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SB26-095 • 2026

Measures to Support Victim-Survivors of Crimes

Sections 1 and 2 of the bill require a licensee, nurse, or certified midwife who performs a medical forensic examination to inform the victim-survivor about how to determine when the testing related t

Crime Healthcare
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Sen. M. Weissman, Rep. M. Froelich, Rep. J. Willford, Sen. J. Amabile, Sen. M. Ball, Sen. A. Benavidez, Sen. J. Bridges, Sen. J. Coleman, Sen. T. Exum, Sen. J. Gonzales, Sen. I. Jodeh, Sen. C. Kipp, Sen. J. Marchman, Sen. D. Roberts, Sen. M. Snyder, Sen. K. Wallace
Last action
2026-04-17
Official status
House Second Reading Special Order - Passed with Amendments - Committee, Floor
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information on the effective date of the bill.

Support for Victims of Certain Crimes

This bill requires medical professionals to inform victims about their rights and test results, allows hospitals to provide prophylactic drugs to sexual assault patients, protects statements made during investigations from being used against the victim unless there is strong evidence that the statement was false or misleading, and mandates training for peace officers on trauma-informed responses.

What This Bill Does

  • Requires medical professionals who perform forensic exams to tell victims how to determine if testing is complete and how to obtain results and records.
  • Allows hospital staff treating sexual assault patients in emergency rooms to provide a month's supply of drugs to prevent sexually transmitted infections.
  • Protects statements made by victims during criminal investigations from being used against them unless there is strong evidence that the statement was false or misleading.

Who It Names or Affects

  • Victims of crimes such as domestic violence, unlawful sexual behavior, stalking, and human trafficking.
  • Medical professionals who perform forensic exams.
  • Hospitals treating patients for sexual assault.
  • Peace officers receiving training on trauma-informed responses.

Terms To Know

victim-survivor
A person who has experienced a crime and is now seeking support or justice.
prophylaxis
Treatment to prevent disease before it occurs, such as antibiotics given after an injury to prevent infection.

Limits and Unknowns

  • The bill does not specify when the new requirements for medical professionals and hospitals will take effect.
  • It is unclear how many peace officers will receive additional training on trauma-informed responses.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

H.001

Committee of the Whole

Passed

Plain English: The amendment undoes a previous change to SB26-095 by removing certain text related to equipment and setting.

  • Removes the word 'EQUIPMENT; AND' from page 11, line 2 of the bill.
  • Strikes out 'SETTING; AND' on page 11, line 6 and replaces it with just 'SETTING.'
  • Eliminates an entire line (line 7) on page 11.
  • The exact impact of these changes on the bill's meaning is unclear without additional context.
  • It is not specified what specific equipment or setting details were removed, making it hard to understand the full effect.
L.008

HOU Judiciary

Lost

Plain English: SB095_L.008 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB095_L.008 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-095 be amended as follows: 1 Amend reengrossed bill, page 12, strike lines 9 through 23 and substitute: 2 "SECTION 7.
  • In Colorado Revised Statutes, 24-31-303, add 3 (1)(v) as follows: 4 24-31-303.
  • Duties - powers of the P.O.S.T.
L.001

SEN Judiciary

Passed [*]

Plain English: SB095_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB095_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-095 be amended as follows: 1 Amend printed bill, page 5, lines 15 and 16, strike "A VICTIM-SURVIVOR 2 OF A CRIME INVOLVING" and substitute "AN INDIVIDUAL WHO IS ALLEGED 3 TO BE A VICTIM OF A CRIME CHARGED IN THE PRESENT CASE WHICH 4 INVOLVES".
  • 5 Page 8, after line 25 insert: 6 "(a) "CLOSED-CIRCUIT TELEVISION" MEANS A DIRECT, 7 CLOSED-LOOP AUDIO AND VIDEO TRANSMISSION SYSTEM THAT ALLOWS 8 PRIVATE VIEWING AND IS NOT PUBLICLY BROADCAST, AND MAY INCLUDE 9 THE USE OF OTHER DIGITAL OR WIRELESS TECHNOLOGIES.".
  • 10 Reletter succeeding paragraphs accordingly.
L.002

SEN Judiciary

Passed [*]

Plain English: SB095_L.002 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB095_L.002 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-095 be amended as follows: 1 Amend printed bill, page 4, strike lines 4 through 14.
  • 2 Renumber succeeding sections accordingly.
  • ** *** ** *** ** LLS: Shelby Ross x4510
L.003

SEN Judiciary

Passed [*]

Plain English: SB095_L.003 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB095_L.003 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-095 be amended as follows: 1 Amend printed bill, page 12, line 23, strike "and (3)(c)(VII);" and 2 substitute "(3)(c)(VII), and (3)(d);".
  • 3 Page 13, after line 21 insert: 4 "(d) The following members, appointed by the governor: 5 (I) A representative of the division of criminal justice in the 6 department of public safety who has oversight of the statewide sexual 7 assault evidence collection kit tracking system created in section 8 24-33.5-113.5; and 9 (II) A representative of the division of criminal justice in the 10 department of public safety who has oversight of federal and state victim 11 service funding and victim rights compliance; AND 12 (III) A REPRESENTATIVE OF THE CRIME LABORATORY OPERATED 13 BY THE COLORADO BUREAU OF INVESTIGATION.".
  • ** *** ** *** ** LLS: Shelby Ross x4510
L.004

SEN Judiciary

Passed [*]

Plain English: SB095_L.004 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB095_L.004 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-095 be amended as follows: 1 Amend printed bill, page 7, line 21, strike "TITLE 24." and substitute 2 "TITLE 24, OR ANY OTHER APPLICABLE FEDERAL, STATE, OR TRIBAL LAW.".
  • 3 Page 8, line 7, strike "AN ARBITRATION AGREEMENT" and substitute "A 4 PREDISPUTE ARBITRATION AGREEMENT AND PREDISPUTE JOINT-ACTION 5 WAIVER".
  • 6 Page 8, line 9, strike "ARBITRATION AGREEMENT," and substitute 7 "PREDISPUTE ARBITRATION AGREEMENT OR PREDISPUTE JOINT-ACTION 8 WAIVER,".
L.006

Second Reading

Passed [**]

Plain English: SB095_L.006 Amendment No.

  • SB095_L.006 Amendment No.
  • ___________ SB26-095 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Weissman 1 Amend printed bill, page 7, after line 1 insert: 2 "(6) IN THE CASE OF AN ORDER GRANTING OR DENYING A SPECIAL 3 MOTION TO DISMISS IN COUNTY COURT, THE ORDER IS IMMEDIATELY 4 APPEALABLE TO THE DISTRICT COURT.
  • IN THE CASE OF AN ORDER 5 GRANTING OR DENYING A SPECIAL MOTION TO DISMISS IN DISTRICT COURT, 6 THE ORDER IS IMMEDIATELY APPEALABLE TO THE COURT OF APPEALS.".
  • ** *** ** *** ** LLS: Shelby Ross x4510
L.011

Second Reading

Passed [**]

Plain English: The amendment removes certain words from the bill text to change how medical forensic examination procedures are described.

  • Removes 'EQUIPMENT;' and replaces it with 'AND' on page 11, line 2 of the reengrossed bill.
  • Strikes out 'SETTING; AND' and replaces it with 'SETTING.' on page 11, line 6.
  • Eliminates line 7 entirely from page 11.
  • The exact impact of these changes on the overall meaning of the bill is not clear without additional context.

Bill History

  1. 2026-04-20 House

    House Third Reading Laid Over Daily - No Amendments

  2. 2026-04-17 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  3. 2026-04-17 House

    House Second Reading Special Order - Passed with Amendments - Committee

  4. 2026-04-17 House

    House Committee of the Whole Amendment - Change from Passed to Lost

  5. 2026-04-14 House

    House Committee on Judiciary Refer Amended to House Committee of the Whole

  6. 2026-03-09 House

    Introduced In House - Assigned to Judiciary

  7. 2026-03-06 Senate

    Senate Third Reading Passed - No Amendments

  8. 2026-03-05 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  9. 2026-03-02 Senate

    Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole

  10. 2026-02-11 Senate

    Introduced In Senate - Assigned to Judiciary

Official Summary Text

Sections 1 and 2
of the bill require a licensee, nurse, or certified midwife who performs a medical forensic examination to inform the victim-survivor about how to determine when the testing related to the examination is complete and how to obtain the results and records.

Section 3

of the bill authorizes a hospital employee or agent who is treating an emergency room patient for sexual assault to dispense a 30-day supply of drugs for prophylaxis of sexually transmitted infections to the patient.

Section

4

3
subjects a cause of action against a person arising from any protected statement by a victim-survivor to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim.

Section

5

4
of the bill makes a predispute arbitration agreement and predispute joint-action waiver void and unenforceable upon request of an individual who alleges conduct that results in a sexual harassment dispute or a sexual misconduct dispute or upon request of a named representative of a joint action, class action, or collective action that results in a sexual harassment dispute or a sexual misconduct dispute.

Section

6

5
of the bill requires a judge to allow a forensic scientist to testify remotely in a criminal proceeding if a party requests and both parties consent to the remote testimony.

Section

7

6
of the bill authorizes the court to order that the testimony of a victim-survivor of domestic violence, unlawful sexual behavior, stalking, human trafficking for involuntary servitude, or human trafficking for sexual servitude be taken in a room other than the courtroom and be televised by closed-circuit television in the courtroom under certain circumstances.

Section

8

7
of the bill requires peace officer annual in-service training programs to include a 2-hour training to improve a peace officer's understanding of the impact of trauma on victim-survivors of crimes and the optimal way for a peace officer to respond to victim-survivors who are experiencing trauma.
Section

10

9
of the bill includes trauma-informed investigation and response training as a permissible use of peace officer training and support fund money.

Section

9

8
of the bill renames the Colorado sexual assault forensic medical evidence review board as the Colorado sexual assault response review board and adds
3

4
members to the board.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 26-0747.01 Shelby Ross x4510 SENATE BILL 26-095
Senate Committees House Committees
Judiciary Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES TO SUPPORT VICTIM-SURVIVORS OF CERTAIN101
CRIMES THAT DO NOT INCLUDE CHANGES TO SUBSTANTIVE102
CRIMINAL OFFENSES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Sections 1 and 2 of the bill require a licensee, nurse, or certified
midwife who performs a medical forensic examination to inform the
victim-survivor about how to determine when the testing related to the
examination is complete and how to obtain the results and records.
Section 3 of the bill authorizes a hospital employee or agent who
HOUSE
Amended 2nd Reading
April 17, 2026
SENATE
3rd Reading Unamended
March 6, 2026
SENATE
Amended 2nd Reading
March 5, 2026
SENATE SPONSORSHIP
Weissman, Amabile, Ball, Benavidez, Bridges, Coleman, Exum, Gonzales J., Jodeh, Kipp,
Marchman, Roberts, Snyder, Wallace
HOUSE SPONSORSHIP
Froelich and Willford,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
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.
is treating an emergency room patient for sexual assault to dispense a
30-day supply of drugs for prophylaxis of sexually transmitted infections
to the patient.
Section 4 subjects a cause of action against a person arising from
any protected statement by a victim-survivor to a special motion to
dismiss unless the court determines that the plaintiff has established that
there is a reasonable likelihood that the plaintiff will prevail on the claim.
Section 5 of the bill makes a predispute arbitration agreement and
predispute joint-action waiver void and unenforceable upon request of an
individual who alleges conduct that results in a sexual harassment dispute
or a sexual misconduct dispute or upon request of a named representative
of a joint action, class action, or collective action that results in a sexual
harassment dispute or a sexual misconduct dispute.
Section 6 of the bill requires a judge to allow a forensic scientist
to testify remotely in a criminal proceeding if a party requests and both
parties consent to the remote testimony.
Section 7 of the bill authorizes the court to order that the testimony
of a victim-survivor of domestic violence, unlawful sexual behavior,
stalking, human trafficking for involuntary servitude, or human
trafficking for sexual servitude be taken in a room other than the
courtroom and be televised by closed-circuit television in the courtroom
under certain circumstances.
Section 8 of the bill requires peace officer annual in-service
training programs to include a 2-hour training to improve a peace officer's
understanding of the impact of trauma on victim-survivors of crimes and
the optimal way for a peace officer to respond to victim-survivors who
are experiencing trauma. Section 10 of the bill includes trauma-informed
investigation and response training as a permissible use of peace officer
training and support fund money.
Section 9 of the bill renames the Colorado sexual assault forensic
medical evidence review board as the Colorado sexual assault response
review board and adds 3 members to the board.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-240-139, amend2
(1)(b)(V)(B) and (1)(b)(V)(C); and add (1)(b)(V)(D) as follows:3
12-240-139. Injuries to be reported - exemptions - penalty for4
failure to report - immunity from liability - definitions.5
(1) (b) (V) A licensee, nurse, or certified midwife who performs6
a medical forensic examination as described in subsection (1)(b)(I) of this7
095-2-
section shall inform the victim:1
(B) Of the contact information for the nearest community-based2
victim advocate pursuant to section 13-90-107 (1)(k)(II) if the victim3
makes a medical report pursuant to subsection (1)(b)(I)(B) of this section4
or an anonymous report pursuant to subsection (1)(b)(I)(C) of this5
section; and6
(C) That any forensic medical evidence collected must be7
maintained until after the assailant may no longer be prosecuted for the8
crime and that the victim must be notified prior to the destruction of such9
THE evidence; AND10
(D) H OW TO DETERMINE WHEN THE TESTING RELATED TO THE11
MEDICAL FORENSIC EXAMINATION IS COMPLETE AND HOW TO OBTAIN THE12
RESULTS AND RECORDS.13
SECTION 2. In Colorado Revised Statutes, 12-255-133.5,14
amend (1)(b) and (1)(c); and add (1)(d) as follows:15
12-255-133.5. Licensee duties related to medical forensic16
evidence.17
(1) A licensee who performs a medical forensic examination as18
described in section 12-240-139 (1)(b)(I) shall inform the victim:19
(b) Of the contact information for the nearest community-based20
victim advocate pursuant to section 13-90-107 (1)(k)(II) if the victim21
makes a medical report pursuant to section 12-240-139 (1)(b)(I)(B) or an22
anonymous report pursuant to section 12-240-139 (1)(b)(I)(C); and23
(c) That any forensic medical evidence collected must be24
maintained until after the assailant may no longer be prosecuted for the25
crime and that the victim must be notified prior to the destruction of such26
THE evidence; AND27
095-3-
(d) H OW TO DETERMINE WHEN THE TESTING RELATED TO THE1
MEDICAL FORENSIC EXAMINATION IS COMPLETE AND HOW TO OBTAIN THE2
RESULTS AND RECORDS.3
4
SECTION 3. In Colorado Revised Statutes, add 13-20-1102 as5
follows:6
13-20-1102. Motion to dismiss - appeal - definitions.7
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES:9
(a) "COMPLAINT" MEANS A PETITION OR CROSS-COMPLAINT.10
(b) "DEFENDANT" MEANS A RESPONDENT OR CROSS-DEFENDANT.11
(c) "PLAINTIFF" MEANS A PETITIONER OR CROSS-COMPLAINANT.12
(d) "PROTECTED STATEMENT BY A VICTIM-SURVIVOR" MEANS:13
(I) A NY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN14
CONNECTION WITH ANY PHASE OF A CRIMINAL INVESTIGATION OR15
PROCEEDING;16
(II) A NY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN17
CONNECTION WITH AN INVESTIGATION CONDUCTED PURSUANT TO TITLE18
IX OF THE FEDERAL "EDUCATION AMENDMENTS OF 1972", 20 U.S.C. SEC.19
1681;20
(III) A NY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN21
CONNECTION WITH A CHILD WELFARE INVESTIGATION;22
(IV) A NY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN23
CONNECTION WITH A PETITION FOR CIVIL PROTECTION ORDER PURSUANT24
TO ARTICLE 14 OF THIS TITLE 13 OR AN EXTREME RISK PROTECTION ORDER25
PURSUANT TO ARTICLE 14.5 OF THIS TITLE 13;26
(V) A NY WRITTEN OR ORAL STATEMENT OR WRITING TO ANY27
095-4-
PERSON REQUIRED TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT1
PURSUANT TO SECTION 19-3-304; AND2
(VI) A NY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN3
CONNECTION WITH ANY OTHER QUASI-JUDICIAL PROCEEDING.4
(e) "VICTIM-SURVIVOR" MEANS AN INDIVIDUAL WHO IS ALLEGED5
TO BE A VICTIM OF A CRIME CHARGED IN THE PRESENT CASE WHICH6
INVOLVES DOMESTIC VIOLENCE , AS DEFINED IN SECTION 18-6-800.3;7
UNLAWFUL SEXUAL BEHAVIOR, AS DESCRIBED IN PART 4 OF ARTICLE 3 OF8
TITLE 18; STALKING , AS DEFINED IN SECTION 18-3-602; HUMAN9
TRAFFICKING FOR INVOLUNTARY SERVITUDE , AS DEFINED IN SECTION10
18-3-503; OR HUMAN TRAFFICKING FOR SEXUAL SERVITUDE, AS DEFINED11
IN SECTION 18-3-504.12
(2) (a) A CAUSE OF ACTION AGAINST A PERSON ARISING FROM ANY13
PROTECTED STATEMENT BY A VICTIM-SURVIVOR IS SUBJECT TO A SPECIAL14
MOTION TO DISMISS UNLESS THE COURT DETERMINES THAT THE PLAINTIFF15
HAS ESTABLISHED THAT THERE IS A REASONABLE LIKELIHOOD THAT THE16
PLAINTIFF WILL PREVAIL ON THE CLAIM.17
(b) IN MAKING ITS DETERMINATION, THE COURT SHALL CONSIDER18
THE PLEADINGS AND SUPPORTING AND OPPOSING AFFIDAVITS STATING THE19
FACTS UPON WHICH THE LIABILITY OR DEFENSE IS BASED.20
(c) I F THE COURT DETERMINES THAT THE PLAINTIFF HAS21
ESTABLISHED A REASONABLE LIKELIHOOD THAT THE PLAINTIFF WILL22
PREVAIL ON THE CLAIM, THE COURT'S DETERMINATION IS NOT ADMISSIBLE23
AS EVIDENCE AT ANY LATER STAGE OF THE CASE OR AT ANY SUBSEQUENT24
PROCEEDING, AND NO BURDEN OF PROOF OR DEGREE OF PROOF OTHERWISE25
APPLICABLE IS AFFECTED BY THE COURT'S DETERMINATION AT ANY LATER26
STAGE OF THE CASE OR AT ANY SUBSEQUENT PROCEEDING.27
095-5-
(3) T HE SPECIAL MOTION MUST BE FILED WITHIN SIXTY -THREE1
DAYS AFTER THE SERVICE OF THE COMPLAINT OR , IN THE COURT 'S2
DISCRETION, AT A LATER TIME UPON TERMS IT DEEMS PROPER. THE COURT3
SHALL SCHEDULE THE MOTION FOR A HEARING NOT MORE THAN4
TWENTY-EIGHT DAYS AFTER THE SERVICE OF THE MOTION UNLESS THE5
DOCKET CONDITIONS OF THE COURT REQUIRE A LATER HEARING.6
(4) A LL DISCOVERY PROCEEDINGS IN THE ACTION ARE STAYED7
UPON THE FILING OF A NOTICE OF MOTION MADE PURSUANT TO THIS8
SECTION. THE STAY OF DISCOVERY REMAINS IN EFFECT UNTIL NOTICE OF9
ENTRY OF THE ORDER RULING ON THE MOTION. NOTWITHSTANDING THIS10
SUBSECTION (4), THE COURT MAY , ON NOTICED MOTION AND FOR GOOD11
CAUSE SHOWN, ORDER THAT SPECIFIED DISCOVERY BE CONDUCTED.12
(5) IN ANY ACTION SUBJECT TO SUBSECTION (2) OF THIS SECTION,13
A PREVAILING DEFENDANT ON A SPECIAL MOTION TO DISMISS IS ENTITLED14
TO RECOVER THE DEFENDANT'S ATTORNEY FEES AND COSTS. IF THE COURT15
FINDS THAT A SPECIAL MOTION TO DISMISS IS FRIVOLOUS OR IS SOLELY16
INTENDED TO CAUSE UNNECESSARY DELAY , PURSUANT TO PART 1 OF17
ARTICLE 17 OF THIS TITLE 13, THE COURT SHALL AWARD COSTS AND18
REASONABLE ATTORNEY FEES TO A PLAINTIFF PREVAILING ON THE MOTION.19
(6) IN THE CASE OF AN ORDER GRANTING OR DENYING A SPECIAL20
MOTION TO DISMISS IN COUNTY COURT , THE ORDER IS IMMEDIATELY21
APPEALABLE TO THE DISTRICT COURT . IN THE CASE OF AN ORDER22
GRANTING OR DENYING A SPECIAL MOTION TO DISMISS IN DISTRICT COURT,23
THE ORDER IS IMMEDIATELY APPEALABLE TO THE COURT OF APPEALS.24
SECTION 4. In Colorado Revised Statutes, add 13-22-203.5 as25
follows:26
13-22-203.5. Sexual harassment or sexual misconduct dispute27
095-6-
- determination of applicability - definitions.1
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE2
REQUIRES:3
(a) "P REDISPUTE ARBITRATION AGREEMENT " MEANS ANY4
AGREEMENT TO ARBITRATE A DISPUTE THAT HAS NOT ARISEN AT THE TIME5
OF MAKING THE AGREEMENT.6
(b) "PREDISPUTE JOINT-ACTION WAIVER" MEANS AN AGREEMENT,7
WHETHER OR NOT PART OF A PREDISPUTE ARBITRATION AGREEMENT, THAT8
PROHIBITS OR WAIVES THE RIGHTS OF A PARTY TO THE AGREEMENT FROM9
PARTICIPATING IN A JOINT ACTION, CLASS ACTION, OR COLLECTIVE ACTION10
IN A JUDICIAL , ARBITRAL , ADMINISTRATIVE , OR OTHER FORUM11
CONCERNING A DISPUTE THAT HAS NOT ARISEN AT THE TIME OF MAKING12
THE AGREEMENT.13
(c) "SEXUAL HARASSMENT DISPUTE" MEANS A DISPUTE RELATING14
TO CONDUCT THAT IS ALLEGED TO CONSTITUTE SEXUAL HARASSMENT15
PURSUANT TO THE "COLORADO ANTI-DISCRIMINATION ACT", PARTS 3 TO16
8 OF ARTICLE 34 OF TITLE 24, OR ANY OTHER APPLICABLE FEDERAL, STATE,17
OR TRIBAL LAW.18
(d) "SEXUAL MISCONDUCT DISPUTE" MEANS A DISPUTE INVOLVING19
SEXUAL MISCONDUCT, AS DEFINED IN SECTION 13-80-103.7 (2).20
(2) N OTWITHSTANDING ANY PROVISION OF LAW TO THE21
CONTRARY, A PREDISPUTE ARBITRATION AGREEMENT OR PREDISPUTE22
JOINT-ACTION WAIVER IS NOT VALID OR ENFORCEABLE UPON REQUEST OF23
AN INDIVIDUAL WHO ALLEGES CONDUCT THAT RESULTS IN A SEXUAL24
HARASSMENT DISPUTE OR A SEXUAL MISCONDUCT DISPUTE , OR UPON25
REQUEST OF A NAMED REPRESENTATIVE OF A JOINT ACTION , CLASS26
ACTION, OR COLLECTIVE ACTION THAT RESULTS IN A SEXUAL HARASSMENT27
095-7-
DISPUTE OR A SEXUAL MISCONDUCT DISPUTE.1
(3) THIS SECTION APPLIES TO AN AGREEMENT TO ARBITRATE. THE2
COURT, RATHER THAN AN ARBITRATOR, SHALL DETERMINE THE VALIDITY3
AND ENFORCEABILITY OF A PREDISPUTE ARBITRATION AGREEMENT AND4
PREDISPUTE JOINT-ACTION WAIVER REGARDLESS OF WHETHER THE PARTY5
RESISTING ARBITRATION CHALLENGES THE PREDISPUTE ARBITRATION6
AGREEMENT OR PREDISPUTE JOINT-ACTION WAIVER, SPECIFICALLY OR IN7
CONJUNCTION WITH OTHER TERMS OF THE CONTRACT THAT CONTAIN A8
PREDISPUTE ARBITRATION AGREEMENT OR PREDISPUTE JOINT -ACTION9
WAIVER, AND REGARDLESS OF WHETHER THE PREDISPUTE ARBITRATION10
AGREEMENT OR PREDISPUTE JOINT-ACTION WAIVER DELEGATES VALIDITY11
AND ENFORCEABILITY DETERMINATIONS TO AN ARBITRATOR.12
SECTION 5. In Colorado Revised Statutes, add 13-90-101.5 as13
follows:14
13-90-101.5. Remote testimony by forensic scientists.15
UPON THE REQUEST OF A PARTY AND CONSENT OF BOTH PARTIES ,16
A JUDGE SHALL ALLOW A FORENSIC SCIENTIST TO TESTIFY REMOTELY IN A17
CRIMINAL PROCEEDING.18
SECTION 6. In Colorado Revised Statutes, add 16-10-402.5 as19
follows:20
16-10-402.5. Use of closed-circuit television - victims of certain21
offenses involving domestic violence, unlawful sexual behavior,22
stalking, or human trafficking - definitions.23
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
REQUIRES:25
(a) "CLOSED-CIRCUIT TELEVISION" MEANS A DIRECT, CLOSED-LOOP26
AUDIO AND VIDEO TRANSMISSION SYSTEM THAT ALLOWS PRIVATE VIEWING27
095-8-
AND IS NOT PUBLICLY BROADCAST, AND MAY INCLUDE THE USE OF OTHER1
DIGITAL OR WIRELESS TECHNOLOGIES.2
(b) " D OMESTIC VIOLENCE " HAS THE MEANING SET FORTH IN3
SECTION 18-6-800.3.4
(c) "HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE" HAS THE5
MEANING SET FORTH IN SECTION 18-3-503.6
(d) " HUMAN TRAFFICKING FOR SEXUAL SERVITUDE " HAS THE7
MEANING SET FORTH IN SECTION 18-3-504.8
(e) " S TALKING" HAS THE MEANING SET FORTH IN SECTION9
18-3-602.10
(f) "UNLAWFUL SEXUAL BEHAVIOR" MEANS UNLAWFUL SEXUAL11
BEHAVIOR DESCRIBED IN PART 4 OF ARTICLE 3 OF TITLE 18.12
(g) "VICTIM-SURVIVOR" MEANS AN INDIVIDUAL WHO IS ALLEGED13
TO BE A VICTIM OF A CRIME CHARGED IN THE PRESENT CASE WHICH14
INVOLVES DOMESTIC VIOLENCE, UNLAWFUL SEXUAL BEHAVIOR, STALKING,15
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE , OR HUMAN16
TRAFFICKING FOR SEXUAL SERVITUDE.17
(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,18
IN ANY PROSECUTION FOR A CRIME INVOLVING DOMESTIC VIOLENCE ,19
UNLAWFUL SEXUAL BEHAVIOR , STALKING , HUMAN TRAFFICKING FOR20
INVOLUNTARY SERVITUDE , OR HUMAN TRAFFICKING FOR SEXUAL21
SERVITUDE, THE COURT MAY, UPON MOTION OF A PARTY OR UPON ITS OWN22
MOTION, ORDER THAT THE VICTIM-SURVIVOR'S TESTIMONY BE TAKEN IN23
A ROOM OTHER THAN THE COURTROOM AND BE TELEVISED BY24
CLOSED-CIRCUIT TELEVISION IN THE COURTROOM IF:25
(I) THE TESTIMONY IS TAKEN DURING THE PROCEEDING;26
(II) THE JUDGE DETERMINES PURSUANT TO SUBSECTION (2)(b)(II)27
095-9-
OF THIS SECTION THAT TESTIMONY BY THE VICTIM-SURVIVOR IN THE1
PRESENCE OF THE DEFENDANT IN THE COURTROOM WOULD RESULT IN THE2
VICTIM-SURVIVOR SUFFERING SERIOUS EMOTIONAL DISTRESS OR TRAUMA,3
SUCH THAT THE VICTIM-SURVIVOR WOULD NOT BE ABLE TO REASONABLY4
COMMUNICATE; AND5
(III) CLOSED-CIRCUIT TELEVISION EQUIPMENT IS AVAILABLE FOR6
TESTIMONY.7
(b) (I) T O OBTAIN AN ORDER AUTHORIZING THE USE OF8
CLOSED-CIRCUIT TELEVISION FOR TESTIMONY BY A VICTIM-SURVIVOR, A9
PARTY SHALL FILE A WRITTEN MOTION WITH THE COURT NO LESS THAN10
THIRTY-FIVE DAYS PRIOR TO THE TRIAL . THE COURT MAY EXTEND THE11
TIME TO FILE A WRITTEN MOTION FOR GOOD CAUSE.12
(II) THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER13
TESTIMONY BY THE VICTIM -S U R V I V O R IN THE PRESENCE OF THE14
DEFENDANT IN THE COURTROOM WOULD RESULT IN THE VICTIM-SURVIVOR15
SUFFERING SERIOUS EMOTIONAL DISTRESS OR TRAUMA , SUCH THAT THE16
VICTIM-SURVIVOR WOULD NOT BE ABLE TO REASONABLY COMMUNICATE.17
(c) ONLY THE PROSECUTING ATTORNEY, THE ATTORNEY FOR THE18
DEFENDANT, AND THE JUDGE MAY QUESTION THE VICTIM-SURVIVOR WHEN19
THE VICTIM-SURVIVOR TESTIFIES BY CLOSED-CIRCUIT TELEVISION.20
(d) T HE OPERATORS OF THE CLOSED -CIRCUIT TELEVISION21
EQUIPMENT SHALL MAKE EVERY EFFORT TO BE UNOBTRUSIVE WHILE THE22
VICTIM-SURVIVOR IS TESTIFYING.23
(3) (a) ONLY THE FOLLOWING INDIVIDUALS MAY BE IN THE ROOM24
WITH THE VICTIM-SURVIVOR WHEN THE VICTIM -SURVIVOR TESTIFIES BY25
CLOSED-CIRCUIT TELEVISION:26
(I) THE PROSECUTING ATTORNEY;27
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(II) THE ATTORNEY FOR THE DEFENDANT;1
(III) T HE OPERATORS OF THE CLOSED -CIRCUIT TELEVISION2
EQUIPMENT;3
(IV) A PERSON WHOSE PRESENCE, IN THE OPINION OF THE COURT,4
CONTRIBUTES TO THE WELFARE AND WELL -BEING OF THE5
VICTIM-SURVIVOR, INCLUDING AN INDIVIDUAL WHO HAS DEALT WITH THE6
VICTIM-SURVIVOR IN A THERAPEUTIC SETTING; AND7
(V) THE JURY.8
(b) D URING THE VICTIM -SURVIVOR'S TESTIMONY BY9
CLOSED-CIRCUIT TELEVISION , THE JUDGE AND THE DEFENDANT , IF10
PRESENT, SHALL REMAIN IN THE COURTROOM.11
(c) T HE JUDGE AND THE DEFENDANT MUST BE ALLOWED TO12
COMMUNICATE WITH THE INDIVIDUALS IN THE ROOM WHERE THE13
VICTIM-SURVIVOR IS TESTIFYING BY AN APPROPRIATE ELECTRONIC14
METHOD.15
(4) T HIS SECTION DOES NOT APPLY IF THE DEFENDANT IS16
APPEARING PRO SE.17
(5) T HIS SECTION DOES NOT APPLY IF THE VICTIM -SURVIVOR18
TESTIFYING IS, AT THE TIME OF A TRIAL , A CHILD LESS THAN EIGHTEEN19
YEARS OLD OR IS A PERSON WHO HAS AN INTELLECTUAL AND20
DEVELOPMENTAL DISABILITY , AS DEFINED IN SECTION 25.5-10-202.21
CLOSED-CIRCUIT TELEVISION TESTIMONY BY A VICTIM-SURVIVOR AT THE22
TIME OF TRIAL WHO IS A CHILD LESS THAN EIGHTEEN YEARS OLD OR WHO23
HAS AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY IS GOVERNED BY24
SECTION 16-10-402.25
(6) (a) T HIS SECTION DOES NOT PRECLUDE , FOR PURPOSES OF26
IDENTIFYING A DEFENDANT , THE PRESENCE OF BOTH THE27
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VICTIM-SURVIVOR AND THE DEFENDANT IN THE COURTROOM AT THE SAME1
TIME.2
(b) T HIS SECTION DOES NOT PRECLUDE THE REMOVAL OF THE3
DEFENDANT, RATHER THAN THE VICTIM -SURVIVOR, FROM THE4
COURTROOM UPON THE STIPULATION OF BOTH PARTIES AND THE APPROVAL5
OF THE COURT.6
(c) T HIS SECTION DOES NOT PRECLUDE A COURT FROM TAKING7
OTHER, CONSTITUTIONALLY PERMISSIBLE MEASURES TO ACCOMMODATE8
THE NEEDS OF A TESTIFYING VICTIM-SURVIVOR.9
SECTION 7. In Colorado Revised Statutes, 24-31-315, amend10
(1)(a) as follows:11
24-31-315. Annual in-service training requirements.12
(1) (a) The annual in-service training programs must include13
proper restraint and holds training, a two-hour anti-bias training program,14
A TWO-HOUR TRAINING TO IMPROVE A PEACE OFFICER'S UNDERSTANDING15
OF THE IMPACT OF TRAUMA ON VICTIM -SURVIVORS OF CRIMES AND THE16
OPTIMAL WAY FOR A PEACE OFFICER TO RESPOND TO VICTIM-SURVIVORS17
WHO ARE EXPERIENCING OR RESPONDING TO TRAUMA, and, in alternating18
years, either a two-hour community policing and community partnerships19
training program or a two-hour situation de-escalation training program.20
The programs and curriculum may include interactive web-based training.21
Each certified peace officer shall satisfactorily complete the training by22
July 1, 2017, and shall satisfactorily complete the training at least once23
every five years thereafter.24
SECTION 8. In Colorado Revised Statutes, 24-31-1401, amend25
(1)(b), (2), (3)(c)(VI), (3)(c)(VII), and (3)(d); and add (3)(c)(VIII) and26
(3)(c)(IX) as follows:27
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24-31-1401. Colorado sexual assault response review board -1
creation - membership - duties - report - short title - definitions -2
repeal.3
(1) As used in this section, unless the context otherwise requires:4
(b) "Review board" means the Colorado sexual assault forensic5
medical evidence RESPONSE review board, established in subsection (2)6
of this section.7
(2) The Colorado sexual assault forensic medical evidence8
RESPONSE review board is established in the department to carry out the9
duties described in subsection (6) of this section and submit the report10
described in subsection (7) of this section.11
(3) The board consists of:12
(c) The following members, appointed by the attorney general:13
(VI) Three representatives from organizations that provide14
services or advocate for communities that experience disproportionate15
rates of sexual assault; and16
(VII) Up to three members, at the discretion of the attorney17
general, whose contributions the attorney general determines would be18
valuable to the work of the review board; and19
(VIII) A REPRESENTATIVE OF A MUNICIPAL CRIME LABORATORY;20
AND21
(IX) T WO VICTIM -SURVIVORS, ONE REPRESENTING A RURAL22
COMMUNITY AND ONE REPRESENTING A METRO AREA OR URBAN23
COMMUNITY; AND24
(d) The following members, appointed by the governor:25
(I) A representative of the division of criminal justice in the26
department of public safety who has oversight of the statewide sexual27
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assault evidence collection kit tracking system created in section1
24-33.5-113.5; and2
(II) A representative of the division of criminal justice in the3
department of public safety who has oversight of federal and state victim4
service funding and victim rights compliance; AND5
(III) A REPRESENTATIVE OF THE CRIME LABORATORY OPERATED6
BY THE COLORADO BUREAU OF INVESTIGATION.7
SECTION 9. In Colorado Revised Statutes, 24-33.5-122, amend8
(1)(j)(I) as follows:9
24-33.5-122. Peace officer training and support fund - peace10
officer training and support distribution - first responder death11
benefit administration - death benefit fund - rules - definitions -12
repeal.13
(1) Definitions. As used in this section, unless the context14
otherwise requires:15
(j) (I) "Permissible purpose" means the initial and continuing16
education and training for peace officers, INCLUDING TRAINING AND17
EDUCATION FOR TRAUMA -INFORMED INVESTIGATIONS AND18
VICTIM-SURVIVOR RESPONSE FOR PEACE OFFICERS, and the compensation19
of peace officers.20
SECTION 10. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
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