HB 25-1138
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1138: PROTECT VICTIMS IN CIVIL SEX MISCONDUCT SUITS
Prime Sponsors:
Rep. Lukens; Pugliese
Sen. Kirkmeyer; Daugherty
Published for: House Judiciary
Drafting number: LLS 25-0378
Fiscal Analyst:
Clayton Mayfield, 303-866-5851
clayton.mayfield@coleg.gov
Version: Initial Fiscal Note
Date: January 31, 2025
Fiscal note status: The fiscal note reflects the introduced bill. Due to time constraints, this analysis is
preliminary and will be updated following further review and any additional information received.
Summary Information
Overview. The bill changes the relevancy and admissibility of certain evidence in civil cases involving
alleged sexual misconduct.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis :
State Expenditures
Appropriations. No appropriation is required.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures $0 $0
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
Page 2
January 31, 2025 HB 25-1138
Summary of Legislation
The bill modifies relevancy and admissibility standards for certain evidence in civil proceedings
involving alleged sexual misconduct. Under the bill, only evidence of specific instances of sexual
activity for the purpose of showing that alleged acts were not committed by a defendant are
presumed relevant and admissible. Evidence of a victim’s appearance or lifestyle is not
admissible as evidence of the consent or credibility of the victim, or the existence or extent of
damages or harm.
The bill also requires certain procedures and standards for the admission of any evidence,
including allowing the presence of a victim at hearings related to the admission of evidence.
Admissibility motions, related hearing materials, and hearing records are confidential. Hearing
records and related materials must not disclose any confidential information if a motion to make
them public is made. Additionally, if after an admissibility hearing the court finds that evidence
may be admitted, it must also find that the evidence’s probative value (usefulness in proving or
disproving a fact in a case) substantially outweighs the probability of unfair prejudice or invasion
of privacy.
State Expenditures
Starting in FY 2025-26, the bill will impact workload in the trial courts of the Judicial Department
in two ways. If the bill lengthens trials by requiring the court to make certain findings and follow
certain procedures, it will increase trial court workload. Conversely, if the bill results in less
evidence admitted to trials, then it decreases workload. Overall, the types of evidence and cases
impacted by the bill already involve substantial workload; therefore, the fiscal note assumes that
any net change in workload will be minimal and no adjustment to appropriations is required.
Effective Date
The bill takes effect July 1, 2025, and applies to proceedings that occur on or after this date.
State and Local Government Contacts
Judicial Law Personnel
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.