2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 10 - ORDERS AND PROCEEDINGS AGAINST DEFENDANT (§§ 18-1-1001 — 18-1-1002) › Section 18-1-1001.5 - Protection order against defendant - transfer of wireless telephone service in domestic violence cases - definitions

(1)
In addition to the options described in section
18-1-1001(3)
, upon a discretionary motion of the district attorney or on the court's own motion for the protection of an alleged victim or witness in a case involving domestic violence, as defined in section
18-6-800.3(1)
, and cases involving crimes listed in section
24-4.1-302(1)
, except those listed in subsections (1)(cc.5) and (1)(cc.6) of that section, the court may enter an order directing a wireless telephone service provider to transfer the financial responsibility for and rights to a wireless telephone number or numbers to the alleged victim or witness if the alleged victim or witness:
(a)
Is not the account holder; and
(b)
Proves by a preponderance of the evidence that the alleged victim or witness and any minor children in his or her care are the primary users of each wireless telephone number that will be ordered to be transferred by a court pursuant to this section.
(2)
(a)
An order transferring the financial responsibility for and rights to a wireless telephone number or numbers to an alleged victim or witness pursuant to this section must be a separate written order that is directed to the wireless telephone service provider.
(b)
The order must list the name and billing telephone number of the account holder, the name and contact information of the alleged victim or witness to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to the alleged victim or witness.
(c)
The court shall ensure that the alleged victim's or witness's contact information is not provided to the account holder in proceedings held pursuant to this section.
(d)
The order must be sent or delivered in person or electronically by the protected party to the wireless telephone service provider's registered agent.
(e)
A wireless telephone service provider shall terminate the account holder's use of a telephone number that the court has ordered to be transferred to the alleged victim or witness pursuant to this section unless the wireless telephone service provider notifies the alleged victim or witness and the court within five business days after the wireless telephone service provider receives the order either that an account holder named in the order has terminated the account or that the requested transfer cannot be effectuated due to differences in network technology that prevent functionality of a device on the network or due to geographic limitations on network or service availability.
(3)
A transfer ordered pursuant to this section does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the alleged victim or witness as part of the transfer of financial responsibility for a wireless telephone number or numbers and any devices attached to the number or numbers, including, without limitation, identification, financial information, and customer preferences.
(4)
A wireless telephone service provider is immune from civil liability for complying with an order to transfer a telephone number pursuant to this section.
(5)
The issuance of a protection order pursuant to this section does not preclude a court from issuing a protective order in a civil proceeding.
(6)
For purposes of this section:
(a)
"Account holder" means a defendant who:
(I)
Is charged with an offense, the underlying basis of which includes an act of domestic violence, as defined in section
18-6-800.3(1)
, or a crime listed in section
24-4.1-302(1)
, except for those crimes listed in subsections (1)(cc.5) and (1)(cc.6) of that section; and
(II)
Maintains an account with a wireless telephone service provider.
(b)
"Financial responsibility" means an obligation to pay service fees and other costs and charges associated with any telephone number.
(c)
"Wireless telephone service provider" means a person or entity that provides or resells commercial mobile service, as defined in section
47 U.S.C. sec. 332(d)(1)
.
Added by 2018 Ch. 50,§ 2, eff. 11/1/2018.
L. 2018: Entire section added, (SB 18-060), ch. 50, p. 488, § 2, effective November 1.