HOUSE BILL 25-1138
BY REPRESENTATIVE(S) 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, Rutinel, Sirota, Stewart K.,
Stewart R., Story, Titone, Valdez, Willford, Winter T., Woodrow,
McCluskie;
also SENATOR(S) Kirkmeyer and Daugherty, Frizell, Bridges, Bright,
Carson, Exum, Lundeen, Michaelson Jenet, Pelton B., Roberts, Rodriguez,
Simpson, Weissman, Coleman.
C
ONCERNING EVIDENTIARY REQUIREMENTS TO PROTECT VICTIMS OF SEXUAL
MISCONDUCT IN CIVIL SUITS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-25-138, amend (1),
(2) introductory portion, (3)(a), and (3)(b); and add (1.5) and (3)(a.5) as
follows:
13-25-138. Victim's prior sexual conduct history - evidentiary
hearing - victim's identity - protective order. (1) Evidence of specific
instances of the victim's prior or subsequent sexual conduct, opinion
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. evidence of the victim's sexual conduct, and reputation evidence of the
victim's sexual conduct is presumed irrelevant and is not admissible in a
civil proceeding involving alleged sexual misconduct except
FOR EVIDENCE
OF SPECIFIC INSTANCES OF SEXUAL ACTIVITY SHOWING THE SOURCE OR
ORIGIN OF SEMEN OR ANY SIMILAR EVIDENCE OF SEXUAL INTERCOURSE
OFFERED FOR THE PURPOSE OF SHOWING THAT THE ALLEGED ACT WAS NOT
COMMITTED BY THE DEFENDANT
.
(a) Evidence of the victim's prior or subsequent sexual conduct with
the defendant;
(b) Evidence of specific instances of sexual activity showing the
source or origin of semen, pregnancy, disease, or any similar evidence of
sexual intercourse offered for the purpose of showing that the act or acts
alleged were or were not committed by the defendant.
(1.5) EVIDENCE OF THE VICTIM'S MANNER OF DRESS, HAIRSTYLE,
MODE OR MANNER OF SPEECH , OR LIFESTYLE AT THE TIME OF, PRIOR TO, OR
SUBSEQUENT TO THE ALLEGED OFFENSE IS NOT ADMISSIBLE AS EVIDENCE OF
THE VICTIM
'S CONSENT, CREDIBILITY, OR THE EXISTENCE OR EXTENT OF
DAMAGES OR HARM
.
(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
A WITNESS FROM WHOM THE EVIDENCE IS INTENDED TO BE ELICITED
, the
party shall:
(3) (a) (I) Before admitting evidence under this section, the courtshall conduct an in camera hearing and provide the alleged victim and
parties a right to attend and be heard. Unless the court orders otherwise, the
motion, related materials, and the hearing record are confidential. A party
making a motion under this section shall state in the caption that the motion
is confidential. BEFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION ,
THE PARTY MAKING A MOTION TO ADMIT THE EVIDENCE SHALL RAISE THE
ISSUE AT A CONFERENCE PURSUANT TO RULE
16 OR 16.1 OF THE COLORADO
RULES OF CIVIL PROCEDURE
. AT THE CONFERENCE, THE MOVING PARTY MUST
MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT FOR AN
ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT THE
PRESUMPTION AGAINST INADMISSIBILITY
. THE COURT SHALL PROVIDE THE
OBJECTING PARTY
, IF ANY, THE OPPORTUNITY BE HEARD.
PAGE 2-HOUSE BILL 25-1138 (II) THE COURT MAY PERMIT DISCOVERY ONLY IF THE MOVING PARTY
MAKES A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT FOR AN
ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT THE
PRESUMPTION AGAINST INADMISSIBILITY
. IF THE COURT PERMITS DISCOVERY,
THE COURT SHALL ISSUE A COMPREHENSIVE PROTECTIVE ORDER THAT LIMITS
THE SCOPE OF DISCOVERY TO RELEVANT ISSUES AND PROTECTS AGAINST
UNWARRANTED
, IRRELEVANT, OR OVERLY BROAD DISCOVERY INTO THE
ALLEGED VICTIM
'S SEXUAL CONDUCT OR HISTORY .
(III) T
HE COURT MUST ISSUE AN ORDER PROHIBITING DISCOVERY
INTO EVIDENCE PRESUMED INADMISSIBLE PURSUANT TO THIS SECTION IF
NEITHER PARTY RAISES THE ISSUE AT A CONFERENCE PURSUANT TO RULE
16
OR 16.1 OF THE COLORADO RULES OF CIVIL PROCEDURE OR IF THE MOVING
PARTY FAILS TO MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE IS
RELEVANT FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO
REBUT THE PRESUMPTION AGAINST INADMISSIBILITY
.
(a.5) B
EFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION , THE
COURT SHALL CONDUCT AN IN CAMERA HEARING AND PROVIDE THE ALLEGED
VICTIM THE RIGHT TO ATTEND AND BE HEARD
. THE MOTION, RELATED
MATERIALS
, AND THE HEARING RECORD ARE CONFIDENTIAL . A PARTY
MAKING A MOTION PURSUANT TO THIS SECTION SHALL STATE IN THE CAPTION
THAT THE MOTION IS CONFIDENTIAL
. AFTER THE CONCLUSION OF THE IN
CAMERA HEARING
, IF A PARTY MAKES A MOTION TO MAKE THE RELATED
MATERIALS OR HEARING RECORD PUBLIC
, THE PARTY'S MOTION MUST NOT
DISCLOSE ANY CONFIDENTIAL INFORMATION
.
(b) At the conclusion of the hearing, if the court finds that the
evidence proposed to be offered regarding the sexual conduct of the victim
is relevant to a material issue to the case
AND THAT ITS PROBATIVE VALUE
SUBSTANTIALLY OUTWEIGHS THE PROBABILITY THAT ITS ADMISSION WILL
CREATE AN UNFAIR PREJUDICE OR INVASION OF PRIVACY
, the court shall
order that evidence may be introduced and prescribe the nature of the
evidence or questions to be permitted. The moving party may then offer
evidence pursuant to the order of the court.
SECTION 2. Effective date - applicability. This act takes effect
July 1, 2025, and applies to proceedings occurring on or after said date.
SECTION 3. Safety clause. The general assembly finds,
PAGE 3-HOUSE BILL 25-1138 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 25-1138