HB 25-1148 CO Became Law
Criminal Protection Order & Protection Order Violation
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Summary
Under existing law, a person charged with a criminal offense is subject to a criminal protection order, which remains in effect until final disposition of the criminal action. The act: Prescribes what must be included in the standardized form for a criminal protection order; Limits a criminal protection order to orders for the protection of a witness to, or victim of, the acts charged and prohibits a court from including in a criminal protection order an order to enforce a mandated condition of bond or a condition of bond that assists in obtaining the appearance of the defendant in court or ensuring community safety; Requires a court to inform a defendant that a violation of a criminal protection order may constitute a misdemeanor offense of violation of a protection order and that conduct that violates the criminal protection order may constitute a felony offense of intimidating a witness or victim or retaliation against a witness or victim; Only allows a criminal protection order to prohibit possession or consumption of alcohol or controlled substances without a valid prescription when available information supports a sufficient nexus between that restriction and the safety of the alleged victim or witness; except that, in a case involving domestic violence or crimes listed in the "Victim Rights Act", the court may enter an order prohibiting possession or consumption of alcohol or controlled substances without a valid prescription if the court deems it appropriate for the safety of an alleged victim or witness; and Requires a court to review a criminal protection order at the time of sentencing or other resolution of the criminal case. Under existing law, a sentence for violating a protection order runs consecutively with any sentence imposed for the crime that gave rise to the protection order. The act limits this consecutive sentence provision to crimes involving domestic violence or crimes listed in the "Victim Rights Act". The act grants a peace officer discretion to arrest, seek a warrant to arrest, or issue a summons to a restrained person for violating, or attempting to violate, a protection order by possessing or consuming alcohol or controlled substances; violating a term included in the protection order to protect the protected person from imminent danger to life or health in cases that do not involve domestic violence or crimes listed in the "Victim Rights Act"; or failing to timely file a signed affidavit or written statement with the court as required by law. (Note: This summary applies to this bill as enacted.)
Sponsors (4)
- Jennifer Bacon Democratic · primary
- Michael Carter Democratic · primary
- Julie Gonzales Democratic · primary
- Mike Weissman Democratic · primary
15 coauthors / cosponsors
- K. Brown Democratic · cosponsor
- R. English Democratic · cosponsor
- J. Jackson Democratic · cosponsor
- M. Lindsay Democratic · cosponsor
- J. Mabrey Democratic · cosponsor
- T. Story Democratic · cosponsor
- A. Valdez Democratic · cosponsor
- J. Willford Democratic · cosponsor
- Y. Zokaie Democratic · cosponsor
- M. Ball Democratic · cosponsor
- J. Coleman Democratic · cosponsor
- L. Cutter Democratic · cosponsor
- T. Exum Democratic · cosponsor
- I. Jodeh Democratic · cosponsor
- K. Wallace Democratic · cosponsor
Action history (12)
- Apr 30, 2025 Governor Signed · executive
- Apr 24, 2025 Sent to the Governor · executive
- Apr 24, 2025 Signed by the President of the Senate · upper
- Apr 23, 2025 Signed by the Speaker of the House · lower
- Apr 4, 2025 Senate Third Reading Passed - No Amendments · upper
- Apr 3, 2025 Senate Second Reading Special Order - Passed - No Amendments · upper
- Mar 31, 2025 Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole · upper
- Mar 10, 2025 Introduced In Senate - Assigned to Judiciary · upper
- Mar 5, 2025 House Third Reading Passed - No Amendments · lower
- Mar 4, 2025 House Second Reading Special Order - Passed with Amendments - Committee · lower
- Feb 26, 2025 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
- Jan 29, 2025 Introduced In House - Assigned to Judiciary · lower
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