Amendments for SB23-040
Senate Journal, February 3
After consideration on the merits, the Committee recommends that SB23-040 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 4, after line 13 insert:
"SECTION 2. In Colorado Revised Statutes, 26-3.1-102, amend
(7)(b)(VII) as follows:
26-3.1-102. Reporting requirements. (7) (b) Disclosure of a report
of the mistreatment or self-neglect of an at-risk adult and information relating
to an investigation of such a report and subsequent cases resulting from the
report is permitted only when authorized by a court for good cause. A court
order is not required, and such disclosure is not prohibited, when:
(VII) The disclosure is made to the at-risk adult who is the subject of
the report, or if the at-risk adult is otherwise incompetent at the time of the
request, to the guardian or guardian ad litem for the at-risk adult who is the
subject of the report. The information disclosed pursuant to this subsection
(7)(b)(VII) must not be disclosed until after the investigation is complete and
must not include any identifying information related to the reporting party or
any other appropriate persons. If the guardian is the substantiated perpetrator in
a case of mistreatment of an at-risk adult, the disclosure must not be made
without authorization by the A court for good cause UNLESS THE DISCLOSURE IS
BEING MADE FOR THE PURPOSES OF THE GUARDIAN'S APPEAL PROCESS
DESCRIBED IN SUBSECTION (7)(b)(V) OF THIS SECTION. If the court authorizes
the release of information to a substantiated perpetrator, any protected or
confidential information pursuant to federal or state law must not be
disclosed.".
Renumber succeeding sections accordingly.