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--- version:Introduced
+++ version:(document, no version)
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-Second Regular Session
-Seventy-fifth General Assembly
-STATE OF COLORADO
-INTRODUCED
+House Committee of Reference Report: Not Amended
 
-LLS NO. 26-0595.01 Veronica Parish x2606 HOUSE BILL 26-1131
-House Committees Senate Committees
-Judiciary
-A BILL FOR AN ACT
-CONCERNING THE CUSTODY OF PET ANIMALS.101
-Bill Summary
-(Note:  This summary applies to this bill as introduced and does
-not reflect any amendments that may be subsequently adopted. If this bill
-passes third reading in the house of introduction, a bill summary that
-applies to the reengrossed version of this bill will be available at
-http://leg.colorado.gov
-.)
-The bill gives the courts authority to make determinations for the
-care and custody of pet animals in proceedings for dissolution of marriage
-and legal separation. The bill permits a court to issue an emergency
-protection order concerning the custody and care of a pet animal.
-Be it enacted by the General Assembly of the State of Colorado:1
-HOUSE SPONSORSHIP
-Valdez,
-SENATE SPONSORSHIP
-(None),
-Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
-Capital letters or bold & italic numbers indicate new material to be added to existing law.
-Dashes through the words or numbers indicate deletions from existing law.
-SECTION 1.  In Colorado Revised Statutes, add 14-10-113.2 as1
-follows:2
-14-10-113.2. Disposition of pet animal - definition.3
-(1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
-REQUIRES, "PET ANIMAL " HAS THE MEANING SET FORTH IN SECTION5
-35-80-102.6
-(2)  I N A PROCEEDING FOR DISSOLUTION OF MARRIAGE OR IN A7
-PROCEEDING FOR LEGAL SEPARATION OR IN A PROCEEDING FOR8
-DISPOSITION OF PROPERTY FOLLOWING THE PREVIOUS DISSOLUTION OF9
-MARRIAGE BY A COURT THAT AT THE TIME OF THE PRIOR DISSOLUTION OF10
-THE MARRIAGE LACKED PERSONAL JURISDICTION OVER THE ABSENT11
-SPOUSE OR LACKED JURISDICTION TO DISPOSE OF THE PROPERTY , THE12
-COURT, UPON THE REQUEST OF A PARTY , SHALL AWARD CARE AND13
-CUSTODY OF A PET ANIMAL.14
-(3)  IN AWARDING SOLE OR SHARED CUSTODY OF A PET ANIMAL ,15
-THE COURT SHALL CONSIDER THE BEST INTEREST OF THE PET ANIMAL ,16
-TAKING INTO ACCOUNT THE PET ANIMAL 'S HEALTH, SAFETY, COMFORT,17
-AND WELL -BEING, AND ANY RELEVANT FACTS , INCLUDING , BUT NOT18
-LIMITED TO:19
-(a)  W HETHER THE PARTIES ARE SEEKING SOLE OR SHARED20
-CUSTODY OF THE PET ANIMAL;21
-(b)  E ACH PARTY 'S HISTORY WITH THE PET ANIMAL , INCLUDING22
-WHO ACQUIRED THE ANIMAL; THE SUBSEQUENT AMOUNT OF TIME SPENT23
-WITH THE PET ANIMAL ; EXPENSES INCURRED IN CARING FOR THE PET24
-ANIMAL; AND PET ANIMAL CAREGIVING RESPONSIBILITIES UNDERTAKEN BY25
-EACH PARTY , S U C H  A S  F E E D I N G, WALKING , PLAYING , GROOMING ,26
-TRAINING, AND VETERINARY VISITS;27
-HB26-1131-2-
-(c)  T HE EMOTIONAL ATTACHMENT OF EACH PARTY TO THE PET1
-ANIMAL, AND , IF RELEVANT , THE EMOTIONAL ATTACHMENT OF ANY2
-CHILDREN IN THE HOUSEHOLD TO THE PET ANIMAL; AND3
-(d)  W HETHER THE COURT FINDS BY A PREPONDERANCE OF THE4
-EVIDENCE THAT ONE OF THE PARTIES HAS COMMITTED ABUSE, CRUELTY,5
-NEGLECT, OR VIOLENCE TOWARD AN ANIMAL OR A HUMAN.6
-(4)  IN AWARDING SHARED CUSTODY OF A PET ANIMAL, THE COURT7
-SHALL ORDER A DIVISION OF CARE AND CUSTODY , INCLUDING, BUT NOT8
-LIMITED TO , THE DIVISION OF TIME AND EXPENSES FOR FOOD , TOYS ,9
-GROOMING, TRAINING , AND VETERINARY VISITS . IN THE EVENT OF A10
-SUBSTANTIAL CHANGE OF CIRCUMSTANCE , A PARTY MAY FILE A11
-COMPLAINT FOR MODIFICATION.12
-(5)  BEFORE THE COURT AWARDS CUSTODY OF A PET ANIMAL:13
-(a)  THE PET ANIMAL SHALL NOT BE TRANSFERRED, ENCUMBERED,14
-CONCEALED, OR DISPOSED OF WITHOUT THE WRITTEN AGREEMENT OF ALL15
-PARTIES OR AN ORDER OF THE COURT; AND16
-(b)  A  PARTY MAY SEEK A TEMPORARY ORDER REGARDING17
-CUSTODY, CARE, AND PAYMENT OF EXPENSES OF THE PET ANIMAL OR A18
-PROTECTION ORDER , BUT A PARTY MUST NOT BE PREJUDICED BY A19
-TEMPORARY ORDER WHEN SEEKING A FINAL DISPOSITION OF THESE ISSUES.20
-(6)  A NY TIME PRIOR TO THE COURT AWARDING CARE AND21
-CUSTODY OF A PET ANIMAL, THE PARTIES MAY ENTER INTO AN AGREEMENT22
-ALLOCATING THE SOLE OR SHARED CUSTODY OF THE PET ANIMAL.23
-(7)  T HE COURT MAY ENFORCE A PET ANIMAL CUSTODY24
-AGREEMENT, INCLUDING THROUGH A COMPLAINT FOR CONTEMPT TO25
-ENFORCE A JUDGMENT OF DIVORCE AND SEPARATION AGREEMENT AND26
-THROUGH A COMPLAINT IN EQUITY TO ENFORCE AN AGREEMENT ENTERED27
-HB26-1131-3-
-INTO BY NONMARRIED INDIVIDUALS . THE COURT MAY AWARD AN1
-EQUITABLE REMEDY, INCLUDING SHARED CUSTODY OR BY DETERMINING2
-THAT SOLE CUSTODY BY ONE PARTY IS IN THE BEST INTEREST OF THE PET3
-ANIMAL USING THE PROCESS ESTABLISHED IN THIS SECTION.4
-SECTION 2.  In Colorado Revised Statutes, 14-10-113, amend5
-(1) introductory portion as follows:6
-14-10-113.  Disposition of property - definitions.7
-(1)  In a proceeding for dissolution of marriage or in a proceeding8
-for legal separation or in a proceeding for disposition of property9
-following the previous dissolution of marriage by a court which THAT at10
-the time of the prior dissolution of the marriage lacked personal11
-jurisdiction over the absent spouse or lacked jurisdiction to dispose of the12
-property, the court, subject to the provisions of subsection (7) of this13
-section, AND SUBJECT TO SECTION 14-10-113.2 FOR DETERMINING14
-CUSTODY OF A PET ANIMAL, shall set apart to each spouse his or her THEIR15
-property and shall divide the marital property, without regard to marital16
-misconduct, in such proportions as the court deems just after considering17
-all relevant factors, including:18
-SECTION 3.  In Colorado Revised Statutes, 13-14-103, amend19
-(1)(b)(V), (1)(b)(VI), (1)(b)(VII), and (2)(a) as follows:20
-13-14-103.  Emergency protection orders.21
-(1) (b)  An emergency protection order issued pursuant to this22
-subsection (1) may include:23
-(V)  Restraining a party from molesting, injuring, killing, taking,24
-transferring, encumbering, concealing, disposing of, or threatening harm25
-to an animal owned, possessed, leased, kept, or held by any other party,26
-a minor child of either of the parties, or an elderly or at-risk adult; or27
-HB26-1131-4-
-(VI)  Specifying arrangements for possession and care of an1
-animal owned, possessed, leased, kept, or held by any other party, a minor2
-child of either of the parties, or an elderly or at-risk adult; OR3
-(VII)  A WARDING TEMPORARY CUSTODY AND CARE OF A PET4
-ANIMAL OF A PARTY INVOLVED.5
-(2) (a)  A verbal emergency protection order may be issued6
-pursuant to subsection (1) of this section only if the issuing judge finds7
-that the risk or threat of physical harm or the threat of psychological or8
-emotional harm exists in close proximity to one or more persons or that9
-the risk or threat of physical harm or the threat of psychological or10
-emotional harm exists to the life or health of the minor child OR THE PET11
-ANIMAL OF A PARTY INVOLVED in the reasonably foreseeable future.12
-SECTION 4.  Act subject to petition - effective date.  This act13
-takes effect at 12:01 a.m. on the day following the expiration of the14
-ninety-day period after final adjournment of the general assembly (August15
-12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a16
-referendum petition is filed pursuant to section 1 (3) of article V of the17
-state constitution against this act or an item, section, or part of this act18
-within such period, then the act, item, section, or part will not take effect19
-unless approved by the people at the general election to be held in20
-November 2026 a nd, in such cas e, will take effect on the date of the21
-official declaration of the vote thereon by the governor.22
-HB26-1131-5-
+Committee on Judiciary
+
+February 24, 2026
+
+After consideration on the merits, the Committee recommends the following:
+
+HB26-1131   be referred favorably to the Committee on  Appropriations.