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CO SB024

Bill

Status

Failed

4/27/2023

Primary Sponsor

Barbara Kirkmeyer

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Allows persons subject to a court order in a dependency and neglect proceeding to challenge the order's constitutionality in a contempt proceeding on First Amendment grounds.

  • Creates an exception to Colorado's collateral bar rule, which previously prohibited challenging court orders outside of direct appeals.

  • Designates contempt judgments for violating speech-regulating court orders as final and appealable judgments, with dependency and neglect appeals rules applying to the contempt appeal.

  • Authorizes the Office of the Respondent Parents' Counsel to provide legal representation to indigent parents in contempt proceedings involving speech-regulating court orders, including appeals.

  • Applies retroactively to all court orders issued before, on, or after the effective date; takes effect 90 days after final adjournment of the general assembly unless subject to voter approval via referendum petition.

Legislative Description

First Amendment Collateral Challenge Court Order

Last Action

House Committee on Judiciary Postpone Indefinitely

4/27/2023

Committee Referrals

Judiciary3/11/2023
Judiciary1/10/2023

Full Bill Text

No bill text available