Amendments for SB13-111

Senate Journal, February 22
After consideration on the merits, the Committee recommends that SB13-111 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, line 8, strike "laws;" and substitute "laws and
provide for criminal penalties for mandatory reporters who fail to report,
provided however there shall not be civil liability for damages
proximately caused by a failure to report such as those allowed under
section 19-3-304 (4), Colorado Revised Statutes;".

Page 6, line 22, after "MEMBERS;" insert "EXCEPT THAT THE REPORTING
REQUIREMENT DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
SHALL NOT APPLY TO A PERSON WHO ACQUIRES REASONABLE CAUSE TO
BELIEVE THAT AN AT-RISK ELDER HAS BEEN MISTREATED OR HAS BEEN
EXPLOITED OR IS AT IMMINENT RISK OF MISTREATMENT OR EXPLOITATION
DURING A COMMUNICATION ABOUT WHICH THE PERSON MAY NOT BE
EXAMINED AS A WITNESS PURSUANT TO SECTION 13-90-107 (1) (c),
C.R.S., UNLESS THE PERSON ALSO ACQUIRES SUCH REASONABLE CAUSE
FROM A SOURCE OTHER THAN SUCH A COMMUNICATION;".

Page 7, line 4, strike "OR EMPLOYEE OF OR" and substitute "EMPLOYEE,".

Page 7, line 5, strike "VOLUNTEER".

Page 7, line 8, after "WHO" insert "WILLFULLY".

Page 7, after line 10 insert:
"(d) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF
THIS SUBSECTION (1), A PERSON DESCRIBED IN PARAGRAPH (b) OF THIS
SUBSECTION (1) IS NOT REQUIRED TO REPORT THE ABUSE OR
EXPLOITATION OF AN AT-RISK ELDER IF THE PERSON KNOWS THAT
ANOTHER PERSON HAS ALREADY REPORTED TO A LAW ENFORCEMENT
AGENCY THE SAME ABUSE OR EXPLOITATION THAT WOULD HAVE BEEN
THE BASIS OF THE PERSON'S OWN REPORT.".

Page 7, line 12, strike "MISTREATMENT" and substitute "EXPLOITATION".

Page 7, line 22, strike "CRIMINAL ALLEGATIONS, INCLUDING THE".

Page 8, line 17, strike "A RELATED CIVIL ACTION FOR DAMAGES" and
substitute "SUIT AND LIABILITY FOR DAMAGES IN ANY CIVIL ACTION".

Page 9, strike lines 2 and 3 and substitute "SECTION SHALL NOT BE
INTERPRETED AS CREATING A CIVIL DUTY OF CARE OR ESTABLISHING A
CIVIL STANDARD OF CARE".

Page 9, line 12, after "THE" insert "NONACCIDENTAL".

Page 12, strike lines 26 and 27 and substitute "OF MIND, NEEDINESS, PAIN,
OR AGONY.".

Page 13, strike lines 1 and 2.

Page 18, line 7, strike "H.B. 13-___," and substitute "S.B. 13-111,".


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