Colorado 2025 Regular Session

Colorado House Bill HB1312 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0091.04 Caroline Martin x5902
8	8		HOUSE BILL 25-1312
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING LEGAL PROTECTION S FOR TRANSGENDER INDIVIDUALS . 101
14	14		Bill Summary
15	15		(Note: This summary applies to this bill as introduced and does
16	16		not reflect any amendments that may be subsequently adopted. If this bill
17	17		passes third reading in the house of introduction, a bill summary that
18	18		applies to the reengrossed version of this bill will be available at
19	19		http://leg.colorado.gov
20	20		.)
21	21		Section 1 of the bill creates the "Kelly Loving Act".
22	22		Section 2 provides that, when making child custody decisions and
23	23		determining the best interests of a child for purposes of parenting time,
24	24		a court shall consider deadnaming, misgendering, or threatening to
25	25		publish material related to an individual's gender-affirming health-care
26	26		services as types of coercive control. A court shall consider reports of
27	27		coercive control when determining the allocation of parental
28	28		responsibilities in accordance with the best interests of the child.
29	29		HOUSE
30		-	3rd Reading Unamended
31		-	April 6, 2025
32		-	HOUSE
33	30		Amended 2nd Reading
34	31		April 4, 2025
35	32		HOUSE SPONSORSHIP
36		-	Garcia and Stewart R., Bacon, Boesenecker, Brown, Camacho, Duran, Espenoza,
37		-	Froelich, Gilchrist, Hamrick, Joseph, Lieder, Lindsay, Mabrey, McCluskie, McCormick,
38		-	Rydin, Smith, Soper, Story, Titone, Valdez, Velasco, Willford, Zokaie
	33	+	Garcia and Stewart R.,
39	34		SENATE SPONSORSHIP
40	35		Winter F. and Kolker,
41	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
42	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
43	38		Dashes through the words or numbers indicate deletions from existing law. Section 3 prohibits a Colorado court from applying or giving any
44	39		force or effect to another state's law that authorizes a state agency to
45	40		remove a child from the child's parent or guardian because the parent or
46	41		guardian allowed the child to receive gender-affirming health-care
47	42		services.
48	43		Section 4 provides that, if a local education provider, an educator,
49	44		or a contractor chooses to enact or enforce a policy related to chosen
50	45		names, that policy must be to make the policy inclusive of all reasons that
51	46		a student might adopt a chosen name that differs from the student's legal
52	47		name.
53	48		Sections 5 and 6 provide that a dress code adopted or
54	49		implemented by a local education provider must not create or enforce any
55	50		rules based on gender and must allow each student to abide by any
56	51		variation of the dress code.
57	52		Section 7 provides that, when an individual is required to provide
58	53		their name through a form administered by a public entity, the form must
59	54		include an option to provide the individual's legal name and chosen name.
60	55		If the individual provides a chosen name that is different from the
61	56		individual's legal name, the chosen name must be used on all subsequent
62	57		forms administered by the public entity.
63	58		Sections 8 and 9 define deadnaming and misgendering as
64	59		discriminatory acts in the "Colorado Anti-Discrimination Act", and
65	60		prohibit these discriminatory acts in places of public accommodation.
66	61		Be it enacted by the General Assembly of the State of Colorado:1
67	62		SECTION 1. Short title. The short title of this act is the "Kelly2
68	63		Loving Act".3
69	64		SECTION 2. In Colorado Revised Statutes, 14-10-124, amend4
70	65		(1.3)(a)(VIII), (1.3)(a)(X), (1.3)(a)(XI), and (1.5)(a)(III.5); and add5
71	66		(1.3)(a)(XII) as follows:6
72	67		14-10-124. Best interests of the child - legislative declaration7
73	68		- definitions. (1.3) Definitions. For purposes of this section and section8
74	69		14-10-129 (2)(c), unless the context otherwise requires:9
75	70		(a) "Coercive control" means a pattern of threatening, humiliating,10
76	71		or intimidating actions, including assaults or other abuse, that is used to11
77	72		harm, punish, or frighten an individual. "Coercive control" includes a12
78	73		1312-2- pattern of behavior that takes away the individual's liberty or freedom and1
79	74		strips away the individual's sense of self, including the individual's bodily2
80	75		integrity and human rights. "Coercive control" includes isolating the3
81	76		individual from support, exploiting the individual, depriving the4
82	77		individual of independence, and regulating the individual's everyday5
83	78		behavior. "Coercive control" includes, but is not limited to, any of the6
84	79		following:7
85	80		(VIII) Threatening to publish the individual's, or the individual's8
86	81		child's or relative's, sensitive personal information, including sexually9
87	82		explicit material
88	83		OR MATERIAL RELATED TO GENDER -AFFIRMING10
89	84		HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c), or11
90	85		make reports to the police or authorities;12
91	86		(X) Threatening the individual, or the individual's child or13
92	87		relative, with deportation or contacting authorities based on perceived or14
93	88		actual immigration status, withholding essential documents required for15
94	89		immigration, or threatening to withdraw or interfere with an active16
95	90		immigration application or process; or
96	91		17
97	92		(XI) Forcing the individual, or the individual's child or relative,18
98	93		to take part in criminal activities or child abuse;
99	94		OR19
100	95		(XII) D
101	96		EADNAMING OR MISGENDERING , AS THOSE TERMS ARE20
102	97		DEFINED IN SECTION 24-34-301, THE INDIVIDUAL OR THE INDIVIDUAL'S21
103	98		CHILD OR RELATIVE.22
104	99		(1.5) Allocation of parental responsibilities. The court shall23
105	100		determine the allocation of parental responsibilities, including parenting24
106	101		time and decision-making responsibilities, in accordance with the best25
107	102		interests of the child, giving paramount consideration to the child's safety26
108	103		and the physical, mental, and emotional conditions and needs of the child27
109	104		1312
110	105		-3- as follows:1
111	106		(a) Determination of parenting time. The court, upon the motion2
112	107		of either party or upon its own motion, may make provisions for parenting3
113	108		time that the court finds are in the best interests of the child, with the4
114	109		child's safety always paramount, unless the court finds, after a hearing,5
115	110		that parenting time by the party would endanger the child's physical health6
116	111		or significantly impair the child's emotional development. In addition to7
117	112		a finding that parenting time would endanger the child's physical health8
118	113		or significantly impair the child's emotional development, in any order9
119	114		imposing or continuing a parenting time restriction, the court shall10
120	115		enumerate the specific factual findings supporting the restriction,11
121	116		including findings related to domestic violence, child abuse, and child12
122	117		sexual abuse, and may enumerate the conditions that the restricted party13
123	118		could fulfill in order to seek modification in the parenting plan. When a14
124	119		claim of child abuse or neglect, domestic violence, or sexual assault15
125	120		where there is also a claim that the child was conceived as a result of the16
126	121		sexual assault has been made to the court, or the court has reason to17
127	122		believe that a party has committed child abuse or neglect, domestic18
128	123		violence, or sexual assault where there is also a claim that the child was19
129	124		conceived as a result of the sexual assault, prior to determining parenting20
130	125		time, the court shall follow the provisions of subsection (4) of this21
131	126		section. In determining the best interests of the child for purposes of22
132	127		parenting time, the court shall consider all relevant factors, including:23
133	128		(III.5) Any report related to domestic violence
134	129		OR COERCIVE24
135	130		CONTROL that is submitted to the court by a child and family investigator,25
136	131		if one is appointed pursuant to section 14-10-116.5; a professional26
137	132		parental responsibilities evaluator, if one is appointed pursuant to section27
138	133		1312
139	134		-4- 14-10-127; or a legal representative of the child, if one is appointed1
140	135		pursuant to section 14-10-116. The court may consider other testimony2
141	136		regarding domestic violence from the parties, experts, therapists for any3
142	137		parent or child, the department of human services, parenting time4
143	138		supervisors, school personnel, or other lay witnesses.5
144	139		SECTION 3. In Colorado Revised Statutes, add 19-3-220 as6
145	140		follows:7
146	141		19-3-220. Other states' removal laws relating to8
147	142		gender-affirming health-care services - when unenforceable. (1) I
148	143		T9
149	144		IS AGAINST THE PUBLIC POLICY OF THIS STATE FOR THE LAW OF ANOTHER10
150	145		STATE TO AUTHORIZE OR REQUIRE A STATE AGENCY TO REMOVE A CHILD11
151	146		FROM THE CHILD'S PARENT OR GUARDIAN BECAUSE THE PARENT OR12
152	147		GUARDIAN ASSISTED THE CHILD IN OBTAINING GENDER -AFFIRMING13
153	148		HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c).14
154	149		(2) A
155	150		COURT SHALL NOT APPLY ANOTHER STATE 'S LAW AS15
156	151		DESCRIBED IN SUBSECTION (1) OF THIS SECTION TO A CASE OR16
157	152		CONTROVERSY HEARD IN COLORADO COURT.17
158	153		(3) T
159	154		HE COURT SHALL NOT GIVE ANY FORCE OR EFFECT TO ANY18
160	155		FOREIGN JUDGMENT ISSUED IN CONNECTION WITH THE REMOVAL OF A19
161	156		CHILD BECAUSE THE CHILD'S PARENT OR GUARDIAN ASSISTED THE CHILD20
162	157		IN OBTAINING GENDER-AFFIRMING HEALTH-CARE SERVICES IN THIS STATE.21
163	158		SECTION 4. In Colorado Revised Statutes, add 22-1-145.5 as22
164	159		follows:23
165	160		22-1-145.5. Policies related to chosen names - definition.24
166	161		(1) A
167	162		S USED IN THIS SECTION, "LOCAL EDUCATION PROVIDER " MEANS A25
168	163		SCHOOL DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL26
169	164		DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A27
170	165		1312
171	166		-5- CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL1
172	167		INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A2
173	168		BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT3
174	169		TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC4
175	170		SCHOOLS, OR A FACILITY SCHOOL APPROVED PURSUANT TO SECTION5
176	171		22-2-407.6
177	172		(2) I
178	173		F A LOCAL EDUCATION PROVIDER OR ITS EMPLOYEES , AN7
179	174		EDUCATOR, OR A CONTRACTOR , AS DEFINED IN SECTION 22-1-143,8
180	175		CHOOSES TO ENACT OR ENFORCE A POLICY RELATED TO CHOSEN NAMES ,9
181	176		THAT POLICY MUST BE INCLUSIVE OF ALL REASONS THAT A STUDENT10
182	177		MIGHT ADOPT A CHOSEN NAME THAT DIFFERS FROM THE STUDENT 'S LEGAL11
183	178		NAME.12
184	179		SECTION 5. In Colorado Revised Statutes, add 22-1-148 as13
185	180		follows:14
186	181		22-1-148. Student access to dress code variations.
187	182		A DRESS15
188	183		CODE ADOPTED OR IMPLEMENTED BY A LOCAL EDUCATION PROVIDER , AS16
189	184		DEFINED IN SECTION 22-1-145, MUST ALLOW EACH STUDENT TO CHOOSE17
190	185		FROM ANY OF THE OPTIONS PROVIDED IN THE DRESS CODE .18
191	186		SECTION 6. In Colorado Revised Statutes, 22-32-109.1, amend19
192	187		(2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:20
193	188		22-32-109.1. Board of education - specific powers and duties21
194	189		- safe school plan - conduct and discipline code - safe school reporting22
195	190		requirements - school response framework - school resource officers23
196	191		- definitions. (2) Safe school plan. To provide a learning environment24
197	192		that is safe, conducive to the learning process, and free from unnecessary25
198	193		disruption, each school district board of education or institute charter26
199	194		school board for a charter school authorized by the charter school institute27
200	195		1312
201	196		-6- shall, following consultation with the school district accountability1
202	197		committee and school accountability committees, parents, teachers,2
203	198		administrators, students, student councils where available, and, where3
204	199		appropriate, the community at large, adopt and implement a safe school4
205	200		plan, or review and revise, as necessary in response to any relevant data5
206	201		collected by the school district, any existing plans or policies already in6
207	202		effect. In addition to the aforementioned parties, each school district7
208	203		board of education, in adopting and implementing its safe school plan,8
209	204		may consult with victims' advocacy organizations, school psychologists,9
210	205		local law enforcement, and community partners. The plan, at a minimum,10
211	206		must include the following:11
212	207		(a) Conduct and discipline code. (I) A concisely written conduct12
213	208		and discipline code that must be enforced uniformly, fairly, and13
214	209		consistently for all students. Copies of the code shall MUST be provided14
215	210		to each student upon enrollment at the preschool, elementary, middle, and15
216	211		high school levels and be posted or kept on file at each public school in16
217	212		the school district. The school district shall take reasonable measures to17
218	213		ensure that each student of each public school in the school district is18
219	214		familiar with the code. The code must include, but need not be limited to:19
220	215		(J) A dress code policy that prohibits students from wearing20
221	216		apparel that is deemed disruptive to the classroom environment or to the21
222	217		maintenance of a safe and orderly school. The dress code policy may22
223	218		require students to wear a school uniform or may establish minimum23
224	219		standards of dress,
225	220		BUT MUST NOT CREATE OR ENFORCE ANY RULES BASED24
226	221		ON GENDER, AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY25
227	222		VARIATION OF THE DRESS CODE.26
228	223		27
229	224		1312
230	225		-7- SECTION 7. In Colorado Revised Statutes, 24-34-301, add (3.5),1
231	226		(5.5), and (14.5) as follows:2
232	227		24-34-301. Definitions. As used in parts 3 to 10 of this article 34,3
233	228		unless the context otherwise requires:4
234	229		(3.5) "C
235	230		HOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL5
236	231		REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL 'S GENDER6
237	232		IDENTITY OR GENDER EXPRESSION.7
238	233		(5.5) (a) "D
239	234		EADNAME" MEANS TO PURPOSEFULLY, AND WITH THE8
240	235		INTENT TO DISREGARD THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER9
241	236		EXPRESSION, REFER TO AN INDIVIDUAL BY THEIR BIRTH NAME RATHER10
242	237		THAN THEIR CHOSEN NAME.11
243	238		(b) F
244	239		OR PURPOSES OF THIS SUBSECTION (5.5), REPEATEDLY12
245	240		REFERRING TO AN INDIVIDUAL USING THEIR DEADNAME WHILE ON NOTICE13
246	241		OF THEIR CHOSEN NAME IS EVIDENCE OF THE INTENT REQUIRED BY THIS14
247	242		SUBSECTION (5.5).15
248	243		(14.5) (a) "M
249	244		ISGENDER" MEANS TO PURPOSEFULLY, AND WITH THE16
250	245		INTENT TO DISREGARD THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER17
251	246		EXPRESSION, REFER TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN18
252	247		THAT CONFLICTS WITH THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER19
253	248		EXPRESSION.20
254	249		(b) F
255	250		OR PURPOSES OF THIS SUBSECTION (14.5), REPEATEDLY21
256	251		REFERRING TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN THAT22
257	252		CONFLICTS WITH THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER23
258	253		EXPRESSION WHILE ON NOTICE THAT SAID HONORIFIC OR PRONOUN24
259	254		CONFLICTS WITH THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER25
260	255		EXPRESSION IS EVIDENCE OF THE INTENT REQUIRED BY SUBSECTION26
261	256		(14.5)(a)
262	257		OF THIS SECTION.27
263	258		1312
264	259		-8- SECTION 8. In Colorado Revised Statutes, 24-34-601, add (6)1
265	260		as follows:2
266	261		24-34-601. Discrimination in places of public accommodation3
267	262		- definition. (6) (a) I
268	263		T IS A DISCRIMINATORY PRACTICE AND UNLAWFUL4
269	264		TO, WITH SPECIFIC INTENT TO DISCRIMINATE, PUBLISH MATERIALS THAT5
270	265		DEADNAME OR MISGENDER AN INDIVIDUAL .6
271	266		(b) F
272	267		OR PURPOSES OF THIS SUBSECTION (6), THE REFUSAL OF A7
273	268		PRE-PUBLICATION REQUEST FOR THE PUBLISHER TO USE AN INDIVIDUAL 'S8
274	269		CHOSEN NAME, HONORIFICS, OR PRONOUNS CAN SERVE AS EVIDENCE OF9
275	270		THE INTENT REQUIRED BY SUBSECTION (6)(a) OF THIS SECTION.10
276	271		(c) THIS SUBSECTION (6) DOES NOT PREVENT A PUBLIC ENTITY11
277	272		FROM USING AN INDIVIDUAL'S LEGAL NAME WHEN REQUIRED TO DO SO BY12
278	273		LAW TO ENSURE THAT THE IDENTITY OF THE INDIVIDUAL CAN BE VERIFIED13
279	274		OR THAT OTHER INFORMATION PERTAINING TO THE INDIVIDUAL THAT IS14
280	275		NEEDED FOR LEGAL OR OTHER LEGITIMATE PUBLIC PURPOSES CAN BE15
281	276		OBTAINED.16
282	277		SECTION 9. Safety clause. The general assembly finds,17
283	278		determines, and declares that this act is necessary for the immediate18
284	279		preservation of the public peace, health, or safety or for appropriations for19
285	280		the support and maintenance of the departments of the state and state20
286	281		institutions.21
287	282		1312
288	283		-9-