First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0378.02 Jacob Baus x2173
HOUSE BILL 25-1138
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING EVIDENTIARY REQUIREM ENTS TO PROTECT VICTIMS OF101
SEXUAL MISCONDUCT IN CIVIL SUITS .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
.)
Under current law, certain evidence of a victim's prior or
subsequent sexual conduct is presumed irrelevant and inadmissible in a
civil proceeding, but there is an exception for evidence of the victim's
prior or subsequent sexual conduct with the defendant. The bill eliminates
this exception.
The bill prohibits the admission of evidence of the victim's manner
SENATE
3rd Reading Unamended
March 7, 2025
SENATE
2nd Reading Unamended
March 6, 2025
HOUSE
3rd Reading Unamended
February 7, 2025
HOUSE
Amended 2nd Reading
February 6, 2025
HOUSE SPONSORSHIP
Lukens and Pugliese, Bird, Armagost, Bacon, Boesenecker, Bradley, Caldwell, Duran,
English, Espenoza, Froelich, Garcia, Gonzalez R., Hamrick, Hartsook, Jackson, Keltie,
Lieder, Lindsay, Lindstedt, Mabrey, Martinez, Mauro, McCluskie, Rutinel, Sirota, Stewart
K., Stewart R., Story, Titone, Valdez, Willford, Winter T., Woodrow
SENATE SPONSORSHIP
Kirkmeyer and Daugherty, Frizell, Bridges, Bright, Carson, Coleman, Exum, Lundeen,
Michaelson Jenet, Pelton B., Roberts, Rodriguez, Simpson, Weissman
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. of dress, hairstyle, speech, or lifestyle as evidence of the victim's consent,
credibility, or the existence or extent of damages or harm.
The bill requires that the party moving to admit evidence presumed
irrelevant must raise the issue at a pretrial conference and make a prima
facie showing that the evidence is relevant for an admissible reason and
that discovery is likely to rebut the presumption of inadmissibility. The
court is required to allow the nonmoving party to object. If the court
allows discovery, the court must issue a protective order that limits the
scope of discovery to relevant issues and protect against unwarranted,
irrelevant, or overly broad discovery into the alleged victim's sexual
conduct or history.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-25-138, amend2
(1), (2) introductory portion, (3)(a), and (3)(b); and add (1.5) and (3)(a.5)3
as follows:4
13-25-138. Victim's prior sexual conduct history - evidentiary5
hearing - victim's identity - protective order. (1) Evidence of specific6
instances of the victim's prior or subsequent sexual conduct, opinion7
evidence of the victim's sexual conduct, and reputation evidence of the8
victim's sexual conduct is presumed irrelevant and is not admissible in a9
civil proceeding involving alleged sexual misconduct except
FOR10
EVIDENCE OF SPECIFIC INSTANCES OF SEXUAL ACTIVITY SHOWING THE11
SOURCE OR ORIGIN OF
SEMEN OR ANY SIMILAR EVIDENCE OF SEXUAL12
INTERCOURSE OFFERED FOR THE PURPOSE OF SHOWING THAT THE ALLEGED13
ACT WAS NOT COMMITTED BY THE DEFENDANT .14
(a) Evidence of the victim's prior or subsequent sexual conduct15
with the defendant;16
(b) Evidence of specific instances of sexual activity showing the17
source or origin of semen, pregnancy, disease, or any similar evidence of18
sexual intercourse offered for the purpose of showing that the act or acts19
1138-2- alleged were or were not committed by the defendant.1
(1.5) E
VIDENCE OF THE VICTIM'S MANNER OF DRESS, HAIRSTYLE,2MODE OR MANNER OF SPEECH, OR LIFESTYLE AT THE TIME OF, PRIOR TO, OR3
SUBSEQUENT TO THE ALLEGED OFFENSE IS NOT ADMISSIBLE AS EVIDENCE4
OF THE VICTIM'S CONSENT, CREDIBILITY, OR THE EXISTENCE OR EXTENT OF5
DAMAGES OR HARM.6
(2) If a party intends to offer evidence under subsection (1)(a) or7
(1)(b) PURSUANT TO SUBSECTION (1) OR (1.5) of this section, OR8
INTRODUCE A WITNESS FROM WHOM THE EVIDENCE IS INTENDED TO BE9
ELICITED, the party shall:10
(3) (a) (I) Before admitting evidence under this section, the court11
shall conduct an in camera hearing and provide the alleged victim and12
parties a right to attend and be heard. Unless the court orders otherwise,13
the motion, related materials, and the hearing record are confidential. A14
party making a motion under this section shall state in the caption that the15
motion is confidential. BEFORE ADMITTING EVIDENCE PURSUANT TO THIS16
SECTION, THE PARTY MAKING A MOTION TO ADMIT THE EVIDENCE SHALL17
RAISE THE ISSUE AT A CONFERENCE PURSUANT TO RULE 16 OR 16.1 OF THE18
C
OLORADO RULES OF CIVIL PROCEDURE . AT THE CONFERENCE, THE19
MOVING PARTY MUST MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE20
IS RELEVANT FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY21
TO REBUT THE PRESUMPTION AGAINST INADMISSIBILITY . THE COURT SHALL22
PROVIDE THE OBJECTING PARTY, IF ANY, THE OPPORTUNITY BE HEARD.23
(II)
THE COURT MAY PERMIT DISCOVERY ONLY IF THE MOVING24
PARTY MAKES A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT25
FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT26
THE PRESUMPTION AGAINST INADMISSIBILITY . IF THE COURT PERMITS27
1138
-3- DISCOVERY, THE COURT SHALL ISSUE A COMPREHENSIVE PROTECTIVE1
ORDER THAT LIMITS THE SCOPE OF DISCOVERY TO RELEVANT ISSUES AND2
PROTECTS AGAINST UNWARRANTED , IRRELEVANT, OR OVERLY BROAD3
DISCOVERY INTO THE ALLEGED VICTIM 'S SEXUAL CONDUCT OR HISTORY .4
(III) T
HE COURT MUST ISSUE AN ORDER PROHIBITING DISCOVERY5
INTO EVIDENCE PRESUMED INADMISSIBLE PURSUANT TO THIS SECTION IF6
NEITHER PARTY RAISES THE ISSUE AT A CONFERENCE PURSUANT TO RULE7
16
OR 16.1 OF THE COLORADO RULES OF CIVIL PROCEDURE OR IF THE8
MOVING PARTY FAILS TO MAKE A PRIMA FACIE SHOWING THAT THE9
EVIDENCE IS RELEVANT FOR AN ADMISSIBLE REASON AND THAT10
DISCOVERY IS LIKELY TO REBUT THE PRESUMPTION AGAINST11
INADMISSIBILITY.12
(a.5) B
EFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION ,13
THE COURT SHALL CONDUCT AN IN CAMERA HEARING AND PROVIDE THE14
ALLEGED VICTIM THE RIGHT TO ATTEND AND BE HEARD . THE MOTION,15
RELATED MATERIALS, AND THE HEARING RECORD ARE CONFIDENTIAL . A16
PARTY MAKING A MOTION PURSUANT TO THIS SECTION SHALL STATE IN THE17
CAPTION THAT THE MOTION IS CONFIDENTIAL. AFTER THE CONCLUSION OF18
THE IN CAMERA HEARING, IF A PARTY MAKES A MOTION TO MAKE THE19
RELATED MATERIALS OR HEARING RECORD PUBLIC , THE PARTY'S MOTION20
MUST NOT DISCLOSE ANY CONFIDENTIAL INFORMATION .21
(b) At the conclusion of the hearing, if the court finds that the22
evidence proposed to be offered regarding the sexual conduct of the23
victim is relevant to a material issue to the case
AND THAT ITS PROBATIVE24
VALUE SUBSTANTIALLY OUTWEIGHS THE PROBABILITY THAT ITS25
ADMISSION WILL CREATE AN UNFAIR PREJUDICE OR INVASION OF PRIVACY ,26
the court shall order that evidence may be introduced and prescribe the27
1138
-4- nature of the evidence or questions to be permitted. The moving party1
may then offer evidence pursuant to the order of the court.2
SECTION 2. Effective date - applicability. This act takes effect3
July 1, 2025, and applies to proceedings occurring on or after said date.4
SECTION 3. Safety clause. The general assembly finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety or for appropriations for7
the support and maintenance of the departments of the state and state8
institutions.9
1138
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