First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0080.01 Jacob Baus x2173
HOUSE BILL 23-1199
House Committees Senate Committees
Judiciary Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PR OVIDE ADDITIONAL ACCESS TO101
SERVICES FOR VICTIMS OF SEXUAL ASSAULT , AND, IN
102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
SENATE
Amended 2nd Reading
May 3, 2023
HOUSE
3rd Reading Unamended
April 21, 2023
HOUSE
Amended 2nd Reading
April 20, 2023
HOUSE SPONSORSHIP
Froelich and Soper, Amabile, Bacon, Bird, Brown, Dickson, Duran, Hamrick, Kipp,
Lieder, Lindsay, Lindstedt, Marshall, McLachlan, Michaelson Jenet, Parenti, Sirota, Snyder,
Titone, Velasco, Vigil, Weissman, Willford, Young
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. processing, custody, analysis, and destruction of evidence, as well as
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
1199-2- (B) POSSESSION OF THEIR SEXUAL ASSAULT EVIDENCE COLLECTION1
KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE ;2
(C) P
OSSESSION
OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE3
COLLECTION KIT BY A FORENSIC LABORATORY FOR ANALYSIS ;4
(D) C
OMPLETION OF THE FORENSIC LABORATORY 'S
ANALYSIS OF5
THE VICTIM'S SEXUAL ASSAULT EVIDENCE COLLECTION KIT ; AND6
(E) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE7
EVIDENCE OBTAINED FROM THE VICTIM'S FORENSIC MEDICAL EVIDENCE8
EXAMINATION.9
(II) I
F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT DOES NOT10
CONSENT TO HAVING THE EVIDENCE OBTAINED FROM THE VICTIM 'S11
FORENSIC MEDICAL EVIDENCE EXAMINATION ANALYZED , THE RELEVANT12
STAGES OF ANALYSIS INCLUDE:13
(A) F
ORENSIC MEDICAL EVIDENCE EXAMINATION ;14
(B) P
OSSESSION OF
THE VICTIM'S SEXUAL ASSAULT EVIDENCE15
COLLECTION KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE ; AND16
(C) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE17
EVIDENCE OBTAINED FROM THE VICTIM 'S FORENSIC MEDICAL EVIDENCE18
EXAMINATION.19
(b) T
HE SYSTEM MUST PROVIDE VICTIMS OF AN ALLEGED SEXUAL20
ASSAULT WITH INFORMATION CONCERNING :21
(I)
FINANCIAL ASSISTANCE AND COMPENSATION PROGRAMS FOR22
VICTIMS OF SEXUAL ASSAULT;23
(II) U
P-TO-DATE STATUTORY AND REGULATORY
INFORMATION24
CONCERNING VICTIMS OF AN ALLEGED SEXUAL ASSAULT ;25
(III) D
EADLINES REGARDING THE PROCESSING , CUSTODY,26
ANALYSIS, AND DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC27
1199
-3- MEDICAL EXAMINATIONS;1
(IV) H
OW A VICTIM OF ALLEGED SEXUAL ASSAULT MAY OBJECT TO2
THE DESTRUCTION OF FORENSIC MEDICAL EVIDENCE PURSUANT TO3
SECTION 24-4.1-303;4
(V) C
ONTACT INFORMATION FOR THE SYSTEM 'S ADMINISTRATOR5
AND FOR THE LAW ENFORCEMENT AGENCY STORING EVIDENCE OBTAINED6
FROM THE VICTIM OF ALLEGED SEXUAL ASSAULT 'S FORENSIC MEDICAL7
EVIDENCE EXAMINATION; AND8
(VI) C
OMMUNITY-BASED RESOURCES AND SERVICES FOR VICTIMS9
OF SEXUAL ASSAULT.10
(3) (a) E
VERY STATE OR LOCAL LAW ENFORCEMENT AGENCY ,11
MEDICAL FACILITY, CRIME LABORATORY, OR OTHER PERSON OR ENTITY12
THAT SUPPLIES OR PERFORMS FORENSIC MEDICAL EVIDENCE13
EXAMINATIONS, ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL14
EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE STORAGE OR15
DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE16
EXAMINATIONS, SHALL PARTICIPATE IN THE SYSTEM.17
(b) T
HE FEDERAL BUREAU OF INVESTIGATION , A TRIBAL LAW18
ENFORCEMENT AGENCY LOCATED IN COLORADO, OR A FEDERAL INDIAN19
HEALTH SERVICE LOCATED IN COLORADO THAT SUPPLIES FORENSIC20
MEDICAL EVIDENCE EXAMINATIONS , PERFORMS FORENSIC MEDICAL21
EVIDENCE EXAMINATIONS , ANALYZES EVIDENCE OBTAINED FROM22
FORENSIC MEDICAL EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE23
STORAGE OR DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC24
MEDICAL EXAMINATIONS MAY PARTICIPATE IN THE SYSTEM .25
(4) (a) O
N OR AFTER JANUARY 30, 2026, AND ON OR BEFORE26
J
ANUARY 30 OF EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF27
1199
-4- THE DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY1
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE , OR ANY2
SUCCESSOR COMMITTEES, INCLUDING THE FOLLOWING INFORMATION FROM3
THE PRECEDING CALENDAR YEAR :4
(I) T
HE NUMBER OF
SEXUAL ASSAULT EVIDENCE COLLECTION KITS5
REPORTED INTO THE SYSTEM, IN TOTAL AND DISAGGREGATED BY THE TYPE6
OF REPORT;7
(II) T
HE TOTAL NUMBER OF
SEXUAL ASSAULT EVIDENCE8
COLLECTION KITS ANALYZED BY A FORENSIC LABORATORY ; AND9
(III) T
HE TOTAL NUMBER OF
SEXUAL ASSAULT EVIDENCE10
COLLECTION KITS PENDING ANALYSIS BY A FORENSIC LABORATORY .11
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT12
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND13
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S14
INFORMATION.15
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13616
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS17
SUBSECTION (4) CONTINUES INDEFINITELY.18
(5) T
HE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF19
LIAISON FOR MISSING AND MURDERED INDIGE NOUS RELATIVES TO MAKE20
RECOMMENDATIONS TO ENSURE THE SYSTEM DEVELOPED PURSUANT TO21
THIS SECTION IS ACCESSIBLE TO VICTIMS OF ALLEGED SEXUAL ASSAULT IN22
A TRIBAL JURISDICTION.23
(6) F
OR THE 2023-24 STATE FISCAL YEAR, THE GENERAL
24
ASSEMBLY SHALL APPROPRIATE SEVEN HUNDRED FORTY -FOUR THOUSAND25
THREE HUNDRED FIFTY-ONE DOLLARS FROM THE COLORADO CRIME VICTIM26
SERVICES FUND, CREATED PURSUANT TO SECTION 24-33.5-505.5, TO THE27
1199
-5- DEPARTMENT FOR THE PURPOSE OF DEVELOPING AND MAINTAINING THE1
SYSTEM PURSUANT TO THIS SECTION .2
SECTION 2. In Colorado Revised Statutes, 24-33.5-505.5, add3
(2.5) as follows:4
24-33.5-505.5. Colorado crime victim services fund - creation5
- uses - applications for grants - legislative declaration - repeal.6
(2.5) (a) F
OR THE 2023-24 STATE FISCAL YEAR, SEVEN HUNDRED
7
FORTY-FOUR THOUSAND THREE HUNDRED FIFTY -ONE DOLLARS IS8
ANNUALLY APPROPRIATED FROM THE FUND TO THE DEPARTMENT FOR THE9
PURPOSE OF DEVELOPING AND MAINTAINING THE CONFIDENTIAL AND10
SECURE STATEWIDE SYSTEM PURSUANT TO SECTION 24-33.5-113.5.11
(b) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JULY 1, 2025.
12
SECTION 3. In Colorado Revised Statutes, 18-3-407.7, amend13
(1) and (2)(a); and add (2)(a.5), (4), and (5) as follows:14
18-3-407.7. Sexual assault victim emergency payment15
program - creation - eligibility. (1) There is hereby created the sexual16
assault victim emergency payment program, referred to in this section as17
the "program", in the division of criminal justice in the department of18
public safety. The purpose of the program is to assist medical-reporting19
victims of sexual assault with medical expenses associated with a sexual20
assault that are not otherwise covered pursuant to section 18-3-407.5 or21
any other victim compensation program.22
(2) (a) A medical-reporting victim must request and receive a23
medical forensic examination to be eligible to have medical costs and fees24
covered through the program. The division of criminal justice shall25
develop a policy for administering the program. The policy must include26
a requirement to establish a cap for the amount payable per victim based27
1199
-6- on actual and reasonable costs and available funds, but the minimum cap1
must not be less than one thousand dollars. The program must cover2
medical fees and costs associated with obtaining the medical forensic3
examination, including but not limited to emergency department fees and4
costs, laboratory fees, prescription medication, and physician's fees, as5
long as funds are available. The program may also cover medical fees and6
costs for injuries directly related to the sexual assault. The program may7
also pay for any uncovered direct costs of the medical forensic8
examination. for a medical-reporting victim. The total amount paid for all9
expenses must not exceed the annual cap established by the division of10
criminal justice.11
(a.5) A LAW ENFORCEMENT AGENCY MAY REQUEST12
REIMBURSEMENT TO HAVE COSTS ASSOCIATED WITH THE COLLECTION OF13
FORENSIC EVIDENCE FOR A VICTIM COVERED THROUGH THE PROGRAM . THE14
DIVISION OF CRIMINAL JUSTICE SHALL DEVELOP A POLICY, INCLUDING A15
REQUIREMENT TO ESTABLISH AN ANNUAL CAP, FOR THE AMOUNT PAYABLE16
TO A LAW ENFORCEMENT AGENCY BASED ON ACTUAL AND REASONABLE17
COSTS AND AVAILABLE FUNDS.18
19
(4) B
Y DECEMBER 31, 2024, THE DIVISION OF CRIMINAL JUSTICE20
SHALL DEVELOP AND MAINTAIN A SYSTEM THAT ALLOWS THE DIVISION TO21
TRACK CLAIMS, PROCESS INVOICES, SORT INFORMATION, AND PRODUCE22
REPORTS CONCERNING, AT A MINIMUM:23
(a) T
HE NUMBER OF MEDICAL FORENSIC EXAMINATIONS PAID FOR24
BY THE PROGRAM;25
(b) T
HE TOTAL COST OF SERVICES COMPENSATED RELATED TO26
MEDICAL FORENSIC EXAMINATIONS PAID FOR BY THE PROGRAM ;27
1199
-7- (c) INFORMATION CONCERNING THE STATUS OF CLAIMS IN THE1
SYSTEM, INCLUDING THE NUMBER OF CLAIMS PAID , THE NUMBER OF2
CLAIMS DENIED AND REASONS FOR DENIAL, THE NUMBER OF CLAIMS3
PENDING APPROVAL OR DENIAL , AND THE AVERAGE TIME BETWEEN4
REIMBURSEMENT CLAIM SUBMISSION AND APPROVAL OR DENIAL BY THE5
PROGRAM;6
(d) T
HE NAMES AND LOCATIONS OF MEDICAL FACILITIES THAT7
SUBMITTED CLAIMS FOR REIMBURSEMENT FROM THE PROGRAM ; AND8
(e) D
EMOGRAPHIC INFORMATION OF VICTIMS WHOSE CLAIMS ARE9
REIMBURSED
AND DENIED THROUGH THE PROGRAM , IF AVAILABLE.10
(5) (a) O
N OR BEFORE JANUARY 30, 2026, AND ON OR BEFORE11
J
ANUARY 30 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A12
REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF13
REPRESENTATIVES AND SENATE , OR ANY SUCCESSOR COMMITTEES , WITH14
THE INFORMATION DESCRIBED IN SUBSECTION (4) OF THIS SECTION FROM15
THE PRECEDING CALENDAR YEAR .16
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT17
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND18
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S19
INFORMATION.20
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13621
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS22
SUBSECTION (5) CONTINUES INDEFINITELY.23
SECTION 4. In Colorado Revised Statutes, 18-1-1001, amend
24
(8)(b) as follows:25
18-1-1001. Protection order against defendant - definitions.26
(8) For purposes of this section:27
1199
-8- (b) "Until final disposition of the action" means until the case is1
dismissed, until the defendant is acquitted, or until the defendant2
completes his or her THE DEFENDANT'S sentence, OR UNTIL THE3
DEFENDANT'S COMMITMENT IS TERMINATED AND THE DEFENDANT IS4
DISCHARGED FROM SUPERVISION FOLLOWING A VERDICT OF NOT GUILTY5
BY REASON OF INSANITY PURSUANT TO SECTION 16-8-115. Any defendant6
sentenced to probation is deemed to have completed his or her THE7
DEFENDANT'S sentence upon discharge from probation. A defendant8
sentenced to incarceration is deemed to have completed his or her THE9
DEFENDANT'S sentence upon release from incarceration and discharge10
from parole supervision.11
12
SECTION 5. Appropriation. (1) For the 2023-24 state fiscal13
year, $523,686 is appropriated to the office of the governor for use by the14
office of information technology. This appropriation is from15
reappropriated funds received from the department of public safety under16
section 24.33.5-505.5 (2.5)(a), C.R.S., and is based on the assumption17
that the office will require an additional 2.7 FTE. To implement this act,18
the office may use this appropriation to provide information technology19
services for the department of public safety.20
SECTION 6. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
1199
-9-