First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0080.01 Jacob Baus x2173
HOUSE BILL 23-1199
House Committees Senate Committees
Judiciary
Appropriations
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
Amended 2nd Reading
April 20, 2023
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
THEIR SEXUAL8
ASSAULT EVIDENCE COLLECTION KIT. THE SYSTEM MUST BE OPERATIONAL9
BY JUNE 30, 2025. THE DEPARTMENT SHALL MAINTAIN AND OPERATE THE10
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
THEIR SEXUAL ASSAULT EVIDENCE COLLECTION17
1199-2- KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE ;1
(C) P
OSSESSION
OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE2
COLLECTION KIT BY A FORENSIC LABORATORY FOR ANALYSIS ;3
(D) C
OMPLETION OF THE FORENSIC LABORATORY 'S
ANALYSIS OF4
THE VICTIM'S SEXUAL ASSAULT EVIDENCE COLLECTION KIT ; AND5
(E) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE6
EVIDENCE OBTAINED FROM THE VICTIM 'S FORENSIC MEDICAL EVIDENCE7
EXAMINATION.8
(II) I
F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT DOES NOT9
CONSENT TO HAVING THE EVIDENCE OBTAINED FROM THE VICTIM 'S10
FORENSIC MEDICAL EVIDENCE EXAMINATION ANALYZED , THE RELEVANT11
STAGES OF ANALYSIS INCLUDE:12
(A) F
ORENSIC MEDICAL EVIDENCE EXAMINATION ;13
(B) P
OSSESSION OF
THE VICTIM'S SEXUAL ASSAULT EVIDENCE14
COLLECTION KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE ; AND15
(C) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE16
EVIDENCE OBTAINED FROM THE VICTIM'S FORENSIC MEDICAL EVIDENCE17
EXAMINATION.18
(b) T
HE SYSTEM MUST PROVIDE VICTIMS OF AN ALLEGED SEXUAL19
ASSAULT WITH INFORMATION CONCERNING :20
(I)
FINANCIAL ASSISTANCE AND COMPENSATION PROGRAMS FOR21
VICTIMS OF SEXUAL ASSAULT;22
(II) U
P-TO-DATE STATUTORY AND REGULATORY
INFORMATION23
CONCERNING VICTIMS OF AN ALLEGED SEXUAL ASSAULT ;24
(III) D
EADLINES REGARDING THE PROCESSING , CUSTODY,25
ANALYSIS, AND DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC26
MEDICAL EXAMINATIONS;27
1199
-3- (IV) HOW A VICTIM OF ALLEGED SEXUAL ASSAULT MAY OBJECT TO1
THE DESTRUCTION OF FORENSIC MEDICAL EVIDENCE PURSUANT TO2
SECTION 24-4.1-303;3
(V) C
ONTACT INFORMATION FOR THE SYSTEM 'S ADMINISTRATOR4
AND FOR THE LAW ENFORCEMENT AGENCY STORING EVIDENCE OBTAINED5
FROM THE VICTIM OF ALLEGED SEXUAL ASSAULT 'S FORENSIC MEDICAL6
EVIDENCE EXAMINATION; AND7
(VI) C
OMMUNITY-BASED RESOURCES AND SERVICES FOR VICTIMS8
OF SEXUAL ASSAULT.9
(3) (a) E
VERY STATE OR LOCAL LAW ENFORCEMENT AGENCY ,10
MEDICAL FACILITY, CRIME LABORATORY, OR OTHER PERSON OR ENTITY11
THAT SUPPLIES OR PERFORMS FORENSIC MEDICAL EVIDENCE12
EXAMINATIONS, ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL13
EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE STORAGE OR14
DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE15
EXAMINATIONS, SHALL PARTICIPATE IN THE SYSTEM.16
(b) T
HE FEDERAL BUREAU OF INVESTIGATION , A TRIBAL LAW17
ENFORCEMENT AGENCY LOCATED IN COLORADO, OR A FEDERAL INDIAN18
HEALTH SERVICE LOCATED IN COLORADO THAT SUPPLIES FORENSIC19
MEDICAL EVIDENCE EXAMINATIONS , PERFORMS FORENSIC MEDICAL20
EVIDENCE EXAMINATIONS , ANALYZES EVIDENCE OBTAINED FROM21
FORENSIC MEDICAL EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE22
STORAGE OR DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC23
MEDICAL EXAMINATIONS MAY PARTICIPATE IN THE SYSTEM .24
(4) (a) O
N OR AFTER JANUARY 30, 2026, AND ON OR BEFORE25
J
ANUARY 30 OF EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF26
THE DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY27
1199
-4- COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE , OR ANY1
SUCCESSOR COMMITTEES, INCLUDING THE FOLLOWING INFORMATION FROM2
THE PRECEDING CALENDAR YEAR :3
(I) T
HE NUMBER OF
SEXUAL ASSAULT EVIDENCE COLLECTION KITS4
REPORTED INTO THE SYSTEM, IN TOTAL AND DISAGGREGATED BY THE TYPE5
OF REPORT;6
(II) T
HE TOTAL NUMBER OF
SEXUAL ASSAULT EVIDENCE7
COLLECTION KITS ANALYZED BY A FORENSIC LABORATORY ; AND8
(III) T
HE TOTAL NUMBER OF
SEXUAL ASSAULT EVIDENCE9
COLLECTION KITS PENDING ANALYSIS BY A FORENSIC LABORATORY .10
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT11
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND12
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S13
INFORMATION.14
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13615
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS16
SUBSECTION (4) CONTINUES INDEFINITELY.17
(5) T
HE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF18
LIAISON FOR MISSING AND MURDERED INDIGE NOUS RELATIVES TO MAKE19
RECOMMENDATIONS TO ENSURE THE SYSTEM DEVELOPED PURSUANT TO20
THIS SECTION IS ACCESSIBLE TO VICTIMS OF ALLEGED SEXUAL ASSAULT IN21
A TRIBAL JURISDICTION.22
SECTION 2. In Colorado Revised Statutes, 18-3-407.7, amend23
(1) and (2)(a); and add (2)(a.5), (4), and (5) as follows:24
18-3-407.7. Sexual assault victim emergency payment25
program - creation - eligibility. (1) There is hereby created the sexual26
assault victim emergency payment program, referred to in this section as27
1199
-5- the "program", in the division of criminal justice in the department of1
public safety. The purpose of the program is to assist medical-reporting2
victims of sexual assault with medical expenses associated with a sexual3
assault that are not otherwise covered pursuant to section 18-3-407.5 or4
any other victim compensation program.5
(2) (a) A medical-reporting victim must request and receive a6
medical forensic examination to be eligible to have medical costs and fees7
covered through the program. The division of criminal justice shall8
develop a policy for administering the program. The policy must include9
a requirement to establish a cap for the amount payable per victim based10
on actual and reasonable costs and available funds, but the minimum cap11
must not be less than one thousand dollars. The program must cover12
medical fees and costs associated with obtaining the medical forensic13
examination, including but not limited to emergency department fees and14
costs, laboratory fees, prescription medication, and physician's fees, as15
long as funds are available. The program may also cover medical fees and16
costs for injuries directly related to the sexual assault. The program may17
also pay for any uncovered direct costs of the medical forensic18
examination. for a medical-reporting victim. The total amount paid for all19
expenses must not exceed the annual cap established by the division of20
criminal justice.21
(a.5) A LAW ENFORCEMENT AGENCY MAY REQUEST22
REIMBURSEMENT TO HAVE COSTS ASSOCIATED WITH THE COLLECTION OF23
FORENSIC EVIDENCE FOR A VICTIM COVERED THROUGH THE PROGRAM . THE24
DIVISION OF CRIMINAL JUSTICE SHALL DEVELOP A POLICY , INCLUDING A25
REQUIREMENT TO ESTABLISH AN ANNUAL CAP, FOR THE AMOUNT PAYABLE26
TO A LAW ENFORCEMENT AGENCY BASED ON ACTUAL AND REASONABLE27
1199
-6- COSTS AND AVAILABLE FUNDS.1
2
(4) B
Y DECEMBER 31, 2024, THE DIVISION OF CRIMINAL JUSTICE3
SHALL DEVELOP AND MAINTAIN A SYSTEM THAT ALLOWS THE DIVISION TO4
TRACK CLAIMS, PROCESS INVOICES, SORT INFORMATION, AND PRODUCE5
REPORTS CONCERNING, AT A MINIMUM:6
(a) T
HE NUMBER OF MEDICAL FORENSIC EXAMINATIONS PAID FOR7
BY THE PROGRAM;8
(b) T
HE TOTAL COST OF SERVICES COMPENSATED RELATED TO9
MEDICAL FORENSIC EXAMINATIONS PAID FOR BY THE PROGRAM ;10
(c) I
NFORMATION CONCERNING THE STATUS OF CLAIMS IN THE11
SYSTEM, INCLUDING THE NUMBER OF CLAIMS PAID , THE NUMBER OF12
CLAIMS
DENIED AND REASONS FOR DENIAL , THE NUMBER OF CLAIMS13
PENDING APPROVAL OR DENIAL , AND THE AVERAGE TIME BETWEEN14
REIMBURSEMENT CLAIM SUBMISSION AND APPROVAL OR DENIAL BY THE15
PROGRAM;16
(d) T
HE NAMES AND LOCATIONS OF MEDICAL FACILITIES THAT17
SUBMITTED CLAIMS FOR REIMBURSEMENT FROM THE PROGRAM ; AND18
(e) D
EMOGRAPHIC INFORMATION OF VICTIMS WHOSE CLAIMS ARE19
REIMBURSED
AND DENIED THROUGH THE PROGRAM , IF AVAILABLE.20
(5) (a) O
N OR BEFORE JANUARY 30, 2026, AND ON OR BEFORE21
J
ANUARY 30 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A22
REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF23
REPRESENTATIVES AND SENATE , OR ANY SUCCESSOR COMMITTEES , WITH24
THE INFORMATION DESCRIBED IN SUBSECTION (4) OF THIS SECTION FROM25
THE PRECEDING CALENDAR YEAR .26
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT27
1199
-7- DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND1
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S2
INFORMATION.3
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1364
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS5
SUBSECTION (5) CONTINUES INDEFINITELY.6
7
SECTION 3. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
1199
-8-