FirstHB1322_S_SA.001 RegularNOT SessionAMENDED Seventy-firstSENATE GeneralCOMMITTEE AssemblyOF STATEREFERENCE OFREPORT COLORADO_______________________________ REENGROSSEDMay This3, Version2017 IncludesChairman Allof AmendmentsCommittee AdoptedDate inCommittee on State, Veterans, & Military Affairs After consideration on the Housemerits, ofthe IntroductionCommittee LLSrecommends NO.the following:

17-0611.01HB17-1322 Richardbe Sweetmanreferred x4333to HOUSEthe BILLCommittee 17-1322of HOUSEthe SPONSORSHIPWhole Esgarwith andfavorable Landgraf,recommendation SENATE SPONSORSHIP Donovan and Lundberg,with Housea Committeesrecommendation Senatethat Committeesit Judiciarybe Aplaced BILLon FORthe ANconsent ACTcalendar. C ONCERNING AN EXCEPTION TO THE REQUIREMENT THAT CERTAIN MEDICAL PROFESSIONALS REPORT TO LAW ENFORCEMENT CONCERNINGINJURIESRESULTINGFROMDOMESTICVIOLENCE .

Bill** Summary*** e** (Note:*** ** *HB1322_S_SA.001*

This summary applies to this bill as introduced and does n notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 7 E n 0 passes third reading in the house of introduction, a bill summary that U U , applies to the reengrossed version of this bill will be available at O i y H a a http://leg.colorado.gov.) R M r Current law requires any licensed physician, physician assistant, 3 oranesthesiologistassistant(licensee)whoattendsortreatsanyofcertain injuries,includinginjuriesresultingfromdomesticviolence,toreportthe i injury at once to the police of the city, town, or city and county or the a 1 sheriff of the county in which the licensee is located.

E e 2 U d 8 O 2 i Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

H d p Capital letters indicate new material to be added to existing statute.

d A Dashes through the words indicate deletions from existing statute.

e A The bill states that a licensee shall not report an injury that the licensee has reason to believe involves an act of domestic violence if:

! The victim of the injury is at least 18 years of age and indicates his or her preference that the injury not be reported;

! The injury is not an injury that the licensee is otherwise required to report;

! The licensee has no reason to believe that the injury involves a criminal act other than domestic violence;

and ! The licensee has referred the victimto a victim's advocate.

The licensee shall document the victim's request in the victim's medical record.

Under current law, anylicensee who, in good faith, makes such a report of an injury is immune from any liability, civil or criminal, that mightotherwisebeincurredorimposedwithrespecttothemakingof the report.

The bill states that a licensee who does not make a report under the new conditions described in the bill is also immune to such liability.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

In Colorado Revised Statutes, 12-36-135, amend (1)(a)(I)(C) and (2);

and add (1)(a)(III), (1)(a)(IV), (1)(a)(V), and (1)(a)(VI) as follows:

12-36-135.

Injuries to be reported - penalty for failure to report-immunity fromliability.(1)(a)(I) Everylicenseewhoattends ortreatsanyof the following injuries shallreporttheinjuryatoncetothe police of the city, town, or city and county or the sheriff of the county in which the licensee is located:

(C) Any other injury that the licensee has reason to believe involves a criminal act;

including injuries resulting from domestic violenceEXCEPTTHATALICENSEEISNOTREQUIREDTOREPORTANINJURY THAT HE OR SHE HAS REASON TO BELIEVE RESULTED FROM DOMESTIC VIOLENCE UNLESS HE OR SHE IS REQUIRED TO REPORT THE INJURY PURSUANT TO SUBSECTION (1)(a)(I)(AOR (1)(a)(I)(B)OF THIS SECTION OR THE INJURY IS A SERIOUS BODILY INJURY , AS DEFINED IN SECTION -2- 1322 18-1-901 (3)(p).

(III) XCEPT AS DESCRIBED IN SUBSECTION (1)(a)(I)(OF THIS SECTION,A LICENSEE MAY ,BUT IS NOT REQUIRED TO,REPORT AN INJURY THAT HE OR SHE HAS REASON TO BELIEVE OCCURRED AS A RESULT OF DOMESTIC VIOLENCE IF:

(A) THE VICTIM OF THE INJURY IS AT LEAST EIGHTEEN YEARS OF AGE AND INDICATES HIS OR HER PREFERENCE THAT THE INJURY NOT BE REPORTED ;AND (B) THEINJURYISNOTANINJURYTHATTHELICENSEEISREQUIRED TOREPORTPURSUANTTOSUBSECTION (1)(a)(I)(OR (1)(a)(I)(BOFTHIS SECTION.

(IV) F A LICENSEE DOES NOT REPORT AN INJURY PURSUANT TO A VICTIMS REQUEST , AS DESCRIBED IN SUBSECTION (1)(a)(IIIOF THIS SECTION,THE LICENSEE SHALL DOCUMENT THE VICTIM 'S REQUEST IN THE VICTIMS MEDICAL RECORD .

(V) BEFORE A LICENSEE REPORTS AN INJURY THAT HE ORSHE HAS REASONTOBELIEVERESULTEDFROMDOMESTICVIOLENCE ,ASDESCRIBED IN SUBSECTION(1)(a)(IIOF THIS SECTION,THE LICENSEE SHALLMAKE A GOOD FAITH EFFORT ,CONFIDENTIALLY ,TO ADVISE THE VICTIM OF THE LICENSEES INTENT TO DO SO.

(VI) IF A LICENSEE HAS REASON TO BELIEVE THAT AN INJURY RESULTED FROM DOMESTIC VIOLENCE ,THEN ,REGARDLESS OF WHETHER THELICENSEEREPORTSTHEINJURYTOLAWENFORCEMENT ,THELICENSEE SHALLEITHERREFERTHEVICTIMTOAVICTIM SADVOCATE ,ASDEFINEDIN SECTION13-90-107(1)(k)(IIORPROVIDETHEVICTIMWITHINFORMATION CONCERNING SERVICES AVAILABLE TO VICTIMS OF ABUSE .

(2)(a) Any licensee who, in good faith, makes a report pursuant -3- 1322 to subsection (1) of this section shall have iOR DOES NOT MAKE A REPORT AS DESCRIBED IN SUBSECTION (1)(a)(IIOF THIS SECTION IS IMMUNE from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report, and shall haveHAS the same immunitywith respect to participation in anyjudicial proceeding resulting from such report.

(b) A LICENSEE WHO ,IN GOOD FAITH ,REFERS A VICTIM TO A VICTIMS ADVOCATE OR PROVIDES A VICTIM WITH INFORMATION CONCERNING SERVICES AVAILABLE TO VICTIMS OF ABUSE ,AS DESCRIBED IN SUBSECTION (1)(a)(VIOF THIS SECTION,IS NOT CIVILLY LIABLE FOR ANY ACT OR OMISSION OF THE VICTIM'S ADVOCATE OR OF ANY AGENCY THAT PROVIDES SUCH SERVICES TO THE VICTIM.

SECTION 2.

Act subject to petition - effective date.

This act takes effect at 12:01 a.m.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 9, 2017, if adjournment sine die is on May 10, 2017);

except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

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