Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0912.01 Jane Ritter x4342
HOUSE BILL 24-1261
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING CREATION OF THE "BATTLING TO RESTORE, ADVOCATE,101
AND VANQUISH EXPLOITATION (BRAVE) ACT OF 2024".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 establishes the "Battling to Restore, Advocate, and
Vanquish Exploitation (BRAVE) Act of 2024" (BRAVE act). The
purpose of the BRAVE act is to authorize qualified nonprofit
organizations (nonprofits) that work to combat human trafficking in
Colorado or provide aftercare services to survivors of human trafficking
to initiate civil litigation against human traffickers. Nonprofits are given
HOUSE SPONSORSHIP
Bottoms,
SENATE SPONSORSHIP
(None),
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. legal standing in human trafficking cases in which they were involved.
The office of the attorney general has the responsibility for purposes of
notice and oversight. The Colorado human trafficking council is
responsible for developing victim-centered and trauma-informed training.
The bill creates the human trafficking prevention and aftercare services
fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 13 to article2
20 of title 13 as follows:3
PART 134
ACTIONS FOR HUMAN TRAFFICKING5
13-20-1301. Short title. T
HE SHORT TITLE OF THIS PART 13 IS THE6
"C
OLORADO BRAVE ACT OF 2024" OR THE "COLORADO BATTLING TO7
R
ESTORE, ADVOCATE, AND VANQUISH EXPLOITATION ACT OF 2024".8
13-20-1302. Legislative declaration. (1) T
HE GENERAL9
ASSEMBLY FINDS AND DECLARES THAT :10
(a) H
UMAN TRAFFICKING, BOTH FOR INVOLUNTARY AND SEXUAL11
SERVITUDE, SEVERELY VIOLATES HUMAN RIGHTS AND DIGNITY . THIS12
SCOURGE IMPACTS INDIVIDUALS AND COMMUNITIES ACROSS THE STATE13
AND NECESSITATES A PROACTIVE AND CONCERTED RESPONSE .14
(b) N
ONPROFIT ORGANIZATIONS PLAY A PIVOTAL ROLE IN15
ADDRESSING HUMAN TRAFFICKING . THESE ENTITIES ARE OFTEN AT THE16
FOREFRONT OF IDENTIFYING , SUPPORTING, AND ADVOCATING FOR17
SURVIVORS OF HUMAN TRAFFICKING . THEY ALSO PLAY A CRUCIAL ROLE IN18
RAISING AWARENESS ABOUT AND CONTRIBUTING TO THE PREVENTION OF19
HUMAN TRAFFICKING.20
(c) L
EGALLY ENABLING AND EMPOWERING NONPROFIT21
ORGANIZATIONS TO INITIATE CIVIL LITIGATION AGAINST PERPETRATORS OF22
HB24-1261-2- HUMAN TRAFFICKING CREATES A PARALLEL AVENUE FOR JUSTICE AND1
REPARATIONS THAT SUPPLEMENTS THE CRIMINAL JUSTICE SYSTEM ;2
(d) E
NCOURAGING A COMPREHENSIVE APPROACH TOWARD3
COMBATING HUMAN TRAFFICKING THAT INCLUDES PREVENTION ,4
INTERVENTION, SURVIVOR SUPPORT , AND ACTIVE PROSECUTION OF5
TRAFFICKERS HELPS FACILITATE COLLABORATION BETWEEN NONPROFIT6
ORGANIZATIONS, LAW ENFORCEMENT, AND OTHER STAKEHOLDERS ;7
(e) S
UPPORTING SURVIVORS OF HUMAN TRAFFICKING IN A VARIETY8
OF WAYS IS CRUCIAL AND INCLUDES ENSURING ACCESS TO NECESSARY9
SERVICES, PROTECTING SURVIVORS' RIGHTS AND DIGNITY, AND PROVIDING10
AVENUES FOR SURVIVORS ' VOICES AND EXPERIENCES TO INFLUENCE11
POLICY AND PRACTICE;12
(f) B
Y ALIGNING EXISTING COLORADO POLICIES AND LAWS THAT13
ADDRESS HUMAN TRAFFICKING AND ENSURING A COHERENT AND UNIFIED14
STATE RESPONSE, THIS PART 13 SEEKS TO STRENGTHEN EXISTING LEGAL15
FRAMEWORKS, CLOSE GAPS IN ENFORCEMENT, AND PROVIDE ADDITIONAL16
TOOLS TO COMBAT HUMAN TRAFFICKING ;17
(g) T
HE IMPORTANCE OF PUBLIC ENGAGEMENT AND EDUCATION IN18
COMBATING HUMAN TRAFFICKING CANNOT BE UNDERSTATED . THIS PART19
13
SEEKS TO FOSTER A BETTER-INFORMED PUBLIC THAT CAN IDENTIFY AND20
RESPOND TO HUMAN TRAFFICKING SCENARIOS AND SUPPORT21
COMMUNITY-BASED EFFORTS AGAINST HUMAN TRAFFICKING .22
(h) A
CCOUNTABILITY AND TRANSPARENCY IN ANY ACTIONS TAKEN23
BY NONPROFIT ORGANIZATIONS IN COMBATING HUMAN TRAFFICKING IS24
CRITICAL. THIS INCLUDES THE RESPONSIBLE USE OF LEGAL MECHANISMS25
AND ENSURING THAT THE PURSUIT OF CIVIL LITIGATION RESPECTS THE26
LEGAL RIGHTS OF ALL PARTIES INVOLVED.27
HB24-1261
-3- (i) IT IS CRUCIAL TO CONTINUALLY EVALUATE AND MONITOR THE1
IMPACT AND EFFECTIVENESS OF THIS PART 13, INCLUDING ITS2
IMPLEMENTATION AND OUTCOMES , AND TO MAKE ANY NECESSARY3
ADJUSTMENTS TO ENSURE IT MEETS ITS OBJECTIVES IN THE DYNAMIC4
LANDSCAPE OF LAW ENFORCEMENT AND HUMAN RIGHTS ADVOCACY .5
(2) T
HEREFORE, THE GENERAL ASSEMBLY RECOGNIZES THE6
CRUCIAL ROLE PLAYED BY COLORADO NONPROFIT ORGANIZATIONS IN7
SUPPORTING SURVIVORS OF HUMAN TRAFFICKING AND IN AIDING LAW8
ENFORCEMENT IN EXPOSING HUMAN TRAFFICKING , AND DECLARES THAT9
C
OLORADO NONPROFIT ORGANIZATIONS MUST BE EMPOWERED IN THE10
BATTLE AGAINST HUMAN TRAFFICKING BY PROVIDING THOSE11
ORGANIZATIONS WITH THE ABILITY TO INITIATE CIVIL ACTIONS AGAINST12
HUMAN TRAFFICKERS.13
13-20-1303. Definitions. A
S USED IN THIS PART 13, UNLESS THE14
CONTEXT OTHERWISE REQUIRES :15
(1) "A
FTERCARE SERVICES" MEANS SERVICES PROVIDED BY A16
NONPROFIT ORGANIZATION TO SURVIVORS , INCLUDING, BUT NOT LIMITED17
TO, COUNSELING, REHABILITATION, LEGAL ASSISTANCE, AND SUPPORT18
WITH REINTEGRATION INTO SOCIETY.19
(2) "C
IVIL LITIGATION" OR "CIVIL ACTION" MEANS THE PROCESS OF20
RESOLVING DISPUTES OR CLAIMS BETWEEN ENTITIES OR INDIVIDUALS IN A21
COURT OF LAW, WHEREIN A NONPROFIT ORGANIZATION , AS SANCTIONED22
PURSUANT TO THIS PART 13, MAY SEEK LEGAL REMEDIES AGAINST HUMAN23
TRAFFICKERS.24
(3) "C
OERCION" HAS THE SAME MEANING AS SET FORTH IN SECTION25
18-3-502.26
(4) "C
OMMERCIAL SEXUAL ACTIVITY " MEANS ANY SEX ACT, SEX27
HB24-1261
-4- PERFORMANCE, OR SEX PRODUCTION FOR WHICH ANYTHING OF VALUE IS1
GIVEN TO, PROMISED TO, OR RECEIVED BY A PERSON. A PERSON DOES NOT2
NEED TO RECEIVE ANY OF THE PROCEEDS OF A COMMERCIAL SEXUAL3
ACTIVITY TO BE INVOLVED IN COMMERCIAL SEXUAL ACTIVITY .4
(5) "C
OUNCIL" MEANS THE COLORADO HUMAN TRAFFICKING5
COUNCIL CREATED IN SECTION 18-3-505.6
(6) "H
UMAN TRAFFICKER" MEANS AN INDIVIDUAL, GROUP, OR7
ENTITY THAT ENGAGES IN HUMAN TRAFFICKING ACTIVITIES AS DESCRIBED8
IN SECTIONS 18-3-503 AND 18-3-504.9
(7) "H
UMAN TRAFFICKING " INCLUDES RECRUITMENT ,10
TRANSPORTATION, TRANSFER, HARBORING, OR RECEIPT OF PERSONS11
THROUGH COERCION , ABDUCTION, FRAUD, DECEPTION, OR ABUSE OF12
POWER FOR EXPLOITATION.13
(8) "L
EGAL STANDING" MEANS THE RIGHT OR CAPACITY OF A14
NONPROFIT ORGANIZATION TO INITIATE LEGAL PROCEEDINGS PURSUANT15
TO THIS PART 13 AGAINST ALLEGED HUMAN TRAFFICKERS BASED ON THE16
NONPROFIT ORGANIZATION 'S DIRECT INVOLVEMENT IN ANTI-TRAFFICKING17
EFFORTS OR SURVIVOR ASSISTANCE .18
(9) "N
ONPROFIT ORGANIZATION" MEANS AN ENTITY RECOGNIZED19
AS A NONPROFIT ORGANIZATION PURSUANT TO THE "COLORADO REVISED20
N
ONPROFIT CORPORATION ACT", ARTICLES 121 TO 137 OF TITLE 7, THAT21
IS ACTIVELY ENGAGED IN ACTIVITIES RELATED TO COMBATING HUMAN22
TRAFFICKING OR PROVIDING SUPPORT AND AFTERCARE SERVICES TO23
SURVIVORS OF HUMAN TRAFFICKING .24
(10) "S
URVIVOR" MEANS AN INDIVIDUAL WHO HAS BEEN25
SUBJECTED TO ANY FORM OF HUMAN TRAFFICKING AS DEFINED BY26
C
OLORADO LAW. "SURVIVOR" IS USED TO EMPHASIZE THE RESILIENCE AND27
HB24-1261
-5- AGENCY OF THE INDIVIDUALS AFFECTED , RATHER THAN DEFINING THE1
INDIVIDUALS BY THEIR VICTIMIZATION.2
13-20-1304. Expanded standing and requirements for civil3
actions. (1) A
NONPROFIT ORGANIZATION IS GRANTED LEGAL STANDING4
TO INITIATE A CIVIL ACTION AGAINST AN ALLEGED HUMAN TRAFFICKER IF5
THE NONPROFIT ORGANIZATION HAS DIRECT INVOLVEMENT WITH EITHER :6
(a) I
NVESTIGATING THE ACTIONS OF THE ALLEGED HUMAN7
TRAFFICKER; OR8
(b) P
ROVIDING DIRECT AFTERCARE SERVICES TO A SURVIVOR WHO9
HAS BEEN EXPLOITED BY THE ALLEGED HUMAN TRAFFICKER .10
(2) T
HE STANDING OF A NONPROFIT ORGANIZATION PURSUANT TO11
THIS SECTION RECOGNIZES THE NONPROFIT ORGANIZATION 'S UNIQUE AND12
PROXIMATE HARM RESULTING FROM THE HUMAN TRAFFICKER 'S CONDUCT.13
T
HIS HARM STEMS NOT ONLY FROM THE DIRECT SUPPORT PROVIDED TO14
SURVIVORS BUT ALSO FROM THE BROADER IMPACT ON THE NONPROFIT15
ORGANIZATION'S MISSION AND RESOURCES DEDICATED TO COMBATING16
HUMAN TRAFFICKING.17
(3) (a) B
EFORE INITIATING A CIVIL ACTION PURSUANT TO THIS PART18
13,
A NONPROFIT ORGANIZATION SHALL PROVIDE NOTICE TO ANY19
SURVIVORS DIRECTLY IMPACTED BY THE ALLEGED HUMAN TRAFFICKER 'S20
ACTIONS.21
(b) E
ACH SURVIVOR MUST BE GIVEN A REASONABLE OPPORTUNITY22
TO JOIN THE CIVIL ACTION.23
(c) I
F A SURVIVOR OPTS TO NOT PARTICIPATE IN THE CIVIL ACTION,24
THE NONPROFIT ORGANIZATION RETAINS THE RIGHT TO PROCEED25
INDEPENDENTLY.26
(4) A
CIVIL ACTION FILED PURSUANT TO THIS PART 13 MUST STATE27
HB24-1261
-6- THE ELEMENTS OF THE CLAIM AND REMEDIES SOUGHT .1
(5) A
NONPROFIT ORGANIZATION SHALL MAINTAIN2
COMPREHENSIVE DOCUMENTATION OF THE ORGANIZATION 'S3
INVESTIGATIVE OR AFTERCARE SERVICES , AS WELL AS THE PROCESS OF4
NOTIFYING AND INVITING SURVIVORS TO JOIN THE LEGAL ACTION . THE5
DOCUMENTATION MAY BE SUBJECT TO REVIEW TO ESTABLISH STANDING6
PURSUANT TO THIS PART 13.7
13-20-1305. State review - role of the attorney general. (1) A8
NONPROFIT ORGANIZATION THAT IS PLANNING TO INITIATE A CIVIL SUIT9
AGAINST ONE OR MORE ALLEGED HUMAN TRAFFICKERS SHALL SUBMIT ITS10
CASE TO THE OFFICE OF THE ATTORNEY GENERAL . THE ATTORNEY11
GENERAL'S REVIEW OF A HUMAN TRAFFICKING CASE IS NOT AN12
ASSESSMENT OF THE CASE 'S MERITS, BUT ENSURES PROCEDURAL AND13
POLICY COMPLIANCE. THE REVIEW PROCESS UPHOLDS TRANSPARENCY AND14
MAINTAINS A SURVIVOR-CENTRIC APPROACH, ENSURING THAT ACTIONS15
TAKEN ALIGN WITH THE BROADER OBJECTIVES OF PUBLIC POLICY IN16
COMBATING HUMAN TRAFFICKING .17
(2) U
PON RECEIPT OF THE CASE PURSUANT TO SUBSECTION (1) OF18
THIS SECTION, THE OFFICE OF THE ATTORNEY GENERAL MAY FILE A CIVIL19
ACTION. HOWEVER, IF THE ATTORNEY GENERAL OPTS NOT TO FILE A CIVIL20
ACTION, THE NONPROFIT ORGANIZATION RETAINS THE RIGHT TO PROCEED21
WITH THE CIVIL ACTION. THE ATTORNEY GENERAL CANNOT PROHIBIT THE22
NONPROFIT ORGANIZATION'S ABILITY TO FILE A CIVIL SUIT UNLESS IT FILES23
A CIVIL ACTION.24
(3)
IF THE ATTORNEY GENERAL FILES A HUMAN TRAFFICKING CIVIL25
ACTION, THE NONPROFIT ORGANIZATION MAY COLLABORATE BY OFFERING26
ITS UNIQUE INSIGHTS AND RESOURCES WHILE RESPECTING THE ATTORNEY27
HB24-1261
-7- GENERAL'S PRIMARY ROLE IN HANDLING THE CASE .1
13-20-1306. Statute of limitations for civil actions by nonprofit2
organizations - report. (1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF3
THIS SECTION, A NONPROFIT ORGANIZATION SHALL INITIATE A CIVIL4
ACTION PURSUANT TO THIS PART 13 NO LATER THAN SIX YEARS FROM THE5
DATE OF THE ALLEGED HUMAN TRAFFICKING VIOLATION .6
(2) I
F A HUMAN TRAFFICKING VIOLATION WAS NOT IMMEDIATELY7
APPARENT OR DISCOVERABLE , THE STATUTE OF LIMITATIONS IS THREE8
YEARS FROM THE DATE THE NONPROFIT ORGANIZATION BECAME AWARE ,9
OR REASONABLY SHOULD HAVE BECOME AWARE , OF THE VIOLATION. THIS10
EXTENSION ACCOUNTS FOR CASES IN WHICH THE FULL EXTENT OF THE11
TRAFFICKING ACTIVITIES MAY ONLY BECOME KNOWN AFTER AN EXTENDED12
PERIOD.13
(3) T
HE STATUTE OF LIMITATIONS IS TOLLED IN A CIRCUMSTANCE14
IN WHICH THE TRAFFICKER ACTIVELY CONCEALED THE TRAFFICKER 'S15
ACTIONS, OR IN WHICH FACTORS SUCH AS ONGOING INVESTIGATION OR16
LEGAL COMPLEXITIES PREVENTED THE TIMELY INITIATION OF A CIVIL17
ACTION.18
(4) A
NONPROFIT ORGANIZATION SHALL MAINTAIN AND PROVIDE19
DOCUMENTATION SUPPORTING THE TIMELINE OF DISCOVERY AND20
INVESTIGATION OF THE HUMAN TRAFFICKING VIOLATION TO ESTABLISH21
THE TIMELINE FOR THE STATUTE OF LIMITATIONS AND TO ENSURE THE22
ORGANIZATION'S COMPLIANCE WITH THIS PART 13.23
(5) I
F A CASE INVOLVES ELEMENTS OF HUMAN TRAFFICKING THAT24
OCCURRED ACROSS DIFFERENT JURISDICTIONS , INCLUDING THOSE OUTSIDE25
OF COLORADO, THE STATUTE OF LIMITATIONS MUST BE BASED ON26
C
OLORADO LAW, UNLESS ANOTHER JURISDICTION PROVIDES A LONGER27
HB24-1261
-8- PERIOD.1
(6) T
HE STATE-ALLOCATED PORTION OF DAMAGES RESULTING2
FROM A HUMAN TRAFFICKING CASE MUST BE TRANSFERRED TO THE HUMAN3
TRAFFICKING PREVENTION AND AFTERCARE SERVICES FUND CREATED IN4
SECTION 18-3-506 TO BE USED EXCLUSIVELY FOR INITIATIVES AND5
PROGRAMS AIMED AT PROVIDING AFTERCARE SERVICES , REHABILITATION,6
AND LEGAL SUPPORT TO SURVIVORS .7
(7) T
HE STATE AND NONPROFIT ORGANIZATIONS SHALL MAINTAIN8
TRANSPARENCY IN THE ALLOCATION AND USAGE OF AWARDED DAMAGES .9
T
HE OFFICE OF THE STATE AUDITOR SHALL PERFORM PERIODIC AUDITS TO10
ENSURE ADHERENCE TO THE STIPULATED GUIDELINES AND EFFECTIVE11
UTILIZATION OF THE FUNDS.12
13-20-1307. Training protocols - compliance - organizational13
capacity building. (1) A
NONPROFIT ORGANIZATION THAT PLANS TO FILE14
A CIVIL ACTION PURSUANT TO THIS PART 13 IS REQUIRED TO PARTICIPATE15
IN STATE-APPROVED TRAINING PROGRAMS PRIOR TO FILING SUIT . IN16
ADDITION TO ANY TRAINING STANDARDS AND CURRICULA DEVELOPED17
PURSUANT TO SECTION 18-3-505 (4)(e), THE COLORADO HUMAN18
TRAFFICKING COUNCIL SHALL DEVELOP VICTIM -CENTERED AND19
TRAUMA-INFORMED TRAINING PROGRAMS FOR NONPROFIT20
ORGANIZATIONS, IN CONSULTATION WITH LEGAL EXPERTS , SURVIVOR21
ADVOCACY GROUPS , AND NONPROFIT ORGANIZATIONS THAT ARE22
EXPERIENCED IN THE FIELD OF HUMAN TRAFFICKING . THE TRAINING23
PROGRAMS MUST BE DESIGNED TO ENSURE THAT NONPROFIT24
ORGANIZATIONS ARE WELL -EQUIPPED WITH KNOWLEDGE AND SKILLS IN25
THE FOLLOWING AREAS, AT A MINIMUM:26
(a) L
EGAL PROCEDURES RELEVANT TO CIVIL ACTIONS AGAINST27
HB24-1261
-9- HUMAN TRAFFICKERS;1
(b) E
THICAL CONSIDERATIONS IN HANDLING CASES INVOLVING2
HUMAN TRAFFICKING; AND3
(c) C
OMPREHENSIVE SURVIVOR AFTERCARE , INCLUDING4
TRAUMA-INFORMED CARE AND SUPPORT SERVICES .5
(2) T
HE COUNCIL SHALL REGULARLY UPDATE THE TRAINING6
CURRICULUM TO REFLECT THE LATEST LEGAL DEVELOPMENTS , BEST7
PRACTICES IN SURVIVOR SUPPORT , AND ADVANCEMENTS IN8
ANTI-TRAFFICKING STRATEGIES. SPECIAL EMPHASIS MUST BE PLACED ON9
UNDERSTANDING THE COMPLEXITIES OF HUMAN TRAFFICKING CASES ,10
INCLUDING THE IDENTIFICATION OF SIGNS OF TRAFFICKING , METHODS OF11
SUPPORTING SURVIVORS THROUGH LEGAL PROCESSES , AND THE NUANCES12
OF CIVIL LITIGATION IN THESE CONTEXTS.13
(3) T
HE COUNCIL SHALL HOLD REGULAR TRAINING SESSIONS TO14
ENSURE THAT PARTICIPATING NONPROFIT ORGANIZATIONS HAVE ACCESS15
TO THE LATEST INFORMATION AND METHODOLOGIES . UPON COMPLETION16
OF THE TRAINING PROGRAM, THE COUNCIL SHALL PROVIDE A NONPROFIT17
ORGANIZATION WITH AN A CCREDITATION OR CERTIFICATION THAT IS A18
PREREQUISITE FOR INITIATING ANY CIVIL ACTION PURSUANT TO THIS PART19
13.20
(4) A
NONPROFIT ORGANIZATION SHALL DEMONSTRATE STRICT21
ADHERENCE TO THE ETHICAL STANDARDS AND LEGAL REQUIREMENTS SET22
FORTH IN THE TRAINING REQUIRED PURSUANT TO THIS SECTION .23
(5) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL CONDUCT AN24
ANNUAL ASSESSMENT OF EACH NONPROFIT ORGANIZATION THAT FILES A25
CIVIL ACTION PURSUANT TO THIS PART 13 TO EVALUATE COMPLIANCE WITH26
TRAINING STANDARDS DEVELOPED PURSUANT TO THIS SECTION AND THE27
HB24-1261
-10- EFFECTIVE APPLICATION OF THE NONPROFIT ORGANIZATION 'S KNOWLEDGE1
AND SKILLS IN LEGAL PROCEEDINGS. EACH ASSESSMENT MUST SERVE AS2
AN OPPORTUNITY FOR CAPACITY BUILDING , OFFERING FEEDBACK, AND3
PROVIDING ADDITIONAL SUPPORT TO ENHANCE THE ORGANIZATION 'S4
CAPABILITIES IN HANDLING HUMAN TRAFFICKING CASES .5
(6) T
HE DEVELOPMENT AND IMPLEMENTATION OF A TRAINING6
PROGRAM MUST BE A COLLABORATIVE EFFORT BETWEEN STATE AGENCIES ,7
LEGAL EXPERTS, AND NONPROFIT ORGANIZATIONS TO ENSURE THAT THE8
TRAINING IS GROUNDED IN PRACTICAL REALITIES AND TAILORED TO THE9
SPECIFIC NEEDS AND CHALLENGES FACED BY NONPROFIT ORGANIZATIONS10
IN COMBATING HUMAN TRAFFICKING .11
13-20-1308. Procedural guidelines - legal framework -12
coordination. (1) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL13
DEVELOP AND PROVIDE DETAILED PROCEDURAL GUIDELINES . THE14
GUIDELINES MUST BE DESIGNED TO ENSURE UNIFORMITY IN THE15
APPLICATION OF THE LAW AND ADHERENCE TO HIGH LEGAL STANDARDS .16
T
HE OFFICE OF THE ATTORNEY GENERAL SHALL REGULARLY UPDATE THE17
PROCEDURAL GUIDELINES TO REFLECT ANY CHANGES IN THE LAW OR BEST18
PRACTICES IN THE FIELD OF HUMAN TRAFFICKING LITIGATION .19
(2) A
NONPROFIT ORGANIZATION THAT FILES A CIVIL ACTION20
PURSUANT TO THIS PART 13 SHALL ADHERE TO COMPREHENSIVE21
PROCEDURAL GUIDELINES ESTABLISHED BY THE OFFICE OF THE ATTORNEY22
GENERAL PURSUANT TO SUBSECTION (1) OF THIS SECTION TO UPHOLD THE23
HIGHEST STANDARDS OF LEGAL AND ETHICAL CONDUCT . THE GUIDELINES24
MUST COVER ALL ASPECTS OF CIVIL LITIGATION , INCLUDING, BUT NOT25
LIMITED TO, CASE FILING PROCEDURES , EVIDENCE GATHERING AND26
PRESENTATION, SURVIVOR INTERACTION , COURT CONDUCT , AND27
HB24-1261
-11- RESOLUTION OF CASES.1
(3) T
HE GUIDELINES ESTABLISHED PURSUANT TO THIS SECTION2
MUST MAINTAIN THE CONFIDENTIALITY AND DIGNITY OF SURVIVORS3
THROUGHOUT THE LEGAL PROCESS , INCLUDING PROTECTING A SURVIVOR'S4
IDENTITY, RESPECTING SURVIVOR PRIVACY , AND ENSURING SURVIVOR5
SAFETY. A NONPROFIT ORGANIZATION SHALL FOLLOW BEST PRACTICES IN6
TRAUMA-INFORMED CARE AND ENSURE THAT THE ORGANIZATION 'S LEGAL7
ACTIONS DO NOT EXACERBATE THE SURVIVOR 'S TRAUMA.8
(4) T
HE GUIDELINES ESTABLISHED PURSUANT TO THIS SECTION9
MUST STIPULATE PROCEDURES FOR COORDINATING ONGOING CRIMINAL10
INVESTIGATIONS AND PROSECUTIONS TO AVOID INTERFERENCE OR11
CONFLICT WITH CRIMINAL PROCEEDINGS . A NONPROFIT ORGANIZATION12
SHALL STAY INFORMED ABOUT RELATED CRIMINAL CASES AND ADJUST ITS13
CIVIL ACTIONS ACCORDINGLY TO COMPLEMENT AND SUPPORT CRIMINAL14
JUSTICE EFFORTS.15
(5) I
N A CIVIL ACTION PURSUANT TO THIS PART 13, THE NONPROFIT16
ORGANIZATION THAT FILED THE SUIT SHALL BE IN STRICT ADHERENCE TO17
THE LEGAL NORMS AND PROCEDURAL STANDARDS ESTABLISHED IN18
C
OLORADO LAW, INCLUDING COMPLIANCE WITH THE COLORADO RULES OF19
CIVIL PROCEDURE, COLORADO RULES OF EVIDENCE, AND OTHER RELEVANT20
LEGAL PROVISIONS GOVERNING CIVIL LITIGATION IN COLORADO.21
(6) T
HE OFFICE OF THE STATE ATTORNEY GENERAL SHALL PROVIDE22
LEGAL TRAINING AND ONGOING SUPPORT TO A NONPROFIT ORGANIZATION23
THAT FILES A CIVIL ACTION PURSUANT TO THIS PART 13 TO HELP THE24
NONPROFIT ORGANIZATION UNDERSTAND AND APPLY THE GUIDELINES25
DEVELOPED PURSUANT TO THIS PART 13. AS PART OF THE TRAINING AND26
SUPPORT, THE OFFICE OF THE ATTORNEY GENERAL SHALL ESTABLISH A27
HB24-1261
-12- HELP DESK OR ADVISORY SERVICE TO ASSIST NONPROFIT ORGANIZATIONS1
WITH QUERIES OR CHALLENGES THEY FACE IN ADHERING TO THE2
GUIDELINES.3
13-20-1309. Monitoring - evaluation - impact assessment.4
(1) (a) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL ESTABLISH A5
COMPREHENSIVE MONITORING SYSTEM TO ASSESS THE IMPLEMENTATION6
AND IMPACT OF THIS PART 13. THE MONITORING SYSTEM MUST INVOLVE7
DATA COLLECTION, ANALYSIS, PUBLIC CONSULTATION AND FEEDBACK ,8
AND REPORTING ON VARIOUS ASPECTS OF THE APPLICATION OF THIS PART9
13.10
(b) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL DEVELOP KEY11
PERFORMANCE INDICATORS TO MEASURE THE EFFECTIVENESS OF12
NONPROFIT ORGANIZATIONS IN UTILIZING LEGAL PROVISIONS , THE13
OUTCOMES OF CIVIL ACTIONS, AND THE IMPACT ON SURVIVORS AND THE14
BROADER COMMUNITY .15
(2) A
NONPROFIT ORGANIZATION AFFECTED BY THIS PART 1316
SHALL SUBMIT REGULAR REPORTS TO THE OFFICE OF THE ATTORNEY17
GENERAL DETAILING ITS ACTIVITIES PURSUANT TO THIS PART 13. THE18
REPORT MUST INCLUDE INFORMATION ON THE NUMBER OF CASES FILED ,19
THE OUTCOMES OF THE CASES, AND THE USE OF AWARD DAMAGES , IF ANY.20
D
ATA PERTAINING TO SURVIVOR SUPPORT , INCLUDING AFTERCARE21
SERVICES AND THEIR EFFECTIVENESS , MUST ALSO BE COLLECTED TO22
ASSESS THE HOLISTIC IMPACT OF THIS PART 13.23
(3) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL CONDUCT24
ANNUAL EVALUATIONS OF THE EFFECTIVENESS OF THIS PART 13. THE25
EVALUATIONS MUST INCLUDE ANALYZING DATA , REVIEWING COMPLIANCE26
BY NONPROFIT ORGANIZATIONS, AND ASSESSING THE OVERALL IMPACT ON27
HB24-1261
-13- COMBATING HUMAN TRAFFICKING IN COLORADO.1
(4) B
ASED ON THE EVALUATIONS MADE PURSUANT TO SUBSECTION2
(3)
OF THIS SECTION, THE OFFICE OF THE ATTORNEY GENERAL SHALL MAKE3
RECOMMENDATIONS FOR IMPROVING THIS PART 13 AND ITS4
IMPLEMENTATION. THE RECOMMENDATIONS MAY INCLUDE AMENDMENTS5
TO LEGAL PROVISIONS, ENHANCEMENTS IN TRAINING PROGRAMS , OR6
CHANGES IN THE MONITORING PROCESS ITSELF .7
(5) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL MAKE DATA8
RELATED TO MONITORING AND EVALUATIONS PUBLICLY AVAILABLE TO9
ENSURE TRANSPARENCY AND ACC OUNTABILITY . THIS INCLUDES10
PUBLISHING AN ANNUAL REPORT CONCERNING THE IMPACT AND11
EFFECTIVENESS OF THIS PART 13 ON THE ATTORNEY GENERAL'S WEBSITE.12
(6) A
CADEMIC AND RESEARCH INSTITUTIONS ARE ENCOURAGED TO13
CONDUCT INDEPENDENT STUDIES AND ANALYSES OF THE IMPACT OF THIS14
PART 13, TO PROVIDE VALUABLE INSIGHTS AND CONTRIBUTE TO15
EVIDENCE-BASED POLICY MAKING.16
(7) T
HE OFFICE OF THE ATTORNEY GENERAL SHALL DOCUMENT ALL17
AMENDMENTS AND MODIFICATIONS TO THIS PART 13 AND MAKE SUCH18
DOCUMENTS PUBLICLY AVAILABLE TO PROVIDE CONTEXT AND19
UNDERSTANDING OF THE EVOLUTION OF THIS PART 13.20
13-20-1310. Public information and outreach. T
O ENSURE21
WIDESPREAD AWARENESS OF THE IMPLEMENTATION OF THIS PART 13, THE22
COUNCIL SHALL PREPARE AND CONDUCT A COMPREHENSIVE PUBLIC23
INFORMATION CAMPAIGN THAT IS ALIGNED WITH THE PUBLIC AWARENESS24
CAMPAIGN DEVELOPED PURSUANT TO SECTION 18-3-505 (4). THE PURPOSE25
OF THE CAMPAIGN IS TO INFORM THE PUBLIC, ESPECIALLY SURVIVORS AND26
NONPROFIT ORGANIZATIONS, ABOUT THE PROVISIONS OF THIS PART 13 AND27
HB24-1261
-14- HOW IT CAN BE UTILIZED TO FIGHT HUMAN TRAFFICKING .1
SECTION 2. In Colorado Revised Statutes, 18-3-505, amend2
(4)(e) and (4)(i); and add (4)(j) as follows:3
18-3-505. Human trafficking council - created - duties - repeal.4
(4) The council shall meet at least four times each year and shall carry5
out the following duties:6
(e) Develop training standards and curricula for organizations that7
provide assistance to victims of human trafficking,
INCLUDING TRAINING8
FOR NONPROFIT ORGANIZATIONS PURSUANT TO SECTION 13-20-1307, for9
persons who work in or who frequent places where human trafficking10
victims are likely to appear, and for law enforcement agencies;11
(i) On or after January 1, 2019, perform a post-enactment review12
of section 18-7-201.3 and report its findings to the judiciary committees13
of the senate and house of representatives, or any successor committees;14
AND15
(j) M
ANAGE THE HUMAN TRAFFICKING PREVENTION AND16
AFTERCARE SERVICES FUND CREATED IN SECTION 18-3-506.17
SECTION 3. In Colorado Revised Statutes, add 18-3-506 as18
follows:19
18-3-506. Human trafficking prevention and aftercare services20
fund. (1) T
HE HUMAN TRAFFICKING PREVENTION AND AFTERCARE21
SERVICES FUND IS CREATED IN THE STATE TREASURY . THE FUND CONSISTS22
OF MONEY CREDITED TO THE FUND PURSUANT TO PART 13 OF ARTICLE 2023
OF TITLE 13 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY24
APPROPRIATE OR TRANSFER TO THE FUND .25
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND26
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE27
HB24-1261
-15- HUMAN TRAFFICKING PREVENTION AND AFTERCARE SERVICES TO THE1
FUND.2
(3) T
HE HUMAN TRAFFICKING COUNCIL SHALL MANAGE THE FUND3
AND UTILIZE ANY MONEY IN THE FUND EXPRESSLY FOR INITIATIVES AND4
PROGRAMS AIMED AT PROVIDING AFTERCARE SERVICES , REHABILITATION,5
AND LEGAL SUPPORT TO SURVIVORS .6
SECTION 4. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2024 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
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