Sec. 50-43. Protections and rights for victims of domestic violence.
It is the intent of the city that victims, victims' families, and witnesses of a violation of an act of domestic violence receive protections and rights equivalent to those afforded to victims, victims' families, and witnesses pursuant to the "Victim Rights Act," Part 3 of Article 4.1 of Title 24 of the Colorado Revised Statutes (C.R.S.), as it relates to an act of domestic violence.
(1) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
a. "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
b. "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of a child regardless of whether the persons have been married or have lived together at any time.
(2) Applicable offenses.
a. Any offense identified by law enforcement prior to the filing of charges as domestic violence, as defined in C.R.S. Section 18-6-800.3.
b. Any offense identified by the prosecuting attorney in a formal criminal charge as domestic violence, as defined in C.R.S. Section 18-6-800.3.
c. Any offense, 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 C.R.S. Section 18-6-800.3.
(3) Duties and responsibilities.
a. The Aurora police department shall provide the equivalent rights afforded to victims pursuant to C.R.S. Sections 24-4.1-303(2), (5), (7), (9), (10), and (14.9).
b. The Aurora city attorney's office shall provide the equivalent rights afforded to victims pursuant to C.R.S. Sections 24-4.1-303(3), (3.5), (4), (5), (6), (7), (9), (11), (12), and (13). The prosecuting attorney who initially meets with the victim after charges are filed shall make a reasonable effort to remain as the prosecuting attorney throughout the proceeding.
c. The Aurora municipal court shall provide the equivalent rights afforded to victims pursuant to C.R.S. Section 24-4.1-303(3.5), (6), (14.4), (14.5), and (14.7).
1. The Aurora municipal court shall issue a municipal protection order that meets the minimum standards required pursuant to C.R.S. Sections 18-1-1001(3) and (5), to the extent consistent with the jurisdiction of the municipal court.
2. The Aurora municipal court shall impose conditions for release on bond consistent with the conditions described in C.R.S. Section 16-4-105(4) and (4.1).
3. The Aurora municipal court shall report or cause to be reported the alleged violation to the Colorado Bureau of Investigation created in C.R.S. Section 24-33.5-401, and enter the information into the Colorado Crime Information Center database and the National Crime Information Center database.
4. The Aurora municipal court shall search the Colorado Bureau of Investigation created in C.R.S. Section 24-33.5-401, the Colorado Crime Information Center database and the National Crime Information Center database to determine if the defendant has a history of domestic violence.
d. The Aurora municipal probation department shall provide the equivalent rights afforded to victims pursuant to C.R.S. Section 24-4.1-303(13.5).
e. The Aurora police department, the Aurora city attorney's office, the Aurora municipal court, and the Aurora municipal probation department are responsible for ensuring victims are afforded equivalent rights to those described in C.R.S. Section 24-4.1-302.5.
(4) Sentencing in domestic violence cases.
a. Upon conviction for an offense involving an allegation of domestic violence, the Aurora municipal court shall impose sentencing that is equivalent to the domestic violence sentences described in C.R.S. Sections 18-6-801(1), (3), (4), (5), (6), and (8), to the extent consistent with the jurisdiction of the municipal court.
b. Upon imposition of a sentence to probation, the court shall impose conditions of probation that the court may impose consistent with the conditions described in C.R.S. Section 18-1.3-204(2).
c. Sentences imposed in domestic violence cases shall be made consistent with guidelines and standards adopted by the Domestic Violence Offender Management Board pursuant to C.R.S. Section 16-11.8-103(4).
d. Any case involving a domestic violence offense, as defined in C.R.S. Section 18-6-800.3, is a misdemeanor for purposes of complying with 18 U.S.C. Section 921. (Ord. No. 2023-63, § 1, 11-27-2023)