Struck = removed from the bill ยท
added = the amendment's new text.
FirstSB304_H_APP.005 RegularHOUSE SessionCOMMITTEE Seventy-fifthOF GeneralREFERENCE AssemblyREPORT STATE_______________________________ OFMay COLORADO5, ENGROSSED2025 ThisChair Versionof IncludesCommittee AllDate AmendmentsCommittee Adopted on SecondAppropriations Reading. in the House of Introduction LLS NO.
25-0780.02After Jacobconsideration Bauson x2173the SENATEmerits, BILLthe 25-304Committee SENATErecommends SPONSORSHIPthe Weissman,following: HOUSE SPONSORSHIP Willford and Froelich, Senate Committees House Committees Judiciary Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO ADDRESS THE SEXUAL ASSAULT KIT TESTINGBACKLOG ,AND ,INCONNECTIONTHEREWITH ,MAKING AN APPROPRIATION .
BillSB25-304 Summarybe (Note:amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
ThisAmend summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed versionbill, ofpage this10, billstrike willline be27. available at http://leg.colorado.gov.) The bill creates a grant program to fund an independent sexual assault kit coordinator (coordinator) position.
ThePage coordinator11, isstrike taskedlines with1 providingthrough annual5 reportsand tosubstitute: the general assemblyregarding specific g criteria relating tothestate's capacityto complete sexual assault kit tests.
d"SECTION e6. 5 The Colorado bureau of investigation administers the grant program.
T R 0 A n , Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
E d y Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
e A The bill creates a notification requirement under the "Victim Rights Act" that requires a law enforcement agency to notify a victim at least once every 90 days if the law enforcement agency has not received the results of the forensic medical evidence DNA analysis from an accredited crime laboratory.
The bill requires an accredited crime laboratory to endeavor to analyze forensic medical evidence within 60 days after its receipt.
The bill expands existing reporting requirements concerning forensic medical evidence in sexualassaultcasessothateachmemberof the general assembly receives a report twice each year and the report includes information concerning the average amount of time between receipt and completed analysisof sexualassaultevidencecollectionkits.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, add part 14 to article 31 of title 24 as follows:
PART 14 COLORADO SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE REVIEW BOARD 24-31-1401.
Coloradosexualassaultforensicmedicalevidence review board - creation - membership - duties - report - definitions -repeal.(1) ASUSEDINTHISSECTION UNLESSTHECONTEXTOTHERWISE REQUIRES :
(a) "DEPARTMENT "MEANS THE DEPARTMENT OF LAW .
(b) "R EVIEW BOARD "MEANS THE COLORADO SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE REVIEW BOARD , ESTABLISHED IN SUBSECTION (2)OF THIS SECTIO.
(2) THE COLORADO SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCEREVIEWBOARDISESTABLISHEDINTHEDEPARTMENTTOCARRY OUT THE DUTIES DESCRIBED IN SUBSECTION (6)OF THIS SECTION AND SUBMIT THE REPORT DESCRIBED IN SUBSECTION(7)OF THIS SECTIO.
-2- 304 (3) THE BOARD CONSISTS O:
(a) THE ATTORNEY GENERAL ,OR THEIR DESIGNEE,WHO IS THE CHAIR OF THE REVIEW BOARD;
(b) THE EXECUTIVE DIRECTOR OF THE C OLORADO DISTRICT ATTORNEYS 'COUNCIL OR THEIR DESIGNE;
(c) THE FOLLOWING MEMBERS ,APPOINTED BY THE ATTORNEY GENERAL :
(I) REPRESENTATIVEOFASTATEWIDENONPROFITORGANIZATION THAT OFFERS TRAINING AND EXPERT ADVICE TO SEXUAL ASSAULT PROGRAMS ;
(II) A REPRESENTATIVE OF A STATEWIDE NONPROFIT ORGANIZATIONTHATPROVIDESLEGALASSISTANCETOVICTIMSOFSEXUAL ASSAULT ;
(III) AREPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT PROVIDESTRAININGANDTECHNICALASSISTANCEFORMEDICALFORENSIC EXAMS ;
(IV) AREPRESENTATIVEOFASTATEWIDEASSOCIATIONOFCHIEFS OF POLICE;
(V) A REPRESENTATIVE OF A STATEWIDE ASSOCIATION OF SHERIFFS;
(VI) THREE REPRESENTATIVES FROM ORGANIZATIONS THAT PROVIDE SERVICES OR ADVOCATE FOR COMMUNITIES THAT EXPERIENCE DISPROPORTIONATE RATES OF SEXUAL ASSAULT;AND (VII) UP TO THREE MEMBERS ,AT THE DISCRETION OF THE ATTORNEY GENERAL , WHOSE CONTRIBUTIONS THE ATTORNEY GENERAL DETERMINES WOULD BE VALUABLE TO THE WORKOFTHE REVIEWBOARD ;
AND -3- 304 (d) THE FOLLOWING MEMBERS ,APPOINTED BY THE GOVERNOR:
(I) AREPRESENTATIVE OF THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY WHO HAS OVERSIGHT OF THE STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM CREATED IN SECTION24-33.5-113.5AND (II) AREPRESENTATIVE OF THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY WHO HAS OVERSIGHT OF FEDERAL AND STATE VICTIM SERVICE FUNDING AND VICTIM RIGHTS COMPLIAN.E (4) (a) TE ATTORNEY GENERAL AND GOVERNOR SHALL APPOINT THE MEMBERS TO THE REVIEW BOARD ON OR BEFOREA UGUST 1, 2025.
(b) T HE ATTORNEY GENERAL IS STRONGLY ENCOURAGED TO APPOINTREVIEWBOARDMEMBERSWHOREPRESENTASFULLYASPOSSIBLE C OLORADO S DIVERSITY WITH REGARD TO RAC,ETHNICITY,DISABILITY STATUS SEXUAL ORIENTATION ,AND GEOGRAPHY .
(c) EXCEPT FOR THE ATTORNEY GENERAL AND DIRECTOR OF THE C OLORADODISTRICTATTORNEYS COUNCIL,ORTHEIRDESIGNEES ,REVIEW BOARD MEMBERS SERVE FOUR -YEAR TERMS AND ARE ELIGIBLE FOR REAPPOINTMENT NO MORE THAN TWO TIMES AT THE EXPIRATION OF A FOUR YEAR TERM .
(d) RVIEWBOARDMEMBERSSERVEWITHOUTCOMPENSATIONBUT MAYRECEIVEPERDIEMANDREIMBURSEMENTFORCOSTS ,SUBJECTTOTHE AVAILABILITY OF FUND.
(e) TEAPPOINTINGAUTHORITYSHALLAPPOINTAMEMBERTOFILL A VACANCY ,AS NECESSARY.
(5) THE REVIEW BOARD SHALL CONVENE ON OR BEFOREA UGUST 1,2025,AND SHALL MEET THEREAFTER AS DETERMINED NECESSARY BY THE REVIEW BOARD .
-4- 304 (6) THE REVIEW BOARD SHALL:
(a) REVIEW AND MONITOR THE EFFECTIVENESS OF THE CURRENT PROTOCOLS ,STANDARDS ,AND TRAINING PRACTICES FOR THE MEDICAL, LAWENFORCEMENT ,ANDCRIMINAL -LEGALSYSTEMRESPONSETOSEXUAL ASSAULT ;
(b) DEVELOP RECOMMENDATIONS TO IMPROVE SPECIFIC PROTOCOLS ,STANDARDS ,AND TRAINING PRACTICES FOR THE MEDICAL, LAWENFORCEMENT ,ANDCRIMINAL -LEGALSYSTEMRESPONSETOSEXUAL ASSAULT ;
(c) ENSURE VICTIMCENTERED IMPLEMENTATION OF PROVISIONS REGARDINGMEDICALFORENSICEXAMSFORVICTIMSOFSEXUALASSAULT INTHEFEDERAL "VIOLENCEA GAINSTW OMEN A CTOF 1994",TITLEIVOF PUB .
L.
103-32INCLUDING PROVISIONS IN REAUTHORIZATIONS OF THE FEDERAL ACT ,AND STATE LAW PROVISIONS FOR FORENSIC MEDICAL EXAMS ;
(d) PROVIDE ONGOING REVIEW OF DATA AND INFORMATION REGARDING THE NEEDS ,PRIORITIE,AND SERVICES FOR RESPONDING TO SEXUAL ASSAULT THROUGHOUT THE STATE ;
(e) MONITOR THE EFFECTIVENESS OF LAWS CONCERNING SEXUAL ASSAULT ANDMAKE RECOMMENDATIONSTO THE GENERALASSEMBLYTO IMPROVE THEIR EFFECTIVENES;AND (f) M AKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING THE RESPONSE TO SEXUAL ASSAULT ,INCLUDING MEDICAL FORENSIC EVIDENCE , LAW ENFORCEMENT REPORTING ,AND VICTIM EXPERIENCE.
(7)(a)(I) OORBEFORE DECEMBER 15,2025,THEREVIEWBOARD SHALL SUBMIT A PRELIMINARY REPORT TO THE GENERAL ASSEMBL.THE -5- 304 PRELIMINARY REPORT MUST INCLUDE THE REVIEW BOARD 'S RECOMMENDATIONS DESCRIBED IN SUBSECTION (6OF THIS SECTIO.
(II) THIS SUBSECTION(7)(a)IS REPEALED,EFFECTIVEJUNE 30, 2027.
(b) (I) O OR BEFORE N OVEMBER 1, 2026AND ON OR BEFORE EACH N OVEMBER 1THEREAFTER ,THE REVIEW BOARD SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY .
HE REPORT MUST INCLUDE THE REVIEW BOARD 'S RECOMMENDATIONS DESCRIBED IN SUBSECTION (6)OF THIS SECTION.
(II) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I),THE REQUIREMENT TO SUBMIT THE REPORT DESCRIBED IN THIS SUBSECTION (7)(b)CONTINUES INDEFINITEL.
SECTION 2.
In Colorado Revised Statutes, 24-4.1-302.5, add (1)(b.8)(II.5) as follows:
24-4.1-302.5.
Rights afforded to victims - definitions.
(1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:
(b.8) For a victim who has had forensic medical evidence collected pursuant to section 12-240-139 (1)(b) that has not resulted in a conviction or plea of guilty, the right to be notified by the law enforcement agency with jurisdiction for the case upon request, status and location of the victim's forensic medical evidence including:
(II.5) N OTWITHSTANDING SUBSECTION (1)(b.8)(IIOF THIS SECTION,THE RIGHT TO BE NOTIFIED EVERY NINETY DAYS BY THE LAW ENFORCEMENT AGENCYWHENTHE LAWENFORCEMENT AGENCYHASNOT YET RECEIVED THE RESULTS OF THE MEDICAL FORENSIC EVIDENCDNA ANALYSIS FROM THE ACCREDITED CRIME LABORATORY .
A LAW -6- 304 ENFORCEMENTAGENCYCOMPLIESWITHTHISSUBSECTION (1)(b.8)(IIBY) NOTIFYING ALL VICTIMS REQUIRED TO BE NOTIFIED AT THE SAME TIME DURING THE FIRST WEEK OF EACH OFM ARCH , UNE, SEPTEMBER, AND D ECEMBER .
SECTION3.
InColoradoRevisedStatutes,24-33.5-113,add(6) as follows:
24-33.5-113.
Forensicmedicalevidenceinsexualassaultcases - rules - testing - confidentiality - definition.
(6) (a) U OFFORENSICMEDICALEVIDENCETOANACCREDITEDCRIMELABORATORY , THE ACCREDITED CRIME LABORATORY MUST ENDEAVOR ,SUBJECT TO AVAILABLE CAPACITY ,FUNDING ,AND PERSONNEL ,TO ANALYZE AND , WHEN APPROPRIATE ,UPLOAD THE INFORMATION INTO THE COMBINED DNA INDEXSYSTEMWITHINSIXTYDAYSAFTERRECEIPTOFTHEFORENSIC MEDICAL EVIDENCE.
(b) AS USED IN THIS SUBSECTION (6), ACCREDITED CRIME LABORATORY "MEANS A LAW ENFORCEMENT CRIME LABORATORY THAT HAS RECEIVED FORENSIC ACCREDITATION THROUGH ISO/IEC 17025 REQUIREMENTS .
SECTION 4.
In Colorado Revised Statutes, 24-33.5-113.5, amend (4)(a) introductory portion as follows:
24-33.5-113.5.
Forensic medical evidence in sexual assault cases - tracking system.
(4) (a) On or after January30, 2026, and on or before January 30ND ULY 31 of each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the house of representatives and senate, or any successor committeesEVERY MEMBER OF THE GENERAL ASSEMBLY , including the following information from the preceding calendar yearOFJULY -7- 304 1 THROUGH DECEMBER 31 OR ANUARY 1 THROUGH JUNE 30, AS APPLICABLE:
4 SECTION5.
InColoradoRevisedStatutes,section24-33.5-432, amend as added by Senate Bill 25-170 (4)(c) and (4)(d) as follows:
24-33.5-432.Appropriation-DNAretesting-sexualassaultkit backlog - reporting requirements - definition.
(4) The department of public safety shall:
(c) (I) Design and implement, within ninety days after the effectivedateofthissection,apublic-facingdashboardonthedepartment of public safety's website that provides reports on the forensic medical evidence and sexual assaulDNAitEVIDENCE backlogs, including the:
total caseload numbers subject to the backlog, total fiscal year caseload numberssubjecttothebacklog,thenumberofforensicmedicalevidence testsandsexualassaultkittestscompletedinthepreviousthirtydays,the number of new cases received within the previous thirty days, and the current average turnaroundtimestoconductaforensic medical evidence testorasexualassaultkittest.Thedepartmentshallupdatethedashboard at least every thirty days.
(A) TOTAL CASELOAD NUMBERS SUBJECT TO THE BACKLOG ;
(B) T OTAL FISCAL YEAR CASELOAD NUMBERS SUBJECT TO THE BACKLOG ;
(C) T OTAL NUMBER OF CASES WITH PENDING DNA EVIDENCE TESTS;
(D) TOTAL NUMBER OF SEXUAL ASSAULT CASES;
(E) TOTAL NUMBER OF CASES WITH A PENDING DNA EVIDENCE SAMPLE COLLECTED WITH ATTACHED OR INDEPENDENTLY SUBMITTED -8- 304 FORENSIC MEDICAL EVIDENCE;
(F) TOTALOFNUMBEROFCASESWITHAPENDING DNA EVIDENCE SAMPLE COLLECTED FROM A CRIME SCENE INVOLVING SEXUAL ASSAULT FOR WHICH NO FORENSIC MEDICAL EVIDENCE HAS BEEN SUBMITTE;
(G) CURRENTAVERAGETURNAROUNDTIMEFORA DNA EVIDENCE TEST;
(H) C URRENT AVERAGE TURNAROUND TIME FOR A FORENSIC MEDICAL EVIDENCE TEST;
(I) TOTAL NUMBER OF TESTS THAT THE COLORADO BUREAU OF INVESTIGATION HAS COMPLETED IN THE PREVIOUS THIRTY DA;S (J) TOTAL NUMBER OF TESTS THAT LABORATORIES WITH WHICH THE C OLORADO BUREAU OF INVESTIGATION HAS CONTRACTED HAVE COMPLETED IN THE PREVIOUS THIRTY DAY;
(K) TOTAL NUMBER OF NEW DNA TESTS AND FORENSIC MEDICAL EVIDENCE TESTS RECEIVED WITHIN THE PREVIOUS THIRTY DA;S (L) A NTICIPATED TIMELINE FOR THE COLORADO BUREAU OF INVESTIGATIONTOACHIEVEANAVERAGENINETY -DAYTURNAROUNDTIME FOR FORENSIC MEDICAL EVIDENCE TEST;
(M) I NFORMATION CONCERNING THE COLORADO BUREAU OF INVESTIGATIONS LAB ANALYST STAFFING LEVEL;AND (N) THE INFORMATION REQUIRED PURSUANT TO SECTION 24-33.5-113.54).
(II) TE DEPARTMENT SHALL UPDATE THE DASHBOARD AT LEAST EVERY THIRTY DAYS.
(d) Provide email updates everythirtydays beginning March 10, 2025, through June 30, 2026, to the general assembly regarding the forensicmedicalevidenceandsexualassaultkitbacklogs,whichinclude:
-9- 304 (I) The total number of cases with pending forensic medical evidence tests;E INFORMATION REQUIRED PURSUANT TO SUBSECTION (4)(c)F THIS SECTIO;AND (II) The total number of cases with pending sexual assault kit tests;NFORMATION OR UPDATES ON DIFFICULTIES CONTRACTING WITH EXTERNAL LABS THAT MAY AFFECT THE BUREAUS ANTICIPATED TESTING CAPACITY , VOLUME , TURNAROUND EXPECTATIONS , OR OTHER INFORMATIONEXPLAININGWHYTHERESULTSVARYFROMTHEPROJECTED CASELOAD TIMELINE REFLECTED IN THE FEBRUARY 10, 2025BUREAU WHITEPAPER DOCUMENT PROVIDED TO THE GENERAL ASSEMBLY .
(III) The current average turnaround time for a forensic medical test;
(IV) The current average turnaround time for a sexual assault kit test;
(V) The number of tests the bureau's internal lab has completed in the previous thirty days;
(VI) Thenumberoftestsexternalcontractedlabshavecompleted in the previous thirty days;
(VII) The anticipated timeline for the bureau to achieve an average ninety-day turnaround time for sexual assault kit tests;
(VIII) Updates on the bureau's lab analyst staffing levels;
and (IX) Information or updates on difficulties contracting with external labs that may affect the bureau's anticipated testing capacity, volume,turnaroundexpectations,orotherinformationexplainingwhythe resultsvaryfromtheprojectedcaseloadtimelinereflectedintheFebruary 10,2025,bureauwhitepaperdocumentprovidedtothegeneralassembly.
SECTION 6.
(1) For the 2025-26 state fiscal year, -10-$112,365 304 $39,938 is appropriated to the department of law for use by the administration division.
This appropriation is from the general fundfund. and is based on an assumption that the division will require an additional 0.5 FTE.
To implement this act, the division may use this appropriation foras personalfollows: services.
SECTION(a) 7.$103,115 for personal services, which amount is based on an assumption that the division will require an additional 1.0 FTE;
Safetyand clause.(b) $9,250 for operating expenses.".
The** general*** assembly** finds,*** determines,** and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsfor the support and maintenance of the departments of the state and state institutions.
-11- 304