Amendments for HB20-1228

House Journal, February 14
49 HB20-1228 be amended as follows, and as so amended, be referred to
50 the Committee on Appropriations with favorable
51 recommendation:
52
53 Amend printed bill, page 2, after line 1 insert:
54 "SECTION 1. Legislative declaration. (1) The general
55 assembly finds and declares that:
56 (a) There has been a philosophical shift and accompanying
1 statutory changes at the state and federal level regarding response to
2 sexual assault victims. That shift acknowledges that providing
3 victim-centered reporting options can:
4 (I) Begin to restore the power and control victims lose during an
5 assault;
6 (II) Promotes improved long-term outcomes for victims; and
7 (III) Improves investigations and stronger prosecutions.
42 8 (b) In 2005, the federal "Violence Against Women Act",
9 U.S.C. sec. 3796gg-4 (b)(3), made clear victims of sexual assault cannot
10 be charged, directly or indirectly, for a medical forensic exam and the
11 associated testing of any evidence. The "Violence Against Women Act"
12 also stated victims do not have to work with law enforcement to receive
13 a medical forensic exam. Collectively, these provisions are known as
14 forensic compliance.
15 (c) Through bills in 2008, 2013, and 2015, the state of Colorado
16 came into compliance with the federal "Violence Against Women Act"
17 forensic compliance provisions and created Colorado's current statutory
18 structure that enables victims to determine a course of action with
19 multidisciplinary responders acting from the victims' decisions. This
20 included establishing the sexual assault victim emergency payment
21 program, section 18-3-407.5 (3)(b), to pay for the evidence collection
22 portion of the medical forensic exam collected pursuant to section
23 12-240-139 (1)(b).
24 (d) Victims of sexual assault who decide to undergo a medical
25 forensic exam often experience frustration while waiting for the results
26 of the DNA analysis. A lengthy and sometimes opaque process, there are
27 currently no safeguards for victims to ensure they know the status or
28 outcome of evidence testing. Communication about their evidence's
29 progress is disparate and can leave victims feeling unsupported and
30 forgotten.
31 (e) Establishing a confidential tracking system for survivors to
32 know the status of their forensic medical evidence is one part of the
33 solution. However, a nexus of issues affecting sexual assault victims'
34 access to medical forensic exams and payment options prior to their
35 evidence even being sent for testing exists. At this time, Colorado has no
36 consistent and consolidated evaluation data on the efficacy of its sexual
37 assault forensic compliance laws and the associated interplay of medical
38 forensic evidence knowledge, access, cost, and payment that collectively
39 create the conditions for such evidence to be tested in the first place.
40 These issues must be evaluated prior to the implementation of a tracking
41 system to ensure the best possible infrastructure, medical, and criminal
42 justice response exists for survivors of sexual assault in Colorado.
43 (f) While such an evaluation project is underway, there are several
44 survivor rights the state of Colorado should enshrine to ensure survivors
45 are receiving the best possible care and response from the criminal justice
46 system.".
47
48 Renumber succeeding sections accordingly.
49
50 Page 2, strike lines 12 and 13 and substitute:
51 "(2) (a) THE DIVISION, IN CONJUNCTION WITH A STATEWIDE
52 COALITION THAT ADVOCATES FOR VICTIMS OF SEXUAL ASSAULT, SHALL
53 CONVENE A STATEWIDE MULTIDISCIPLINARY COMMITTEE TO STUDY HOW
54 TO IMPLEMENT A STATEWIDE TRACKING SYSTEM TO ALLOW A VICTIM OF
55 SEXUAL ASSAULT TO TRACK THE STATUS OF THE VICTIM'S FORENSIC
56 MEDICAL EVIDENCE. THE COMMITTEE MUST INCLUDE:
1 (I) LAW ENFORCEMENT, INCLUDING THE COLORADO BUREAU OF
2 INVESTIGATION;
3 (II) SYSTEM AND COMMUNITY-BASED ADVOCATES;
4 (III) MEDICAL PROFESSIONALS;
5 (IV) DISTRICT ATTORNEYS; AND
6 (V) OTHER KEY STAKEHOLDERS.
7 (b) TO ENSURE ANY TRACKING SYSTEM IMPLEMENTED IN THE
8 STATE OF COLORADO IS THE MOST HELPFUL IT CAN BE FOR VICTIMS OF
9 SEXUAL ASSAULT AND PRACTITIONERS, THE COMMITTEE CREATED
10 PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION SHALL, AS SOON AS
11 PRACTICABLE, BUT NO LATER THAN DECEMBER 1, 2021:
12 (I) RESEARCH FORENSIC MEDICAL EVIDENCE COLLECTION COSTS
13 FOR LAW ENFORCEMENT AGENCIES IN RELATION TO THEIR OVERALL
14 EVIDENCE BUDGETS AND THE EFFECTS OF THIS ON THEIR ABILITY TO PAY
15 FOR MEDICAL FORENSIC EXAMS AS REQUIRED BY SECTION 18-3-407.5 (1);
16 (II) DETERMINE THE AVERAGE COSTS OF MEDICAL FORENSIC
17 EXAMS STATEWIDE AND WHETHER THE CURRENT SEXUAL ASSAULT VICTIM
18 EMERGENCY PAYMENT PROGRAM PAYMENT LIMITS PURSUANT TO SECTION
19 18-3-407.7 (2)(c) ARE SUFFICIENT TO MEET THE NEED;
20 (III) DETERMINE WHETHER VICTIMS ARE RECEIVING MEDICAL BILLS
21 THEY ARE PROHIBITED FROM RECEIVING PURSUANT TO 42 U.S.C. SEC.
22 3796gg-4 (b)(3);
23 (IV) ASSESS WHETHER LAW ENFORCEMENT AGENCIES ARE
24 SENDING FORENSIC MEDICAL EVIDENCE FOR TESTING WITHIN TWENTY-ONE
25 DAYS AS REQUIRED BY THE RULE PROMULGATED PURSUANT TO SECTION
26 24-33.5-113;
27 (V) RESEARCH WHETHER VICTIMS ARE BEING ENCOURAGED TO
28 DECLINE A MEDICAL FORENSIC EVIDENCE EXAM, INCLUDING INTIMATE
29 PARTNER VIOLENCE CASES OF ASSAULT BY STRANGULATION AS DESCRIBED
30 IN SECTION 18-3-202 (1)(g), BECAUSE LAW ENFORCEMENT CANNOT
31 AFFORD TO PAY THE COST OF EVIDENCE COLLECTION PURSUANT TO
32 SECTION 18-3-407.5 (1);".
33
34 Page 2, line 14, strike "(a)" and substitute "(VI)".
35
36 Page 2, line 16, strike "(b)" and substitute "(VII)".
37
38 Page 3, line 5 strike "(c)" and substitute "(VIII)".
39
40 Page 3, line 8, strike "(d)" and substitute "(IX)".
41
42 Page 3, line 10, strike "(e)" and substitute "(X)".
43
44 Page 3, line 11, strike "(2);" and substitute "(2) AND REDUCING
45 ADMINISTRATIVE REQUIREMENTS;".
46
47 Page 3, line 12, strike "(f)" and substitute "(XI)".
48
49 Page 3, line 15, strike "(g)" and substitute "(XII)".
50
51 Page 4, line 5, strike "OF" and substitute "IF THE VICTIM MAKES A LAW
52 ENFORCEMENT REPORT PURSUANT TO SECTION 12-240-139 (1)(b)(I)(A),
53 OF".
54
55 Page 4, line 6, strike "AND".
56
1 Page 4, after line 6 insert:
2 "(B) IF THE VICTIM MAKES A MEDICAL REPORT PURSUANT TO
3 SECTION 12-240-139 (1)(b)(I)(B) OR AN ANONYMOUS REPORT PURSUANT
4 TO SECTION 12-240-139 (1)(b)(I)(A), OF THE CONTACT INFORMATION FOR
5 THE NEAREST COMMUNITY-BASED VICTIM ADVOCATE PURSUANT TO
6 13-90-107 (1)(k)(I); AND".
7
8 Reletter succeeding sub-subparagraph accordingly.
9
10 Page 4, after line 10 insert:
5 11 "SECTION 4. In Colorado Revised Statutes, add 12-255-133.
12 as follows:
13 12-255-133.5. Licensee duties related to medical forensic
14 evidence. (1) A LICENSEE WHO PERFORMS A MEDICAL FORENSIC
15 EXAMINATION AS DESCRIBED IN SECTION 12-240-139 (1)(b)(I) SHALL
16 INFORM THE VICTIM:
17 (a) IF THE VICTIM MAKES A LAW ENFORCEMENT REPORT PURSUANT
18 TO SECTION 12-240-139 (1)(b)(I)(A), OF THE CONTACT INFORMATION FOR
19 THE NEAREST SEXUAL ASSAULT VICTIM ADVOCATE;
20 (b) IF THE VICTIM MAKES A MEDICAL REPORT PURSUANT TO
21 SECTION 12-240-139 (1)(b)(I)(B) OR AN ANONYMOUS REPORT PURSUANT
22 TO SECTION 12-240-139 (1)(b)(I)(A), OF THE CONTACT INFORMATION FOR
23 THE NEAREST COMMUNITY-BASED VICTIM ADVOCATE PURSUANT TO
24 13-90-107 (1)(k)(I); AND
25 (c) THAT ANY FORENSIC MEDICAL EVIDENCE COLLECTED MUST BE
26 MAINTAINED UNTIL AFTER THE ASSAILANT MAY NO LONGER BE
27 PROSECUTED FOR THE CRIME AND THAT THE VICTIM MUST BE NOTIFIED
28 PRIOR TO THE DESTRUCTION OF SUCH EVIDENCE.".
29
30 Renumber succeeding sections accordingly.
31
32 Page 4, strike line 16 and substitute:
33 "(b.8) FOR A VICTIM WHO HAS HAD FORENSIC MEDICAL EVIDENCE
34 COLLECTED PURSUANT TO SECTION 12-240-139 (1)(b) THAT HAS NOT".
35
36 Page 4, after line 17 insert:
37 "(I) THE RIGHT TO BE NOTIFIED THAT THE FORENSIC MEDICAL
38 EVIDENCE HAS BEEN SUBMITTED TO AN ACCREDITED CRIME LAB FOR
39 TESTING AS REQUIRED BY TO THE RULES PROMULGATED PURSUANT TO
40 SECTION 24-33.5-113;
41 (II) THE RIGHT TO BE NOTIFIED WHEN THE LAW ENFORCEMENT
42 AGENCY HAS RECEIVED THE RESULTS OF THE MEDICAL FORENSIC EVIDENCE
43 DNA ANALYSIS FROM THE ACCREDITED CRIME LABORATORY;".
44
45 Page 4, line 18, strike "(I)" and substitute "(III)".
46
47 Page 4, line 21, strike "(II)" and substitute "(IV)".
48
49 Page 5, line 3, strike "GUILTY," and substitute "GUILTY OR WHEN A LAW
50 ENFORCEMENT REPORT OR A MEDICAL REPORT IS FILED PURSUANT TO
51 SECTION 12-240-139 (1)(b)(I),".
52
53 Page 5, strike lines 15 through 27 and substitute:
54 "SECTION 7. In Colorado Revised Statutes, 18-3-407.5, amend
55 (3)(c) as follows:
56 18-3-407.5. Victim evidence - forensic evidence - electronic lie
1 detector exam without victim's consent prohibited. (3) (c) When
2 personnel at a medical facility perform a medical forensic examination
3 that includes the collection of evidence based on the request of a victim
4 of a sexual offense and the medical facility performing the examination
5 knows where the crime occurred, the facility shall contact the law
6 enforcement agency in whose jurisdiction the crime occurred regarding
7 preservation of the evidence. If the medical facility does not know where
8 the crime occurred, the facility shall contact its local law enforcement
9 agency regarding preservation of the evidence. Notwithstanding any other
10 statutory requirements regarding storage of biological evidence, the law
11 enforcement agency contacted by the medical facility shall retrieve the
12 evidence from the facility and store it for at least two years MAINTAIN IT
13 PURSUANT TO SECTION 18-1-1103, UNLESS A VICTIM OBJECTS TO ITS
14 DESTRUCTION PURSUANT TO SECTION 24-4.1-303 IN WHICH CASE IT MUST
15 BE MAINTAINED FOR AN ADDITIONAL TEN YEARS.".
16
17 Page 6, strike lines 1 through 4.
18
19

House Journal, March 6
23 HB20-1228 be amended as follows, and as so amended, be referred to
24 the Committee of the Whole with favorable
25 recommendation:
26
27 Amend Judiciary Committee Report, dated February 13, 2020, page 3,
28 strike lines 28 through 30 and substitute:
29
30 "Page 2, strike lines 14 through 19 and substitute:
31 "(VI) RESEARCH EXISTING TRACKING SYSTEMS WITH SECURE
32 ELECTRONIC ACCESS THAT:
33 (A) ALLOW A VICTIM, OR THE VICTIM'S DESIGNEE, TO ACCESS OR
34 RECEIVE INFORMATION ABOUT THE LOCATION, LAB SUBMISSION STATUS,
35 COMPLETION OF FORENSIC TESTING, AND STORAGE OF FORENSIC MEDICAL
36 EVIDENCE THAT WAS GATHERED FROM THE VICTIM, PROVIDED THAT THE
37 DISCLOSURE DOES NOT IMPEDE OR COMPROMISE AN ONGOING
38 INVESTIGATION AND REVEAL THE VICTIM'S CURRENT LOCATION; AND
39 (B) SAFEGUARD CONFIDENTIALITY AND LIMITED DISCLOSURE OF
40 THE INFORMATION CONTAINED IN THE TRACKING SYSTEM;
41 (VII) DEVELOP GUIDELINES AND A PLAN TO IMPLEMENT A
42 TRACKING SYSTEM;".".
43
44 Page 3 of the printed bill, strike lines 1 through 7.
45
46 Page 3 of the committee report, line 31, strike "(IX)" and substitute
47 "(VIII)".
48
49 Page 3 of the committee report, line 32, strike "(X)" and substitute "(IX)".
50
51 Page 4 of the committee report, line 1, strike "(XI)" and substitute "(X)".
52
53 Page 4 of the committee report, line 2, strike "(XII)" and substitute
54 "(XI)".
55
56 Page 6 of the Committee Report, after line 1 insert:
1 "Amend printed bill, page 6, before line 5 insert:
2
3 "SECTION 6. Appropriation. For the 2020-21 state fiscal year,
4 $44,200 is appropriated to the department of public safety for use by the
5 division of criminal justice. This appropriation is from the general fund.
6 To implement this act, the division may use this appropriation for DCJ
7 administrative services.".
8
9 Renumber succeeding section accordingly.
10
11 Page 1, line 101, strike "ASSAULT." and substitute "ASSAULT, AND, IN
12 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
13
14