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HOUSE BILL 26-1103
BY REPRESENTATIVE(S) Garcia and Goldstein, Bacon, Boesenecker,
Camacho, Clifford, Duran, English, Espenoza, Froelich, Gilchrist,
Gonzalez R., Hamrick, Jackson, Lindsay, Lukens, Mabrey, Marshall,
Nguyen, Rutinel, Sirota, Stewart K., Story, Titone, McCluskie, Brown,
Carter, Joseph, Lieder, Phillips, Zokaie;
also SENATOR(S) Cutter, Amabile, Benavidez, Exum, Gonzales J.,
Hinrichsen, Jodeh, Kipp, Wallace, Weissman, Coleman.
CONCERNING AMENDING SPECIFIC LEGAL PROCESSES FOR CERTAIN
VULNERABLE POPULATIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) This act seeks to provide further pathways for justice and healing
for child victims and does not usurp or otherwise interfere with the current
mandatory reporting structure; and
(b) This act does not impose a required timeline for an investigation,
or for a forensic interview to be completed, but instead ensures that a child
victim receives professional care as early as is feasible after an allegation
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
of sexual abuse.
SECTION 2. In Colorado Revised Statutes, add 24-31-908 as
follows:
24-31-908. Required notification of child sexual abuse -
definition.
(1) WHEN A LOCAL LAW ENFORCEMENT AGENCY , THE COLORADO
STATE PATROL, OR THE COLORADO BUREAU OF INVESTIGATION, OR A PEACE
OFFICER THEREOF , TAKES A REPORT ALLEGING AN OFFENSE LISTED IN
SECTION 18-3-411 (1) AND CONDUCTS A MINIMAL FACTS INTERVIEW WITH
THE ALLEGED VICTIM, THE LAW ENFORCEMENT ENTITY OR PEACE OFFICER
SHALL, WITHIN ONE WEEK AFTER CONDUCTING THE MINIMAL FACTS
INTERVIEW, NOTIFY THE FOLLOWING OF THE ALLEGATION:
(a) A CHILD ADVOCACY CENTER LOCATED WITHIN THE JUDICIAL
DISTRICT WHERE THE ALLEGED CRIME OCCURRED; OR
(b) IF THE ALLEGED OFFENSE OCCURRED IN A JURISDICTION OTHER
THAN THE JURISDICTION IN WHICH IT WAS REPORTED, THE CHILD ADVOCACY
CENTER IN THE APPROPRIATE JURISDICTION , AS DETERMINED BY THE
RECEIVING LAW ENFORCEMENT ENTITY OR PEACE OFFICER. IN ALL CASES, A
LAW ENFORCEMENT ENTITY OR PEACE OFFICER SHALL NOTIFY A CHILD
ADVOCACY CENTER WITHIN THE STATE.
(2) A LAW ENFORCEMENT ENTITY OR PEACE OFFICER SHALL INCLUDE
THE FOLLOWING INFORMATION WHEN NOTIFYING A CHILD ADVOCACY
CENTER REGARDING AN ALLEGATION PURSUANT TO THIS SECTION:
(a) THE CHILD'S NAME;
(b) T HE CHILD 'S FAMILY MEMBER OR GUARDIAN 'S CONTACT
INFORMATION;
(c) THE ALLEGED OFFENDER'S NAME;
(d) THE APPROXIMATE DATE OF THE ALLEGED OFFENSE; AND
(e) A SUMMARY OF THE ALLEGED INCIDENT.
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(3) IF EXTENUATING CIRCUMSTANCES EXIST THAT PROHIBIT THE LAW
ENFORCEMENT ENTITY OR PEACE OFFICER FROM NOTIFYING THE CHILD
ADVOCACY CENTER OF THE ALLEGATION WITHIN ONE WEEK, THE LAW
ENFORCEMENT ENTITY OR PEACE OFFICER MUST PROVIDE INFORMATION
ABOUT THE EXTENUATING CIRCUMSTANCES TO THE CHILD ADVOCACY
CENTER WHEN THE ENTITY OR OFFICER REPORTS THE ALLEGATION.
(4) A LOCAL LAW ENFORCEMENT AGENCY , THE COLORADO STATE
PATROL, OR THE COLORADO BUREAU OF INVESTIGATION , OR A PEACE
OFFICER THEREOF, SHALL, IN COLLABORATION WITH THE CHILD ADVOCACY
CENTER THAT THE LAW ENFORCEMENT ENTITY OR PEACE OFFICER REPORTED
THE ALLEGED OFFENSE TO, COORDINATE A FORENSIC INTERVIEW PURSUANT
TO THE REQUIREMENTS SET FORTH IN SECTION 19-3-308.5 FOR THE ALLEGED
VICTIM, IF THE LAW ENFORCEMENT ENTITY OR PEACE OFFICER DEEMS A
FORENSIC INTERVIEW NECESSARY AND APPROPRIATE.
(5) A S USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE
REQUIRES, "MINIMAL FACTS INTERVIEW " MEANS A SHORT , LIMITED
CONVERSATION WITH A CHILD CONDUCTED BY A LAW ENFORCEMENT OFFICER
IN THE FIELD TO GATHER BASIC FACTS NECESSARY TO DETERMINE WHETHER
ABUSE OR NEGLECT MAY HAVE OCCURRED, ASSESS IMMEDIATE SAFETY
CONCERNS, AND DECIDE WHETHER A FORENSIC INTERVIEW OR FURTHER
INVESTIGATION IS NEEDED.
SECTION 3. In Colorado Revised Statutes, 16-10-402, amend
(1)(a) introductory portion and (1)(a)(II); and add (6) as follows:
16-10-402. Use of closed-circuit television - child or witness with
intellectual and developmental disabilities - definition.
(1) (a) When a witness at the time of a trial is a child less than
twelve UNDER EIGHTEEN years of age, OLD or is a person who has an
intellectual and developmental disability as defined in section 25.5-10-202,
C.R.S., the court may, upon motion of a party or upon its own motion, order
that the witness's testimony be taken in a room other than the courtroom and
be televised by closed-circuit television in the courtroom if:
(II) The judge determines that testimony by the witness in the
courtroom and in the presence of the defendant would result in the witness
suffering serious emotional distress or trauma. such that the witness would
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not be able to reasonably communicate THE TRIAL COURT SHALL MAKE
FINDINGS ON THE RECORD REGARDING THE WITNESS'S ABILITY TO TESTIFY IN
THE COURTROOM AND IN THE PRESENCE OF THE DEFENDANT; and
(6) A S USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE
REQUIRES, "CLOSED-CIRCUIT TELEVISION" MEANS A DIRECT, CLOSED-LOOP
AUDIO AND VIDEO TRANSMISSION SYSTEM THAT ALLOWS PRIVATE VIEWING
AND IS NOT PUBLICLY BROADCAST, AND MAY INCLUDE THE USE OF OTHER
DIGITAL OR WIRELESS TECHNOLOGIES.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-HOUSE BILL 26-1103
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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