Amendments for HB13-1020

House Journal, February 8
15 HB13-1020 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend printed bill, strike everything below the enacting clause and
20 substitute the following:
21
22 "SECTION 1. In Colorado Revised Statutes, add 24-33.5-112 as
23 follows:
24 24-33.5-112. Forensic medical evidence in sexual assault cases
25 - rules - testing - confidentiality - repeal. (1) Rules. (a) ON OR BEFORE
26 THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
27 EXECUTIVE DIRECTOR SHALL BEGIN THE PROCESS OF PROMULGATING
28 RULES FOR FORENSIC MEDICAL EVIDENCE COLLECTED IN CONNECTION
29 WITH AN ALLEGED SEXUAL ASSAULT. NOT LESS THAN NINETY DAYS PRIOR
30 TO THE PROMULGATION OF THE RULES, THE DIVISION SHALL CONVENE A
31 REPRESENTATIVE GROUP OF PARTICIPANTS AS DEFINED IN SECTION
32 24-4-102 (14.5) TO SOLICIT INPUT INTO THE DEVELOPMENT OF THE RULES.
33 THE REPRESENTATIVE GROUP MUST INCLUDE PERSONS AFFECTED BY THE
34 RULES AND PERSONS RESPONSIBLE FOR IMPLEMENTATION OF THE RULES.
35 THE DIVISION MAY CONVENE AS MANY MEETINGS OF THE REPRESENTATIVE
36 GROUP AS IS NECESSARY.
37 (b) ON OR BEFORE SIX MONTHS AFTER THE EFFECTIVE DATE OF
38 THIS SECTION, THE EXECUTIVE DIRECTOR SHALL PROMULGATE THE RULES.
39 THE RULES MUST INCLUDE:
40 (I) A REQUIREMENT THAT FORENSIC EVIDENCE MUST BE
41 COLLECTED IF A VICTIM OF AN ALLEGED SEXUAL ASSAULT REQUESTS IT TO
42 BE COLLECTED;
43 (II) STANDARDS FOR WHAT EVIDENCE MUST BE SUBMITTED TO THE
44 COLORADO BUREAU OF INVESTIGATION OR ANOTHER ACCREDITED CRIME
45 LABORATORY;
46 (III) TIME FRAMES FOR WHEN THE EVIDENCE MUST BE SUBMITTED,
47 ANALYZED, AND COMPARED TO DNA DATABASES. THE RULES ON TIME
48 FRAMES MUST INDICATE THAT EVIDENCE THAT MEETS THE CRITERIA FOR
49 MANDATORY SUBMISSION MUST BE SUBMITTED WITHIN TWENTY-ONE DAYS
50 AFTER RECEIPT BY A LAW ENFORCEMENT AGENCY.
51 (IV) STANDARDS FOR CONSENT FOR THE COLLECTION, TESTING,
52 AND RELEASE OF TEST RESULTS OF THE FORENSIC MEDICAL EVIDENCE,
53 INCLUDING BUT NOT LIMITED TO:
54 (A) CONSENT FORMS THAT NOTIFY PERSONS OF THE POTENTIAL
55 EFFECTS OF EACH STEP OF THE PROCESS, INCLUDING COLLECTION, TESTING,
56 AND RELEASE OF TEST RESULTS AND REQUIRE ACKNOWLEDGMENT OF
1 CONSENT FOR EACH STEP OF THE PROCESS;
2 (B) WHO MAY GIVE CONSENT AND WHEN IS IT REQUIRED;
3 (C) WHO MAY WITHDRAW CONSENT AND WHEN IT MAY BE
4 WITHDRAWN; AND
5 (D) WHEN AND HOW RESULTS OF TESTS MAY BE RELEASED AND
6 FOR WHAT PURPOSES.
7 (2) LAW ENFORCEMENT AND MEDICAL PERSONNEL SHALL NOT, FOR
8 ANY REASON, DISCOURAGE A VICTIM OF AN ALLEGED SEXUAL ASSAULT
9 FROM RECEIVING A FORENSIC MEDICAL EXAMINATION.
10 (3) Compliance. (a) (I) ON AND AFTER NINETY DAYS AFTER THE
11 PROMULGATION OF THE RULES AUTHORIZED BY PARAGRAPH (b) OF
12 SUBSECTION (1) OF THIS SECTION, ALL LAW ENFORCEMENT AGENCIES IN
13 THE STATE SHALL COMPLY WITH THE PROMULGATED RULES.
14 (II) THE FAILURE OF A LAW ENFORCEMENT AGENCY TO COMPLY
15 WITH THE RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF
16 SUBSECTION (1) OF THIS SECTION DOES NOT AFFECT:
17 (A) THE AUTHORITY OF THE AGENCY TO SUBMIT THE EVIDENCE TO
18 THE COLORADO BUREAU OF INVESTIGATION OR OTHER ACCREDITED CRIME
19 LABORATORY;
20 (B) THE AUTHORITY OF THE COLORADO BUREAU OF
21 INVESTIGATION OR OTHER ACCREDITED CRIME LABORATORY TO ANALYZE
22 THE EVIDENCE OR PROVIDE RESULTS OF THE ANALYSIS TO APPROPRIATE
23 PERSONS; OR
24 (C) THE ADMISSIBILITY OF THE EVIDENCE IN ANY COURT.
25 (b) ON AND AFTER NINETY DAYS AFTER THE PROMULGATION OF
26 THE RULES DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS
27 SECTION, ALL PERSONNEL AT A MEDICAL FACILITY PERFORMING A
28 FORENSIC MEDICAL EXAMINATION AND ALL OTHER PERSONS HAVING
29 CUSTODY OF FORENSIC MEDICAL EVIDENCE COLLECTED IN CONNECTION
30 WITH AN ALLEGED SEXUAL ASSAULT OR THE RESULTS OF TESTS
31 CONDUCTED ON THE EVIDENCE SHALL COMPLY WITH THE PROMULGATED
32 RULES.
33 (c) A PERSON WHO RECEIVES EVIDENCE OR RESULTS OF TESTS
34 UNDER THIS SECTION SHALL NOT DISCLOSE THE EVIDENCE OR TEST
35 RESULTS EXCEPT TO THE EXTENT THAT DISCLOSURE IS CONSISTENT WITH
36 THE AUTHORIZED PURPOSE FOR WHICH THE PERSON OBTAINED THE
37 EVIDENCE.
38 (4) Backlog. (a) ON OR BEFORE NINETY DAYS AFTER THE
39 EFFECTIVE DATE OF THIS SECTION, EACH LAW ENFORCEMENT AGENCY
40 SHALL SUBMIT TO THE COLORADO BUREAU OF INVESTIGATION AN
41 INVENTORY OF ALL FORENSIC MEDICAL EVIDENCE OF ANY ALLEGED
42 SEXUAL ASSAULTS THAT HAVE NOT BEEN ANALYZED BY THE COLORADO
43 BUREAU OF INVESTIGATION OR OTHER ACCREDITED CRIME LABORATORY
44 AND THAT:
45 (I) IS FOR AN ACTIVE CRIMINAL INVESTIGATION; AND
46 (II) MEETS THE CRITERIA FOR MANDATORY TESTING PURSUANT TO
47 THE RULES ADOPTED BY THE EXECUTIVE DIRECTOR PURSUANT TO
48 SUBSECTION (1) OF THIS SECTION.
49 (b) SUBJECT TO AVAILABLE LABORATORY SPACE, ON OR BEFORE
50 NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH LAW
51 ENFORCEMENT AGENCY SHALL FORWARD TO THE COLORADO BUREAU OF
52 INVESTIGATION OR OTHER ACCREDITED CRIME LABORATORY THE FORENSIC
53 MEDICAL EVIDENCE IDENTIFIED ON THE INVENTORY SUBMITTED TO THE
54 COLORADO BUREAU OF INVESTIGATION.
55 (c) ON OR BEFORE ONE HUNDRED TWENTY DAYS AFTER THE
56 EFFECTIVE DATE OF THIS SECTION, THE COLORADO BUREAU OF
1 INVESTIGATION SHALL SUBMIT TO THE GOVERNOR AND TO THE JUDICIARY
2 COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES, OR ANY
3 SUCCESSOR COMMITTEES, A PROPOSED PLAN FOR ANALYZING BY JUNE 30,
4 2014, ALL OF THE FORENSIC MEDICAL EVIDENCE OF ALLEGED SEXUAL
5 ASSAULTS INVENTORIED PURSUANT TO PARAGRAPH (a) OF THIS
6 SUBSECTION (4).
7 (d) A LAW ENFORCEMENT AGENCY MAY DEVELOP ITS OWN PLAN TO
8 ANALYZE FORENSIC MEDICAL EVIDENCE OF ALLEGED SEXUAL ASSAULTS IF
9 ALL EVIDENCE IS ANALYZED BY JUNE 30, 2014. IF A LAW ENFORCEMENT
10 AGENCY DEVELOPS ITS OWN PLAN, IT SHALL NOT FORWARD AN INVENTORY
11 OF THE FORENSIC MEDICAL EVIDENCE TO THE COLORADO BUREAU OF
12 INVESTIGATION AS REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (4).
13 (e) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2015.
14 SECTION 2. Safety clause. The general assembly hereby finds,
15 determines, and declares that this act is necessary for the immediate
16 preservation of the public peace, health, and safety.".
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