SENATE BILL 25-170
BY SENATOR(S) Amabile and Kirkmeyer, Bridges, Ball, Cutter, Frizell,
Gonzales J., Hinrichsen, Jodeh, Kipp, Marchman, Michaelson Jenet,
Roberts, Snyder, Sullivan, Weissman, Winter F., Coleman;
also REPRESENTATIVE(S) Bird and Sirota, Taggart, Armagost, Barron,
Boesenecker, Brown, Camacho, Carter, Clifford, Duran, Froelich, Garcia,
Garcia Sander, Gonzalez R., Hamrick, Jackson, Joseph, Keltie, Lieder,
Lindsay, Lindstedt, Lukens, Marshall, McCormick, Rutinel, Smith, Soper,
Stewart K., Titone, Valdez, Velasco, Willford, Winter T., Zokaie.
C
ONCERNING A STATE-FUNDED RESPONSE TO GENETIC TESTING BACKLOGS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-33.5-432 as
follows:
24-33.5-432. Appropriation - DNA retesting - sexual assault kit
backlog - reporting requirements - definition. (1) T
HE THREE MILLION
DOLLAR APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY
, IN TURN
APPROPRIATED TO THE BUREAU WITH THE LINE ITEM
"DNA TESTING AND
REIMBURSEMENT
" IN HOUSE BILL 24-1430, PASSED ON APRIL 29, 2024,
REMAINS AVAILABLE TO THE BUREAU UNTIL JUNE 30, 2026.
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. (2) THE BUREAU MAY ENTER INTO CONTRACTS WITH EXTERNAL
TESTING LABORATORIES OR AGENCIES THAT CONFORM TO THE CURRENT
VERSION OF
ISO/IEC 17025 REQUIREMENTS, THE APPROPRIATE QUALITY
ASSURANCE STANDARDS REQUIRED BY THE FEDERAL BUREAU OF
INVESTIGATION
, AND FORENSIC-SPECIFIC REQUIREMENTS , AND ARE
ACCREDITED BY AN ORGANIZATION THAT IS SIGNATORY TO THE
INTERNATIONAL LABORATORY ACCREDITATION COOPERATION MUTUAL
RECOGNITION ARRANGEMENTS FOR TESTING LABORATORIES, TO PERFORM
DNA RETESTING ON CRIMINAL CASES INVOLVED IN THE BUREAU
LABORATORY MISCONDUCT THAT WAS DISCOVERED IN
2023.
(3) T
HE BUREAU MAY ENTER INTO CONTRACTS WITH EXTERNAL
TESTING LABORATORIES OR AGENCIES THAT CONFORM TO THE CURRENT
VERSION OF
ISO/IEC 17025 REQUIREMENTS, THE APPROPRIATE QUALITY
ASSURANCE STANDARDS REQUIRED BY THE FEDERAL BUREAU OF
INVESTIGATION
, AND FORENSIC-SPECIFIC REQUIREMENTS, AND ARE
ACCREDITED BY AN ORGANIZATION THAT IS SIGNATORY TO THE
INTERNATIONAL LABORATORY ACCREDITATION COOPERATION MUTUAL
RECOGNITION ARRANGEMENTS FOR TESTING LABORATORIES, TO PERFORM
TESTING ON EVIDENCE IN THE BUREAU
'S FORENSIC MEDICAL EVIDENCE
BACKLOG
, INCLUDING, BUT NOT LIMITED TO, TESTING OF SEXUAL ASSAULT
KITS
.
(4) T
HE DEPARTMENT OF PUBLIC SAFETY SHALL :
(a) P
ROVIDE A PROGRESS REPORT TO THE JOINT BUDGET COMMITTEE
BY
APRIL 15, 2025, DETAILING STEPS THE BUREAU HAS TAKEN TO RESOLVE
THE TESTING BACKLOG ISSUE FOR FORENSIC MEDICAL EVIDENCE AND SEXUAL
ASSAULT KITS
;
(b) U
TILIZE THE APPROPRIATION DESCRIBED IN SUBSECTION (1) OF
THIS SECTION TO PRIORITIZE AND ACCELERATE TESTING OF THE BACKLOG OF
SEXUAL ASSAULT KITS
;
(c) D
ESIGN AND IMPLEMENT, WITHIN NINETY DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION
, A PUBLIC-FACING DASHBOARD ON THE
DEPARTMENT OF PUBLIC SAFETY
'S WEBSITE THAT PROVIDES REPORTS ON THE
FORENSIC MEDICAL EVIDENCE AND SEXUAL ASSAULT KIT BACKLOGS
,
INCLUDING THE TOTAL CASELOAD NUMBERS SUBJECT TO THE BACKLOG ,
PAGE 2-SENATE BILL 25-170 TOTAL FISCAL YEAR CASELOAD NUMBERS SUBJECT TO THE BACKLOG , THE
NUMBER OF FORENSIC MEDICAL EVIDENCE TESTS AND SEXUAL ASSAULT KIT
TESTS COMPLETED IN THE PREVIOUS THIRTY DAYS
, THE NUMBER OF NEW
CASES RECEIVED WITHIN THE PREVIOUS THIRTY DAYS
, AND THE CURRENT
AVERAGE TURNAROUND TIMES TO CONDUCT A FORENSIC MEDICAL EVIDENCE
TEST OR A SEXUAL ASSAULT KIT TEST
. THE DEPARTMENT SHALL UPDATE THE
DASHBOARD AT LEAST EVERY THIRTY DAYS
.
(d) P
ROVIDE EMAIL UPDATES EVERY THIRTY DAYS BEGINNING
MARCH 10, 2025, THROUGH JUNE 30, 2026, TO THE GENERAL ASSEMBLY
REGARDING THE FORENSIC MEDICAL EVIDENCE AND SEXUAL ASSAULT KIT
BACKLOGS
, WHICH INCLUDE:
(I) T
HE TOTAL NUMBER OF CASES WITH PENDING FORENSIC MEDICAL
EVIDENCE TESTS
;
(II) T
HE TOTAL NUMBER OF CASES WITH PENDING SEXUAL ASSAULT
KIT TESTS
;
(III) T
HE CURRENT AVERAGE TURNAROUND TIME FOR A FORENSIC
MEDICAL TEST
;
(IV) T
HE CURRENT AVERAGE TURNAROUND TIME FOR A SE XUAL
ASSAULT KIT TEST
;
(V) T
HE NUMBER OF TESTS THE BUREAU 'S INTERNAL LAB HAS
COMPLETED IN THE PREVIOUS THIRTY DAYS
;
(VI) T
HE NUMBER OF TESTS EXTERNAL CONTRACTED LABS HAVE
COMPLETED IN THE PREVIOUS THIRTY DAYS
;
(VII) T
HE ANTICIPATED TIMELINE FOR THE BUREAU TO ACHIEVE AN
AVERAGE NINETY
-DAY TURNAROUND TIME FOR SEXUAL ASSAULT KIT TESTS ;
(VIII) U
PDATES ON THE BUREAU'S LAB ANALYST STAFFING LEVELS;
AND
(IX) INFORMATION OR UPDATES ON DIFFICULTIES CONTRACTING
WITH EXTERNAL LABS THAT MAY AFFECT THE BUREAU
'S ANTICIPATED
TESTING CAPACITY
, VOLUME, TURNAROUND EXPECTATIONS , OR OTHER
PAGE 3-SENATE BILL 25-170 INFORMATION EXPLAINING WHY THE RESULTS VARY FROM THE PROJECTED
CASELOAD TIMELINE REFLECTED IN THE
FEBRUARY 10, 2025, BUREAU
WHITEPAPER DOCUMENT PROVIDED TO THE GENERAL ASSEMBLY
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "FORENSIC MEDICAL EVIDENCE" INCLUDES, BUT IS NOT LIMITED
TO
, DNA.
SECTION 2. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-SENATE BILL 25-170 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 25-170