First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0080.01 Jacob Baus x2173
HOUSE BILL 23-1199
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PR OVIDE ADDITIONAL ACCESS TO101
SERVICES FOR VICTIMS OF SEXUAL ASSAULT .102
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 requires the department of public safety (department), by
December 31, 2024, to develop and maintain a statewide system for
victims of alleged sexual assault to monitor the status of evidence
obtained from their forensic medical evidence examinations. The system
must also provide relevant information for victims regarding the
processing, custody, analysis, and destruction of evidence, as well as
HOUSE SPONSORSHIP
Froelich and Soper,
SENATE SPONSORSHIP
Winter F.,
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. contact information for law enforcement and victim resources.
Under current law, the division of criminal justice (division) in the
department administers the sexual assault victim emergency payment
program (program), which assists victims of sexual assault with medical
expenses associated with a sexual assault. The bill repeals the
requirement that the department cap an amount payable per victim based
on reasonable costs and available funds and instead requires the
department to cap amounts payable to medical facilities seeking
reimbursement for services.
The bill prohibits a medical facility that administers a medical
forensic examination to a victim of an alleged sexual assault from billing
the victim or the victim's public or private coverage for medical fees or
costs associated with the examination unless the victim consents to the
billing. A medical facility that administers a forensic medical examination
may seek reimbursement from the program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-33.5-113.52
as follows:3
24-33.5-113.5. Forensic medical evidence in sexual assault4
cases - tracking system. (1) T
HE DEPARTMENT SHALL DEVELOP AND5
MAINTAIN A CONFIDENTIAL AND SECURE STATEWIDE SYSTEM , REFERRED6
TO IN THIS SECTION AS "SYSTEM", FOR VICTIMS OF ALLEGED SEXUAL7
ASSAULT TO MONITOR THE STATUS AND LOCATION OF EVIDENCE OBTAINED8
FROM THEIR FORENSIC MEDICAL EVIDENCE EXAMINATIONS . THE SYSTEM9
MUST BE OPERATIONAL BY DECEMBER 31, 2024. THE DEPARTMENT SHALL10
MAINTAIN AND OPERATE THE SYSTEM .11
(2) (a) (I) I
F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT12
CONSENTS TO ANALYSIS OF THE VICTIM 'S FORENSIC MEDICAL EVIDENCE13
EXAMINATION, THE SYSTEM MUST TRACK THE LOCATION , DATE, AND TIME14
OF THE FOLLOWING RELEVANT STAGES :15
(A) F
ORENSIC MEDICAL EVIDENCE EXAMINATION ;16
(B) P
OSSESSION OF EVIDENCE BY A LAW ENFORCEMENT AGENCY17
HB23-1199-2- FOR STORAGE;1
(C) P
OSSESSION BY A FORENSIC LABORATORY FOR ANALYSIS ;2
(D) C
OMPLETION OF THE FORENSIC LABORATORY 'S ANALYSIS; AND3
(E) D
ATE OF DESTRUCTION.4
(II) I
F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT DOES NOT5
CONSENT TO HAVING THE EVIDENCE OBTAINED FROM THE VICTIM 'S6
FORENSIC MEDICAL EVIDENCE EXAMINATION ANALYZED , THE RELEVANT7
STAGES OF ANALYSIS INCLUDE:8
(A) F
ORENSIC MEDICAL EVIDENCE EXAMINATION ;9
(B) P
OSSESSION OF EVIDENCE BY A LAW ENFORCEMENT AGENCY10
FOR STORAGE; AND11
(C) D
ATE OF DESTRUCTION.12
(b) T
HE SYSTEM MUST PROVIDE VICTIMS OF AN ALLEGED SEXUAL13
ASSAULT WITH INFORMATION CONCERNING :14
(I) N
AVIGATING THE CRIMINAL JUSTICE SYSTEM ;15
(II) U
P-TO-DATE STATUTORY AND REGULATORY INFORMATION ;16
(III) D
EADLINES REGARDING THE PROCESSING , CUSTODY,17
ANALYSIS, AND DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC18
MEDICAL EXAMINATIONS;19
(IV) H
OW A VICTIM OF ALLEGED SEXUAL ASSAULT MAY OBJECT TO20
THE DESTRUCTION OF FORENSIC MEDICAL EVIDENCE PURSUANT TO21
SECTION 24-4.1-303;22
(V) C
ONTACT INFORMATION FOR THE SYSTEM 'S ADMINISTRATOR23
AND FOR THE LAW ENFORCEMENT AGENCY STORING EVIDENCE OBTAINED24
FROM THE VICTIM OF ALLEGED SEXUAL ASSAULT 'S FORENSIC MEDICAL25
EVIDENCE EXAMINATION; AND26
(VI) C
OMMUNITY-BASED RESOURCES AND SERVICES FOR VICTIMS27
HB23-1199
-3- OF SEXUAL ASSAULT.1
(3) (a) E
VERY STATE OR LOCAL LAW ENFORCEMENT AGENCY ,2
MEDICAL FACILITY, CRIME LABORATORY, OR OTHER PERSON OR ENTITY3
THAT SUPPLIES OR PERFORMS FORENSIC MEDICAL EVIDENCE4
EXAMINATIONS, ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL5
EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE STORAGE OR6
DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE7
EXAMINATIONS, SHALL PARTICIPATE IN THE SYSTEM.8
(b) T
HE FEDERAL BUREAU OF INVESTIGATION , A TRIBAL LAW9
ENFORCEMENT AGENCY LOCATED IN COLORADO, OR A FEDERAL INDIAN10
HEALTH SERVICE LOCATED IN COLORADO THAT SUPPLIES FORENSIC11
MEDICAL EVIDENCE EXAMINATIONS , PERFORMS FORENSIC MEDICAL12
EVIDENCE EXAMINATIONS , ANALYZES EVIDENCE OBTAINED FROM13
FORENSIC MEDICAL EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE14
STORAGE OR DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC15
MEDICAL EXAMINATIONS MAY PARTICIPATE IN THE SYSTEM .16
(4) (a) O
N OR AFTER JANUARY 30, 2026, AND ON OR BEFORE17
J
ANUARY 30 OF EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF18
THE DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY19
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE , OR ANY20
SUCCESSOR COMMITTEES, INCLUDING THE FOLLOWING INFORMATION FROM21
THE PRECEDING CALENDAR YEAR :22
(I) T
HE NUMBER OF FORENSIC MEDICAL EVIDENCE EXAMINATIONS23
REPORTED INTO THE SYSTEM, IN TOTAL AND DISAGGREGATED BY THE TYPE24
OF REPORT;25
(II) T
HE TOTAL NUMBER OF FORENSIC MEDICAL EVIDENCE26
EXAMINATIONS ANALYZED BY A FORENSIC LABORATORY ; AND27
HB23-1199
-4- (III) THE TOTAL NUMBER OF FORENSIC MEDICAL EVIDENCE1
EXAMINATIONS PENDING ANALYSIS BY A FORENSIC LABORATORY .2
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT3
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND4
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S5
INFORMATION.6
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1367
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS8
SUBSECTION (4) CONTINUES INDEFINITELY.9
(5) T
HE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF10
LIAISON FOR MISSING AND MURDERED INDIGENOUS RELATIVES TO MAKE11
RECOMMENDATIONS TO ENSURE THE SYSTEM DEVELOPED PURSUANT TO12
THIS SECTION IS ACCESSIBLE TO VICTIMS OF ALLEGED SEXUAL ASSAULT IN13
A TRIBAL JURISDICTION.14
SECTION 2. In Colorado Revised Statutes, 18-3-407.7, amend15
(1), (2)(a), and (2)(c); repeal (2)(b); and add (4) and (5) as follows:16
18-3-407.7. Sexual assault victim emergency payment17
program - creation - eligibility. (1) There is hereby created the sexual18
assault victim emergency payment program, referred to in this section as19
the "program", in the division of criminal justice in the department of20
public safety. The purpose of the program is to assist medical-reporting
21
victims of sexual assault with medical expenses associated with a sexual22
assault. that are not otherwise covered pursuant to section 18-3-407.5 or23
any other victim compensation program.24
(2) (a) A medical-reporting victim must request and receive a25
medical forensic examination to be eligible to have medical costs and fees26
covered through the program. The division of criminal justice shall27
HB23-1199
-5- develop a policy for administering the program. The policy must include1
a requirement to establish a cap for the amount payable per victim based2
on actual and reasonable costs and available funds, but the minimum cap3
must not be less than one thousand dollars. The program must cover4
medical fees and costs associated with obtaining the medical forensic5
examination, including but not limited to emergency department fees and6
costs, laboratory fees, prescription medication, and physician's fees, as7
long as funds are available. The program may also cover medical fees and8
costs for injuries directly related to the sexual assault. The program may9
also pay for any uncovered direct costs of the medical forensic10
examination for a medical-reporting victim. The total amount paid for all11
expenses must not exceed the annual cap established by the division of12
criminal justice.13
(b) The program shall be the payer of last resort.14
(c) A hospital shall limit the amounts charged for emergency or15
associated fees and costs eligible for payment pursuant to paragraph (a)16
of this subsection (2) to not more than the lowest negotiated rate from a17
private health plan THE DEPARTMENT OF PUBLIC SAFETY SHALL ESTABLISH18
A MAXIMUM AMOUNT PAYABLE TO A MEDICAL FACILITY SEEKING19
REIMBURSEMENT PURSUANT TO THE PROGRAM FOR SERVICES ELIGIBLE FOR20
PAYMENT PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.21
(4) B
Y DECEMBER 31, 2024, THE DIVISION OF CRIMINAL JUSTICE22
SHALL DEVELOP AND MAINTAIN A SYSTEM THAT ALLOWS THE DIVISION TO23
TRACK CLAIMS, PROCESS INVOICES, SORT INFORMATION, AND PRODUCE24
REPORTS CONCERNING, AT A MINIMUM:25
(a) T
HE NUMBER OF MEDICAL FORENSIC EXAMINATIONS PAID FOR26
BY THE PROGRAM;27
HB23-1199
-6- (b) THE TOTAL COST OF SERVICES COMPENSATED RELATED TO1
MEDICAL FORENSIC EXAMINATIONS PAID FOR BY THE PROGRAM ;2
(c) I
NFORMATION CONCERNING THE STATUS OF CLAIMS IN THE3
SYSTEM, INCLUDING THE NUMBER OF CLAIMS PAID , THE NUMBER OF4
CLAIMS DENIED, THE NUMBER OF CLAIMS PENDING APPROVAL OR DENIAL ,5
AND THE AVERAGE TIME BETWEEN REIMBURSEMENT CLAIM SUBMISSION6
AND APPROVAL OR DENIAL BY THE PROGRAM ;7
(d) T
HE NAMES AND LOCATIONS OF MEDICAL FACILITIES THAT8
SUBMITTED CLAIMS FOR REIMBURSEMENT FROM THE PROGRAM ; AND9
(e) D
EMOGRAPHIC INFORMATION OF VICTIMS WHOSE CLAIMS ARE10
REIMBURSED THROUGH THE PROGRAM , IF AVAILABLE.11
(5) (a) O
N OR BEFORE JANUARY 30, 2026, AND ON OR BEFORE12
J
ANUARY 30 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A13
REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF14
REPRESENTATIVES AND SENATE , OR ANY SUCCESSOR COMMITTEES , WITH15
THE INFORMATION DESCRIBED IN SUBSECTION (4) OF THIS SECTION FROM16
THE PRECEDING CALENDAR YEAR .17
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT18
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND19
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S20
INFORMATION.21
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13622
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS23
SUBSECTION (5) CONTINUES INDEFINITELY.24
SECTION 3. In Colorado Revised Statutes, add 25-3-130 as25
follows:26
25-3-130. Prohibition on billing for medical forensic27
HB23-1199
-7- examinations and related services - exception. (1) N OTWITHSTANDING1
ANY LAW TO THE CONTRARY , A MEDICAL FACILITY REGULATED BY THE2
DEPARTMENT THAT ADMINISTERS A MEDICAL FORENSIC EVIDENCE3
EXAMINATION TO A VICTIM OF AN ALLEGED SEXUAL ASSAULT SHALL NOT4
BILL, CHARGE, OR COLLECT FROM THE VICTIM OR FROM THE VICTIM 'S5
PUBLIC OR COMMERCIAL COVERAGE FOR ANY MEDICAL FEES OR COSTS6
ASSOCIATED WITH OBTAINING A MEDICAL FORENSIC EVIDENCE7
EXAMINATION, INCLUDING BUT NOT LIMITED TO EMERGENCY DEPARTMENT8
FEES AND COSTS, LABORATORY FEES , PRESCRIPTION MEDICATION ,9
PHYSICIAN'S FEES, AND COSTS FOR INJURIES DIRECTLY RELATED TO THE10
ALLEGED SEXUAL ASSAULT , UNLESS THE INDIVIDUAL CONSENTS TO THE11
BILL, CHARGE, OR COLLECTION.12
(2) N
OTHING IN THIS SECTION PROHIBITS A MEDICAL FACILITY13
REGULATED BY THE DEPARTMENT THAT ADMINISTERS A MEDICAL14
FORENSIC EVIDENCE EXAMINATION TO A VICTIM OF AN ALLEGED SEXUAL15
ASSAULT FROM SEEKING REIMBURSEMENT FOR ANY FEES AND COSTS16
DESCRIBED IN SECTION (1) OF THIS SECTION FROM THE SEXUAL ASSAULT17
VICTIM EMERGENCY PAYMENT PROGRAM , CREATED AND EXISTING18
PURSUANT TO SECTION 18-3-407.7.19
SECTION 4. Safety clause. The general assembly hereby finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety.22
HB23-1199
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