HOUSE BILL 23-1199
BY REPRESENTATIVE(S) 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, Boesenecker, Bradley, Catlin,
Garcia, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Mabrey, McCormick,
Pugliese, Ricks, Sharbini, Story, Valdez, McCluskie;
also SENATOR(S) Winter F., Bridges, Buckner, Coleman, Cutter,
Danielson, Exum, Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez
Lewis, Kirkmeyer, Liston, Marchman, Moreno, Mullica, Pelton B.,
Pelton R., Priola, Roberts, Smallwood, Sullivan, Will, Zenzinger.
C
ONCERNING MEASURES TO PROVIDE ADDITIONAL ACCESS TO SERVICES FOR
VICTIMS OF SEXUAL ASSAULT
, AND, IN CONNECTION THEREWITH ,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-33.5-113.5 as
follows:
24-33.5-113.5. Forensic medical evidence in sexual assault cases
- tracking system. (1) T
HE DEPARTMENT SHALL DEVELOP AND MAINTAIN
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. A CONFIDENTIAL AND SECURE STATEWIDE SYSTEM , REFERRED TO IN THIS
SECTION AS
"SYSTEM", FOR VICTIMS OF ALLEGED SEXUAL ASSAULT TO
MONITOR THE STATUS AND LOCATION OF THEIR SEXUAL ASSAULT EVIDENCE
COLLECTION KIT
. THE SYSTEM MUST BE OPERATIONAL BY JUNE 30, 2025.
T
HE DEPARTMENT SHALL MAINTAIN AND OPERATE THE SYSTEM .
(2) (a) (I) I
F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT CONSENTS
TO ANALYSIS OF THE VICTIM
'S FORENSIC MEDICAL EVIDENCE EXAMINATION ,
THE SYSTEM MUST TRACK THE LOCATION , DATE, AND TIME OF THE
FOLLOWING RELEVANT STAGES
:
(A) F
ORENSIC MEDICAL EVIDENCE EXAMINATION ;
(B) P
OSSESSION OF THEIR SEXUAL ASSAULT EVIDENCE COLLECTION
KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE
;
(C) P
OSSESSION OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE
COLLECTION KIT BY A FORENSIC LABORATORY FOR ANALYSIS
;
(D) C
OMPLETION OF THE FORENSIC LABORATORY 'S ANALYSIS OF THE
VICTIM
'S SEXUAL ASSAULT EVIDENCE COLLECTION KIT ; AND
(E) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE EVIDENCE
OBTAINED FROM THE VICTIM
'S FORENSIC MEDICAL EVIDENCE EXAMINATION .
(II) I
F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT DOES NOT
CONSENT TO HAVING THE EVIDENCE OBTAINED FROM THE VICTIM
'S FORENSIC
MEDICAL EVIDENCE EXAMINATION ANALYZED
, THE RELEVANT STAGES OF
ANALYSIS INCLUDE
:
(A) F
ORENSIC MEDICAL EVIDENCE EXAMINATION ;
(B) P
OSSESSION OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE
COLLECTION KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE
; AND
(C) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE EVIDENCE
OBTAINED FROM THE VICTIM
'S FORENSIC MEDICAL EVIDENCE EXAMINATION .
(b) T
HE SYSTEM MUST PROVIDE VICTIMS OF AN ALLEGED SEXUAL
ASSAULT WITH INFORMATION CONCERNING
:
PAGE 2-HOUSE BILL 23-1199 (I) FINANCIAL ASSISTANCE AND COMPENSATION PROGRAMS FOR
VICTIMS OF SEXUAL ASSAULT
;
(II) U
P-TO-DATE STATUTORY AND REGULATORY INFORMATION
CONCERNING VICTIMS OF AN ALLEGED SEXUAL ASSAULT
;
(III) D
EADLINES REGARDING THE PROCESSING , CUSTODY, ANALYSIS,
AND DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL
EXAMINATIONS
;
(IV) H
OW A VICTIM OF ALLEGED SEXUAL ASSAULT MAY OBJECT TO
THE DESTRUCTION OF FORENSIC MEDICAL EVIDENCE PURSUANT TO SECTION
24-4.1-303;
(V) C
ONTACT INFORMATION FOR THE SYSTEM 'S ADMINISTRATOR AND
FOR THE LAW ENFORCEMENT AGENCY STORING EVIDENCE OBTAINED FROM
THE VICTIM OF ALLEGED SEXUAL ASSAULT
'S FORENSIC MEDICAL EVIDENCE
EXAMINATION
; AND
(VI) COMMUNITY-BASED RESOURCES AND SERVICES FOR VICTIMS OF
SEXUAL ASSAULT
.
(3) (a) E
VERY STATE OR LOCAL LAW ENFORCEMENT AGENCY ,
MEDICAL FACILITY, CRIME LABORATORY, OR OTHER PERSON OR ENTITY THAT
SUPPLIES OR PERFORMS FORENSIC MEDICAL EVIDENCE EXAMINATIONS
,
ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE
EXAMINATIONS
, OR IS RESPONSIBLE FOR THE STORAGE OR DESTRUCTION OF
EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE EXAMINATIONS
,
SHALL PARTICIPATE IN THE SYSTEM.
(b) T
HE FEDERAL BUREAU OF INVESTIGATION , A TRIBAL LAW
ENFORCEMENT AGENCY LOCATED IN
COLORADO, OR A FEDERAL INDIAN
HEALTH SERVICE LOCATED IN
COLORADO THAT SUPPLIES FORENSIC MEDICAL
EVIDENCE EXAMINATIONS
, PERFORMS FORENSIC MEDICAL EVIDENCE
EXAMINATIONS
, ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL
EVIDENCE EXAMINATIONS
, OR IS RESPONSIBLE FOR THE STORAGE OR
DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL
EXAMINATIONS MAY PARTICIPATE IN THE SYSTEM
.
(4) (a) O
N OR AFTER JANUARY 30, 2026, AND ON OR BEFORE
PAGE 3-HOUSE BILL 23-1199 JANUARY 30 OF EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF
THE HOUSE OF REPRESENTATIVES AND SENATE
, OR ANY SUCCESSOR
COMMITTEES
, INCLUDING THE FOLLOWING INFORMATION FROM THE
PRECEDING CALENDAR YEAR
:
(I) T
HE NUMBER OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS
REPORTED INTO THE SYSTEM
, IN TOTAL AND DISAGGREGATED BY THE TYPE
OF REPORT
;
(II) T
HE TOTAL NUMBER OF SEXUAL ASSAULT EVIDENCE COLLECTION
KITS ANALYZED BY A FORENSIC LABORATORY
; AND
(III) THE TOTAL NUMBER OF SEXUAL ASSAULT EVIDENCE
COLLECTION KITS PENDING ANALYSIS BY A FORENSIC LABORATORY
.
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL
'S
INFORMATION
.
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SUBSECTION
(4) CONTINUES INDEFINITELY.
(5) T
HE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF LIAISON
FOR MISSING AND MURDERED INDIGE NOUS RELATIVES TO MAKE
RECOMMENDATIONS TO ENSURE THE SYSTEM DEVELOPED PURSUANT TO THIS
SECTION IS ACCESSIBLE TO VICTIMS OF ALLEGED SEXUAL ASSAULT IN A
TRIBAL JURISDICTION
.
(6) F
OR THE 2023-24 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE SEVEN HUNDRED FORTY
-FOUR THOUSAND THREE
HUNDRED FIFTY
-ONE DOLLARS FROM THE COLORADO CRIME VICTIM
SERVICES FUND
, CREATED PURSUANT TO SECTION 24-33.5-505.5, TO THE
DEPARTMENT FOR THE PURPOSE OF DEVELOPING AND MAINTAINING THE
SYSTEM PURSUANT TO THIS SECTION
.
SECTION 2. In Colorado Revised Statutes, 24-33.5-505.5, add
(2.5) as follows:
PAGE 4-HOUSE BILL 23-1199 24-33.5-505.5. Colorado crime victim services fund - creation -
uses - applications for grants - legislative declaration - repeal.
(2.5) (a) F
OR THE 2023-24 STATE FISCAL YEAR, SEVEN HUNDRED
FORTY
-FOUR THOUSAND THREE HUNDRED FIFTY -ONE DOLLARS IS ANNUALLY
APPROPRIATED FROM THE FUND TO THE DEPARTMENT FOR THE PURPOSE OF
DEVELOPING AND MAINTAINING THE CONFIDENTIAL AND SECURE STATEWIDE
SYSTEM PURSUANT TO SECTION
24-33.5-113.5.
(b) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 3. In Colorado Revised Statutes, 18-3-407.7, amend (1)
and (2)(a); and add (2)(a.5), (4), and (5) as follows:
18-3-407.7. Sexual assault victim emergency payment program
- creation - eligibility. (1) There is hereby created the sexual assault victim
emergency payment program, referred to in this section as the "program",
in the division of criminal justice in the department of public safety. The
purpose of the program is to assist medical-reporting
victims of sexual
assault with medical expenses associated with a sexual assault that are not
otherwise covered pursuant to section 18-3-407.5 or any other victim
compensation program.
(2) (a) A medical-reporting
victim must request and receive a
medical forensic examination to be eligible to have medical costs and fees
covered through the program. The division of criminal justice shall develop
a policy for administering the program. The policy must include a
requirement to establish a cap for the amount payable per victim based on
actual and reasonable costs and available funds, but the minimum cap must
not be less than one thousand dollars. The program must cover medical fees
and costs associated with obtaining the medical forensic examination,
including but not limited to emergency department fees and costs,
laboratory fees, prescription medication, and physician's fees, as long as
funds are available. The program may also cover medical fees and costs for
injuries directly related to the sexual assault. The program may also pay for
any uncovered direct costs of the medical forensic examination. for a
medical-reporting victim. The total amount paid for all expenses must not
exceed the annual cap established by the division of criminal justice.
(a.5) A
LAW ENFORCEMENT AGENCY MAY REQUEST REIMBURSEMENT
PAGE 5-HOUSE BILL 23-1199 TO HAVE COSTS ASSOCIATED WITH THE COLLECTION OF FORENSIC EVIDENCE
FOR A VICTIM COVERED THROUGH THE PROGRAM
. THE DIVISION OF CRIMINAL
JUSTICE SHALL DEVELOP A POLICY
, INCLUDING A REQUIREMENT TO
ESTABLISH AN ANNUAL CAP
, FOR THE AMOUNT PAYABLE TO A LAW
ENFORCEMENT AGENCY BASED ON ACTUAL AND REASONABLE COSTS AND
AVAILABLE FUNDS
.
(4) B
Y DECEMBER 31, 2024, THE DIVISION OF CRIMINAL JUSTICE
SHALL DEVELOP AND MAINTAIN A SYSTEM THAT ALLOWS THE DIVISION TO
TRACK CLAIMS
, PROCESS INVOICES, SORT INFORMATION, AND PRODUCE
REPORTS CONCERNING
, AT A MINIMUM:
(a) T
HE NUMBER OF MEDICAL FORENSIC EXAMINATIONS PAID FOR BY
THE PROGRAM
;
(b) T
HE TOTAL COST OF SERVICES COMPENSATED RELATED TO
MEDICAL FORENSIC EXAMINATIONS PAID FOR BY THE PROGRAM
;
(c) I
NFORMATION CONCERNING THE STATUS OF CLAIMS IN THE
SYSTEM
, INCLUDING THE NUMBER OF CLAIMS PAID, THE NUMBER OF CLAIMS
DENIED AND REASONS FOR DENIAL
, THE NUMBER OF CLAIMS PENDING
APPROVAL OR DENIAL
, AND THE AVERAGE TIME BETWEEN REIMBURSEMENT
CLAIM SUBMISSION AND APPROVAL OR DENIAL BY THE PROGRAM
;
(d) T
HE NAMES AND LOCATIONS OF MEDICAL FACILITIES THAT
SUBMITTED CLAIMS FOR REIMBURSEMENT FROM THE PROGRAM
; AND
(e) DEMOGRAPHIC INFORMATION OF VICTIMS WHOSE CLAIMS ARE
REIMBURSED AND DENIED THROUGH THE PROGRAM
, IF AVAILABLE.
(5) (a) O
N OR BEFORE JANUARY 30, 2026, AND ON OR BEFORE
JANUARY 30 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A
REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES
AND SENATE
, OR ANY SUCCESSOR COMMI TTEES , WITH THE INFORMATION
DESCRIBED IN SUBSECTION
(4) OF THIS SECTION FROM THE PRECEDING
CALENDAR YEAR
.
(b) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL
'S
PAGE 6-HOUSE BILL 23-1199 INFORMATION.
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SUBSECTION
(5) CONTINUES INDEFINITELY.
SECTION 4. In Colorado Revised Statutes, 18-1-1001, amend
(8)(b) as follows:
18-1-1001. Protection order against defendant - definitions.
(8) For purposes of this section:
(b) "Until final disposition of the action" means until the case is
dismissed, until the defendant is acquitted, or
until the defendant completes
his or her THE DEFENDANT'S sentence, OR UNTIL THE DEFENDANT 'S
COMMITMENT IS TERMINATED AND THE DEFENDANT IS DISCHARGED FROM
SUPERVISION FOLLOWING A VERDICT OF NOT GUILTY BY REASON OF INSANITY
PURSUANT TO SECTION
16-8-115. Any defendant sentenced to probation is
deemed to have completed his or her
THE DEFENDANT'S sentence upon
discharge from probation. A defendant sentenced to incarceration is deemed
to have completed his or her
THE DEFENDANT'S sentence upon release from
incarceration and discharge from parole supervision.
SECTION 5. Appropriation. (1) For the 2023-24 state fiscal year,
$523,686 is appropriated to the office of the governor for use by the office
of information technology. This appropriation is from reappropriated funds
received from the department of public safety under section 24.33.5-505.5
(2.5)(a), C.R.S., and is based on the assumption that the office will require
an additional 2.7 FTE. To implement this act, the office may use this
appropriation to provide information technology services for the department
of public safety.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 7-HOUSE BILL 23-1199 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 23-1199