Colorado 2025 Regular Session

Colorado House Bill HB1138 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0378.02 Jacob Baus x2173
1	8		HOUSE BILL 25-1138
2		-	BY REPRESENTATIVE(S) Lukens and Pugliese, Bird, Armagost, Bacon,
3		-	Boesenecker, Bradley, Caldwell, Duran, English, Espenoza, Froelich,
4		-	Garcia, Gonzalez R., Hamrick, Hartsook, Jackson, Keltie, Lieder, Lindsay,
5		-	Lindstedt, Mabrey, Martinez, Mauro, Rutinel, Sirota, Stewart K.,
6		-	Stewart R., Story, Titone, Valdez, Willford, Winter T., Woodrow,
7		-	McCluskie;
8		-	also SENATOR(S) Kirkmeyer and Daugherty, Frizell, Bridges, Bright,
9		-	Carson, Exum, Lundeen, Michaelson Jenet, Pelton B., Roberts, Rodriguez,
10		-	Simpson, Weissman, Coleman.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING EVIDENTIARY REQUIREMENTS TO PROTECT VICTIMS OF SEXUAL
13		-	MISCONDUCT IN CIVIL SUITS
14		-	.
	13	+	ONCERNING EVIDENTIARY REQUIREM ENTS TO PROTECT VICTIMS OF101
	14	+	SEXUAL MISCONDUCT IN CIVIL SUITS .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Under current law, certain evidence of a victim's prior or
	23	+	subsequent sexual conduct is presumed irrelevant and inadmissible in a
	24	+	civil proceeding, but there is an exception for evidence of the victim's
	25	+	prior or subsequent sexual conduct with the defendant. The bill eliminates
	26	+	this exception.
	27	+	The bill prohibits the admission of evidence of the victim's manner
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 7, 2025
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 6, 2025
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 7, 2025
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 6, 2025
	40	+	HOUSE SPONSORSHIP
	41	+	Lukens and Pugliese, Bird, Armagost, Bacon, Boesenecker, Bradley, Caldwell, Duran,
	42	+	English, Espenoza, Froelich, Garcia, Gonzalez R., Hamrick, Hartsook, Jackson, Keltie,
	43	+	Lieder, Lindsay, Lindstedt, Mabrey, Martinez, Mauro, McCluskie, Rutinel, Sirota, Stewart
	44	+	K., Stewart R., Story, Titone, Valdez, Willford, Winter T., Woodrow
	45	+	SENATE SPONSORSHIP
	46	+	Kirkmeyer and Daugherty, Frizell, Bridges, Bright, Carson, Coleman, Exum, Lundeen,
	47	+	Michaelson Jenet, Pelton B., Roberts, Rodriguez, Simpson, Weissman
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. of dress, hairstyle, speech, or lifestyle as evidence of the victim's consent,
	51	+	credibility, or the existence or extent of damages or harm.
	52	+	The bill requires that the party moving to admit evidence presumed
	53	+	irrelevant must raise the issue at a pretrial conference and make a prima
	54	+	facie showing that the evidence is relevant for an admissible reason and
	55	+	that discovery is likely to rebut the presumption of inadmissibility. The
	56	+	court is required to allow the nonmoving party to object. If the court
	57	+	allows discovery, the court must issue a protective order that limits the
	58	+	scope of discovery to relevant issues and protect against unwarranted,
	59	+	irrelevant, or overly broad discovery into the alleged victim's sexual
	60	+	conduct or history.
	61	+	Be it enacted by the General Assembly of the State of Colorado:1
	62	+	SECTION 1. In Colorado Revised Statutes, 13-25-138, amend2
	63	+	(1), (2) introductory portion, (3)(a), and (3)(b); and add (1.5) and (3)(a.5)3
	64	+	as follows:4
	65	+	13-25-138. Victim's prior sexual conduct history - evidentiary5
	66	+	hearing - victim's identity - protective order. (1) Evidence of specific6
	67	+	instances of the victim's prior or subsequent sexual conduct, opinion7
	68	+	evidence of the victim's sexual conduct, and reputation evidence of the8
	69	+	victim's sexual conduct is presumed irrelevant and is not admissible in a9
	70	+	civil proceeding involving alleged sexual misconduct except
	71	+	FOR10
	72	+	EVIDENCE OF SPECIFIC INSTANCES OF SEXUAL ACTIVITY SHOWING THE11
	73	+	SOURCE OR ORIGIN OF
	74	+	SEMEN OR ANY SIMILAR EVIDENCE OF SEXUAL12
	75	+	INTERCOURSE OFFERED FOR THE PURPOSE OF SHOWING THAT THE ALLEGED13
	76	+	ACT WAS NOT COMMITTED BY THE DEFENDANT .14
	77	+	(a) Evidence of the victim's prior or subsequent sexual conduct15
	78	+	with the defendant;16
	79	+	(b) Evidence of specific instances of sexual activity showing the17
	80	+	source or origin of semen, pregnancy, disease, or any similar evidence of18
	81	+	sexual intercourse offered for the purpose of showing that the act or acts19
	82	+	1138-2- alleged were or were not committed by the defendant.1
	83	+	(1.5) E
	84	+	VIDENCE OF THE VICTIM'S MANNER OF DRESS, HAIRSTYLE,2MODE OR MANNER OF SPEECH, OR LIFESTYLE AT THE TIME OF, PRIOR TO, OR3
	85	+	SUBSEQUENT TO THE ALLEGED OFFENSE IS NOT ADMISSIBLE AS EVIDENCE4
	86	+	OF THE VICTIM'S CONSENT, CREDIBILITY, OR THE EXISTENCE OR EXTENT OF5
	87	+	DAMAGES OR HARM.6
	88	+	(2) If a party intends to offer evidence under subsection (1)(a) or7
	89	+	(1)(b) PURSUANT TO SUBSECTION (1) OR (1.5) of this section, OR8
	90	+	INTRODUCE A WITNESS FROM WHOM THE EVIDENCE IS INTENDED TO BE9
	91	+	ELICITED, the party shall:10
	92	+	(3) (a) (I) Before admitting evidence under this section, the court11
	93	+	shall conduct an in camera hearing and provide the alleged victim and12
	94	+	parties a right to attend and be heard. Unless the court orders otherwise,13
	95	+	the motion, related materials, and the hearing record are confidential. A14
	96	+	party making a motion under this section shall state in the caption that the15
	97	+	motion is confidential. BEFORE ADMITTING EVIDENCE PURSUANT TO THIS16
	98	+	SECTION, THE PARTY MAKING A MOTION TO ADMIT THE EVIDENCE SHALL17
	99	+	RAISE THE ISSUE AT A CONFERENCE PURSUANT TO RULE 16 OR 16.1 OF THE18
	100	+	C
	101	+	OLORADO RULES OF CIVIL PROCEDURE . AT THE CONFERENCE, THE19
	102	+	MOVING PARTY MUST MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE20
	103	+	IS RELEVANT FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY21
	104	+	TO REBUT THE PRESUMPTION AGAINST INADMISSIBILITY . THE COURT SHALL22
	105	+	PROVIDE THE OBJECTING PARTY, IF ANY, THE OPPORTUNITY BE HEARD.23
	106	+	(II)
	107	+	THE COURT MAY PERMIT DISCOVERY ONLY IF THE MOVING24
	108	+	PARTY MAKES A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT25
	109	+	FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT26
	110	+	THE PRESUMPTION AGAINST INADMISSIBILITY . IF THE COURT PERMITS27
	111	+	1138
	112	+	-3- DISCOVERY, THE COURT SHALL ISSUE A COMPREHENSIVE PROTECTIVE1
	113	+	ORDER THAT LIMITS THE SCOPE OF DISCOVERY TO RELEVANT ISSUES AND2
	114	+	PROTECTS AGAINST UNWARRANTED , IRRELEVANT, OR OVERLY BROAD3
	115	+	DISCOVERY INTO THE ALLEGED VICTIM 'S SEXUAL CONDUCT OR HISTORY .4
	116	+	(III) T
	117	+	HE COURT MUST ISSUE AN ORDER PROHIBITING DISCOVERY5
	118	+	INTO EVIDENCE PRESUMED INADMISSIBLE PURSUANT TO THIS SECTION IF6
	119	+	NEITHER PARTY RAISES THE ISSUE AT A CONFERENCE PURSUANT TO RULE7
	120	+	16
15	121
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 13-25-138, amend (1),
18		-	(2) introductory portion, (3)(a), and (3)(b); and add (1.5) and (3)(a.5) as
19		-	follows:
20		-	13-25-138. Victim's prior sexual conduct history - evidentiary
21		-	hearing - victim's identity - protective order. (1) Evidence of specific
22		-	instances of the victim's prior or subsequent sexual conduct, opinion
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. evidence of the victim's sexual conduct, and reputation evidence of the
31		-	victim's sexual conduct is presumed irrelevant and is not admissible in a
32		-	civil proceeding involving alleged sexual misconduct except
33		-	FOR EVIDENCE
34		-	OF SPECIFIC INSTANCES OF SEXUAL ACTIVITY SHOWING THE SOURCE OR
35		-	ORIGIN OF SEMEN OR ANY SIMILAR EVIDENCE OF SEXUAL INTERCOURSE
36		-	OFFERED FOR THE PURPOSE OF SHOWING THAT THE ALLEGED ACT WAS NOT
37		-	COMMITTED BY THE DEFENDANT
38		-	.
39		-	(a) Evidence of the victim's prior or subsequent sexual conduct with
40		-	the defendant;
41		-	(b) Evidence of specific instances of sexual activity showing the
42		-	source or origin of semen, pregnancy, disease, or any similar evidence of
43		-	sexual intercourse offered for the purpose of showing that the act or acts
44		-	alleged were or were not committed by the defendant.
45		-	(1.5) EVIDENCE OF THE VICTIM'S MANNER OF DRESS, HAIRSTYLE,
46		-	MODE OR MANNER OF SPEECH , OR LIFESTYLE AT THE TIME OF, PRIOR TO, OR
47		-	SUBSEQUENT TO THE ALLEGED OFFENSE IS NOT ADMISSIBLE AS EVIDENCE OF
48		-	THE VICTIM
49		-	'S CONSENT, CREDIBILITY, OR THE EXISTENCE OR EXTENT OF
50		-	DAMAGES OR HARM
51		-	.
52		-	(2) If a party intends to offer evidence under subsection (1)(a) or(1)(b) PURSUANT TO SUBSECTION (1) OR (1.5) of this section, OR INTRODUCE
53		-	A WITNESS FROM WHOM THE EVIDENCE IS INTENDED TO BE ELICITED
54		-	, the
55		-	party shall:
56		-	(3) (a) (I) Before admitting evidence under this section, the courtshall conduct an in camera hearing and provide the alleged victim and
57		-	parties a right to attend and be heard. Unless the court orders otherwise, the
58		-	motion, related materials, and the hearing record are confidential. A party
59		-	making a motion under this section shall state in the caption that the motion
60		-	is confidential. BEFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION ,
61		-	THE PARTY MAKING A MOTION TO ADMIT THE EVIDENCE SHALL RAISE THE
62		-	ISSUE AT A CONFERENCE PURSUANT TO RULE
63		-	16 OR 16.1 OF THE COLORADO
64		-	RULES OF CIVIL PROCEDURE
65		-	. AT THE CONFERENCE, THE MOVING PARTY MUST
66		-	MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT FOR AN
67		-	ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT THE
68		-	PRESUMPTION AGAINST INADMISSIBILITY
69		-	. THE COURT SHALL PROVIDE THE
70		-	OBJECTING PARTY
71		-	, IF ANY, THE OPPORTUNITY BE HEARD.
72		-	PAGE 2-HOUSE BILL 25-1138 (II) THE COURT MAY PERMIT DISCOVERY ONLY IF THE MOVING PARTY
73		-	MAKES A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT FOR AN
74		-	ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT THE
75		-	PRESUMPTION AGAINST INADMISSIBILITY
76		-	. IF THE COURT PERMITS DISCOVERY,
77		-	THE COURT SHALL ISSUE A COMPREHENSIVE PROTECTIVE ORDER THAT LIMITS
78		-	THE SCOPE OF DISCOVERY TO RELEVANT ISSUES AND PROTECTS AGAINST
79		-	UNWARRANTED
80		-	, IRRELEVANT, OR OVERLY BROAD DISCOVERY INTO THE
81		-	ALLEGED VICTIM
82		-	'S SEXUAL CONDUCT OR HISTORY .
83		-	(III) T
84		-	HE COURT MUST ISSUE AN ORDER PROHIBITING DISCOVERY
85		-	INTO EVIDENCE PRESUMED INADMISSIBLE PURSUANT TO THIS SECTION IF
86		-	NEITHER PARTY RAISES THE ISSUE AT A CONFERENCE PURSUANT TO RULE
87		-	16
88		-	OR 16.1 OF THE COLORADO RULES OF CIVIL PROCEDURE OR IF THE MOVING
89		-	PARTY FAILS TO MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE IS
90		-	RELEVANT FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO
91		-	REBUT THE PRESUMPTION AGAINST INADMISSIBILITY
92		-	.
	122	+	OR 16.1 OF THE COLORADO RULES OF CIVIL PROCEDURE OR IF THE8
	123	+	MOVING PARTY FAILS TO MAKE A PRIMA FACIE SHOWING THAT THE9
	124	+	EVIDENCE IS RELEVANT FOR AN ADMISSIBLE REASON AND THAT10
	125	+	DISCOVERY IS LIKELY TO REBUT THE PRESUMPTION AGAINST11
	126	+	INADMISSIBILITY.12
93	127		(a.5) B
94		-	EFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION , THE
95		-	COURT SHALL CONDUCT AN IN CAMERA HEARING AND PROVIDE THE ALLEGED
96		-	VICTIM THE RIGHT TO ATTEND AND BE HEARD
97		-	. THE MOTION, RELATED
98		-	MATERIALS
99		-	, AND THE HEARING RECORD ARE CONFIDENTIAL . A PARTY
100		-	MAKING A MOTION PURSUANT TO THIS SECTION SHALL STATE IN THE CAPTION
101		-	THAT THE MOTION IS CONFIDENTIAL
102		-	. AFTER THE CONCLUSION OF THE IN
103		-	CAMERA HEARING
104		-	, IF A PARTY MAKES A MOTION TO MAKE THE RELATED
105		-	MATERIALS OR HEARING RECORD PUBLIC
106		-	, THE PARTY'S MOTION MUST NOT
107		-	DISCLOSE ANY CONFIDENTIAL INFORMATION
108		-	.
109		-	(b) At the conclusion of the hearing, if the court finds that the
110		-	evidence proposed to be offered regarding the sexual conduct of the victim
111		-	is relevant to a material issue to the case
112		-	AND THAT ITS PROBATIVE VALUE
113		-	SUBSTANTIALLY OUTWEIGHS THE PROBABILITY THAT ITS ADMISSION WILL
114		-	CREATE AN UNFAIR PREJUDICE OR INVASION OF PRIVACY
115		-	, the court shall
116		-	order that evidence may be introduced and prescribe the nature of the
117		-	evidence or questions to be permitted. The moving party may then offer
118		-	evidence pursuant to the order of the court.
119		-	SECTION 2. Effective date - applicability. This act takes effect
120		-	July 1, 2025, and applies to proceedings occurring on or after said date.
121		-	SECTION 3. Safety clause. The general assembly finds,
122		-	PAGE 3-HOUSE BILL 25-1138 determines, and declares that this act is necessary for the immediate
123		-	preservation of the public peace, health, or safety or for appropriations for
124		-	the support and maintenance of the departments of the state and state
125		-	institutions.
126		-	____________________________ ____________________________
127		-	Julie McCluskie James Rashad Coleman, Sr.
128		-	SPEAKER OF THE HOUSE PRESIDENT OF
129		-	OF REPRESENTATIVES THE SENATE
130		-	____________________________ ____________________________
131		-	Vanessa Reilly Esther van Mourik
132		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
133		-	OF REPRESENTATIVES THE SENATE
134		-	APPROVED________________________________________
135		-	(Date and Time)
136		-	_________________________________________
137		-	Jared S. Polis
138		-	GOVERNOR OF THE STATE OF COLORADO
139		-	PAGE 4-HOUSE BILL 25-1138
	128	+	EFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION ,13
	129	+	THE COURT SHALL CONDUCT AN IN CAMERA HEARING AND PROVIDE THE14
	130	+	ALLEGED VICTIM THE RIGHT TO ATTEND AND BE HEARD . THE MOTION,15
	131	+	RELATED MATERIALS, AND THE HEARING RECORD ARE CONFIDENTIAL . A16
	132	+	PARTY MAKING A MOTION PURSUANT TO THIS SECTION SHALL STATE IN THE17
	133	+	CAPTION THAT THE MOTION IS CONFIDENTIAL. AFTER THE CONCLUSION OF18
	134	+	THE IN CAMERA HEARING, IF A PARTY MAKES A MOTION TO MAKE THE19
	135	+	RELATED MATERIALS OR HEARING RECORD PUBLIC , THE PARTY'S MOTION20
	136	+	MUST NOT DISCLOSE ANY CONFIDENTIAL INFORMATION .21
	137	+	(b) At the conclusion of the hearing, if the court finds that the22
	138	+	evidence proposed to be offered regarding the sexual conduct of the23
	139	+	victim is relevant to a material issue to the case
	140	+	AND THAT ITS PROBATIVE24
	141	+	VALUE SUBSTANTIALLY OUTWEIGHS THE PROBABILITY THAT ITS25
	142	+	ADMISSION WILL CREATE AN UNFAIR PREJUDICE OR INVASION OF PRIVACY ,26
	143	+	the court shall order that evidence may be introduced and prescribe the27
	144	+	1138
	145	+	-4- nature of the evidence or questions to be permitted. The moving party1
	146	+	may then offer evidence pursuant to the order of the court.2
	147	+	SECTION 2. Effective date - applicability. This act takes effect3
	148	+	July 1, 2025, and applies to proceedings occurring on or after said date.4
	149	+	SECTION 3. Safety clause. The general assembly finds,5
	150	+	determines, and declares that this act is necessary for the immediate6
	151	+	preservation of the public peace, health, or safety or for appropriations for7
	152	+	the support and maintenance of the departments of the state and state8
	153	+	institutions.9
	154	+	1138
	155	+	-5-