Fabio
106 lines
8.8 KiB
Markdown
106 lines
8.8 KiB
Markdown
---
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type: "Bill"
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title: "Abuse in Cases of Separation"
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description: "The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or household member; and clarifies that the conduct in the definition of domestic violence is domestic violence regardless of whether it constitutes a criminal offense. A person's protective behaviors do not constitute domestic violence. For purposes of determining the allocation of parental responsibilities based on the best interests of the child, the act requires that for any evidence submitted to the court concerning whether a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the court may consider any relevant and admissible evidence, and the court shall make findings on the record by a preponderance of the evidence whether the party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child. If the court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the act outlines the considerations that the court must undertake when determining decision-making responsibility and parenting time. Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the act requires that the accused party participate in treatment with a mental health professional who holds a master's or doctoral degree and a mental health professional license and has specialized training and expertise in treating survivors and perpetrators of domestic violence and child abuse and the effects of domestic violence and child abuse.(Note: This summary applies to this bill as enacted.)"
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jurisdiction: "us/states/co"
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legislature: "Colorado General Assembly"
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session: "2026A"
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identifier: "HB 1309"
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citation: "Colorado HB 1309 (2026A)"
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classification: ["bill"]
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subjects: ["Children & Domestic Matters", "Courts & Judicial"]
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status: "enacted"
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primary_sponsors: ["K. Wallace", "M. Froelich", "T. Story"]
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version_count: 7
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action_count: 15
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vote_count: 9
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first_action: "2026-03-02"
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last_action: "2026-05-27"
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source: "openstates"
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source_identifier: "ocd-bill/5a4234d7-bd5a-4715-a8e7-a99638013469"
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source_url: "https://leg.colorado.gov/bills/HB26-1309"
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source_hash: "9d9074696c1167abf43b36a56bdb3fac67d78959a3a89865db838be0c0bf6388"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-co"]
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---
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# Colorado HB 1309 (2026A) — Abuse in Cases of Separation
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The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or household member; and clarifies that the conduct in the definition of domestic violence is domestic violence regardless of whether it constitutes a criminal offense. A person's protective behaviors do not constitute domestic violence. For purposes of determining the allocation of parental responsibilities based on the best interests of the child, the act requires that for any evidence submitted to the court concerning whether a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the court may consider any relevant and admissible evidence, and the court shall make findings on the record by a preponderance of the evidence whether the party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child. If the court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the act outlines the considerations that the court must undertake when determining decision-making responsibility and parenting time. Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the act requires that the accused party participate in treatment with a mental health professional who holds a master's or doctoral degree and a mental health professional license and has specialized training and expertise in treating survivors and perpetrators of domestic violence and child abuse and the effects of domestic violence and child abuse.(Note: This summary applies to this bill as enacted.)
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://leg.colorado.gov/bill_files/112776/download)
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2. **Engrossed** (committee substitute) — [source](https://leg.colorado.gov/bill_files/115845/download)
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3. **Final Act** (committee substitute) — [source](https://leg.colorado.gov/bill_files/116594/download)
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4. **Reengrossed** (committee substitute) — [source](https://leg.colorado.gov/bill_files/115993/download)
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5. **Rerevised** (committee substitute) — [source](https://leg.colorado.gov/bill_files/116478/download)
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6. **Revised** (committee substitute) — [source](https://leg.colorado.gov/bill_files/116428/download)
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7. **Signed Act** (committee substitute) — [source](https://leg.colorado.gov/bill_files/116743/download)
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## Votes
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- Adopt amendment L.004 — **pass** (pass) · lower
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- Adopt amendment L.009 (Attachment D). — **pass** (pass) · upper
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- Refer House Bill 26-1309, as amended, to the Committee of the Whole. — **pass** (pass) · lower
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- Adopt amendment L.001 (Attachment A). — **pass** (pass) · lower
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- Adopt amendment L.003 (Attachment C). — **fail** (fail) · lower
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- Adopt amendment L.005 — **pass** (pass) · lower
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- Refer House Bill 26-1309, as amended, to the Committee of the Whole. — **pass** (pass) · upper
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- BILL — **pass** (pass) · lower
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- Refer House Bill 26-1309, as amended, to the Committee on Appropriations. — **pass** (pass) · lower
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## Sponsors
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- K. Wallace — primary (person)
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- M. Froelich — primary (person)
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- T. Story — primary (person)
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- C. Clifford — cosponsor (person)
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- C. Kipp — cosponsor (person)
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- E. Sirota — cosponsor (person)
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- G. Rydin — cosponsor (person)
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- J. Amabile — cosponsor (person)
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- J. Coleman — cosponsor (person)
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- J. Marchman — cosponsor (person)
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- J. Willford — cosponsor (person)
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- K. Brown — cosponsor (person)
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- K. Nguyen — cosponsor (person)
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- L. Cutter — cosponsor (person)
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- L. Goldstein — cosponsor (person)
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- M. Duran — cosponsor (person)
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- M. Lindsay — cosponsor (person)
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- M. Rutinel — cosponsor (person)
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- S. Lieder — cosponsor (person)
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- T. Exum — cosponsor (person)
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- W. Lindstedt — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2026-05-27** Governor Signed `executive-signature`
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- **2026-05-21** Sent to the Governor `executive-receipt`
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- **2026-05-21** Signed by the President of the Senate `passage`
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- **2026-05-21** Signed by the Speaker of the House `passage`
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- **2026-05-13** House Considered Senate Amendments - Result was to Concur - Repass
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- **2026-05-13** Senate Third Reading Passed - No Amendments `passage, reading-3`
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- **2026-05-12** Senate Second Reading Special Order - Passed with Amendments - Committee
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- **2026-05-11** Senate Second Reading Special Order - Laid Over Daily - No Amendments
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- **2026-05-07** Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole `committee-passage, referral-committee`
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- **2026-05-07** Introduced In Senate - Assigned to State, Veterans, & Military Affairs `introduction`
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- **2026-05-06** House Third Reading Passed - No Amendments `passage, reading-3`
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- **2026-05-05** House Second Reading Special Order - Passed with Amendments - Committee, Floor
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- **2026-05-05** House Committee on Appropriations Refer Amended to House Committee of the Whole `committee-passage, referral-committee`
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- **2026-03-31** House Committee on Judiciary Refer Amended to Appropriations `referral-committee`
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- **2026-03-02** Introduced In House - Assigned to Judiciary `introduction`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/5a4234d7-bd5a-4715-a8e7-a99638013469`. Confidence: reported (aggregated from official Colorado legislature records).
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