DENVER — Survivors of domestic violence shared their harrowing accounts of the cyclical crime inside the Colorado State Capitol on Wednesday afternoon, telling legislators they believe a new bipartisan bill will save lives, if it becomes law.
House Bill 26-1009 mandates law enforcement officers conduct a domestic violence lethality assessment when responding to such calls for service. If the assessment determines there is a "high-risk victim" involved, then officers must immediately connect them with a victim's advocate.
The decision to participate in the lethality assessment would be left to the victim.
▶️ Watch Colette Bordelon's full report in the video player below
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Bill mandates law enforcement assess lethality of domestic violence situations
The legislation also requires the Colorado Attorney General, alongside a coalition of advocates, to create a training for law enforcement that explains how to best handle the assessment.
Finally, HB26-1009 asks the Attorney General to report the data gathered from the assessments to lawmakers starting in 2028. Then, in 2030, the Domestic Violence Fatality Review Board would evaluate how effective the assessments and referrals are when it comes to helping victims break the cycle.
The bill passed out of the House Judiciary Committee with a unanimous vote following roughly three hours of emotional testimony.
One of the first people to speak to lawmakers was Morgan Marilley McGarvey, a domestic violence survivor who lives in Boulder.
"There's always a risk in sharing your story, and it's also quite empowering and healing," Marilley McGarvey told Denver7. "My hope is that my experience, sharing my experience, allows people to get a different insight into what this hidden epidemic can look like."
Marilley McGarvey explained that in 2021, she called 911 before she fully understood how dangerous her relationship was at the time. Responding officers conducted a domestic violence lethality assessment, and Marilley McGarvey was considered a high-risk victim.
Seeing that, in black and white, changed Marilley McGarvey's life.
"I didn't realize that the lethality of the situation was as significant as it was, and once I realized that, I knew that there was no other option. Thank goodness I was connected to resources like Safehouse to be able to get that support," said Marilley McGarvey. "Without being asked those 11 questions, I wouldn't have thought about, 'Could I actually die if I stay?' And the reality was, I very well could have."
According to bill sponsors, the assessment has existed in Colorado since 2020, with 44 Colorado counties already participating in the practice. HB26-1009 would make that assessment mandatory across the state, ensuring all law enforcement follows the same standard.
"While it's very simple, it can be life-changing and very impactful for my community, for the people of Colorado who go through domestic violence," said State Rep. Ryan Gonzalez, R — District 50, who is one of the prime sponsors of the legislation. "Domestic violence is an issue that transcends party lines."
Gonzalez's co-sponsor, House Majority Leader Monica Duran, D — District 23, believes this change in the law could save those trapped in the cycle of domestic violence.
"It's all about safety. It's all about saving lives," Duran said. "I want to stress too, that this is voluntary for the victim. They can decide they don't want to answer these questions. They could decide to answer the questions and not move on to a domestic violence advocate. It's totally in their hands."
Denver7 was provided a copy of a domestic violence lethality assessment used in the 20th Judicial District, a form District Attorney Michael Dougherty told legislators is standardized across Colorado.
The document states law enforcement officers should initiate the assessment when they respond to a call that involves an intimate relationship and they believe a crime was committed. In addition, the questions can be asked if law enforcement senses "the potential for danger is high," or if responding to repeat calls at the same locations with the same individuals.
If a law enforcement officer simply believes someone is in danger, and thinks the lethality assessment ought to be conducted, they can make that decision while responding to a call for service.
The responses recorded in the document are intended to evaluate how dangerous the situation is for a victim, but can also be used to assist in any arrests or subsequent prosecutions in the case.
A 'yes' answer to any of the first three questions on the assessment would automatically lead to a referral to a victim's advocate who can connect them with resources.
The first questions are as follows:
- Have they ever used a weapon against you or threatened you with a weapon?
- Have they threatened to kill you or your children?
- Do you think they might try to kill you?
The questions continue to ask about the offender's access to a weapon, if they are violent or constantly jealous, and if they have ever tried to take their own life. At the end of the form, the victim is asked if there is anything else that worries them about their safety, and they are free to elaborate on what exactly that is.
Law enforcement officers can decide to enact the protocol referral depending on how the last question is answered, or if they genuinely believe the victim is in a "lethal situation."
The two prime sponsors of HB26-1009 in the Colorado House of Representatives may be on different sides of the political spectrum, but they share a lived experience that only bolsters their commitment to this conversation.
"I am a domestic violence survivor, and I look at that as — that is the rest of my life," Duran said. "I was in a marriage. I had a two-year-old son, and I went through the abuse for almost five years. And it was not only emotional and mental and financial, it was physical abuse. At that time, there's such a stigma and something you didn't talk about, and you didn't reach out to anybody. And had I had this tool, or law enforcement had this tool of the assessment form and those 11 questions when they came to my house numerous times, it would have been a huge help for me. I would probably would have gotten out of the situation sooner."
Meanwhile, Gonzalez said he watched his father abuse his mother for roughly 15 years.
"She was one of the lucky ones that, fortunately, is still alive today," Gonzalez said. "Those impacts, the trauma, the hurt, all the pain that it caused — that stays with you, and you carry that with you. You learn from it... We want to make a real change, using my experience to help address the people that this affects."
This is the last legislative session for Duran, whose work inside the Colorado State Capitol has consistently focused on how to better support victims and survivors.
"All the pieces of work and legislation that I have done matter to me, but this is personal, because I've lived it," Duran said, when asked if she believes her work on domestic violence prevention will be a defining feature of her legacy at the Capitol. "I really do hope that this continues long after I'm gone."
Currently, HB26-1009 would mean the state must appropriate $11,780 to the Department of Public Safety if the bill became law. The legislation heads to the Appropriations Committee next.
"We've worked really hard to get that down," Duran said about the cost of the bill. "We've worked with law enforcement, DAs, advocates, to make sure that the cost is held low. We all know where our budget is."
If passed by the state legislature and signed by Governor Jared Polis, mandatory lethality assessments when responding to domestic violence incidents would begin on July 1, 2027.
If you or someone you know is experiencing domestic violence, help is available through Violence Free Colorado or the National Domestic Violence Hotline at 800-799-7233.
