Colorado 2023 Regular Session

Colorado House Bill HB1199 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0080.01 Jacob Baus x2173
1	8		HOUSE BILL 23-1199
2		-	BY REPRESENTATIVE(S) Froelich and Soper, Amabile, Bacon, Bird,
3		-	Brown, Dickson, Duran, Hamrick, Kipp, Lieder, Lindsay, Lindstedt,
4		-	Marshall, McLachlan, Michaelson Jenet, Parenti, Sirota, Snyder, Titone,
5		-	Velasco, Vigil, Weissman, Willford, Young, Boesenecker, Bradley, Catlin,
6		-	Garcia, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Mabrey, McCormick,
7		-	Pugliese, Ricks, Sharbini, Story, Valdez, McCluskie;
8		-	also SENATOR(S) Winter F., Bridges, Buckner, Coleman, Cutter,
9		-	Danielson, Exum, Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez
10		-	Lewis, Kirkmeyer, Liston, Marchman, Moreno, Mullica, Pelton B.,
11		-	Pelton R., Priola, Roberts, Smallwood, Sullivan, Will, Zenzinger.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
12	13		C
13		-	ONCERNING MEASURES TO PROVIDE ADDITIONAL ACCESS TO SERVICES FOR
14		-	VICTIMS OF SEXUAL ASSAULT
15		-	, AND, IN CONNECTION THEREWITH ,
16		-	MAKING AN APPROPRIATION.
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, add 24-33.5-113.5 as
19		-	follows:
20		-	24-33.5-113.5. Forensic medical evidence in sexual assault cases
21		-	- tracking system. (1) T
22		-	HE DEPARTMENT SHALL DEVELOP AND MAINTAIN
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. A CONFIDENTIAL AND SECURE STATEWIDE SYSTEM , REFERRED TO IN THIS
31		-	SECTION AS
32		-	"SYSTEM", FOR VICTIMS OF ALLEGED SEXUAL ASSAULT TO
33		-	MONITOR THE STATUS AND LOCATION OF THEIR SEXUAL ASSAULT EVIDENCE
34		-	COLLECTION KIT
35		-	. THE SYSTEM MUST BE OPERATIONAL BY JUNE 30, 2025.
36		-	T
37		-	HE DEPARTMENT SHALL MAINTAIN AND OPERATE THE SYSTEM .
	14	+	ONCERNING MEASURES TO PR OVIDE ADDITIONAL ACCESS TO101
	15	+	SERVICES FOR VICTIMS OF SEXUAL ASSAULT , AND, IN
	16	+	102
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill requires the department of public safety (department), by
	26	+	December 31, 2024, to develop and maintain a statewide system for
	27	+	victims of alleged sexual assault to monitor the status of evidence
	28	+	obtained from their forensic medical evidence examinations. The system
	29	+	must also provide relevant information for victims regarding the
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 4, 2023
	33	+	SENATE
	34	+	Amended 2nd Reading
	35	+	May 3, 2023
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 21, 2023
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 20, 2023
	42	+	HOUSE SPONSORSHIP
	43	+	Froelich and Soper, Amabile, Bacon, Bird, Brown, Dickson, Duran, Hamrick, Kipp,
	44	+	Lieder, Lindsay, Lindstedt, Marshall, McLachlan, Michaelson Jenet, Parenti, Sirota, Snyder,
	45	+	Titone, Velasco, Vigil, Weissman, Willford, Young
	46	+	SENATE SPONSORSHIP
	47	+	Winter F., Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Gardner, Ginal, Gonzales,
	48	+	Hansen, Hinrichsen, Jaquez Lewis, Kirkmeyer, Liston, Marchman, Moreno, Mullica, Pelton
	49	+	B., Pelton R., Priola, Roberts, Smallwood, Sullivan, Will, Zenzinger
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. processing, custody, analysis, and destruction of evidence, as well as
	53	+	contact information for law enforcement and victim resources.
	54	+	Under current law, the division of criminal justice (division) in the
	55	+	department administers the sexual assault victim emergency payment
	56	+	program (program), which assists victims of sexual assault with medical
	57	+	expenses associated with a sexual assault. The bill repeals the
	58	+	requirement that the department cap an amount payable per victim based
	59	+	on reasonable costs and available funds and instead requires the
	60	+	department to cap amounts payable to medical facilities seeking
	61	+	reimbursement for services.
	62	+	The bill prohibits a medical facility that administers a medical
	63	+	forensic examination to a victim of an alleged sexual assault from billing
	64	+	the victim or the victim's public or private coverage for medical fees or
	65	+	costs associated with the examination unless the victim consents to the
	66	+	billing. A medical facility that administers a forensic medical examination
	67	+	may seek reimbursement from the program.
	68	+	Be it enacted by the General Assembly of the State of Colorado:1
	69	+	SECTION 1. In Colorado Revised Statutes, add 24-33.5-113.52
	70	+	as follows:3
	71	+	24-33.5-113.5. Forensic medical evidence in sexual assault4
	72	+	cases - tracking system. (1) T
	73	+	HE DEPARTMENT SHALL DEVELOP AND5
	74	+	MAINTAIN A CONFIDENTIAL AND SECURE STATEWIDE SYSTEM , REFERRED6
	75	+	TO IN THIS SECTION AS "SYSTEM", FOR VICTIMS OF ALLEGED SEXUAL7
	76	+	ASSAULT TO MONITOR THE STATUS AND LOCATION OF
	77	+	THEIR SEXUAL8
	78	+	ASSAULT EVIDENCE COLLECTION KIT. THE SYSTEM MUST BE OPERATIONAL9
	79	+	BY JUNE 30, 2025. THE DEPARTMENT SHALL MAINTAIN AND OPERATE THE10
	80	+	SYSTEM.11
38	81		(2) (a) (I) I
39		-	F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT CONSENTS
40		-	TO ANALYSIS OF THE VICTIM
41		-	'S FORENSIC MEDICAL EVIDENCE EXAMINATION ,
42		-	THE SYSTEM MUST TRACK THE LOCATION , DATE, AND TIME OF THE
43		-	FOLLOWING RELEVANT STAGES
44		-	:
	82	+	F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT12
	83	+	CONSENTS TO ANALYSIS OF THE VICTIM 'S FORENSIC MEDICAL EVIDENCE13
	84	+	EXAMINATION, THE SYSTEM MUST TRACK THE LOCATION , DATE, AND TIME14
	85	+	OF THE FOLLOWING RELEVANT STAGES :15
45	86		(A) F
46		-	ORENSIC MEDICAL EVIDENCE EXAMINATION ;
	87	+	ORENSIC MEDICAL EVIDENCE EXAMINATION ;16
	88	+	1199-2- (B) POSSESSION OF THEIR SEXUAL ASSAULT EVIDENCE COLLECTION1
	89	+	KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE ;2
	90	+	(C) P
	91	+	OSSESSION
	92	+	OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE3
	93	+	COLLECTION KIT BY A FORENSIC LABORATORY FOR ANALYSIS ;4
	94	+	(D) C
	95	+	OMPLETION OF THE FORENSIC LABORATORY 'S
	96	+	ANALYSIS OF5
	97	+	THE VICTIM'S SEXUAL ASSAULT EVIDENCE COLLECTION KIT ; AND6
	98	+	(E) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE7
	99	+	EVIDENCE OBTAINED FROM THE VICTIM'S FORENSIC MEDICAL EVIDENCE8
	100	+	EXAMINATION.9
	101	+	(II) I
	102	+	F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT DOES NOT10
	103	+	CONSENT TO HAVING THE EVIDENCE OBTAINED FROM THE VICTIM 'S11
	104	+	FORENSIC MEDICAL EVIDENCE EXAMINATION ANALYZED , THE RELEVANT12
	105	+	STAGES OF ANALYSIS INCLUDE:13
	106	+	(A) F
	107	+	ORENSIC MEDICAL EVIDENCE EXAMINATION ;14
47	108		(B) P
48		-	OSSESSION OF THEIR SEXUAL ASSAULT EVIDENCE COLLECTION
49		-	KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE
50		-	;
51		-	(C) P
52		-	OSSESSION OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE
53		-	COLLECTION KIT BY A FORENSIC LABORATORY FOR ANALYSIS
54		-	;
55		-	(D) C
56		-	OMPLETION OF THE FORENSIC LABORATORY 'S ANALYSIS OF THE
57		-	VICTIM
58		-	'S SEXUAL ASSAULT EVIDENCE COLLECTION KIT ; AND
59		-	(E) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE EVIDENCE
60		-	OBTAINED FROM THE VICTIM
61		-	'S FORENSIC MEDICAL EVIDENCE EXAMINATION .
62		-	(II) I
63		-	F THE VICTIM OF AN ALLEGED SEXUAL ASSAULT DOES NOT
64		-	CONSENT TO HAVING THE EVIDENCE OBTAINED FROM THE VICTIM
65		-	'S FORENSIC
66		-	MEDICAL EVIDENCE EXAMINATION ANALYZED
67		-	, THE RELEVANT STAGES OF
68		-	ANALYSIS INCLUDE
69		-	:
70		-	(A) F
71		-	ORENSIC MEDICAL EVIDENCE EXAMINATION ;
72		-	(B) P
73		-	OSSESSION OF THE VICTIM'S SEXUAL ASSAULT EVIDENCE
74		-	COLLECTION KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE
75		-	; AND
76		-	(C) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE EVIDENCE
77		-	OBTAINED FROM THE VICTIM
78		-	'S FORENSIC MEDICAL EVIDENCE EXAMINATION .
	109	+	OSSESSION OF
	110	+	THE VICTIM'S SEXUAL ASSAULT EVIDENCE15
	111	+	COLLECTION KIT BY A LAW ENFORCEMENT AGENCY FOR STORAGE ; AND16
	112	+	(C) EARLIEST ANTICIPATED DATE OF DESTRUCTION OF THE17
	113	+	EVIDENCE OBTAINED FROM THE VICTIM 'S FORENSIC MEDICAL EVIDENCE18
	114	+	EXAMINATION.19
79	115		(b) T
80		-	HE SYSTEM MUST PROVIDE VICTIMS OF AN ALLEGED SEXUAL
81		-	ASSAULT WITH INFORMATION CONCERNING
82		-	:
83		-	PAGE 2-HOUSE BILL 23-1199 (I) FINANCIAL ASSISTANCE AND COMPENSATION PROGRAMS FOR
84		-	VICTIMS OF SEXUAL ASSAULT
85		-	;
	116	+	HE SYSTEM MUST PROVIDE VICTIMS OF AN ALLEGED SEXUAL20
	117	+	ASSAULT WITH INFORMATION CONCERNING :21
	118	+	(I)
	119	+	FINANCIAL ASSISTANCE AND COMPENSATION PROGRAMS FOR22
	120	+	VICTIMS OF SEXUAL ASSAULT;23
86	121		(II) U
87		-	P-TO-DATE STATUTORY AND REGULATORY ~~INFORMATION~~
88		-	~~CONCERNING VICTIMS OF AN ALLEGED SEXUAL ASSAULT~~
89		-	;
	122	+	P-TO-DATE STATUTORY AND REGULATORY
	123	+	INFORMATION24
	124	+	CONCERNING VICTIMS OF AN ALLEGED SEXUAL ASSAULT ;25
90	125		(III) D
91		-	EADLINES REGARDING THE PROCESSING , CUSTODY, ~~ANALYSIS,~~
92		-	AND DESTRUCTION OF EVIDENCE OBTAINED FROM ~~FORENSIC MEDICAL~~
93		-	~~EXAMINATIONS~~
94		-	;
	126	+	EADLINES REGARDING THE PROCESSING , CUSTODY,26
	127	+	ANALYSIS, AND DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC27
	128	+	1199
	129	+	-3- MEDICAL EXAMINATIONS;1
95	130		(IV) H
96		-	OW A VICTIM OF ALLEGED SEXUAL ASSAULT MAY OBJECT TO
97		-	THE DESTRUCTION OF FORENSIC MEDICAL EVIDENCE PURSUANT ~~TO SECTION~~
98		-	24-4.1-303;
	131	+	OW A VICTIM OF ALLEGED SEXUAL ASSAULT MAY OBJECT TO2
	132	+	THE DESTRUCTION OF FORENSIC MEDICAL EVIDENCE PURSUANT TO3
	133	+	SECTION 24-4.1-303;4
99	134		(V) C
100		-	ONTACT INFORMATION FOR THE SYSTEM 'S ADMINISTRATOR AND
101		-	FOR THE LAW ENFORCEMENT AGENCY STORING EVIDENCE OBTAINED FROM
102		-	THE VICTIM OF ALLEGED SEXUAL ASSAULT
103		-	'S FORENSIC MEDICAL EVIDENCE
104		-	EXAMINATION
105		-	; AND
106		-	(VI) COMMUNITY-BASED RESOURCES AND SERVICES FOR VICTIMS OF
107		-	SEXUAL ASSAULT
108		-	.
	135	+	ONTACT INFORMATION FOR THE SYSTEM 'S ADMINISTRATOR5
	136	+	AND FOR THE LAW ENFORCEMENT AGENCY STORING EVIDENCE OBTAINED6
	137	+	FROM THE VICTIM OF ALLEGED SEXUAL ASSAULT 'S FORENSIC MEDICAL7
	138	+	EVIDENCE EXAMINATION; AND8
	139	+	(VI) C
	140	+	OMMUNITY-BASED RESOURCES AND SERVICES FOR VICTIMS9
	141	+	OF SEXUAL ASSAULT.10
109	142		(3) (a) E
110		-	VERY STATE OR LOCAL LAW ENFORCEMENT AGENCY ,
111		-	MEDICAL FACILITY, CRIME LABORATORY, OR OTHER PERSON OR ENTITY THAT
112		-	SUPPLIES OR PERFORMS FORENSIC MEDICAL EVIDENCE EXAMINATIONS
113		-	,
114		-	ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE
115		-	EXAMINATIONS
116		-	, OR IS RESPONSIBLE FOR THE STORAGE OR DESTRUCTION OF
117		-	EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE EXAMINATIONS
118		-	,
119		-	SHALL PARTICIPATE IN THE SYSTEM.
	143	+	VERY STATE OR LOCAL LAW ENFORCEMENT AGENCY ,11
	144	+	MEDICAL FACILITY, CRIME LABORATORY, OR OTHER PERSON OR ENTITY12
	145	+	THAT SUPPLIES OR PERFORMS FORENSIC MEDICAL EVIDENCE13
	146	+	EXAMINATIONS, ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL14
	147	+	EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE STORAGE OR15
	148	+	DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL EVIDENCE16
	149	+	EXAMINATIONS, SHALL PARTICIPATE IN THE SYSTEM.17
120	150		(b) T
121		-	HE FEDERAL BUREAU OF INVESTIGATION , A TRIBAL LAW
122		-	ENFORCEMENT AGENCY LOCATED IN
123		-	COLORADO, OR A FEDERAL INDIAN
124		-	HEALTH SERVICE LOCATED IN
125		-	COLORADO THAT SUPPLIES FORENSIC MEDICAL
126		-	EVIDENCE EXAMINATIONS
127		-	, PERFORMS FORENSIC MEDICAL EVIDENCE
128		-	EXAMINATIONS
129		-	, ANALYZES EVIDENCE OBTAINED FROM FORENSIC MEDICAL
130		-	EVIDENCE EXAMINATIONS
131		-	, OR IS RESPONSIBLE FOR THE STORAGE OR
132		-	DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC MEDICAL
133		-	EXAMINATIONS MAY PARTICIPATE IN THE SYSTEM
134		-	.
	151	+	HE FEDERAL BUREAU OF INVESTIGATION , A TRIBAL LAW18
	152	+	ENFORCEMENT AGENCY LOCATED IN COLORADO, OR A FEDERAL INDIAN19
	153	+	HEALTH SERVICE LOCATED IN COLORADO THAT SUPPLIES FORENSIC20
	154	+	MEDICAL EVIDENCE EXAMINATIONS , PERFORMS FORENSIC MEDICAL21
	155	+	EVIDENCE EXAMINATIONS , ANALYZES EVIDENCE OBTAINED FROM22
	156	+	FORENSIC MEDICAL EVIDENCE EXAMINATIONS , OR IS RESPONSIBLE FOR THE23
	157	+	STORAGE OR DESTRUCTION OF EVIDENCE OBTAINED FROM FORENSIC24
	158	+	MEDICAL EXAMINATIONS MAY PARTICIPATE IN THE SYSTEM .25
135	159		(4) (a) O
136		-	N OR AFTER JANUARY 30, 2026, AND ON OR BEFORE
137		-	PAGE 3-HOUSE BILL 23-1199 JANUARY 30 OF EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF THE
138		-	DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF
139		-	THE HOUSE OF REPRESENTATIVES AND SENATE
140		-	, OR ANY SUCCESSOR
141		-	COMMITTEES
142		-	, INCLUDING THE FOLLOWING INFORMATION FROM THE
143		-	PRECEDING CALENDAR YEAR
144		-	:
	160	+	N OR AFTER JANUARY 30, 2026, AND ON OR BEFORE26
	161	+	J
	162	+	ANUARY 30 OF EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF27
	163	+	1199
	164	+	-4- THE DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY1
	165	+	COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE , OR ANY2
	166	+	SUCCESSOR COMMITTEES, INCLUDING THE FOLLOWING INFORMATION FROM3
	167	+	THE PRECEDING CALENDAR YEAR :4
145	168		(I) T
146		-	HE NUMBER OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS
147		-	REPORTED INTO THE SYSTEM
148		-	, IN TOTAL AND DISAGGREGATED BY THE TYPE
149		-	OF REPORT
150		-	;
	169	+	HE NUMBER OF
	170	+	SEXUAL ASSAULT EVIDENCE COLLECTION KITS5
	171	+	REPORTED INTO THE SYSTEM, IN TOTAL AND DISAGGREGATED BY THE TYPE6
	172	+	OF REPORT;7
151	173		(II) T
152		-	HE TOTAL NUMBER OF SEXUAL ASSAULT EVIDENCE COLLECTION
153		-	KITS ANALYZED BY A FORENSIC LABORATORY
154		-	; AND
155		-	(III) THE TOTAL NUMBER OF SEXUAL ASSAULT EVIDENCE
156		-	COLLECTION KITS PENDING ANALYSIS BY A FORENSIC LABORATORY
157		-	.
	174	+	HE TOTAL NUMBER OF
	175	+	SEXUAL ASSAULT EVIDENCE8
	176	+	COLLECTION KITS ANALYZED BY A FORENSIC LABORATORY ; AND9
	177	+	(III) T
	178	+	HE TOTAL NUMBER OF
	179	+	SEXUAL ASSAULT EVIDENCE10
	180	+	COLLECTION KITS PENDING ANALYSIS BY A FORENSIC LABORATORY .11
158	181		(b) T
159		-	HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT
160		-	DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND
161		-	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL
162		-	'S
163		-	INFORMATION
164		-	.
	182	+	HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT12
	183	+	DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND13
	184	+	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S14
	185	+	INFORMATION.15
165	186		(c) N
166		-	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-~~136~~
	187	+	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13616
167	188		(11)(a)(I),
168		-	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
169		-	SUBSECTION
170		-	(4) CONTINUES INDEFINITELY.
	189	+	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS17
	190	+	SUBSECTION (4) CONTINUES INDEFINITELY.18
171	191		(5) T
172		-	HE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF LIAISON
173		-	FOR MISSING AND MURDERED INDIGE NOUS RELATIVES TO MAKE
174		-	RECOMMENDATIONS TO ENSURE THE SYSTEM DEVELOPED PURSUANT TO THIS
175		-	SECTION IS ACCESSIBLE TO VICTIMS OF ALLEGED SEXUAL ASSAULT IN A
176		-	TRIBAL JURISDICTION
177		-	.
	192	+	HE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF19
	193	+	LIAISON FOR MISSING AND MURDERED INDIGE NOUS RELATIVES TO MAKE20
	194	+	RECOMMENDATIONS TO ENSURE THE SYSTEM DEVELOPED PURSUANT TO21
	195	+	THIS SECTION IS ACCESSIBLE TO VICTIMS OF ALLEGED SEXUAL ASSAULT IN22
	196	+	A TRIBAL JURISDICTION.23
178	197		(6) F
179		-	OR THE 2023-24 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
180		-	SHALL APPROPRIATE SEVEN HUNDRED FORTY
181		-	-FOUR THOUSAND THREE
182		-	HUNDRED FIFTY
183		-	-ONE DOLLARS FROM THE COLORADO CRIME VICTIM
184		-	SERVICES FUND
185		-	, CREATED PURSUANT TO SECTION 24-33.5-505.5, TO THE
186		-	DEPARTMENT FOR THE PURPOSE OF DEVELOPING AND MAINTAINING THE
187		-	SYSTEM PURSUANT TO THIS SECTION
188		-	.
189		-	SECTION 2. In Colorado Revised Statutes, 24-33.5-505.5, add
190		-	(2.5) as follows:
191		-	PAGE 4-HOUSE BILL 23-1199 24-33.5-505.5. Colorado crime victim services fund - creation -
192		-	uses - applications for grants - legislative declaration - repeal.
	198	+	OR THE 2023-24 STATE FISCAL YEAR, THE GENERAL
	199	+	24
	200	+	ASSEMBLY SHALL APPROPRIATE SEVEN HUNDRED FORTY -FOUR THOUSAND25
	201	+	THREE HUNDRED FIFTY-ONE DOLLARS FROM THE COLORADO CRIME VICTIM26
	202	+	SERVICES FUND, CREATED PURSUANT TO SECTION 24-33.5-505.5, TO THE27
	203	+	1199
	204	+	-5- DEPARTMENT FOR THE PURPOSE OF DEVELOPING AND MAINTAINING THE1
	205	+	SYSTEM PURSUANT TO THIS SECTION .2
	206	+	SECTION 2. In Colorado Revised Statutes, 24-33.5-505.5, add3
	207	+	(2.5) as follows:4
	208	+	24-33.5-505.5. Colorado crime victim services fund - creation5
	209	+	- uses - applications for grants - legislative declaration - repeal.6
193	210		(2.5) (a) F
194	211		OR THE 2023-24 STATE FISCAL YEAR, SEVEN HUNDRED
195		-	FORTY
196		-	-FOUR THOUSAND THREE HUNDRED FIFTY -ONE DOLLARS IS ANNUALLY
197		-	APPROPRIATED FROM THE FUND TO THE DEPARTMENT FOR THE PURPOSE OF
198		-	DEVELOPING AND MAINTAINING THE CONFIDENTIAL AND SECURE STATEWIDE
199		-	SYSTEM PURSUANT TO SECTION
200		-	24-33.5-113.5.
	212	+	7
	213	+	FORTY-FOUR THOUSAND THREE HUNDRED FIFTY -ONE DOLLARS IS8
	214	+	ANNUALLY APPROPRIATED FROM THE FUND TO THE DEPARTMENT FOR THE9
	215	+	PURPOSE OF DEVELOPING AND MAINTAINING THE CONFIDENTIAL AND10
	216	+	SECURE STATEWIDE SYSTEM PURSUANT TO SECTION 24-33.5-113.5.11
201	217		(b) T
202	218		HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JULY 1, 2025.
203		-	SECTION 3. In Colorado Revised Statutes, 18-3-407.7, amend (1)
204		-	and (2)(a); and add (2)(a.5), (4), and (5) as follows:
205		-	18-3-407.7. Sexual assault victim emergency payment program
206		-	- creation - eligibility. (1) There is hereby created the sexual assault victim
207		-	emergency payment program, referred to in this section as the "program",
208		-	in the division of criminal justice in the department of public safety. The
209		-	purpose of the program is to assist medical-reporting
210		-	victims of sexual
211		-	assault with medical expenses associated with a sexual assault that are not
212		-	otherwise covered pursuant to section 18-3-407.5 or any other victim
213		-	compensation program.
214		-	(2) (a) A medical-reporting
215		-	victim must request and receive a
216		-	medical forensic examination to be eligible to have medical costs and fees
217		-	covered through the program. The division of criminal justice shall develop
218		-	a policy for administering the program. The policy must include a
219		-	requirement to establish a cap for the amount payable per victim based on
220		-	actual and reasonable costs and available funds, but the minimum cap must
221		-	not be less than one thousand dollars. The program must cover medical fees
222		-	and costs associated with obtaining the medical forensic examination,
223		-	including but not limited to emergency department fees and costs,
224		-	laboratory fees, prescription medication, and physician's fees, as long as
225		-	funds are available. The program may also cover medical fees and costs for
226		-	injuries directly related to the sexual assault. The program may also pay for
227		-	any uncovered direct costs of the medical forensic examination. for a
228		-	medical-reporting victim. The total amount paid for all expenses must not
229		-	exceed the annual cap established by the division of criminal justice.
230		-	(a.5) A
231		-	LAW ENFORCEMENT AGENCY MAY REQUEST REIMBURSEMENT
232		-	PAGE 5-HOUSE BILL 23-1199 TO HAVE COSTS ASSOCIATED WITH THE COLLECTION OF FORENSIC EVIDENCE
233		-	FOR A VICTIM COVERED THROUGH THE PROGRAM
234		-	. THE DIVISION OF CRIMINAL
235		-	JUSTICE SHALL DEVELOP A POLICY
236		-	, INCLUDING A REQUIREMENT TO
237		-	ESTABLISH AN ANNUAL CAP
238		-	, FOR THE AMOUNT PAYABLE TO A LAW
239		-	ENFORCEMENT AGENCY BASED ON ACTUAL AND REASONABLE COSTS AND
240		-	AVAILABLE FUNDS
241		-	.
	219	+	12
	220	+	SECTION 3. In Colorado Revised Statutes, 18-3-407.7, amend13
	221	+	(1) and (2)(a); and add (2)(a.5), (4), and (5) as follows:14
	222	+	18-3-407.7. Sexual assault victim emergency payment15
	223	+	program - creation - eligibility. (1) There is hereby created the sexual16
	224	+	assault victim emergency payment program, referred to in this section as17
	225	+	the "program", in the division of criminal justice in the department of18
	226	+	public safety. The purpose of the program is to assist medical-reporting19
	227	+	victims of sexual assault with medical expenses associated with a sexual20
	228	+	assault that are not otherwise covered pursuant to section 18-3-407.5 or21
	229	+	any other victim compensation program.22
	230	+	(2) (a) A medical-reporting victim must request and receive a23
	231	+	medical forensic examination to be eligible to have medical costs and fees24
	232	+	covered through the program. The division of criminal justice shall25
	233	+	develop a policy for administering the program. The policy must include26
	234	+	a requirement to establish a cap for the amount payable per victim based27
	235	+	1199
	236	+	-6- on actual and reasonable costs and available funds, but the minimum cap1
	237	+	must not be less than one thousand dollars. The program must cover2
	238	+	medical fees and costs associated with obtaining the medical forensic3
	239	+	examination, including but not limited to emergency department fees and4
	240	+	costs, laboratory fees, prescription medication, and physician's fees, as5
	241	+	long as funds are available. The program may also cover medical fees and6
	242	+	costs for injuries directly related to the sexual assault. The program may7
	243	+	also pay for any uncovered direct costs of the medical forensic8
	244	+	examination. for a medical-reporting victim. The total amount paid for all9
	245	+	expenses must not exceed the annual cap established by the division of10
	246	+	criminal justice.11
	247	+	(a.5) A LAW ENFORCEMENT AGENCY MAY REQUEST12
	248	+	REIMBURSEMENT TO HAVE COSTS ASSOCIATED WITH THE COLLECTION OF13
	249	+	FORENSIC EVIDENCE FOR A VICTIM COVERED THROUGH THE PROGRAM . THE14
	250	+	DIVISION OF CRIMINAL JUSTICE SHALL DEVELOP A POLICY, INCLUDING A15
	251	+	REQUIREMENT TO ESTABLISH AN ANNUAL CAP, FOR THE AMOUNT PAYABLE16
	252	+	TO A LAW ENFORCEMENT AGENCY BASED ON ACTUAL AND REASONABLE17
	253	+	COSTS AND AVAILABLE FUNDS.18
	254	+	19
242	255		(4) B
243		-	Y DECEMBER 31, 2024, THE DIVISION OF CRIMINAL JUSTICE
244		-	SHALL DEVELOP AND MAINTAIN A SYSTEM THAT ALLOWS THE DIVISION TO
245		-	TRACK CLAIMS
246		-	, PROCESS INVOICES, SORT INFORMATION, AND PRODUCE
247		-	REPORTS CONCERNING
248		-	, AT A MINIMUM:
	256	+	Y DECEMBER 31, 2024, THE DIVISION OF CRIMINAL JUSTICE20
	257	+	SHALL DEVELOP AND MAINTAIN A SYSTEM THAT ALLOWS THE DIVISION TO21
	258	+	TRACK CLAIMS, PROCESS INVOICES, SORT INFORMATION, AND PRODUCE22
	259	+	REPORTS CONCERNING, AT A MINIMUM:23
249	260		(a) T
250		-	HE NUMBER OF MEDICAL FORENSIC EXAMINATIONS PAID FOR BY
251		-	THE PROGRAM
252		-	;
	261	+	HE NUMBER OF MEDICAL FORENSIC EXAMINATIONS PAID FOR24
	262	+	BY THE PROGRAM;25
253	263		(b) T
254		-	HE TOTAL COST OF SERVICES COMPENSATED RELATED TO
255		-	MEDICAL FORENSIC EXAMINATIONS PAID FOR BY THE PROGRAM
256		-	;
257		-	(c) I
258		-	NFORMATION CONCERNING THE STATUS OF CLAIMS IN THE
259		-	SYSTEM
260		-	, INCLUDING THE NUMBER OF CLAIMS PAID, THE NUMBER OF CLAIMS
261		-	DENIED AND REASONS FOR DENIAL
262		-	, THE NUMBER OF CLAIMS PENDING
263		-	APPROVAL OR DENIAL
264		-	, AND THE AVERAGE TIME BETWEEN REIMBURSEMENT
265		-	CLAIM SUBMISSION AND APPROVAL OR DENIAL BY THE PROGRAM
266		-	;
	264	+	HE TOTAL COST OF SERVICES COMPENSATED RELATED TO26
	265	+	MEDICAL FORENSIC EXAMINATIONS PAID FOR BY THE PROGRAM ;27
	266	+	1199
	267	+	-7- (c) INFORMATION CONCERNING THE STATUS OF CLAIMS IN THE1
	268	+	SYSTEM, INCLUDING THE NUMBER OF CLAIMS PAID , THE NUMBER OF2
	269	+	CLAIMS DENIED AND REASONS FOR DENIAL, THE NUMBER OF CLAIMS3
	270	+	PENDING APPROVAL OR DENIAL , AND THE AVERAGE TIME BETWEEN4
	271	+	REIMBURSEMENT CLAIM SUBMISSION AND APPROVAL OR DENIAL BY THE5
	272	+	PROGRAM;6
267	273		(d) T
268		-	HE NAMES AND LOCATIONS OF MEDICAL FACILITIES ~~THAT~~
269		-	SUBMITTED CLAIMS FOR REIMBURSEMENT FROM THE PROGRAM
270		-	~~; AND~~
271		-	~~(e) DEMOGRAPHIC~~ INFORMATION OF VICTIMS WHOSE CLAIMS ~~ARE~~
272		-	REIMBURSED ~~AND DENIED THROUGH THE PROGRAM~~
273		-	, IF AVAILABLE.
	274	+	HE NAMES AND LOCATIONS OF MEDICAL FACILITIES THAT7
	275	+	SUBMITTED CLAIMS FOR REIMBURSEMENT FROM THE PROGRAM ; AND8
	276	+	(e) D
	277	+	EMOGRAPHIC INFORMATION OF VICTIMS WHOSE CLAIMS ARE9
	278	+	REIMBURSED
	279	+	AND DENIED THROUGH THE PROGRAM , IF AVAILABLE.10
274	280		(5) (a) O
275		-	N OR BEFORE JANUARY 30, 2026, AND ON OR BEFORE
276		-	JANUARY 30 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A
277		-	REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES
278		-	AND SENATE
279		-	, OR ANY SUCCESSOR COMMI TTEES , WITH THE INFORMATION
280		-	DESCRIBED IN SUBSECTION
281		-	(4) OF THIS SECTION FROM THE PRECEDING
282		-	CALENDAR YEAR
283		-	.
	281	+	N OR BEFORE JANUARY 30, 2026, AND ON OR BEFORE11
	282	+	J
	283	+	ANUARY 30 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A12
	284	+	REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF13
	285	+	REPRESENTATIVES AND SENATE , OR ANY SUCCESSOR COMMITTEES , WITH14
	286	+	THE INFORMATION DESCRIBED IN SUBSECTION (4) OF THIS SECTION FROM15
	287	+	THE PRECEDING CALENDAR YEAR .16
284	288		(b) T
285		-	HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT
286		-	DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND
287		-	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL
288		-	'S
289		-	PAGE 6-HOUSE BILL 23-1199 INFORMATION.
	289	+	HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT17
	290	+	DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND18
	291	+	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF AN INDIVIDUAL 'S19
	292	+	INFORMATION.20
290	293		(c) N
291		-	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-~~136~~
	294	+	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13621
292	295		(11)(a)(I),
293		-	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
294		-	SUBSECTION
295		-	(5) CONTINUES INDEFINITELY.
	296	+	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS22
	297	+	SUBSECTION (5) CONTINUES INDEFINITELY.23
296	298		SECTION 4. In Colorado Revised Statutes, 18-1-1001, amend
297		-	(8)(b) as follows:
298		-	18-1-1001. Protection order against defendant - definitions.
299		-	(8) For purposes of this section:
300		-	(b) "Until final disposition of the action" means until the case is
301		-	dismissed, until the defendant is acquitted, or
302		-	until the defendant completes
303		-	his or her THE DEFENDANT'S sentence, OR UNTIL THE DEFENDANT 'S
304		-	COMMITMENT IS TERMINATED AND THE DEFENDANT IS DISCHARGED FROM
305		-	SUPERVISION FOLLOWING A VERDICT OF NOT GUILTY BY REASON OF INSANITY
306		-	PURSUANT TO SECTION
307		-	16-8-115. Any defendant sentenced to probation is
308		-	deemed to have completed his or her
309		-	THE DEFENDANT'S sentence upon
310		-	discharge from probation. A defendant sentenced to incarceration is deemed
311		-	to have completed his or her
312		-	THE DEFENDANT'S sentence upon release from
313		-	incarceration and discharge from parole supervision.
314		-	SECTION 5. Appropriation. (1) For the 2023-24 state fiscal year,
315		-	$523,686 is appropriated to the office of the governor for use by the office
316		-	of information technology. This appropriation is from reappropriated funds
317		-	received from the department of public safety under section 24.33.5-505.5
318		-	(2.5)(a), C.R.S., and is based on the assumption that the office will require
319		-	an additional 2.7 FTE. To implement this act, the office may use this
320		-	appropriation to provide information technology services for the department
321		-	of public safety.
322		-	SECTION 6. Safety clause. The general assembly hereby finds,
323		-	PAGE 7-HOUSE BILL 23-1199 determines, and declares that this act is necessary for the immediate
324		-	preservation of the public peace, health, or safety.
325		-	____________________________ ____________________________
326		-	Julie McCluskie Steve Fenberg
327		-	SPEAKER OF THE HOUSE PRESIDENT OF
328		-	OF REPRESENTATIVES THE SENATE
329		-	____________________________ ____________________________
330		-	Robin Jones Cindi L. Markwell
331		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
332		-	OF REPRESENTATIVES THE SENATE
333		-	APPROVED________________________________________
334		-	(Date and Time)
335		-	_________________________________________
336		-	Jared S. Polis
337		-	GOVERNOR OF THE STATE OF COLORADO
338		-	PAGE 8-HOUSE BILL 23-1199
	299	+	24
	300	+	(8)(b) as follows:25
	301	+	18-1-1001. Protection order against defendant - definitions.26
	302	+	(8) For purposes of this section:27
	303	+	1199
	304	+	-8- (b) "Until final disposition of the action" means until the case is1
	305	+	dismissed, until the defendant is acquitted, or until the defendant2
	306	+	completes his or her THE DEFENDANT'S sentence, OR UNTIL THE3
	307	+	DEFENDANT'S COMMITMENT IS TERMINATED AND THE DEFENDANT IS4
	308	+	DISCHARGED FROM SUPERVISION FOLLOWING A VERDICT OF NOT GUILTY5
	309	+	BY REASON OF INSANITY PURSUANT TO SECTION 16-8-115. Any defendant6
	310	+	sentenced to probation is deemed to have completed his or her THE7
	311	+	DEFENDANT'S sentence upon discharge from probation. A defendant8
	312	+	sentenced to incarceration is deemed to have completed his or her THE9
	313	+	DEFENDANT'S sentence upon release from incarceration and discharge10
	314	+	from parole supervision.11
	315	+	12
	316	+	SECTION 5. Appropriation. (1) For the 2023-24 state fiscal13
	317	+	year, $523,686 is appropriated to the office of the governor for use by the14
	318	+	office of information technology. This appropriation is from15
	319	+	reappropriated funds received from the department of public safety under16
	320	+	section 24.33.5-505.5 (2.5)(a), C.R.S., and is based on the assumption17
	321	+	that the office will require an additional 2.7 FTE. To implement this act,18
	322	+	the office may use this appropriation to provide information technology19
	323	+	services for the department of public safety.20
	324	+	SECTION 6. Safety clause. The general assembly hereby finds,21
	325	+	determines, and declares that this act is necessary for the immediate22
	326	+	preservation of the public peace, health, or safety.23
	327	+	1199
	328	+	-9-