "spectator". (4) (a) Spectators of professional baseball games are presumed to have knowledge of and to assume the inherent risks of observing professional baseball games, insofar as those risks are obvious and necessary. These risks include, but are not limited to, injuries which result from being struck by a baseball or a baseball bat. (b) Except as provided in subsection (5) of this section, the assumption of risk set forth in this subsection (4) shall be a complete bar to suit and shall serve as a complete defense to a suit against an owner by a spectator for injuries resulting from the assumed risks, notwithstanding the provisions of sections 13-21-111 and 13-21-111.5. Except as provided in subsection (5) of this section, an owner shall not be liable for an injury to a spectator resulting from the inherent risks of attending a professional baseball game, and, except as provided in subsection (5) of this section, no spectator nor spectator's representative shall make any claim against, maintain an action against, or recover from an owner for injury, loss, or damage to the spectator resulting from any of the inherent risks of attending a professional baseball game. (c) Nothing in this section shall preclude a spectator from suing another spectator for any injury to person or property resulting from such other spectator's acts or omissions. (5) Nothing in subsection (4) of this section shall prevent or limit the liability of an owner who: (a) Fails to make a reasonable and prudent effort to design, alter, and maintain the premises of the stadium in reasonably safe condition relative to the nature of the game of baseball; (b) Intentionally injures a spectator; or (c) Fails to post and maintain the warning signs required pursuant to subsection (6) of this section. (6) (a) Every owner of a stadium where professional baseball games are played shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (6). Such signs shall be placed in conspicuous places at the entrances outside the stadium and at stadium facilities where tickets to professional baseball games are sold. The warning notice specified in paragraph (b) of this subsection (6) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Colorado Revised Statutes 2019 Page 264 of 584 Uncertified Printout (b) The signs described in paragraph (a) of this subsection (6) shall contain the following warning notice: WARNING UNDER COLORADO LAW, A SPECTATOR OF PROFESSIONAL BASEBALL ASSUMES THE RISK OF ANY INJURY TO PERSON OR PROPERTY RESULTING FROM ANY OF THE INHERENT DANGERS AND RISKS OF SUCH ACTIVITY AND MAY NOT RECOVER FROM AN OWNER OF A BASEBALL TEAM OR AN OWNER OF A STADIUM WHERE PROFESSIONAL BASEBALL IS PLAYED FOR INJURY RESULTING FROM THE INHERENT DANGERS AND RISKS OF OBSERVING PROFESSIONAL BASEBALL, INCLUDING BUT NOT LIMITED TO, BEING STRUCK BY A BASEBALL OR A BASEBALL BAT. (7) Insofar as any provision of law or statute is inconsistent with the provisions of this section, this section shall control. Source: L. 93: Entire section added, p. 2043, § 1, effective January 1, 1994. 13-21-121. Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions. (1) The general assembly recognizes that persons who participate in certain agricultural recreation or agritourism activities may incur injuries as a result of the inherent risks involved with these activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage these activities by limiting the civil liability of certain persons involved in providing the opportunity to participate in these activities. (2) As used in this section, unless the context otherwise requires: (a) "Activity instructor or equipment provider" means an individual, facility person, group, club, association, partnership, or corporation, whether or not engaged for compensation, that instructs a participant or that rents, sells, or otherwise provides equipment to a participant for the purpose of engaging in an agricultural recreation or agritourism activity. (b) [Editor's note: This version of subsection (2)(b) is effective until January 1, 2020.] "Agricultural recreation or agritourism activity" means an activity related to the normal course of agriculture, as defined in section 35-1-102 (1), which activity is engaged in by participants for entertainment, pleasure, or other recreational purposes, or for educational purposes, regardless of whether a fee is charged to the participants. "Agricultural recreation or agritourism activity" also means hunting, shooting, swimming, diving, tubing, and riding or operating a motorized recreational vehicle that occurs on or in proximity to the property of an agricultural operation or an adjacent roadway. "Agricultural recreation or agritourism activity" includes, but is not limited to, planting, cultivation, irrigation, or harvesting of crops; acceptable practices of animal husbandry; rodeo and livestock activities; and maintenance of farm or ranch equipment. "Agricultural recreation or agritourism activity" does not include any activity related to or associated with medical marijuana as defined in section 44-11-104 or retail marijuana as defined in section 44-12-103. (b) [Editor's note: This version of subsection (2)(b) is effective January 1, 2020.] "Agricultural recreation or agritourism activity" means an activity related to the normal course of Colorado Revised Statutes 2019 Page 265 of 584 Uncertified Printout agriculture, as defined in section 35-1-102 (1), which activity is engaged in by participants for entertainment, pleasure, or other recreational purposes, or for educational purposes, regardless of whether a fee is charged to the participants. "Agricultural recreation or agritourism activity" also means hunting, shooting, swimming, diving, tubing, and riding or operating a motorized recreational vehicle that occurs on or in proximity to the property of an agricultural operation or an adjacent roadway. "Agricultural recreation or agritourism activity" includes, but is not limited to, planting, cultivation, irrigation, or harvesting of crops; acceptable practices of animal husbandry; rodeo and livestock activities; and maintenance of farm or ranch equipment. "Agricultural recreation or agritourism activity" does not include any activity related to or associated with medical marijuana as defined in section 44-10-103 (34) or retail marijuana as defined in section 44-10-103 (57). (c) "Equipment" means a device used to engage in an agricultural recreation or agritourism activity. (d) "Facility" means a privately owned and operated farm, ranch, or a public property that is leased or rented and under the control of the person defined in paragraph (e) of this subsection (2) on which the opportunity to engage in one or more agricultural recreation or agritourism activities is offered to a participant, regardless of whether it is situated in an incorporated area or unincorporated area. (e) "Facility person" means a person who owns, leases, operates, manages, is an independent contractor to, or is employed at or who volunteers at a facility. For purposes of this paragraph (e) only, "person" includes any individual, corporation, partnership, association, cooperative, or commercial entity. (f) "Inherent risks of agricultural recreation or agritourism activities" means those dangers or conditions that are an integral part of such activities, including but not limited to: (I) The varied degrees of the skill and experience of the participants; (II) The nature of the activity, including but not limited to the equipment used and the location where the activity is conducted; (III) Certain hazards, such as ground conditions, surface grade, weather conditions, and animal behavior; (IV) Collisions with other persons or objects; (V) The types and the complexity of equipment used by the participants; (VI) Malfunctions with equipment used by the participants; (VII) The potential of a participant to act in a negligent manner that may contribute to injury incurred by the participant or others, such as imprudent showmanship, failing to maintain control over his or her equipment, or not acting within his or her ability. (g) "Participant" means a person who engages in an agricultural recreation or agritourism activity, whether or not a fee is paid to participate in the activity. (3) Except as provided in subsections (4) and (5) of this section, an activity instructor or equipment provider or facility person is not civilly liable for any property damage or damages for injury to or the death of a participant resulting from the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility. A participant expressly assumes the risk and legal responsibility for any property damage or damages arising from personal injury or death that results from the inherent risk of agricultural recreation or agritourism activities. A participant has the sole responsibility for knowing the range of that person's ability to participate in an agricultural recreation or agritourism activity. It is the duty of Colorado Revised Statutes 2019 Page 266 of 584 Uncertified Printout a participant to act within the limits of the participant's own ability, to heed all warnings, and to refrain from acting in a manner that may cause or contribute to the injury or death of any person or damage to any property. A participant or a participant's representative may not make any claim against, maintain an action against, or recover from an activity instructor or equipment provider or facility person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility. (4) (a) Nothing in subsection (3) of this section shall prevent or limit the liability of an activity instructor or equipment provider or facility person if the activity instructor or equipment provider or facility person: (I) Rented, sold, or otherwise provided equipment to a participant, and knew that the equipment was faulty, and such equipment was faulty to the extent that it caused the injury; (II) Committed an act or omission that constituted gross negligence or willful or wanton disregard for the safety of the participant and the act or omission was the cause of the injury; or (III) Intentionally injured the participant. (b) Nothing in subsection (3) of this section shall prevent or limit the liability of an activity instructor or equipment provider or facility person under liability provisions set forth in the product liability laws. (c) A participant is not precluded under this section from suing and recovering from another participant for injury to person or property resulting from the other participant's act or omission. Notwithstanding any provision of law to the contrary, the risk of injury from another participant shall not be considered an inherent risk or a risk assumed by a participant in an action by the participant against another participant. (5) (a) The operator of a facility shall: (I) Exercise reasonable care to protect against dangers of which he or she actually knew; or (II) Give warning of any dangers that are ordinarily present on the property. (b) (I) The operator of a facility may provide notice of the inherent risks of agricultural recreation or agritourism activities either by a statement signed by the participant or a sign or signs prominently displayed at the place or places where the agricultural recreation or agritourism activities take place. The statement or sign must set forth the following warning notice: WARNING UNDER COLORADO LAW, THERE IS NO LIABILITY FOR THE DEATH OF OR INJURY TO A PARTICIPANT IN AN AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY, PURSUANT TO SECTION 13-21-121, COLORADO REVISED STATUTES. (II) The text on the sign must be in black letters at least one inch in height. Source: L. 2003: Entire section added, p. 1742, § 1, effective July 1. L. 2014: Entire section amended, (HB 14-1280), ch. 354, p. 1649, § 1, effective July 1. L. 2018: (2)(b) amended, Colorado Revised Statutes 2019 Page 267 of 584 Uncertified Printout (HB 18-1023), ch. 55, p. 585, § 8, effective October 1. L. 2019: (2)(b) amended, (SB 19-224), ch. 315, p. 2936, § 12, effective January 1, 2020. 13-21-122. Civil liability for unlawful use of personal identifying information. (1) Notwithstanding any other remedies provided under this article, a person who suffers damages as a result of a crime described in article 5 of title 18, C.R.S., in which personal identifying information was used in the commission of the crime, shall have a private civil right of action against the perpetrator who committed the crime, regardless of whether the perpetrator was convicted of the crime. In such action, the plaintiff shall be entitled to actual damages, including, but not limited to damage to reputation or credit rating, punitive damages, and attorney fees and costs. (2) For purposes of this section, "personal identifying information" means any information that may be used, alone or in conjunction with any other information, to identify a specific individual, including but not limited to: Name; date of birth; social security number; personal identification number; password; pass code; official state-issued or government-issued driver's license or identification card number; government passport number; biometric data; employer, student, or military identification number; or financial transaction device as defined in section 18-5-701 (3), C.R.S. Source: L. 2004: Entire section added, p. 658, § 2, effective July 1. 13-21-122.5. Civil liability for trading in telephone records. (1) In addition to any other remedies provided under this article, a person who suffers damages as a result of a violation of section 18-13-125, C.R.S., shall have a private civil right of action against the perpetrator who committed the crime, regardless of whether the perpetrator was convicted of the crime. In such action, the plaintiff shall be entitled to actual damages, including, but not limited to, damage to reputation or credit rating, punitive damages, and attorney fees and costs. If such damages are less than five thousand dollars per telephone record, the plaintiff shall be entitled to statutory damages of five thousand dollars per telephone record procured, bought, sold, possessed, or received in violation of section 18-13-125, C.R.S. (2) No telecommunications provider shall be liable for damages in a claim based, in whole or in part, on acts of third parties that violate section 18-13-125, C.R.S. (3) This section shall not be construed to create a new duty or expand the existing duty of a telecommunications provider to protect telephone records beyond those otherwise established by Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission. (4) This section shall not apply to a telecommunications provider or its agents or representatives who reasonably and in good faith act pursuant to Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission, notwithstanding a later determination that the act was not authorized by such law. Source: L. 2006: Entire section added, p. 586, § 2, effective July 1. 13-21-123. Civil liability for newspaper theft. (Repealed) Colorado Revised Statutes 2019 Page 268 of 584 Uncertified Printout Source: L. 2004: Entire section added, p. 446, § 3, effective July 1. L. 2013: Entire section repealed, (HB 13-1160), ch. 373, p. 2199, § 7, effective June 5; entire section amended, (HB 13-1014), ch. 7, p. 18, § 3, effective August 7. 13-21-124. Civil actions against dog owners. (1) As used in this section, unless the context otherwise requires: (a) "Bodily injury" means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery. (b) "Dog" means any domesticated animal related to the fox, wolf, coyote, or jackal. (c) "Dog owner" means a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog. (d) "Serious bodily injury" has the same meaning as set forth in section 18-1-901 (3)(p), C.R.S. (2) A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities. (3) In any case described in subsection (2) of this section in which it is alleged and proved that the dog owner had knowledge or notice of the dog's viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner. (4) For purposes of this section, a person shall be deemed to be lawfully on public or private property if he or she is in the performance of a duty imposed upon him or her by local, state, or federal laws or regulations or if he or she is on property upon express or implied invitation of the owner of the property or is on his or her own property. (5) A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog: (a) While the person is unlawfully on public or private property; (b) While the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog"; (c) While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties; (d) As a result of the person knowingly provoking the dog; (e) If the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or (f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner. (6) Nothing in this section shall be construed to: Colorado Revised Statutes 2019 Page 269 of 584 Uncertified Printout (a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories; (b) Affect the provisions of any other criminal or civil statute governing the regulation of dogs; or (c) Abrogate any provision of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S. Source: L. 2004: Entire section added, p. 507, § 1, effective April 21. 13-21-125. Civil actions for theft in the mortgage lending process. A person who suffers damages as a result of a violation of section 18-4-401, C.R.S., in the mortgage lending process, as defined by section 18-4-401 (9)(e)(I), C.R.S., shall have a private civil right of action against the perpetrator, regardless of whether the perpetrator was convicted of the crime. A claim arising under this section shall not be asserted against a bona fide purchaser of a mortgage contract. Source: L. 2006: Entire section added, p. 1328, § 3, effective July 1. Cross references: For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 290, Session Laws of Colorado 2006. 13-21-126. Funeral picketing - legislative declaration - definitions - damages. (1) The general assembly finds and declares that: (a) One of the fundamental reasons we humans organize ourselves into societies is to ritually assist in and recognize the grieving process; (b) Funeral picketing disrupts that fundamental grieving process; (c) Funeral picketing intentionally inflicts severe emotional distress on the mourners; and (d) Full opportunity exists under the terms and provisions of this section for the exercise of freedom of speech and other constitutional rights other than at and during the funeral. (2) The general assembly, therefore, determines it is necessary to enact this section in order to: (a) Protect the privacy of the mourners during the funeral; and (b) Preserve a funeral-site atmosphere that enhances the grieving process. (3) As used in this section: (a) "Funeral" means the ceremonies, rituals, processions, and memorial services held in connection with the burial, cremation, or memorial of a deceased person, including the assembly and dispersal of the mourners. (b) "Funeral picketing" means a public demonstration at a funeral site during the funeral that is reasonably calculated to inflict severe emotional distress on the mourners. (c) "Funeral site" means a church, synagogue, mosque, funeral home, mortuary, gravesite, mausoleum, or other place where a funeral is being conducted. (d) "Mourner" means a member of the decedent's immediate family at the funeral. Colorado Revised Statutes 2019 Page 270 of 584 Uncertified Printout (4) It is unlawful for a person to knowingly engage in funeral picketing within one hundred feet of the funeral site or to engage in electronically amplified funeral picketing within one hundred fifty feet of the funeral site. (5) (a) Each mourner shall be entitled to recover reasonable damages, but not less than one thousand dollars, together with reasonable attorney fees and costs from each person who violates subsection (4) of this section. (b) The court shall impose joint and several liability on any person who: (I) Violates subsection (4) of this section by acting in concert with one or more other persons; or (II) Consciously conspires with one or more other persons and deliberately pursues a common plan or design to commit a violation of subsection (4) of this section. Source: L. 2006: Entire section added, p. 1200, § 8, effective May 26. Editor's note: (1) This section was originally numbered as 13-21-125 in House Bill 061382 but has been renumbered on revision for ease of location. (2) In Snyder v. Phelps, 562 U.S. 443 (2011), the United States Supreme Court held that the first amendment shields military funeral protesters from tort liability for picketing because picketing constitutes protected speech on matters of public concern and because the father of the deceased was not a member of a captive audience. Cross references: For the legislative declaration and short title contained in the 2006 act enacting this section, see section 1 of chapter 262, Session Laws of Colorado 2006. 13-21-127. Civil damages for human trafficking and involuntary servitude. (1) In addition to all other remedies, a victim, as defined in section 18-3-502 (12), C.R.S., is entitled to recover damages proximately caused by any person who commits human trafficking for involuntary servitude, as described in section 18-3-503, C.R.S., or human trafficking for sexual servitude, as described in section 18-3-504, C.R.S. (2) A conviction for human trafficking for involuntary servitude, as described in section 18-3-503, C.R.S., or human trafficking for sexual servitude, as described in section 18-3-504, C.R.S., is not a condition precedent to maintaining a civil action pursuant to the provisions of this section. Source: L. 2012: Entire section added, (HB 12-1151), ch. 174, p. 621, § 2, effective August 8. L. 2014: Entire section amended, (HB 14-1273), ch. 282, p. 1152, § 7, effective July 1. 13-21-128. Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions. (1) (a) Notwithstanding any other remedies, a person has a right of recovery against a peace officer's employing law enforcement agency if a person attempts to or lawfully records an incident involving a peace officer and: (I) A peace officer unlawfully destroys or damages the recording or recording device; (II) A peace officer seizes the recording or recording device without permission, without lawful order of the court, or without other lawful grounds to seize the device; Colorado Revised Statutes 2019 Page 271 of 584 Uncertified Printout (III) A peace officer intentionally interferes with the person's lawful attempt to record an incident involving a peace officer; (IV) A peace officer retaliates against a person for recording or attempting to record an incident involving a peace officer; or (V) A peace officer refuses to return the person's recording device that contains a recording of a peace officer-involved incident within a reasonable time period and without legal justification. (b) If a peace officer engages in any of the conduct described in paragraph (a) of this subsection (1), the aggrieved property owner may submit an affidavit to the peace officer's employing law enforcement agency setting forth the facts of the incident, the damage done to the owner's property, and a verifiable estimate of the replacement cost for any damaged or destroyed device. If a recording was damaged or destroyed, the owner may claim five hundred dollars as the value of the recording itself. Upon receipt of this affidavit, the law enforcement agency shall have thirty days to either pay the aggrieved property owner the amount requested in the affidavit or issue a denial of the request in writing. (c) If a denial of claim is issued by the law enforcement agency pursuant to paragraph (b) of this subsection (1), and the aggrieved property owner disagrees with the denial, the property owner may bring a civil action against the peace officer's employing law enforcement agency for actual damages, including the replacement value of the device, the amount of five hundred dollars for any damaged or destroyed recording, and any costs and fees associated with the filing of the civil action. The court may order punitive damages up to fifteen thousand dollars and attorney fees to the property owner upon a finding that the denial by the law enforcement agency to reimburse the person pursuant to paragraph (b) of this subsection (1) was made in bad faith. If the court finds that an action brought by a person is frivolous and without merit, the court may award the law enforcement agency its reasonable costs and attorney fees. (2) An action brought pursuant to this section does not preclude the person from seeking that criminal charges be filed against a peace officer for tampering with physical evidence in violation of section 18-8-610, C.R.S., or any other crime. (3) For purposes of this section, "retaliation" means a threat, act of harassment, as defined in section 18-9-111, C.R.S., or act of harm or injury upon any person or property, which action is directed to or committed upon a person recording the peace officer-involved incident, as retaliation or retribution against such witness or victim. Source: L. 2015: Entire section added, (HB 15-1290), ch. 212, p. 773, § 1, effective May 20, 2016. Editor's note: Section 4 of chapter 212 (HB 15-1290), Session Laws of Colorado 2015, provides that changes to this section by the act apply to actions committed on or after May 20, 2016. 13-21-129. Snow removal service liability limitation - exceptions - short title definitions. (1) This section may be cited as the "Snow Removal Service Liability Limitation Act". (2) As used in this section, unless the context otherwise requires: (a) "Public utility" has the same meaning as set forth in section 40-1-103. Colorado Revised Statutes 2019 Page 272 of 584 Uncertified Printout (b) "Service provider" means a person providing services under a snow removal and ice control services contract. (c) "Service receiver" means a person receiving services under a snow removal and ice control services contract. (d) "Snow removal and ice control services contract" means a contract or agreement for the performance of any of the following: (I) Plowing, shoveling, or other removal of snow or other mixed precipitation from a surface; (II) Deicing services; or (III) A service incidental to an activity described in subsection (2)(d)(I) or (2)(d)(II) of this section, including operating or otherwise moving snow removal or deicing equipment or materials. (3) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following in the instance where the service provider is prohibited, by express contract terms or in writing, from mitigating a specific snow, ice, or other mixed precipitation event or risk: (a) Requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (b) Requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (c) Requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (d) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (e) Requires, or has the effect of requiring, a service provider to defend a service receiver against any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; or (f) Requires, or has the effect of requiring, a service receiver to defend a service provider against any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees. (4) This section does not apply to the following: (a) Contracts for snow removal or ice control services on public roads or with public bodies; (b) Contracts for snow removal or ice control services with a public utility; (c) Deicing services or ice control services provided at a municipal or county airport, an airport under the jurisdiction of a public airport authority created under the provisions of article 3 of title 41, or any other public airport, including contracts for services provided to commercial passenger and cargo airlines at such airports; or (d) An insurance policy, as surety bond, or workers' compensation. (5) This section does not affect any liabilities, immunities, or affirmative defenses arising under other law. Colorado Revised Statutes 2019 Page 273 of 584 Uncertified Printout Source: L. 2018: Entire section added, (SB 18-062), ch. 328, p. 1967, § 1, effective August 8. 13-21-130. Civil liability for false statement to recover possession of real property. In addition to any other remedies, a person removed from a residential premises pursuant to section 13-40.1-101 on the basis of false statements made by a declarant has a private cause of action against the declarant. In the action, the plaintiff is entitled to actual damages, attorney fees, and costs. Source: L. 2018: Entire section added, (SB 18-015), ch. 393, p. 2350, § 3, effective July 1. Cross references: For the short title "Protecting Homeowners and Deployed Military Personnel Act" in SB 18-015, see section 1 of chapter 393, Session Laws of Colorado 2018. PART 2 DAMAGES FOR DEATH BY NEGLIGENCE Law reviews: For article, "Calculating Net Pecuniary Loss Under Colorado Wrongful Death Law", see 24 Colo. Law. 1257 (1995); for article, "The Colorado Wrongful Death Act", see 40 Colo. Law. 63 (May 2011). 13-21-201. Damages for death. (1) When any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent of any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of cars, or of any driver of any coach or other conveyance operated for the purpose of carrying either freight or passengers for hire while in charge of the same as a driver, and when any passenger dies from an injury resulting from or occasioned by any defect or insufficiency in any railroad or any part thereof, or in any locomotive or car, or other conveyance operated for the purpose of carrying either freight or passengers for hire, the corporation or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer, or driver is at the time such injury is committed, or who owns any such railroad, locomotive, car, or other conveyance operated for the purpose of carrying either freight or passengers for hire at the time any such injury is received, and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered: (a) In the first year after such death: (I) By the spouse of the deceased; (II) Upon the written election of the spouse, by the spouse and the heir or heirs of the deceased; (III) Upon the written election of the spouse, by the heir or heirs of the deceased; or (IV) If there is no spouse, by the heir or heirs of the deceased or the designated beneficiary, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to Colorado Revised Statutes 2019 Page 274 of 584 Uncertified Printout bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased; (b) (I) In the second year after such death: (A) By the spouse of the deceased; (B) By the heir or heirs of the deceased; (C) By the spouse and the heir or heirs of the deceased; or (D) By the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, and the heir or heirs of the deceased. (II) However, if the heir or heirs of the deceased commence an action under the provisions of sub-subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse or the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, upon motion filed within ninety days after service of written notice of the commencement of the action upon the spouse or designated beneficiary, shall be allowed to join the action as a party plaintiff. (c) (I) If the deceased is an unmarried minor without descendants or an unmarried adult without descendants and without a designated beneficiary pursuant to article 22 of title 15, C.R.S., by the father or mother who may join in the suit. Except as provided in subparagraphs (II) and (III) of this paragraph (c), the father and mother shall have an equal interest in the judgment, or if either of them is dead, then the surviving parent shall have an exclusive interest in the judgment. (II) For cases in which the father and mother are divorced, separated, or living apart, a motion may be filed by either the father or the mother prior to trial requesting the court to apportion fairly any judgment awarded in the case. Where such a motion is filed, the court shall conduct a post-judgment hearing at which the father and the mother shall have the opportunity to be heard and to produce evidence regarding each parent's relationship with the deceased child. (III) On conclusion of the post-judgment hearing conducted pursuant to subparagraph (II) of this paragraph (c), the court shall fairly determine the percentage of the judgment to be awarded to each parent. In making such a determination, the court shall consider each parent's relationship with the deceased, including custody, control, support, parental responsibility, and any other factors the court deems pertinent. The court's determination of the percentage of the judgment awarded to each parent shall not be disturbed absent an abuse of discretion. (d) For purposes of this section, "father or mother" means a natural parent of the deceased or a parent of the deceased by adoption. "Father or mother" does not include a person whose parental rights concerning the deceased were terminated pursuant to the provisions of title 19, C.R.S. (2) In suits instituted under this section, it is competent for the defendant for his defense to show that the defect or insufficiency named in this section was not a negligent defect or insufficiency. The judgment obtained in an action under this section shall be owned by such persons as are heirs at law of the deceased under the statutes of descent and distribution and shall be divided among such heirs at law in the same manner as real estate is divided according to said statute of descent and distribution. Source: G.L. § 877. G.S. § 1030. L. 07: p. 296, § 1. R.S. 08: § 2056. C.L. § 6302. CSA: C. 50, § 1. L. 51: p. 338, § 1. CRS 53: § 41-1-1. C.R.S. 1963: § 41-1-1. L. 88: (1)(a), Colorado Revised Statutes 2019 Page 275 of 584 Uncertified Printout (1)(b), and (1)(c) R&RE and (2) amended, pp. 603, 604, §§ 1, 2, effective July 1. L. 2000: (1)(c) amended and (1)(d) added, p. 169, § 1, effective July 1. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 441, § 6, effective July 1. Cross references: For determination of death, see § 12-36-136. 13-21-202. Action notwithstanding death. When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured. Source: G.L. § 878. G.S. § 1031. R.S. 08: § 2057. C.L. § 6303. CSA: C. 50, § 2. CRS 53: § 41-1-2. C.R.S. 1963: § 41-1-2. 13-21-203. Limitation on damages. (1) (a) All damages accruing under section 13-21202 shall be sued for and recovered by the same parties and in the same manner as provided in section 13-21-201, and in every such action the jury may give such damages as they may deem fair and just, with reference to the necessary injury resulting from such death, including damages for noneconomic loss or injury as defined in section 13-21-102.5 and subject to the limitations of this section and including within noneconomic loss or injury damages for grief, loss of companionship, pain and suffering, and emotional stress, to the surviving parties who may be entitled to sue; and also having regard to the mitigating or aggravating circumstances attending any such wrongful act, neglect, or default; except that, if the decedent left neither a widow, a widower, minor children, nor a dependent father or mother, the damages recoverable in any such action shall not exceed the limitations for noneconomic loss or injury set forth in section 13-21102.5, unless the wrongful act, neglect, or default causing death constitutes a felonious killing, as defined in section 15-11-803 (1)(b), C.R.S., and as determined in the manner described in section 15-11-803 (7), C.R.S., in which case there shall be no limitation on the damages for noneconomic loss or injury recoverable in such action. No action shall be brought and no recovery shall be had under both section 13-21-201 and section 13-21-202, and in all cases the plaintiff is required to elect under which section he or she will proceed. There shall be only one civil action under this part 2 for recovery of damages for the wrongful death of any one decedent. Notwithstanding anything in this section or in section 13-21-102.5 to the contrary, there shall be no recovery under this part 2 for noneconomic loss or injury in excess of two hundred fifty thousand dollars, unless the wrongful act, neglect, or default causing death constitutes a felonious killing, as defined in section 15-11-803 (1)(b), C.R.S., and as determined in the manner described in section 15-11-803 (7), C.R.S. (b) The damages recoverable for noneconomic loss or injury in any medical malpractice action shall not exceed the limitations on noneconomic loss or injury set forth in section 13-64302. (2) This section shall apply to a cause of action based on a wrongful act, neglect, or default occurring on or after July 1, 1969. A cause of action based on a wrongful act, neglect, or Colorado Revised Statutes 2019 Page 276 of 584 Uncertified Printout default occurring prior to July 1, 1969, shall be governed by the law in force and effect at the time of such wrongful act, neglect, or default. (3) (a) In all actions brought under section 13-21-201 or 13-21-202 in which damages are assessed by the trier of fact, and the death complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the trier of fact, in addition to the actual damages, may award reasonable exemplary damages. The amount of such reasonable exemplary damages shall not exceed an amount that is equal to the amount of the actual damages awarded to the injured party. (b) For purposes of this subsection (3), "willful and wanton conduct" shall have the same meaning as set forth in section 13-21-102 (1)(b). (c) (I) A claim for exemplary damages in an action governed by this section may not be included in any initial claim for relief. A claim for exemplary damages in an action governed by this section shall be allowed by amendment to the pleadings only after the passage of sixty days following the exchange of initial disclosures pursuant to rule 26 of the Colorado rules of civil procedure and the plaintiff establishes prima facie proof of a triable issue. After the plaintiff establishes the existence of a triable issue of exemplary damages, the court may, in its discretion, allow additional discovery on the issue of exemplary damages as the court deems appropriate. (II) A claim for exemplary damages in an action governed by this section shall not be time barred by the applicable provisions of law for the commencement of actions, so long as: (A) The claim for exemplary damages arises, pursuant to paragraph (a) of this subsection (3), from the claim in such action that is brought under section 13-21-201 or 13-21-202; and (B) The claim in such action that is brought under section 13-21-201 or 13-21-202 is not time barred. (III) The assertion of a claim for exemplary damages in an action governed by this section shall not be rendered ineffective solely because the assertion was made after the applicable deadline contained in the court's case management order, so long as the plaintiff establishes that he or she did not discover, and could not have reasonably discovered prior to such deadline, the grounds for asserting the exemplary damages claim. (4) Notwithstanding the provisions of subsection (3) of this section, the court may reduce or disallow the award of exemplary damages to the extent that: (a) The deterrent effect of the damages has been accomplished; or (b) The conduct that resulted in the award has ceased; or (c) The purpose of such damages has otherwise been served. (5) Notwithstanding the provisions of subsection (3) of this section, the court may increase any award of exemplary damages to a sum not to exceed three times the amount of actual damages, if it is shown that: (a) The defendant has continued the behavior or repeated the action that is the subject of the claim against the defendant in a willful and wanton manner against another person or persons during the pendency of the case; or (b) The defendant has acted in a willful and wanton manner during the pendency of the action in a manner that has further aggravated the damages of the plaintiff when the defendant knew or should have known such action would produce aggravation. (6) The provisions of this section shall not apply to a peace officer, as described in section 16-2.5-101, C.R.S., or to any firefighter, as defined in section 18-3-201 (1.5), C.R.S., for Colorado Revised Statutes 2019 Page 277 of 584 Uncertified Printout claims arising out of injuries sustained from an act or omission of the peace officer or firefighter acting in the performance of his or her duties and within the scope of his or her employment. (7) Nothing in this section shall be construed to alter or amend the provisions of section 13-64-302.5 or the provisions of part 1 of article 10 of title 24, C.R.S. Source: G.L. § 879. G.S. § 1032. R.S. 08: § 2058. C.L. § 6304. CSA: C. 50, § 3. L. 51: p. 339, § 2. CRS 53: § 41-1-3. L. 57: p. 338, §§ 1, 2. C.R.S. 1963: § 41-1-3. L. 67: p. 481, § 1. L. 69: pp. 329, 330, §§ 1, 3. L. 89: (1) amended, p. 752, § 2, effective July 1. L. 96: (1) amended, p. 49, § 1, effective July 1. L. 2001: Entire section amended, p. 376, § 1, effective August 8. L. 2003: (1) amended, p. 1787, § 2, effective July 1; (6) amended, p. 1614, § 6, effective August 6. L. 2014: (6) amended, (HB 14-1214), ch. 336, p. 1498, § 8, effective August 6. 13-21-203.5. Alternative means of establishing damages - solatium amount. In any case arising under section 13-21-202, the persons entitled to sue under the provisions of section 13-21-201 (1) may elect in writing to sue for and recover a solatium in the amount of fifty thousand dollars. Such solatium amount shall be in addition to economic damages and to reasonable funeral, burial, interment, or cremation expenses, which expenses may also be recovered in an action under this section. Such solatium amount shall be in lieu of noneconomic damages recoverable under section 13-21-203 and shall be awarded upon a finding or admission of the defendant's liability for the wrongful death. Source: L. 89: Entire section added, p. 753, § 3, effective July 1. 13-21-203.7. Adjustments of dollar limitations for effects of inflation. (1) The limitations on noneconomic damages set forth in section 13-21-203 (1)(a) and the amount of the solatium set forth in section 13-21-203.5 must be adjusted for inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter. The adjustments made on January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitations in sections 13-21-203 (1)(a) and 1321-203.5. The adjustments made pursuant to this subsection (1) must be rounded upward or downward to the nearest ten-dollar increment. (2) As used in this section, "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. (3) The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available, and: (a) The adjusted limitation on damages is applicable to all claims for relief that accrue on or after January 1, 1998, and before January 1, 2008; (b) The adjusted limitation on damages as of January 1, 2008, is applicable to all claims for relief that accrue on and after January 1, 2008, and before January 1, 2020; and (c) The adjusted limitation on damages as of January 1, 2020, and each January 1 every two years thereafter is applicable to all claims for relief that accrue on and after the specified January 1 and before the January 1 two years thereafter. Colorado Revised Statutes 2019 Page 278 of 584 Uncertified Printout Source: L. 97: Entire section added, p. 923, § 5, effective August 6. L. 2007: (1) and (3) amended, p. 330, § 4, effective July 1. L. 2019: (1) and (3) amended, (SB 19-109), ch. 83, p. 296, § 3, effective August 2. 13-21-204. Limitation of actions. All actions provided for by this part 2 shall be brought within the time period prescribed in section 13-80-102. Source: G.L. § 880. G.S. § 1033. R.S. 08: § 2059. C.L. § 6305. CSA: C. 50, § 4. CRS 53: § 41-1-4. C.R.S. 1963: § 41-1-4. L. 79: Entire section amended, p. 615, § 1, effective June 7. L. 86: Entire section amended, p. 704, § 13, effective July 1. PART 3 SETTLEMENTS, RELEASES, AND STATEMENTS 13-21-301. Settlements, releases, and statements of injured persons. (1) If a person is injured as a result of an occurrence which might give rise to liability and said person is a patient under the care of a practitioner of the healing arts or is hospitalized, no person or agent of any person whose interest is adverse to the injured person shall: (a) Within thirty days after the date of the occurrence causing the injury, negotiate or attempt to negotiate a settlement with the injured patient; (b) Within thirty days after the date of the occurrence causing the injury, obtain or attempt to obtain a general release of liability from the injured patient; or (c) Within fifteen days after the date of the occurrence causing the injury, obtain or attempt to obtain any statement, either written, oral, recorded, or otherwise, from the injured patient for use in negotiating a settlement or obtaining a release except as provided by the Colorado rules of civil procedure. (2) Any settlement agreement entered into or any general release of liability given by the injured patient in violation of this section shall be void. Any statement, written, oral, recorded, or otherwise, which is given by the injured party in violation of this section may not be used in evidence against the interest of the injured party in any civil action relating to the injury. (3) Nothing in this section shall preclude the taking of statements by peace officers, as defined in section 24-31-301 (5), C.R.S., acting in their official capacity in the ordinary course of their employment, and nothing shall preclude the use of such statements for any purpose permitted by statute or rule of court applying to the admission of evidence. Source: L. 75: Entire part added, p. 571, § 1, effective July 1. L. 83: (3) amended, p. 962, § 5, effective July 1, 1984. L. 92: (3) amended, p. 1097, § 4, effective March 6. L. 96: (1) amended, p. 1137, § 2, effective July 1. Cross references: For the legislative declaration contained in the 1992 act amending subsection (3), see section 12 of chapter 167, Session Laws of Colorado 1992. PART 4 Colorado Revised Statutes 2019 Page 279 of 584 Uncertified Printout PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS Cross references: For limitation of actions against manufacturers, sellers, or lessors, see §§ 13-80-106 and 13-80-107. Law reviews: For article, "The Apportionment of Tort Responsibility", see 14 Colo. Law. 741 (1985); for article, "Torts", which discusses Tenth Circuit decisions dealing with product liability actions, see 62 Den. U. L. Rev. 357 (1985); for article, "Product Liability", see 16 Colo. Law. 474 (1987); for article, "Permanent Solution for Product Liability Crises: Uniform Federal Tort Law Standards", see 64 Den. U. L. Rev. 685 (1988); for article, "Our Product Liability System: An Efficient Solution to a Complex Problem", see 64 Den. U. L. Rev. 703 (1988); for article, "Recovering Asbestos Abatement Costs in Tort Actions", see 19 Colo. Law. 659 (1990); for article, "Strict Product Liability and Comparative Fault in Colorado", see 19 Colo. Law. 2081 (1990); for article, "Preemption of State Tort Claims Under The Medical Device Amendments", see 24 Colo. Law. 2217 (1995). 13-21-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Manufacturer" means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product prior to the sale of the product to a user or consumer. The term includes any seller who has actual knowledge of a defect in a product or a seller of a product who creates and furnishes a manufacturer with specifications relevant to the alleged defect for producing the product or who otherwise exercises some significant control over all or a portion of the manufacturing process or who alters or modifies a product in any significant manner after the product comes into his possession and before it is sold to the ultimate user or consumer. The term also includes any seller of a product who is owned in whole or significant part by the manufacturer or who owns, in whole or significant part, the manufacturer. A seller not otherwise a manufacturer shall not be deemed to be a manufacturer merely because he places or has placed a private label on a product if he did not otherwise specify how the product shall be produced or control, in some significant manner, the manufacturing process of the product and the seller discloses who the actual manufacturer is. (2) "Product liability action" means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product. (3) "Seller" means any individual or entity, including a manufacturer, wholesaler, distributor, or retailer, who is engaged in the business of selling or leasing any product for resale, use, or consumption. Source: L. 77: Entire part added, p. 820, § 2, effective July 1. Colorado Revised Statutes 2019 Page 280 of 584 Uncertified Printout 13-21-402. Innocent seller. (1) No product liability action shall be commenced or maintained against any seller of a product unless said seller is also the manufacturer of said product or the manufacturer of the part thereof giving rise to the product liability action. Nothing in this part 4 shall be construed to limit any other action from being brought against any seller of a product. (2) If jurisdiction cannot be obtained over a particular manufacturer of a product or a part of a product alleged to be defective, then that manufacturer's principal distributor or seller over whom jurisdiction can be obtained shall be deemed, for the purposes of this section, the manufacturer of the product. Source: L. 77: Entire part added, p. 820, § 2, effective July 1. L. 2003: (1) amended, p. 1289, § 1, effective September 1. 13-21-402.5. Product misuse. A product liability action may not be commenced or maintained against a manufacturer or seller of a product that caused injury, death, or property damage if, at the time the injury, death, or property damage occurred, the product was used in a manner or for a purpose other than that which was intended and which could not reasonably have been expected, and such misuse of the product was a cause of the injury, death, or property damage. Source: L. 2003: Entire section added, p. 1289, § 2, effective September 1. 13-21-403. Presumptions. (1) In any product liability action, it shall be rebuttably presumed that the product which caused the injury, death, or property damage was not defective and that the manufacturer or seller thereof was not negligent if the product: (a) Prior to sale by the manufacturer, conformed to the state of the art, as distinguished from industry standards, applicable to such product in existence at the time of sale; or (b) Complied with, at the time of sale by the manufacturer, any applicable code, standard, or regulation adopted or promulgated by the United States or by this state, or by any agency of the United States or of this state. (2) In like manner, noncompliance with a government code, standard, or regulation existing and in effect at the time of sale of the product by the manufacturer which contributed to the claim or injury shall create a rebuttable presumption that the product was defective or negligently manufactured. (3) Ten years after a product is first sold for use or consumption, it shall be rebuttably presumed that the product was not defective and that the manufacturer or seller thereof was not negligent and that all warnings and instructions were proper and adequate. (4) In a product liability action in which the court determines by a preponderance of the evidence that the necessary facts giving rise to a presumption have been established, the court shall instruct the jury concerning the presumption. Source: L. 77: Entire part added, p. 820, § 2, effective July 1. L. 2003: (4) added, p. 1289, § 3, effective September 1. Colorado Revised Statutes 2019 Page 281 of 584 Uncertified Printout 13-21-404. Inadmissible evidence. In any product liability action, evidence of any scientific advancements in technical or other knowledge or techniques, or in design theory or philosophy, or in manufacturing or testing knowledge, techniques, or processes, or in labeling, warnings of risks or hazards, or instructions for the use of such product, where such advancements were discovered subsequent to the time the product in issue was sold by the manufacturer, shall not be admissible for any purpose other than to show a duty to warn. Source: L. 77: Entire part added, p. 821, § 2, effective July 1. 13-21-405. Report to general assembly. (Repealed) Source: L. 77: Entire part added, p. 821, § 2, effective July 1. L. 92: Entire section repealed, p. 1613, § 168, effective May 20. 13-21-406. Comparative fault as measure of damages. (1) In any product liability action, the fault of the person suffering the harm, as well as the fault of all others who are parties to the action for causing the harm, shall be compared by the trier of fact in accordance with this section. The fault of the person suffering the harm shall not bar such person, or a party bringing an action on behalf of such a person, or his estate, or his heirs from recovering damages, but the award of damages to such person or the party bringing the action shall be diminished in proportion to the amount of causal fault attributed to the person suffering the harm. If any party is claiming damages for a decedent's wrongful death, the fault of the decedent, if any, shall be imputed to such party. (2) Where comparative fault in any such action is an issue, the jury shall return special verdicts, or, in the absence of a jury, the court shall make special findings determining the percentage of fault attributable to each of the persons to whom some fault is attributed and determining the total amount of damages sustained by each of the claimants. The entry of judgment shall be made by the court, and no general verdict shall be returned by the jury. (3) Repealed. (4) The provisions of section 13-21-111 do not apply to any product liability action. Source: L. 81: Entire section added, p. 885, § 1, effective July 1; (3) amended, p. 2030, § 42, effective July 14. L. 86: (3) repealed, p. 682, § 6, effective July 1. PART 5 PRODUCT LIABILITY ACTIONS - FIREARMS AND AMMUNITION 13-21-501. Legislative declaration. (1) The general assembly hereby declares that it shall be the policy in this state that product liability for injury, damage, or death caused by the discharge of a firearm or ammunition shall be based only upon an actual defect in the design or manufacture of such firearm or ammunition and not upon the inherent potential of a firearm or ammunition to cause injury, damage, or death when discharged. (2) The general assembly further finds that it shall be the policy of this state that a civil action in tort for any remedy arising from physical or emotional injury, physical damage, or Colorado Revised Statutes 2019 Page 282 of 584 Uncertified Printout death caused by the discharge of a firearm or ammunition shall be based only upon an actual defect in the design or manufacture of such firearm or ammunition or upon the commission of a violation of a state or federal statute or regulation and not upon any other theory of liability. The general assembly also finds that under no theory shall a firearms or an ammunition manufacturer, importer, or dealer be held liable for the actions of another person. Source: L. 86: Entire part added, p. 689, § 1, effective May 12. L. 2000: Entire section amended, p. 1059, § 2, effective May 26. 13-21-502. "Product liability action" - definition. As used in this part 5, unless the context otherwise requires, "product liability action" means a claim for damages brought against the manufacturer, distributor, importer, or seller of firearms or ammunition alleging a defect in the design or manufacture of a firearm or ammunition. Source: L. 86: Entire part added, p. 689, § 1, effective May 12. 13-21-503. Determination of defect - burden of proof. (1) In a product liability action, whether a firearm or ammunition shall be deemed defective in design shall not be based upon its potential to cause injury, damage, or death when discharged. (2) The burden shall be on the plaintiff to prove, in addition to any other elements required to be proven: (a) In a product liability action alleging a design defect, that the actual design was defective and that such defective design was the proximate cause of the injury, damage, or death; (b) In a product liability action alleging a defect in manufacture, that the firearm or ammunition was manufactured at variance from its design and that such defective manufacture was the proximate cause of the injury, damage, or death. (3) The inherent potential of a firearm or ammunition to cause injury, damage, or death when discharged shall not be a basis for a finding that the product is defective in design or manufacture. Source: L. 86: Entire part added, p. 689, § 1, effective May 12. 13-21-504. Proximate cause. (1) In a product liability action, the actual discharge of a firearm or ammunition shall be the proximate cause of injury, damage, or death resulting from the use of such product and not the inherent capability of the product to cause injury, damage, or death. (2) The manufacturer's, importer's, or distributor's placement of a firearm or ammunition in the stream of commerce, even if such placement is found to be foreseeable, shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a third party's use of the product. (3) In a product liability action concerning the accidental discharge of a firearm, the manufacturer's, importer's, or distributor's placement of the product in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause, even if accidental discharge is found to be foreseeable. Colorado Revised Statutes 2019 Page 283 of 584 Uncertified Printout (4) In addition to any limitation of an action set forth in section 13-80-119, in a product liability action brought by the criminal, it shall be an absolute defense that the injury, damage, or death immediately resulted from the use of the firearm or ammunition during the commission of the criminal act which is a felony or a class 1 or class 2 misdemeanor. Source: L. 86: Entire part added, p. 689, § 1, effective May 12. L. 93: (4) amended, p. 465, § 2, effective July 1. 13-21-504.5. Limitations on actions - award of fees. (1) A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm or ammunition. (2) In no type of action shall a firearms or ammunition manufacturer, importer, or dealer be held liable as a third party for the actions of another person. (3) The court, upon the filing of a motion to dismiss pursuant to rule 12 (b) of the Colorado rules of civil procedure, shall dismiss any action brought against a firearms or ammunition manufacturer, importer, or dealer that the court determines is prohibited under subsection (1) or (2) of this section. Upon dismissal pursuant to this subsection (3), the court shall award reasonable attorney fees, in addition to costs, to each defendant named in the action. (4) Notwithstanding the provisions of subsection (1) of this section, a firearms or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state or federal statute or regulation. In any action brought pursuant to the provisions of this subsection (4), the plaintiff shall have the burden of proving by clear and convincing evidence that the defendant violated the state or federal statute or regulation. Source: L. 2000: Entire section added, p. 1058, § 1, effective May 26. 13-21-505. Applicability of this part 5. Nothing contained in this part 5 shall be construed to bar recovery where the plaintiff proves that the proximate cause of the injury, damage, or death was a firearm or ammunition which contained a defect in manufacture causing it to be at variance from its design or which was designed so that it did not function in the manner reasonably expected by the ordinary consumer of such product. Source: L. 86: Entire part added, p. 690, § 1, effective May 12. PART 6 LIABILITY FOR ELECTRONIC COMPUTING DEVICE FAILURES ASSOCIATED WITH THE YEAR 2000 DATE CHANGE 13-21-601 to 13-21-604. (Repealed) Colorado Revised Statutes 2019 Page 284 of 584 Uncertified Printout Source: L. 2011: Entire part repealed, (HB 11-1303), ch. 264, p. 1152, § 18, effective August 10. Editor's note: This part 6 was added in 1999 and was not amended prior to its repeal in 2011. For the text of this part 6 prior to 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 7 YEAR 2000 CITIZENS' PROTECTION ACT 13-21-701 to 13-21-705. (Repealed) Editor's note: (1) This part 7 was added in 1999 and was not amended prior to its repeal in 2006. For the text of this part 7 prior to 2006, consult the 2005 Colorado Revised Statutes. (2) Section 13-21-705 provided for the repeal of this part 7, effective December 31, 2006. (See L. 99, p. 632.) PART 8 DRUG DEALER LIABILITY ACT 13-21-801. Short title. This part 8 shall be known and may be cited as the "Drug Dealer Liability Act". Source: L. 99: Entire part added, p. 1261, § 1, effective June 2. 13-21-802. Legislative declaration. (1) The general assembly hereby declares that the purpose of this part 8 is: (a) To provide a civil remedy for damages to persons in this state injured as a result of the use of an illegal drug; (b) To shift, to the extent possible, the cost of damage caused by the market for illegal drugs in the state to those who illegally profit from that market; and (c) To deter those who have not yet entered into the distribution market for illegal drugs by establishing the prospect of substantial monetary loss. Source: L. 99: Entire part added, p. 1261, § 1, effective June 2. 13-21-803. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Illegal drug" means a controlled substance as defined in section 18-18-102 (5), C.R.S. (2) "Individual illegal drug user" means the individual whose use of a specified illegal drug is the basis of an action brought under this part 8. Colorado Revised Statutes 2019 Page 285 of 584 Uncertified Printout (3) "Participate in the marketing of illegal drugs" means to transport, import into this state, sell, possess with the intent to sell, furnish, administer, or give away, import into this state, sell, furnish, administer, or give away an illegal drug. "Participate in the marketing of illegal drugs" does not include the purchase or receipt of an illegal drug for personal use. (4) "Period of illegal drug use" means, in relation to the individual illegal drug user, the period of time from the individual's first use of a specified illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence. (5) "Person" means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association existing under or authorized by the laws of this state, another state, or a foreign country. (6) "Specified illegal drug" means the type of illegal drug used by an individual illegal drug user whose use is the basis of an action brought under section 13-21-804 (2)(b). Source: L. 99: Entire part added, p. 1261, § 1, effective June 2. 13-21-804. Damages - persons injured by an individual illegal drug user. (1) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug within this state: (a) A parent, legal guardian, child, spouse, or sibling of the individual illegal drug user; (b) An employer of an individual illegal drug user; (c) A medical facility, insurer, governmental entity, employer, or other entity that funded a drug treatment program or employee assistance program for the individual illegal drug user or that otherwise expended money on behalf of the individual illegal drug user or a dependent of the individual illegal drug user; and (d) A person injured as a result of the willful, reckless, or negligent actions of an individual illegal drug user. (2) (a) A person entitled to seek damages under this section may seek damages from one or more of the following: (I) A person who sold, administered, or furnished, or is in the chain of distribution of, an illegal drug used by the individual illegal drug user; (II) A person who knowingly participated in the marketing or distribution in the state of Colorado of the specified illegal drug used by an individual illegal drug user during the individual drug user's period of illegal drug use. (b) Nothing in this section shall be deemed to authorize a suit against an employer of a person described in paragraph (a) of this subsection (2) if the employer had no knowledge of the actions of the person giving rise to the claim under this section. (3) The standard of proof for establishing liability under this section shall be by clear and convincing evidence. (4) A person entitled to bring an action under this section may recover all of the following damages: (a) Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, or any other pecuniary loss proximately caused by an individual's use of an illegal drug; Colorado Revised Statutes 2019 Page 286 of 584 Uncertified Printout (b) Noneconomic damages, including but not limited to pain and suffering, disfigurement, loss of enjoyment, loss of companionship and consortium, and other nonpecuniary loss proximately caused by an individual's use of an illegal drug; (c) Exemplary damages; (d) Reasonable attorney fees incurred as a result of bringing an action under this section; and (e) Costs of suit, including but not limited to expenses for expert witnesses and expenses for investigative services to determine the identity of the defendants and the location of any assets of the defendants. Source: L. 99: Entire part added, p. 1262, § 1, effective June 2. 13-21-805. Nonexclusiveness - exceptions to liability - joinder. (1) Any cause of action established by this part 8 shall be in addition to and not in lieu of any other cause of action available to a plaintiff. (2) A person whose possession, use, or distribution of illegal drugs is authorized by law is not liable for damages under this part 8. (3) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the marketing of illegal drugs if the participation is in furtherance of an official investigation. (4) Two or more persons may join together in one action under section 13-21-804 if any portion of the period of illegal drug use of the individual illegal drug user whose actions resulted in the damages to one plaintiff overlaps with the period of illegal drug use of the individual illegal drug users whose actions resulted in the damages to every other plaintiff. (5) A third party shall not pay damages awarded under this part 8 or provide a defense or money for a defense on behalf of an insured under a contract of insurance or indemnification. Source: L. 99: Entire part added, p. 1263, § 1, effective June 2. 13-21-806. Comparative negligence. (1) An action under this part 8 is governed by the principles of comparative negligence. (2) The burden of proving the comparative negligence of the plaintiff shall be on the defendant by clear and convincing evidence. Source: L. 99: Entire part added, p. 1264, § 1, effective June 2. 13-21-807. Contribution among and recovery from multiple defendants. Notwithstanding the provisions of section 13-50.5-102 (3), a person subject to liability under this part 8 has a right of contribution against any other person subject to liability under this part 8. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery against a person whom a defendant has asserted a right of contribution in accordance with this part 8 and other laws. Source: L. 99: Entire part added, p. 1264, § 1, effective June 2. Colorado Revised Statutes 2019 Page 287 of 584 Uncertified Printout 13-21-808. Effect of criminal drug conviction. (1) (a) A person against whom recovery is sought is estopped from denying participation in the marketing of illegal drugs if the person has a criminal conviction based on the same circumstances that are the basis for the claim for damages. Said conviction must be for other than mere possession of the specified illegal drug: (I) That is a felony under the "Comprehensive Drug Abuse Prevention and Control Act of 1970", 21 U.S.C. sec. 801, et seq.; (II) Under section 18-18-405 or 18-18-406, C.R.S.; or (III) That is a felony related to participation in the marketing of illegal drugs under the laws of another state. (b) Such a conviction is also prima facie evidence of the person's participation in the marketing of illegal drugs during the two years preceding the date of an act giving rise to a conviction. (2) The absence of a conviction of a person against whom recovery is sought does not bar an action against that person. Source: L. 99: Entire part added, p. 1264, § 1, effective June 2. 13-21-809. Prejudgment attachment and execution on judgments. (1) (a) Except as provided in subsection (3) of this section, a plaintiff under this part 8 may request an ex parte, prejudgment order of attachment under rule 102 of the Colorado rules of civil procedure against all of the assets of a defendant sufficient to satisfy a potential award. If attachment is issued, a defendant is entitled to an immediate hearing. The attachment may be removed if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award. (b) Prior to the payment of any judgment awarded pursuant to this part 8, payment shall first be made to satisfy any order or judgment entered against the defendant in a criminal proceeding for restitution, including any contributions to a crime victim compensation fund pursuant to article 4.1 of title 24, C.R.S., or to a victims and witnesses assistance and law enforcement fund pursuant to article 4.2 of title 24, C.R.S. (2) A person against whom a judgment has been rendered under this part 8 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. (3) Any assets sought to satisfy a judgment under this part 8 that have been named in a forfeiture action pending on the date that the attachment under subsection (1) of this section is sought or have been seized for forfeiture by any state or federal agency may not be attached or used to satisfy a judgment under this part 8 unless and until the assets have been released following conclusion of the forfeiture action or released by the agency that seized the assets. Source: L. 99: Entire part added, p. 1265, § 1, effective June 2. 13-21-810. Statute of limitations. (1) Except as otherwise provided by this section, a claim under this part 8 shall not be brought more than four years after the cause of action accrues. A cause of action accrues under this part 8 when a person who may recover has reason Colorado Revised Statutes 2019 Page 288 of 584 Uncertified Printout to know of the harm from illegal drug use that is the basis of the cause of action and has reason to know that the illegal drug use is the cause of the harm. (2) For a defendant, the statute of limitations under this section does not expire until six months after the individual potential defendant is convicted of a criminal offense or as otherwise provided by law. Source: L. 99: Entire part added, p. 1265, § 1, effective June 2. 13-21-811. Stay of action. On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this part 8 shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: L. 99: Entire part added, p. 1265, § 1, effective June 2. 13-21-812. Nonretroactive. No cause of action shall accrue based upon any act by a defendant that occurred prior to June 2, 1999. Source: L. 99: Entire part added, p. 1265, § 1, effective June 2. 13-21-813. Severability. If any provision of this part 8 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part 8 that can be given effect without the invalid provision or application, and to this end the provisions of this part 8 are declared to be severable. Source: L. 99: Entire part added, p. 1266, § 1, effective June 2. PART 9 LIABILITY OF HOSPITAL ENTERPRISES FOR ELECTRONIC COMPUTING DEVICE FAILURES ASSOCIATED WITH THE YEAR 2000 DATE CHANGE 13-21-901 and 13-21-902. (Repealed) Source: L. 2011: Entire part repealed, (HB 11-1303), ch. 264, p. 1152, § 19, effective August 10. Editor's note: This part 9 was added in 1999. For amendments to this part 9 prior to its repeal in 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 10 LIABILITY FOR COMPUTER DISSEMINATION OF INDECENT MATERIAL TO CHILDREN Colorado Revised Statutes 2019 Page 289 of 584 Uncertified Printout 13-21-1001. Definitions. As used in this article, unless the context otherwise requires: (1) "Child" means a person under eighteen years of age. (2) "Sexual contact", "sexual intrusion", and "sexual penetration" shall have the same meanings as set forth in section 18-3-401 (4), (5), and (6), C.R.S., respectively. Source: L. 2003: Entire part added, p. 1879, § 1, effective July 1. 13-21-1002. Computer dissemination of indecent material to a child - prohibition. (1) A person commits computer dissemination of indecent material to a child when: (a) Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, or sexual conduct, as defined in section 19-1-103 (97), C.R.S., the person willfully uses a computer, computer network, telephone network, data network, or computer system allowing the input, output, examination, or transfer of computer data or computer programs from one computer to another or a text-messaging or instantmessaging system to initiate or engage in such communication with a person he or she believes to be a child; and (b) By means of such communication the person importunes, invites, entices, or induces a person he or she believes to be a child to engage in sexual contact, sexual intrusion, or sexual penetration with the person, or to engage in a sexual performance or sexual conduct, as defined in section 19-1-103 (97), C.R.S., for the person's benefit. (2) Computer dissemination of indecent material to a child is prohibited. A person who violates the provisions of subsection (1) of this section shall be subject to a civil penalty as provided in section 13-21-1003. (3) It shall not be an affirmative defense in a civil action brought under this part 10 that the person the defendant believed to be a child in fact was not a child. Source: L. 2003: Entire part added, p. 1879, § 1, effective July 1. L. 2009: (1)(a) amended, (HB 09-1132), ch. 341, p. 1792, § 1, effective July 1. 13-21-1003. Civil penalty - action for recovery - distribution of proceeds - attorney fees. (1) A person who is found in a civil action brought under this part 10 to have committed computer dissemination of indecent material to a child in violation of section 13-21-1002 shall forfeit and pay a civil penalty established pursuant to verdict or judgment. (2) (a) An action to recover a civil penalty under this part 10 may be brought by any private individual. Venue for the action shall be proper in the district court for the county in which the defendant resides or maintains a principal place of business in this state, or in the county in which the defendant sent the communication, or in the county in which the recipient received the communication. (b) The action shall be brought in the name of the person seeking recovery of the civil penalty. (3) In determining the liability for or the amount of a civil penalty pursuant to this section, the court or jury shall consider the nature, circumstances, and gravity of the alleged violation and the alleged violator's degree of culpability, history of prior violations, criminal convictions, and level of cooperation with any investigation of the alleged violation. Colorado Revised Statutes 2019 Page 290 of 584 Uncertified Printout (4) No action may be brought or maintained pursuant to this section without the written consent of the child 's parent or guardian, which consent may be withdrawn at any time. (5) A child alleged to be a victim of computer dissemination of indecent material to a child, or his or her parent or guardian, shall have the right to intervene and assume control of any case brought pursuant to this section. (6) In a case in which the court awards a civil penalty pursuant to this section, the court shall order the distribution as follows: (a) In a case brought by a child or other recipient of indecent material as described in subsection 13-21-1002 (1), one hundred percent to the plaintiff; (b) In a case brought by a plaintiff other than a child or recipient of indecent material, forty percent to the plaintiff and sixty percent to the child or recipient; (c) In a case initiated by a plaintiff and in which the child's parent or guardian has intervened, eighty percent to the child and twenty percent to the plaintiff. (7) If a plaintiff is awarded a distribution of the civil penalty pursuant to subsection (6) of this section, the court shall award judgment to the plaintiff for the plaintiff's reasonable attorney fees and costs. (8) Nothing in this part 10 shall be construed to limit or abrogate: (a) A criminal action brought to prosecute an act described in the criminal laws of this state; (b) Any right or cause of action that a person, on the person's own behalf or on behalf of another, may have; (c) The ability to include in a civil action brought under this part 10 additional claims that are otherwise permitted by law to be brought in a civil action. Source: L. 2003: Entire part added, p. 1880, § 1, effective July 1. PART 11 COMMONSENSE CONSUMPTION ACT Law reviews: For article, "What's in the Package: Food, Beverage, and Dietary Supplement Law and Litigation Part I", see 43 Colo. Law. 77 (July 2014). 13-21-1101. Short title. This part 11 shall be known and may be cited as the "Commonsense Consumption Act". Source: L. 2004: Entire part added, p. 759, § 1, effective May 17. 13-21-1102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Obesity and many other conditions that are detrimental to the health and well-being of individuals are frequently long-term manifestations of poor choices that are habitually made by those individuals; (b) Despite commercial influences, individuals remain ultimately responsible for the choices they make regarding their body; and Colorado Revised Statutes 2019 Page 291 of 584 Uncertified Printout (c) Excessive litigation restricts the wide range of choices otherwise available to individuals who consume products responsibly. Source: L. 2004: Entire part added, p. 759, § 1, effective May 17. 13-21-1103. Definitions. For the purposes of this part 11, unless the context otherwise requires: (1) "Claim" means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person. (2) "Food" means any food or beverage, including chewing gum, intended for human consumption and articles used for components of any such food or beverage. (3) "Injury caused by or likely to result from long-term consumption" means an injury or condition resulting or likely to result from the cumulative effect of consumption and not from a single instance of consumption. (4) "Other person" means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general. Source: L. 2004: Entire part added, p. 760, § 1, effective May 17. 13-21-1104. Actions against food providers that comply with applicable state and federal laws - exemptions. (1) Except as otherwise provided in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, or seller of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising from weight gain, obesity, a health condition associated with weight gain or obesity, or other injury caused by or likely to result from the long-term consumption of the food. (2) The provisions of subsection (1) of this section shall not preclude civil liability of a manufacturer, packer, distributor, carrier, holder, or seller of a food in cases in which a claim of injury not related to weight gain, obesity, or a health condition associated with weight gain or obesity is based on a material violation of a composition, branding, or labeling standard prescribed by state or federal law and the claimed injury was actual and proximately caused by such violation. Source: L. 2004: Entire part added, p. 760, § 1, effective May 17. 13-21-1105. Pleading requirements. (1) In any action permitted under section 13-211104 (2), the plaintiff shall state the following with particularity in the complaint: (a) The statute, regulation, or other provision of state or federal law that was allegedly violated; (b) The facts that are alleged to constitute a material violation of such law; and (c) The facts that are alleged to demonstrate that the material violation proximately caused actual injury to the plaintiff. (2) In addition to the requirements set forth in subsection (1) of this section, the complaint shall state with particularity facts sufficient to support a reasonable inference that the violation was knowing and willful. Colorado Revised Statutes 2019 Page 292 of 584 Uncertified Printout (3) For purposes of applying this part 11: (a) The pleading requirements contained in this section shall be regarded as jurisdictional prerequisites to the bringing of an action and not merely procedural provisions; and (b) The requirements of actual injury, knowledge and willfulness, and proximate cause as described in this section shall apply to all actions commenced under this part 11 notwithstanding any provision of law of another state that may be inconsistent with or contrary to such requirements. Source: L. 2004: Entire part added, p. 760, § 1, effective May 17. 13-21-1106. Stay of proceedings pending motion to dismiss. (1) In any action brought against a manufacturer, packer, distributor, carrier, holder, or seller of a food for claims related to the long-term consumption of food, all proceedings including but not limited to discovery shall be stayed during the pendency of a motion to dismiss unless the court finds for good cause shown on the motion of any party that limited discovery is necessary to preserve evidence or to prevent undue prejudice to the movant. (2) During a stay of discovery, unless otherwise ordered by the court, any party in the case, including any plaintiff and any defendant that has been properly served with the complaint, shall preserve all documents, data compilations including but not limited to electronically recorded data and electronically stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations in the complaint as though a request for production of those documents and things had been served pursuant to court rule. Source: L. 2004: Entire part added, p. 761, § 1, effective May 17. PART 12 DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY Cross references: For the legislative declaration in HB 14-1388, see section 1 of chapter 379, Session Laws of Colorado 2014. 13-21-1201. Short title. This part 12 is known and may be cited as the "Civil Remedy for Unlawful Termination of Pregnancy Act". Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1. 13-21-1202. Legislative declaration. The general assembly hereby declares that the purpose of this part 12 is to provide an appropriate civil remedy to a woman who suffers an unlawful termination of her pregnancy, without establishing the legal personhood of an unborn human being. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1. 13-21-1203. Definitions. As used in this part 12, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 293 of 584 Uncertified Printout (1) "Consent" has the same meaning as provided in section 18-1-505, C.R.S. (2) "Intentionally" has the same meaning as provided in section 18-1-501 (5), C.R.S. (3) "Knowingly" has the same meaning as provided in section 18-1-501 (6), C.R.S. (4) "Pregnancy" means the presence of an implanted human embryo or fetus within the uterus of a woman. (5) "Recklessly" has the same meaning as provided in section 18-1-501 (8), C.R.S. (6) "Unlawful termination of pregnancy" means the termination of a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained, or for which the pregnant woman's consent is implied by law. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1. 13-21-1204. Construction. Nothing in this part 12 shall be construed to confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1. 13-21-1205. Damages - woman injured by the unlawful termination of a pregnancy. (1) A woman may bring an action for damages in accordance with this part 12 against any person who intentionally, knowingly, or recklessly caused an unlawful termination of her pregnancy. (2) (a) The action authorized in this section is in addition to, and does not limit or affect, other actions available by statute or common law, before or after July 1, 2014. (b) Nothing in this part 12 is intended to alter, replace, limit, supersede, or in any way restrict any provision of the "Health Care Availability Act", article 64 of this title, or any successor statute. (3) The standard of proof for establishing liability under this section is proof by a preponderance of the evidence. (4) A woman entitled to bring an action under this section may recover the following damages: (a) Her own economic damages; (b) Her own noneconomic damages; and (c) Exemplary damages to the extent permitted by section 13-21-102, or any successor statute. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1. 13-21-1206. Exceptions to liability. (1) Nothing in this part 12 shall create liability for damages, or permit a cause of action, against: (a) A health care institution, as defined in section 13-64-202 (3), to the extent that the health care institution is engaged in providing health care services to a pregnant woman with her consent or where her consent is implied by law; or Colorado Revised Statutes 2019 Page 294 of 584 Uncertified Printout (b) A health care professional, as defined in section 13-64-202 (4)(a), to the extent that the health care professional is engaged in providing health care services to a pregnant woman with her consent or where her consent is implied by law. (2) Nothing in this part 12 imposes liability for damages upon a woman for acts she engages in with respect to her own pregnancy. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1858, § 2, effective July 1. 13-21-1207. Limitation of actions - three years. Any action brought under this part 12 must be commenced within three years after the cause of action accrues and not thereafter. For purposes of this part 12, a cause of action accrues when a woman has reason to know that her pregnancy was unlawfully terminated. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1858, § 2, effective July 1. PART 13 WHOLESALE SALES REPRESENTATIVES Editor's note: This part 13 was added with relocations in 2017. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 13-21-1301. Legislative declaration. The general assembly hereby finds, determines, and declares that independent wholesale sales representatives are a key ingredient to the Colorado economy. The general assembly further finds and declares that wholesale sales representatives spend many hours developing their territory in order to properly market their products. Therefore, it is the intent of the general assembly to provide security and clarify the relations between distributors, jobbers, or manufacturers and their wholesale sales representatives. Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9. Editor's note: This section is similar to former § 12-66-101 as it existed prior to 2017. 13-21-1302. Jurisdiction over nonresident representatives. A distributor, jobber, or manufacturer who is not a resident of Colorado and who enters into any written contract or written sales agreement regulated by this part 13 shall be deemed to be doing business in Colorado for purposes of personal jurisdiction. Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9. Editor's note: This section is similar to former § 12-66-102 as it existed prior to 2017. Colorado Revised Statutes 2019 Page 295 of 584 Uncertified Printout 13-21-1303. Damages. (1) A distributor, jobber, or manufacturer who knowingly fails to pay commissions as provided in any written contract or written sales agreement shall be liable to the wholesale sales representative in a civil action for treble the damages proved at trial. (2) In a civil action brought by a wholesale sales representative pursuant to this section, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other recovery. Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9. Editor's note: This section is similar to former § 12-66-103 as it existed prior to 2017. 13-21-1304. Liquor licensees excepted. This part 13 shall not apply to any person licensed under article 3 or 4 of title 44. Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 992, § 1, effective August 9. L. 2019: Entire section amended, (SB 19-241), ch. 390, p. 3464, § 7, effective August 2. Editor's note: This section is similar to former § 12-66-104 as it existed prior to 2017. PART 14 UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES Editor's note: Section 4 of chapter 88 (SB 19-100), Session Laws of Colorado 2019, provides that the act adding this part 14 applies to acts committed on or after April 8, 2019. 13-21-1401. Short title. The short title of this part 14 is the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act". Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, § 1, effective April 8. 13-21-1402. Definitions. As used in this part 14, unless the context otherwise requires: (1) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image. (3) "Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning. (4) "Identifiable" means recognizable by a person other than the depicted individual: (a) From an intimate image itself; or (b) From the intimate image and identifying characteristic displayed in connection with the intimate image. Colorado Revised Statutes 2019 Page 296 of 584 Uncertified Printout (5) "Identifying characteristic" means information that may be used to identify a depicted individual. (6) "Individual" means a human being. (7) "Intimate image" means a photograph, film, video recording, or other similar medium that shows: (a) The uncovered genitals, pubic area, anus, or female postpubescent nipple of a depicted individual; or (b) The depicted individual engaging in or being subjected to sexual conduct. (8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (9) "Sexual conduct" includes: (a) Masturbation; (b) Genital, anal, or oral sex; (c) Sexual penetration of, or with, an object; (d) Bestiality; or (e) The transfer of semen onto a depicted individual. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, § 1, effective April 8. 13-21-1403. Civil action - definitions. (1) In this section, unless the context otherwise requires: (a) "Harm" means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (b) "Private" means: (I) Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or (II) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property. (2) Except as otherwise provided in section 13-21-1404, a depicted individual who is identifiable and who has suffered harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether: (a) The depicted individual did not consent to the disclosure; (b) The intimate image was private; and (c) The depicted individual was identifiable. (3) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image, which is the subject of the action, or that the individual lacked a reasonable expectation of privacy: (a) Consent to the creation of the image; or (b) Previous consensual disclosure of the image. (4) A depicted individual who does not consent to sexual conduct or the uncovering of the part of the body depicted in the intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place. Colorado Revised Statutes 2019 Page 297 of 584 Uncertified Printout (5) This section is not the exclusive remedy for an intentional disclosure or threatened disclosure of an intimate image; a plaintiff may also bring any other available common law or statutory claims. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 326, § 1, effective April 8. 13-21-1404. Exceptions to liability - definitions. (1) In this section, unless the context otherwise requires: (a) "Child" means an unemancipated individual who is less than eighteen years of age. (b) "Parent" means an individual recognized as a parent under the law of this state other than this part 14. (2) A person is not liable under this part 14 if the person proves that disclosure of, or a threat to disclose, the intimate image was: (a) Made in good faith in: (I) Law enforcement; (II) A legal proceeding; or (III) Medical education or treatment; or (b) Made in good faith in the reporting or investigation of: (I) Unlawful conduct; (II) Unsolicited and unwelcome conduct; (III) Related to a matter of public concern or public interest; or (IV) Reasonably intended to assist the depicted individual. (3) Subject to subsection (4) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 14 for a disclosure or threatened disclosure of an intimate image of the child. (4) If a defendant asserts an exception to liability under subsection (3) of this section, the exception does not apply if the plaintiff proves the disclosure was: (a) Prohibited by law other than this part 14; or (b) Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (5) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 327, § 1, effective April 8. 13-21-1405. Plaintiff's privacy. (1) In an action under this part 14: (a) A plaintiff may proceed using a pseudonym in place of the true name of the plaintiff; (b) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff; (c) A plaintiff to whom subsection (1)(a) or (1)(b) of this section applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics; and (d) The court may make further orders as necessary to protect the identity and privacy of a plaintiff. Colorado Revised Statutes 2019 Page 298 of 584 Uncertified Printout Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 328, § 1, effective April 8. 13-21-1406. Remedies. (1) In an action under this part 14, a prevailing plaintiff may recover: (a) The greater of: (I) Economic and noneconomic damages proximately caused by the defendant's disclosures or threatened disclosures, including damages for emotional distress whether or not accompanied by other damages; or (II) (A) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this part 14 for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. (B) In determining the amount of statutory damages under this subsection (1)(a)(II), consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors. (b) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and (c) Punitive damages as allowed under the law of this state other than this part 14. (2) In an action under this part 14, the court may award a prevailing plaintiff: (a) Reasonable attorney fees and costs; and (b) Additional relief, including injunctive relief. (3) This part 14 does not affect a right or remedy available under state law other than this part 14. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 328, § 1, effective April 8. 13-21-1407. Statute of limitations. (1) An action under section 13-21-1403 (2) for: (a) An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and (b) A threat to disclose may not be brought later than six years from the date of the threat to disclose. (2) Except as otherwise provided in subsection (3) of this section, this section is subject to the tolling statutes of this state. (3) In an action under section 13-21-1403 (2) by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection (1) of this section does not begin to run until the depicted individual attains the age of majority. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 329, § 1, effective April 8. 13-21-1408. Construction. (1) This part 14 must be construed to be consistent with the federal "Communications Decency Act of 1996", 47 U.S.C. sec. 230. Colorado Revised Statutes 2019 Page 299 of 584 Uncertified Printout (2) This section does not apply to an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for content provided by another person. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 330, § 1, effective April 8. 13-21-1409. Uniformity of application and construction. In applying and construing this part 14, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 330, § 1, effective April 8. CONTRACTS AND AGREEMENTS ARTICLE 22 Age of Competence - Arbitration - Mediation Cross references: For capacity of a minor, fifteen years of age or older, to consent to receive mental health services from a physician or hospital, see § 27-65-103; for rights of minors with respect to the purchase of insurance, see § 10-4-104. Law reviews: For survey, "Quality of Dispute Resolution Symposium Issue", see 66 Den. U.L. Rev. 335 (1989); for article, "New Rules on ADR: Professional Ethics, Shotguns and Fish", see 21 Colo. Law. 1877 (1992); for article, "Compendium of Colorado ADR Provisions -Part I", see 23 Colo. Law. 1515 (1994); for article, "Compendium of Colorado ADR Provisions - Part II", see 23 Colo. Law. 2101 (1994); for article, "Mediation/Arbitration: An ADR Tool", see 24 Colo. Law. 553 (1995); for article, "Hidden in Plain Sight: The Office of Administrative Courts' ADR Program", see 43 Colo. Law. 31 (Jan. 2014); for article, "Discovery to Nonparties in Colorado Arbitrations", see 45 Colo. Law. 25 (April 2016). PART 1 AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION Law reviews: For article "Consent to Treatment and Access to Minors' Medical Records", see 17 Colo. Law. 1323 (1988). 13-22-101. Competence of persons eighteen years of age or older. (1) Notwithstanding any other provision of law enacted or any judicial decision made prior to July 1, 1973, every person, otherwise competent, shall be deemed to be of full age at the age of eighteen years or older for the following specific purposes: (a) To enter into any legal contractual obligation and to be legally bound thereby to the full extent as any other adult person; but such obligation shall not be considered a family Colorado Revised Statutes 2019 Page 300 of 584 Uncertified Printout expense of the parents of the person who entered into the contract, under section 14-6-110, C.R.S.; (b) To manage his estate in the same manner as any other adult person. This section shall not apply to custodial property given or held under the terms of the "Colorado Uniform Transfers to Minors Act", article 50 of title 11, C.R.S., or property held for a protected person under the "Colorado Probate Code", article 14 of title 15, C.R.S., unless otherwise permitted in said articles; (c) To sue and be sued in any action to the full extent as any other adult person in any of the courts of this state, without the necessity for a guardian ad litem or someone acting in his behalf; (d) To make decisions in regard to his own body and the body of his issue, whether natural or adopted by such person, to the full extent allowed to any other adult person. Source: L. 73: p. 543, §§ 1, 2. C.R.S. 1963: § 41-4-1. L. 84: (1)(b) amended, p. 394, § 5, effective July 1. L. 91: (1)(b) amended, p. 1442, § 2, effective July 1. 13-22-102. Minors - consent for medical care and treatment for use of drugs or a substance use disorder. Notwithstanding any other provision of law, any physician licensed to practice in this state, upon consultation by a minor as a patient, with the consent of such minor patient, may examine, prescribe for, and treat the minor patient for use of drugs or a substance use disorder without the consent of or notification to the parent, parents, or legal guardian of the minor patient, or to any other person having custody or decision-making responsibility with respect to the medical care of the minor patient. In any such case the physician or any person acting pursuant to the minor's direction incurs no civil or criminal liability by reason of having made such examination or prescription or having rendered such treatment, but this immunity does not apply to any negligent acts or omissions by the physician or any person acting pursuant to the physician's direction. Source: L. 71: p. 493, § 1. C.R.S. 1963: § 41-2-12. L. 98: Entire section amended, p. 1393, § 28, effective February 1, 1999. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1293, § 109, effective May 25. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 13-22-103. Minors - consent for medical, dental, and related care. (1) Except as otherwise provided in sections 15-19-204, 18-1.3-407 (4.5), and 25-4-409, a minor eighteen years of age or older, or a minor fifteen years of age or older who is living separate and apart from his or her parent, parents, or legal guardian, with or without the consent of his or her parent, parents, or legal guardian, and is managing his or her own financial affairs, regardless of the source of his or her income, or any minor who has contracted a lawful marriage may give consent to organ or tissue donation or the furnishing of hospital, medical, dental, emergency health, and surgical care to himself or herself. Such consent is not subject to disaffirmance because of minority, and, when such consent is given, the minor has the same rights, powers, and Colorado Revised Statutes 2019 Page 301 of 584 Uncertified Printout obligations as if he or she had obtained majority. Consent to organ or tissue donation may be revoked pursuant to section 15-19-206. (2) The consent of the parent, parents, or legal guardian of a minor described in subsection (1) of this section shall not be necessary in order to authorize organ or tissue donation or hospital, medical, dental, emergency health, or surgical care, and no hospital, physician, surgeon, dentist, trained emergency health care provider, or agent or employee thereof who, in good faith, relies on such a minor's consent shall be liable for civil damages for failure to secure the consent of such a minor's parent, parents, or legal guardian prior to rendering such care. The parent, parents, or legal guardian of a minor described in subsection (1) of this section shall not be liable to pay the charges for the care provided the minor on said minor's consent, unless said parent, parents, or legal guardian agrees to be so liable. (3) In addition to the authority granted in section 25-4-1704 (2.5), C.R.S., any parent, including a parent who is a minor, may request and consent to organ or tissue donation of his or her child or the furnishing of hospital, medical, dental, emergency health, and surgical care to his or her child or ward. The consent of a minor parent shall not be subject to disaffirmance because of minority, and, when such consent is given, said minor parent has the same rights, powers, and obligations as if he or she were of legal age. Source: L. 71: p. 494, § 1. C.R.S. 1963: § 41-2-13. L. 72: p. 594, § 71. L. 79: Entire section amended, p. 616, § 1, effective May 18. L. 95: (1) amended, p. 871, § 2, effective May 24. L. 96: (3) amended, p. 585, § 5, effective July 1. L. 2000: Entire section amended, p. 729, § 6, effective July 1. L. 2002: (1) amended, p. 1487, § 122, effective October 1. L. 2007: (1) amended, p. 796, § 2, effective July 1. L. 2013: (1) amended, (HB 13-1154), ch. 372, p. 2193, § 5, effective July 1. L. 2016: (1) amended, (SB 16-146), ch. 230, p. 915, § 6, effective July 1. L. 2017: (1) amended, (SB 17-223), ch. 158, p. 557, § 4, effective August 9. Cross references: (1) For provisions relating to testing of minors for human immunodeficiency virus ("HIV") infection, see § 25-4-1405 (6). (2) For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 372, Session Laws of Colorado 2013. 13-22-103.5. Minors - consent for medical care - pregnancy. Notwithstanding any other provision of law, a pregnant minor may authorize prenatal, delivery, and post-delivery medical care for herself related to the intended live birth of a child. Source: L. 2006: Entire section added, p. 535, § 1, effective April 22. 13-22-104. Transplants and transfusions generally - declaration of policy - limit on liability of minors. (1) The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, or components thereof is important to the health and welfare of the people of this state. Equally important is the duty of those performing such service or providing such materials to exercise due care under the attending circumstances to the end that those receiving health care will benefit and adverse results therefrom will be minimized by the use of available and proven scientific safeguards. The Colorado Revised Statutes 2019 Page 302 of 584 Uncertified Printout imposition of legal liability without fault upon the persons and organizations engaged in such scientific procedures may inhibit the exercise of sound medical judgment and restrict the availability of important scientific knowledge, skills, and materials. It is, therefore, the public policy of this state to promote the health and welfare of the people by emphasizing the importance of exercising due care, and by limiting the legal liability arising out of such scientific procedures to instances of negligence or willful misconduct. (2) The donation, whether for or without valuable consideration, the acquisition, preparation, transplantation, injection, or transfusion of any human tissue, organ, blood, or component thereof for or to a human being is the performance of a medical service and does not, in any way, constitute a sale. No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who assists or participates in donating, obtaining, preparing, transplanting, injecting, transfusing, or transferring any tissue, organ, blood, or component thereof from one or more human beings, living or dead, to another living human being for the purpose of therapy or transplantation needed by him for his health or welfare shall be liable for any damages of any kind or description directly or indirectly caused by or resulting from any such activity; except that each such person or entity remains liable for his or its own negligence or willful misconduct. (3) Any provision of the law to the contrary notwithstanding, any minor who has reached the age of eighteen years may give consent to the donation of his or her blood, organs, or tissue and to the penetration of tissue which is necessary to accomplish such donation. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such a minor shall not be necessary in order to authorize such donation of blood, organs, or tissue and penetration of tissue. (4) Any provision of the law to the contrary notwithstanding, a minor who is at least sixteen years of age but is less than eighteen years of age may give consent to the donation of his or her blood and to the penetration of tissue that is necessary to accomplish the donation, so long as the minor's parent or legal guardian consents to authorize the donation of the minor's blood and the penetration of tissue. A minor's consent shall not be subject to disaffirmance because of minority. Source: L. 71: p. 491, § 1. C.R.S. 1963: § 41-2-11. L. 2000: (3) amended, p. 730, § 7, effective July 1. L. 2009: (4) added, (HB 09-1023), ch. 27, p. 117, § 1, effective August 5. Cross references: For additional authority, see the "Uniform Anatomical Gift Act", parts 2 and 3 of article 19 of title 15; for the donation of human tissue, organ, or blood or component thereof under the uniform commercial code, see § 4-2-102. 13-22-105. Minors - birth control services rendered by physicians. Birth control procedures, supplies, and information may be furnished by physicians licensed under article 240 of title 12 to any minor who is pregnant, or a parent, or married, or who has the consent of the minor's parent or legal guardian, or who has been referred for such services by another physician, a member of the clergy, a family planning clinic, a school or institution of higher education, or any agency or instrumentality of this state or any subdivision thereof, or who requests and is in need of birth control procedures, supplies, or information. Colorado Revised Statutes 2019 Page 303 of 584 Uncertified Printout Source: L. 71: p. 639, § 3. C.R.S. 1963: § 91-1-38. L. 2013: Entire section amended, (HB 13-1154), ch. 372, p. 2193, § 6, effective July 1. L. 2019: Entire section amended, (HB 191172), ch. 136, p. 1667, § 73, effective October 1. Cross references: For the legislative declaration in the 2013 act amending this section, see section 1 of chapter 372, Session Laws of Colorado 2013. 13-22-106. Minors - consent - sexual offense. (1) Any physician licensed to practice in this state, upon consultation by a minor as a patient who indicates that he or she was the victim of a sexual offense pursuant to part 4 of article 3 of title 18, C.R.S., with the consent of such minor patient, may perform customary and necessary examinations to obtain evidence of the sexual offense and may prescribe for and treat the patient for any immediate condition caused by the sexual offense. (2) (a) Prior to examining or treating a minor pursuant to subsection (1) of this section, a physician shall make a reasonable effort to notify the parent, parents, legal guardian, or any other person having custody or decision-making responsibility with respect to the medical care of such minor of the sexual offense. (b) So long as the minor has consented, the physician may examine and treat the minor as provided for in subsection (1) of this section whether or not the physician has been able to make the notification provided for in paragraph (a) of this subsection (2) and whether or not those notified have given consent, but, if the person having custody or decision-making responsibility with respect to the minor's medical care objects to treatment, then the physician shall proceed under the provisions of part 3 of article 3 of title 19, C.R.S. (c) Nothing in this section shall be deemed to relieve any person from the requirements of the provisions of part 3 of article 3 of title 19, C.R.S., concerning child abuse. (3) If a minor is unable to give the consent required by this section by reason of age or mental or physical condition and it appears that the minor has been the victim of a sexual assault, the physician shall not examine or treat the minor as provided in subsection (1) of this section but shall proceed under the provisions of part 3 of article 3 of title 19, C.R.S. (4) A physician shall incur no civil or criminal liability by reason of having examined or treated a minor pursuant to subsection (1) of this section, but this immunity shall not apply to any negligent acts or omissions by the physician. Source: L. 79: Entire section added, p. 618, § 1, effective May 4. L. 87: (2)(b), (2)(c), and (3) amended, p. 814, § 12, effective October 10. L. 98: (2)(a) and (2)(b) amended, p. 1394, § 29, effective February 1, 1999. L. 2003: (1) and (2)(a) amended, p. 1432, § 23, effective April 29. Cross references: For the exemption from civil liability of physicians and surgeons rendering emergency assistance, see § 13-21-108; for the exemption from civil liability for persons administering tests to persons suspected of driving under the influence of alcohol or drugs, see § 42-4-1301.1 (6)(b). Colorado Revised Statutes 2019 Page 304 of 584 Uncertified Printout 13-22-107. Legislative declaration - definitions - children - waiver by parent of prospective negligence claims. (1) (a) The general assembly hereby finds, determines, and declares it is the public policy of this state that: (I) Children of this state should have the maximum opportunity to participate in sporting, recreational, educational, and other activities where certain risks may exist; (II) Public, private, and non-profit entities providing these essential activities to children in Colorado need a measure of protection against lawsuits, and without the measure of protection these entities may be unwilling or unable to provide the activities; (III) Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children. The law has long presumed that parents act in the best interest of their children. (IV) Parents make conscious choices every day on behalf of their children concerning the risks and benefits of participation in activities that may involve risk; (V) These are proper parental choices on behalf of children that should not be ignored. So long as the decision is voluntary and informed, the decision should be given the same dignity as decisions regarding schooling, medical treatment, and religious education; and (VI) It is the intent of the general assembly to encourage the affordability and availability of youth activities in this state by permitting a parent of a child to release a prospective negligence claim of the child against certain persons and entities involved in providing the opportunity to participate in the activities. (b) The general assembly further declares that the Colorado supreme court's holding in case number 00SC885, 48 P.3d 1229 (Colo. 2002), has not been adopted by the general assembly and does not reflect the intent of the general assembly or the public policy of this state. (2) As used in this section, unless the context otherwise requires: (a) "Child" means a person under eighteen years of age. (b) For purposes of this section only, "parent" means a parent, as defined in section 19-1103 (82), C.R.S., a person who has guardianship of the person, as defined in section 19-1-103 (60), C.R.S., a person who has legal custody, as defined in section 19-1-103 (73), C.R.S., a legal representative, as defined in section 19-1-103 (73.5), C.R.S., a physical custodian, as defined in section 19-1-103 (84), C.R.S., or a responsible person, as defined in section 19-1-103 (94), C.R.S. (3) A parent of a child may, on behalf of the child, release or waive the child's prospective claim for negligence. (4) Nothing in this section shall be construed to permit a parent acting on behalf of his or her child to waive the child's prospective claim against a person or entity for a willful and wanton act or omission, a reckless act or omission, or a grossly negligent act or omission. Source: L. 2003: Entire section added, p. 1721, § 1, effective May 14. PART 2 UNIFORM ARBITRATION ACT Editor's note: This part 2 was added in 1975. This part 2 was repealed and reenacted in 2004, resulting in the addition, relocation, and elimination of sections as well as subject matter. Colorado Revised Statutes 2019 Page 305 of 584 Uncertified Printout For amendments to this part 2 prior to 2004, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated. 13-22-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. (2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. (3) "Court" means a court of competent jurisdiction in this state. (4) "Knowledge" means actual knowledge. (5) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Source: L. 2004: Entire part R&RE, p. 1718, § 1, effective August 4. 13-22-202. Notice. (1) Except as otherwise provided in this part 2, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (2) A person has notice if the person has knowledge of the notice or has received notice. (3) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. Source: L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4. 13-22-203. Applicability. (1) Except as otherwise provided in subsection (2) of this section, this part 2 shall govern an agreement to arbitrate made on or after August 4, 2004. (2) This part 2 shall govern an agreement to arbitrate made before August 4, 2004, if all parties to the agreement or to the arbitration proceeding so agree in a record. Source: L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-222 as it existed prior to 2004. 13-22-204. Effect of agreement to arbitrate - nonwaivable provisions. (1) Except as otherwise provided in subsections (2) and (3) of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or, the parties may vary the effect of, the requirements of this part 2 to the extent permitted by law. Colorado Revised Statutes 2019 Page 306 of 584 Uncertified Printout (2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not: (a) Waive or agree to vary the effect of the requirements of section 13-22-205 (1), 1322-206 (1), 13-22-208, 13-22-217 (1) or (2), 13-22-226, or 13-22-228; (b) Agree to unreasonably restrict the right under section 13-22-209 to notice of the initiation of an arbitration proceeding; (c) Agree to unreasonably restrict the right under section 13-22-212 to disclosure of any facts by a neutral arbitrator; or (d) Waive the right under section 13-22-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this part 2, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), a party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or section 13-22-203 (1), 13-22-207, 13-22-214, 13-22218, 13-22-220 (4) or (5), 13-22-222, 13-22-223, 13-22-224, 13-22-225 (1) or (2), or 13-22-229. (b) If the parties to an agreement to arbitrate or to an arbitration proceeding are a government, governmental subdivision, governmental agency, governmental instrumentality, public corporation, or any commercial entity, the parties may waive the requirements of section 13-22-223 except if the award was procured by corruption or fraud. Source: L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4. 13-22-205. Application for judicial relief. (1) Except as otherwise provided in section 13-22-228, an application for judicial relief under this part 2 must be made by motion to the court and heard in the manner provided by law or court rule for making and hearing motions. (2) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this part 2 must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or court rule for serving motions in pending cases. Source: L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-218 as it existed prior to 2004. 13-22-206. Validity of agreement to arbitrate. (1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. (2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. (3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable. (4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders. Colorado Revised Statutes 2019 Page 307 of 584 Uncertified Printout Source: L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-203 as it existed prior to 2004. 13-22-207. Motion to compel or stay arbitration. (1) On the motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and (b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. (2) On the motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is not an agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. (3) If the court finds that there is no enforceable agreement, it may not invoke the provisions of subsection (1) or (2) of this section to order the parties to arbitrate. (4) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or because one or more grounds for the claim have not been established. (5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion made under this section shall be filed with that court. Otherwise, a motion made under this section may be filed in any court pursuant to section 13-22227. (6) If a party files a motion with the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the ordering court renders a final decision under this section. (7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim. Source: L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-204 as it existed prior to 2004. 13-22-208. Provisional remedies. (1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action. (2) After an arbitrator is appointed and is authorized and able to act: (a) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and Colorado Revised Statutes 2019 Page 308 of 584 Uncertified Printout (b) A party to an arbitration proceeding may request the court to issue an order for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. (3) A party does not waive a right of arbitration by making a motion under subsection (1) or (2) of this section. Source: L. 2004: Entire part R&RE, p. 1721, § 1, effective August 4. 13-22-209. Initiation of arbitration. (1) A person may initiate an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of an agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized by law for the commencement of a civil action. The notice shall describe the nature of the controversy and the remedy sought. (2) Unless a person objects to the lack of notice or the insufficiency of notice under section 13-22-215 (3) not later than the beginning of the arbitration hearing, a person who appears at the arbitration hearing waives any objection to the lack of notice or insufficiency of notice. Source: L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4. 13-22-210. Consolidation of separate arbitration proceedings. (1) Except as otherwise provided in subsection (3) of this section, upon the motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all parties in the arbitration proceedings consent and: (a) There are separate agreements to arbitrate or separate arbitration proceedings between or among the same persons or one of the persons is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person; (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions; (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation. (2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings. (3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. Source: L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4. 13-22-211. Appointment of arbitrator - service as a neutral arbitrator. (1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, the method shall be followed unless the method fails. If the parties have not agreed on a method, or the Colorado Revised Statutes 2019 Page 309 of 584 Uncertified Printout agreed method fails, or an appointed arbitrator fails to act or is unable to act and a successor has not been appointed, the court, on the motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed pursuant to this subsection (1) shall have all the powers of an arbitrator designated in an agreement to arbitrate or appointed pursuant to an agreed method. (2) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator if the agreement requires the arbitrator to be neutral. Source: L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-205 as it existed prior to 2004. 13-22-212. Disclosure by arbitrator. (1) Before accepting an appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including: (a) A financial or personal interest in the outcome of the arbitration proceeding; and (b) A current or previous relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator. (2) An arbitrator shall have a continuing obligation to disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator. (3) If an arbitrator discloses a fact required to be disclosed by subsection (1) or (2) of this section and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 13-22-223 (1)(b) for vacating an award made by an arbitrator. (4) If the arbitrator does not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court may vacate an award under section 13-22223 (1)(b). (5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall be presumed to act with evident partiality under section 13-22-223 (1)(b). (6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 13-22-223 (1)(b). Source: L. 2004: Entire part R&RE, p. 1723, § 1, effective August 4. Colorado Revised Statutes 2019 Page 310 of 584 Uncertified Printout 13-22-213. Action by majority. If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, except that all of the arbitrators shall conduct the hearing under the provisions of section 13-22-215 (3). Source: L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-205 as it existed prior to 2004. 13-22-214. Immunity of arbitrator - competency to testify - attorney fees and costs. (1) An arbitrator or an arbitration organization acting in the capacity of an arbitrator is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (2) The immunity afforded by this section is in addition to, and not in lieu of, or in derogation of, immunity conferred under any other provision of law. (3) The failure of an arbitrator to make a disclosure required by section 13-22-212 shall not cause any loss of immunity that is granted under this section. (4) (a) In a judicial proceeding, administrative proceeding, or other similar proceeding, an arbitrator or representative of an arbitration organization shall not be competent to testify and may not be required to produce records as to any statement, conduct, decision, or ruling that occurred during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. (b) This subsection (4) shall not apply: (I) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or (II) To a hearing on a motion to vacate an award under section 13-22-223 (1)(a) or (1)(b) if the movant makes a prima facie showing that a ground for vacating the award exists. (5) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney fees and reasonable expenses of litigation. Source: L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4. 13-22-215. Arbitration process. (1) An arbitrator may conduct an arbitration in a manner that the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator by this part 2 shall include, but not be limited to, the power to hold conferences with the parties to the arbitration proceeding before the hearing and the power to determine the admissibility, relevance, materiality, and weight of any evidence. Colorado Revised Statutes 2019 Page 311 of 584 Uncertified Printout (2) An arbitrator may decide a request for summary disposition of a claim or particular issue: (a) If all interested parties agree; or (b) Upon request of one or more parties to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond. (3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing shall waive the objection. Upon the request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced even if a party who was duly notified of the arbitration proceeding does not appear. The court, on motion, may direct the arbitrator to conduct the hearing promptly and render a timely decision. (4) At a hearing under subsection (3) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. (5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with section 13-22-211 to continue the proceeding and to resolve the controversy. Source: L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-207 as it existed prior to 2004. 13-22-216. Representation by attorney. A party to an arbitration proceeding may be represented by an attorney. Source: L. 2004: Entire part R&RE, p. 1725, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-208 as it existed prior to 2004. 13-22-217. Witnesses - subpoenas - depositions - discovery. (1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena issued under this section shall be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or by the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action. (2) In order to make the proceedings fair, expeditious, and cost effective, upon the request of a party or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be Colorado Revised Statutes 2019 Page 312 of 584 Uncertified Printout subpoenaed for a hearing or who is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken. (3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective. (4) If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a non-complying party to the extent a court could take such action if the controversy were the subject of a civil action; except that the arbitrator shall not have the power of contempt. (5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action. (6) All provisions of law that compel a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness shall apply to an arbitration proceeding in the same manner as if the controversy were the subject of a civil action. (7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state shall be served in the manner provided by law for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action. Source: L. 2004: Entire part R&RE, p. 1725, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-209 as it existed prior to 2004. Cross references: For the Colorado rule of civil procedure concerning subpoenas, see rule 45; for the fees of witnesses, see § 13-33-102. 13-22-218. Judicial enforcement of pre-award ruling by arbitrator. If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 13-22-219. A prevailing party may make a motion to the court for an expedited order to confirm the award under section 1322-222, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under section 13-22-223 or 13-22-224. Source: L. 2004: Entire part R&RE, p. 1726, § 1, effective August 4. Colorado Revised Statutes 2019 Page 313 of 584 Uncertified Printout 13-22-219. Award. (1) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding. (2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend the time or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party shall be deemed to have waived any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. Source: L. 2004: Entire part R&RE, p. 1727, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-210 as it existed prior to 2004. 13-22-220. Change of award by arbitrator. (1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (a) Upon a ground stated in section 13-22-224 (1)(a) or (1)(c); (b) If the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (c) To clarify the award. (2) A motion made under subsection (1) of this section shall be made and notice shall be given to all parties within twenty days after the movant receives notice of the award. (3) A party to the arbitration proceeding shall give notice of any objection to the motion within ten days after receipt of the notice. (4) If a motion to the court is pending under section 13-22-222, 13-22-223, or 13-22224, the court may submit the claim to the arbitrator to consider whether to modify or correct the award: (a) Upon a ground stated in section 13-22-224 (1)(a) or (1)(c); (b) If the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (c) To clarify the award. (5) An award modified or corrected pursuant to this section is subject to the provisions of sections 13-22-219 (1), 13-22-222, 13-22-223, and 13-22-224. Source: L. 2004: Entire part R&RE, p. 1727, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-211 as it existed prior to 2004. 13-22-221. Remedies - fees and expenses of arbitration proceeding. (1) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding. (2) An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award. Colorado Revised Statutes 2019 Page 314 of 584 Uncertified Printout (3) Nothing in this section shall be construed to alter or amend the provisions of section 13-21-102 (5). Source: L. 2004: Entire part R&RE, p. 1728, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-212 as it existed prior to 2004. 13-22-222. Confirmation of award. (1) After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 13-22-220 or 13-22-224 or is vacated pursuant to section 13-22223. (2) Repealed. Source: L. 2004: Entire part R&RE, p. 1728, § 1, effective August 4. L. 2005: (2) repealed, p. 764, § 20, effective June 1. Editor's note: This section is similar to former § 13-22-213 as it existed prior to 2004. 13-22-223. Vacating award. (1) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if the court finds that: (a) The award was procured by corruption, fraud, or other undue means; (b) There was: (I) Evident partiality by an arbitrator appointed as a neutral arbitrator; (II) Corruption by an arbitrator; or (III) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; (c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 13-22-215, so as to prejudice substantially the rights of a party to the arbitration proceeding; (d) An arbitrator exceeded the arbitrator's powers; (e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 13-22-215 (3) not later than the beginning of the arbitration hearing; or (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 13-22-209 so as to substantially prejudice the rights of a party to the arbitration proceeding. (1.5) Notwithstanding the provisions of subsection (1) of this section, the fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award. (2) A motion made under this section shall be filed within ninety-one days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety-one days after the movant receives notice of a modified or corrected award pursuant to section 13-22-220, Colorado Revised Statutes 2019 Page 315 of 584 Uncertified Printout unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety-one days after either the ground is known or by the exercise of reasonable care should have been known by the movant. (3) If the court vacates an award on a ground other than that set forth in paragraph (e) of subsection (1) of this section, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection (1) of this section, the rehearing shall be held before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d), or (f) of subsection (1) of this section, the rehearing may be held before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 13-22-219 (2) for an award. (4) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending. Source: L. 2004: Entire part R&RE, p. 1728, § 1, effective August 4. L. 2005: (1.5) added, p. 764, § 21, effective June 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 824, § 7, effective July 1. Editor's note: This section is similar to former § 13-22-214 as it existed prior to 2004. 13-22-224. Modification or correction of award. (1) Upon motion made within ninety-one days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety-one days after the movant receives notice of a modified or corrected award pursuant to section 13-22-220, the court shall modify or correct the award if: (a) There is an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award; (b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or (c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted. (2) If a motion made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award. (3) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award. Source: L. 2004: Entire part R&RE, p. 1729, § 1, effective August 4. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 824, § 8, effective July 1. Editor's note: This section is similar to former § 13-22-215 as it existed prior to 2004. 13-22-225. Judgment on award - attorney fees and litigation expenses. (1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action. Colorado Revised Statutes 2019 Page 316 of 584 Uncertified Printout (2) A court may award the reasonable costs of the motion and subsequent judicial proceedings. (3) On the application of a prevailing party to a contested judicial proceeding under section 13-22-222, 13-22-223, or 13-22-224, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award. Source: L. 2004: Entire part R&RE, p. 1730, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-216 as it existed prior to 2004. 13-22-226. Jurisdiction. (1) A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (2) An agreement to arbitrate providing for arbitration in this state confers jurisdiction on the court to enter judgment on an award under this part 2. Source: L. 2004: Entire part R&RE, p. 1730, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-219 as it existed prior to 2004. 13-22-227. Venue. A motion pursuant to section 13-22-205 shall be made in a court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in a court of the county in which it was held. Otherwise, a motion pursuant to section 13-22-205 may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in a court of any county in this state. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs. Source: L. 2004: Entire part R&RE, p. 1730, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-220 as it existed prior to 2004. 13-22-228. Appeals. (1) An appeal may be taken from: (a) An order denying a motion to compel arbitration; (b) An order granting a motion to stay arbitration; (c) An order confirming or denying confirmation of an award; (d) An order modifying or correcting an award; (e) An order vacating an award without directing a rehearing; or (f) A final judgment entered pursuant to this part 2. (2) An appeal under this section shall be taken in the same manner as an appeal of an order or judgment in a civil action. Source: L. 2004: Entire part R&RE, p. 1730, § 1, effective August 4. Colorado Revised Statutes 2019 Page 317 of 584 Uncertified Printout Editor's note: This section is similar to former § 13-22-221 as it existed prior to 2004. 13-22-229. Uniformity of application and construction. In applying and construing this part 2, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2004: Entire part R&RE, p. 1731, § 1, effective August 4. Editor's note: This section is similar to former § 13-22-223 as it existed prior to 2004. 13-22-230. Savings clause. This part 2 shall not affect an action or proceeding commenced or a right accrued before this part 2 takes effect. Except as otherwise provided in section 13-22-203, an arbitration agreement made before August 4, 2004, is governed by the "Uniform Arbitration Act of 1975". Source: L. 2004: Entire part R&RE, p. 1731, § 1, effective August 4. PART 3 DISPUTE RESOLUTION ACT Law reviews: For article, "The Mediation Alternative is Gaining Support in Colorado", see 13 Colo. Law. 589 (1984); for article, "Divorce Mediation: A Financial Perspective", see 13 Colo. Law. 1650 (1984); for article, "Enforcement of Arbitration Awards in Colorado", see 14 Colo. Law. 535 (1985); for article, "Litigation v. Alternative Dispute Resolution -- Let's Talk About It", see 17 Colo. Law. 655 (1988); for article, "Mediation Revisited: Amendments to the Colorado Dispute Resolution Act", see 17 Colo. Law. 1297 (1988); for article, "The 'Alternatives' in Alternative Dispute Resolution", see 18 Colo. Law. 1751 (1989); for several articles regarding the issue of the "Quality of dispute resolution", see 66 Den. U.L. Rev. 335-549 (1989); for numerous articles dealing with alternative dispute resolution (ADR), see 18 Colo. Law. 828-928 (1989); for article, "Court-ordered Mediation of Civil Cases", see 19 Colo. Law. 1057 (1990); for article, "The Growing Duty to Effectuate Settlement", see 20 Colo. Law. 453 (1991); for article, "New Rules on ADR: Professional Ethics, Shotguns and Fish", see 21 Colo. Law. 1877 (1992); for article, "Alternative Dispute Resolution in Colorado", see 22 Colo. Law. 1445 (1993); for article, "ADR: Important Options for Municipal Government", see 24 Colo. Law. 1279 (1995); for article, "Alternative Dispute Resolution Meets the Administrative Process", see 24 Colo. Law. 1549 (1995); for article, "Civil Mediation: Where, When and Why It Is Effective", see 24 Colo. Law. 1261 (1995); for article, "Alternative Dispute Resolution in Colorado", see 28 Colo. Law. 67 (Sept. 1999); for article, "The Mediation Privilege", see 29 Colo. Law. 65 (Nov. 2000); for article, "Mediating with Handkerchiefs: The New Model Standards for Divorce Mediation", see 31 Colo. Law. 69 (Jan. 2002); for article, "The Uniform Mediation Act: Its Potential Impact on Colorado Mediation Practice--Part I", see 31 Colo. Law. 61 (May 2002); for article, "The Uniform Mediation Act: Its Potential Impact on Colorado Mediation Practice--Part II", see 31 Colo. Law. 67 (June 2002); for article, "The Uniform Mediation Act: Its Potential Impact on Colorado Mediation Practice--Part III", see 31 Colo. Law. Colorado Revised Statutes 2019 Page 318 of 584 Uncertified Printout 101 (July 2002); for article, "Colorado Law on Mediation: A Primer", see 35 Colo. Law. 21 (March 2006); for article, "Complex Confidentiality Issues in Mediation", see 44 Colo. Law. 23 (Jan. 2015); for article, "Good Faith and the Duty of Disclosure", see 44 Colo. Law. 41 (Aug. 2015); for article, "Mediating the Interactive Process", see 46 Colo. Law. 35 (May 2017). 13-22-301. Short title. This part 3 shall be known and may be cited as the "Dispute Resolution Act". Source: L. 83: Entire part added, p. 624, § 1, effective July 1. 13-22-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Arbitration" means the referral of a dispute to one or more neutral third parties for a decision based on evidence and testimony provided by the disputants. (1.3) "Chief justice" means the chief justice of the Colorado supreme court. (1.7) "Director" means the director of the office of dispute resolution. (2) "Early neutral evaluation" means an early intervention in a lawsuit by a courtappointed evaluator to narrow, eliminate, and simplify issues and assist in case planning and management. Settlement of the case may occur under early neutral evaluation. (2.1) "Fact finding" means an investigation of a dispute by a public or private body that examines the issues and facts in a case and may or may not recommend settlement procedures. (2.3) "Med-arb" means a process in which parties begin by mediation, and failing settlement, the same neutral third party acts as arbitrator of the remaining issues. (2.4) "Mediation" means an intervention in dispute negotiations by a trained neutral third party with the purpose of assisting the parties to reach their own solution. (2.5) "Mediation communication" means any oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon by the parties. (2.7) "Mediation organization" means any public or private corporation, partnership, or association which provides mediation services or dispute resolution programs through a mediator or mediators. (3) "Mediation services" or "dispute resolution programs" means a process by which parties involved in a dispute, whether or not an action has been filed in court, agree to enter into one or more settlement discussions with a mediator in order to resolve their dispute. (4) "Mediator" means a trained individual who assists disputants to reach a mutually acceptable resolution of their disputes by identifying and evaluating alternatives. (4.3) "Mini-trial" means a structured settlement process in which the principals involved meet at a hearing before a neutral advisor to present the merits of each side of the dispute and attempt to formulate a voluntary settlement. (4.5) "Multi-door courthouse concepts" means that form of alternative dispute resolution in which the parties select any combination of problem solving methods designed to achieve Colorado Revised Statutes 2019 Page 319 of 584 Uncertified Printout effective resolution, including, but not limited to, arbitration, early neutral evaluation, med-arb, mini-trials, settlement conference, special masters, and summary jury trials. (5) "Office" means the office of dispute resolution. (6) "Party" means a mediation participant other than the mediator and may be a person, public officer, corporation, partnership, association, or other organization or entity, either public or private. (7) "Settlement conference" means an informal assessment and negotiation session conducted by a legal professional who hears both sides of the case and may advise the parties on the law and precedent relating to the dispute and suggest a settlement. (8) "Special master" means a court-appointed magistrate, auditor, or examiner who, subject to specifications and limitations stated in the court order, shall exercise the power to regulate all proceedings in every hearing before such special master, and to do all acts and take all measures necessary or proper for compliance with the court's order. (9) "Summary jury trial" means summary presentations in complex cases before a jury empaneled to make findings which may or may not be binding. Source: L. 83: Entire part added, p. 624, § 1, effective July 1. L. 88: (3) amended and (6) added, p. 605, § 1, effective July 1. L. 91: (2.5) and (2.7) added and (3) amended, p. 369, § 1, effective July 1. L. 92: (1) and (2) amended and (1.3), (1.7), (2.1), (2.3), (2.4), (4.3), (4.5), (7), (8), and (9) added, p. 298, § 2, effective June 2. Cross references: For the legislative declaration contained in the 1992 act amending subsections (1) and (2) and enacting subsections (1.3), (1.7), (2.1), (2.3), (2.4), (4.3), (4.5), (7), (8), and (9), see section 1 of chapter 66, Session Laws of Colorado 1992. 13-22-303. Office of dispute resolution - establishment. There is hereby established in the judicial department the office of dispute resolution, the head of which shall be the director of the office of dispute resolution, who shall be appointed by the chief justice of the supreme court and who shall receive such compensation as determined by the chief justice. Source: L. 83: Entire part added, p. 624, § 1, effective July 1. 13-22-304. Director - assistants. The director shall be an employee of the judicial department and shall be responsible to the chief justice for the administration of the office. The director may be but need not be an attorney and shall be hired on the basis of training and experience in management and mediation. The director, subject to the approval of the chief justice, may appoint such additional employees as deemed necessary for the administration of the office of dispute resolution. Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 88: Entire section amended, p. 605, § 2, effective July 1. 13-22-305. Mediation services. (1) In order to resolve disputes between persons or organizations, dispute resolution programs shall be established or made available in such judicial districts or combinations of such districts as shall be designated by the chief justice of the Colorado Revised Statutes 2019 Page 320 of 584 Uncertified Printout supreme court, subject to moneys available for such purpose. For all office of dispute resolution programs, the director shall establish rules, regulations, and procedures for the prompt resolution of disputes. Such rules, regulations, and procedures shall be designed to establish a simple nonadversary format for the resolution of disputes by neutral mediators in an informal setting for the purpose of allowing each participant, on a voluntary basis, to define and articulate the participant's particular problem for the possible resolution of such dispute. (2) Persons involved in a dispute shall be eligible for the mediation services set forth in this section before or after the filing of an action in either the county or the district court. (3) Each party who uses the mediation services or ancillary forms of alternative dispute resolution in section 13-22-313 of the office of dispute resolution shall pay a fee as prescribed by order of the supreme court. Fees shall be set at a level necessary to cover the reasonable and necessary expenses of operating the program. Any fee may be waived at the discretion of the director. The fees established in this part 3 shall be transmitted to the state treasurer, who shall credit the same to the dispute resolution fund created in section 13-22-310. (4) All rules, regulations, and procedures established pursuant to this section shall be subject to the approval of the chief justice. (5) No adjudication, sanction, or penalty may be made or imposed by any mediator or the director. (6) The liability of mediators shall be limited to willful or wanton misconduct. Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 88: (1), (2), and (3) amended and (6) added, p. 606, § 3, effective July 1. L. 91: (1), (3), and (6) amended, p. 370, § 2, effective July 1. L. 92: (3) amended, p. 300, § 4, effective June 2. Cross references: For the legislative declaration contained in the 1992 act amending subsection (3), see section 1 of chapter 66, Session Laws of Colorado 1992. 13-22-306. Office of dispute resolution programs - mediators. In order to implement the dispute resolution programs described in section 13-22-305, the director may contract with mediators or mediation organizations on a case-by-case or service or program basis. Such mediators or mediation organizations shall be subject to the rules, regulations, procedures, and fees set by the director. The tasks of the mediators or mediation organizations shall be defined by the director. The director may also use qualified volunteers to assist in mediation service or dispute resolution program efforts. Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 88: Entire section R&RE, p. 606, § 4, effective July 1. L. 91: Entire section amended, p. 370, § 3, effective July 1. 13-22-307. Confidentiality. (1) Dispute resolution meetings may be closed at the discretion of the mediator. (2) Any party or the mediator or mediation organization in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the mediator or a mediation organization, unless and to the extent that: Colorado Revised Statutes 2019 Page 321 of 584 Uncertified Printout (a) All parties to the dispute resolution proceeding and the mediator consent in writing; or (b) The mediation communication reveals the intent to commit a felony, inflict bodily harm, or threaten the safety of a child under the age of eighteen years; or (c) The mediation communication is required by statute to be made public; or (d) Disclosure of the mediation communication is necessary and relevant to an action alleging willful or wanton misconduct of the mediator or mediation organization. (3) Any mediation communication that is disclosed in violation of this section shall not be admitted into evidence in any judicial or administrative proceeding. (4) Nothing in this section shall prevent the discovery or admissibility of any evidence that is otherwise discoverable, merely because the evidence was presented in the course of a mediation service proceeding or dispute resolution proceeding. (5) Nothing in this section shall prevent the gathering of information for research or educational purposes, or for the purpose of evaluating or monitoring the performance of a mediator, mediation organization, mediation service, or dispute resolution program, so l