86C80EDAD0EEB6CA87258640005CF121 Hearing Summary

Marie Moses, Chair of the CBA Family Law Section Legislative Committee, stated that the section has no concerns with enacting this Act. The commission expressed some concerns regarding §13-14-203 (3) of the act, allowing law enforcement to determine probable cause or validity of a protection order if a physical order is not presented. These situations can be difficult to handle and the parties may have different requests and orders. Current standard practice is to keep the protective order on your person at all times. Commissioner Whitfield pointed out that the Act requires a registry and in addition, the courts should have protective orders posted online and law enforcement can check that information remotely. Commissioner Morris requested the Act be amended prior to introduction, in §13-14-205, regarding which state agency is responsible for registering Canadian protective orders. Commissioner Scott also expressed concerns regarding the immunity if acting in good faith provisions in §13-14-206. Commissioner Tipper asked if this carves out another exception in SB20-217. The commission decided to try to address concerns through amendments as the bill moves forward.