First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0832.02 Owen Hatch x2698 SENATE BILL 25-170 Senate Committees House Committees Appropriations Appropriations A BILL FOR AN ACT C ONCERNING A STATE -FUNDED RESPONSE TO GENETIC TESTING101 BACKLOGS.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/ .) Joint Budget Committee. The bill requires the Colorado bureau of investigation (CBI) to spend specifically appropriated money on backlogged DNA evidence and sexual assault kit tests. Additionally, the bill allows the CBI to contract with external labs to perform the testing. The bill requires CBI to create a dashboard on the department of public safety's website to update the public on the backlog. CBI shall HOUSE 2nd Reading Unamended March 12, 2025 SENATE 3rd Reading Unamended March 4, 2025 SENATE 2nd Reading Unamended March 3, 2025 SENATE SPONSORSHIP Amabile and Kirkmeyer, Bridges, Ball, Coleman, Cutter, Frizell, Gonzales J., Hinrichsen, Jodeh, Kipp, Marchman, Michaelson Jenet, Roberts, Snyder, Sullivan, Weissman, Winter F. HOUSE SPONSORSHIP Bird and Sirota, Taggart 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. provide the general assembly with updates on the backlog every 30 days from March 10, 2025, through June 30, 2026. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 24-33.5-432 as2 follows:3 24-33.5-432. Appropriation - DNA retesting - sexual assault4 kit backlog - reporting requirements - definition. (1) T HE THREE5 MILLION DOLLAR APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY ,6 IN TURN APPROPRIATED TO THE BUREAU WITH THE LINE ITEM "DNA7 TESTING AND REIMBURSEMENT " IN HOUSE BILL 24-1430, PASSED ON8 A PRIL 29, 2024, REMAINS AVAILABLE TO THE BUREAU UNTIL JUNE 30,9 2026.10 (2) T HE BUREAU MAY ENTER INTO CONTRACTS WITH EXTERNAL11 TESTING LABORATORIES OR AGENCIES THAT CONFORM TO THE CURRENT12 VERSION OF ISO/IEC 17025 REQUIREMENTS, THE APPROPRIATE QUALITY13 ASSURANCE STANDARDS REQUIRED BY THE FEDERAL BUREAU OF14 INVESTIGATION, AND FORENSIC-SPECIFIC REQUIREMENTS, AND ARE15 ACCREDITED BY AN ORGANIZATION THAT IS SIGNATORY TO THE16 I NTERNATIONAL LABORATORY ACCREDITATION COOPERATION MUTUAL17 R ECOGNITION ARRANGEMENTS FOR TESTING LABORATORIES, TO PERFORM18 DNA RETESTING ON CRIMINAL CASES INVOLVED IN THE BUREAU19 LABORATORY MISCONDUCT THAT WAS DISCOVERED IN 2023.20 (3) T HE BUREAU MAY ENTER INTO CONTRACTS WITH EXTERNAL21 TESTING LABORATORIES OR AGENCIES THAT CONFORM TO THE CURRENT22 VERSION OF ISO/IEC 17025 REQUIREMENTS, THE APPROPRIATE QUALITY23 ASSURANCE STANDARDS REQUIRED BY THE FEDERAL BUREAU OF24 INVESTIGATION, AND FORENSIC-SPECIFIC REQUIREMENTS, AND ARE25 170-2- ACCREDITED BY AN ORGANIZATION THAT IS SIGNATORY TO THE1 I NTERNATIONAL LABORATORY ACCREDITATION COOPERATION MUTUAL2 R ECOGNITION ARRANGEMENTS FOR TESTING LABORATORIES, TO PERFORM3 TESTING ON EVIDENCE IN THE BUREAU 'S FORENSIC MEDICAL EVIDENCE4 BACKLOG, INCLUDING, BUT NOT LIMITED TO, TESTING OF SEXUAL ASSAULT5 KITS.6 (4) T HE DEPARTMENT OF PUBLIC SAFETY SHALL :7 (a) P ROVIDE A PROGRESS REPORT TO THE JOINT BUDGET8 COMMITTEE BY APRIL 15, 2025, DETAILING STEPS THE BUREAU HAS TAKEN9 TO RESOLVE THE TESTING BACKLOG ISSUE FOR FORENSIC MEDICAL10 EVIDENCE AND SEXUAL ASSAULT KITS ;11 (b) U TILIZE THE APPROPRIATION DESCRIBED IN SUBSECTION (1) OF12 THIS SECTION TO PRIORITIZE AND ACCELERATE TESTING OF THE BACKLOG13 OF SEXUAL ASSAULT KITS;14 (c) D ESIGN AND IMPLEMENT, WITHIN NINETY DAYS AFTER THE15 EFFECTIVE DATE OF THIS SECTION, A PUBLIC-FACING DASHBOARD ON THE16 DEPARTMENT OF PUBLIC SAFETY 'S WEBSITE THAT PROVIDES REPORTS ON17 THE FORENSIC MEDICAL EVIDENCE AND SEXUAL ASSAULT KIT BACKLOGS ,18 INCLUDING THE TOTAL CASELOAD NUMBERS SUBJECT TO THE BACKLOG ,19 TOTAL FISCAL YEAR CASELOAD NUMBERS SUBJECT TO THE BACKLOG , THE20 NUMBER OF FORENSIC MEDICAL EVIDENCE TESTS AND SEXUAL ASSAULT21 KIT TESTS COMPLETED IN THE PREVIOUS THIRTY DAYS , THE NUMBER OF22 NEW CASES RECEIVED WITHIN THE PREVIOUS THIRTY DAYS , AND THE23 CURRENT AVERAGE TURNAROUND TIMES TO CONDUCT A FORENSIC24 MEDICAL EVIDENCE TEST OR A SEXUAL ASSAULT KIT TEST . THE25 DEPARTMENT SHALL UPDATE THE DASHBOARD AT LEAST EVERY THIRTY26 DAYS.27 170 -3- (d) PROVIDE EMAIL UPDATES EVERY THIRTY DAYS BEGINNING1 M ARCH 10, 2025, THROUGH JUNE 30, 2026, TO THE GENERAL ASSEMBLY2 REGARDING THE FORENSIC MEDICAL EVIDENCE AND SEXUAL ASSAULT KIT3 BACKLOGS, WHICH INCLUDE:4 (I) T HE TOTAL NUMBER OF CASES WITH PENDING FORENSIC5 MEDICAL EVIDENCE TESTS;6 (II) T HE TOTAL NUMBER OF CASES WITH PENDING SEXUAL ASSAULT7 KIT TESTS;8 (III) T HE CURRENT AVERAGE TURNAROUND TIME FOR A FORENSIC9 MEDICAL TEST;10 (IV) T HE CURRENT AVERAGE TURNAROUND TIME FOR A SEXUAL11 ASSAULT KIT TEST;12 (V) T HE NUMBER OF TESTS THE BUREAU 'S INTERNAL LAB HAS13 COMPLETED IN THE PREVIOUS THIRTY DAYS ;14 (VI) T HE NUMBER OF TESTS EXTERNAL CONTRACTED LABS HAVE15 COMPLETED IN THE PREVIOUS THIRTY DAYS ;16 (VII) T HE ANTICIPATED TIMELINE FOR THE BUREAU TO ACHIEVE AN17 AVERAGE NINETY-DAY TURNAROUND TIME FOR SEXUAL ASSAULT KIT18 TESTS;19 (VIII) U PDATES ON THE BUREAU'S LAB ANALYST STAFFING LEVELS;20 AND21 (IX) I NFORMATION OR UPDATES ON DIFFICULTIES CONTRACTING22 WITH EXTERNAL LABS THAT MAY AFFECT THE BUREAU 'S ANTICIPATED23 TESTING CAPACITY, VOLUME, TURNAROUND EXPECTATIONS , OR OTHER24 INFORMATION EXPLAINING WHY THE RESULTS VARY FROM THE PROJECTED25 CASELOAD TIMELINE REFLECTED IN THE FEBRUARY 10, 2025, BUREAU26 WHITEPAPER DOCUMENT PROVIDED TO THE GENERAL ASSEMBLY .27 170 -4- (5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE1 REQUIRES, "FORENSIC MEDICAL EVIDENCE" INCLUDES, BUT IS NOT LIMITED2 TO, DNA.3 SECTION 2. Safety clause. The general assembly finds,4 determines, and declares that this act is necessary for the immediate5 preservation of the public peace, health, or safety or for appropriations for6 the support and maintenance of the departments of the state and state7 institutions.8 170 -5-