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SB26-095 • 2026

Measures to Support Victim-Survivors of Crimes

The act requires 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

Crime Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

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, Rep. A. Boesenecker, Rep. K. Brown, Rep. C. Clifford, Rep. M. Duran, Rep. A. Flanell, Rep. L. García, Rep. L. Goldstein, Rep. E. Hamrick, Rep. J. Jackson, Rep. J. Joseph, Rep. R. Keltie, Rep. S. Lieder, Rep. M. Lindsay, Rep. M. Lukens, Rep. J. McCluskie, Rep. K. Nguyen, Rep. A. Paschal, Rep. M. Rutinel, Rep. E. Sirota, Rep. L. Smith, Rep. K. Stewart, Rep. T. Story, Rep. B. Titone, Rep. R. Weinberg, Rep. Y. Zokaie
Last action
2026-05-19
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Measures to Support Victim-Survivors of Crimes

The act requires 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.

What This Bill Does

  • The act requires 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.
  • The act 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.
  • The act 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.
  • The act 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

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

H.001

Committee of the Whole

Passed

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB095_H.001 DATE 4/17/2026 Representative Hartsook moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in adopting the following Carter amendment, (L.011) to SB26-095, to show that said amendment lost and that SB26-095, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB095_H.001 DATE 4/17/2026 Representative Hartsook moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in adopting the following Carter amendment, (L.011) to SB26-095, to show that said amendment lost and that SB26-095, as amended, passed.
  • Amend reengrossed, page 11, strike line 2 and substitute "EQUIPMENT; AND".
  • Page 11, line 6, strike "SETTING; AND" and substitute "SETTING.".
  • Page 11, strike line 7.
L.007

HOU Judiciary

Passed [*]

Plain English: SB095_L.007 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB095_L.007 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-095 be amended as follows: 1 Amend reengrossed bill, page 9, lines 13 and 14, strike "A 2 VICTIM-SURVIVOR OF A CRIME INVOLVING" and substitute "AN INDIVIDUAL 3 WHO IS ALLEGED TO BE A VICTIM OF A CRIME CHARGED IN THE PRESENT 4 CASE WHICH INVOLVES".
  • 5 Page 9, line 27, strike "IN THE".
  • 6 Page 10, line 1, strike "COURTROOM AND".
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: SB095_L.011 Amendment No.

  • SB095_L.011 Amendment No.
  • ___________ SB26-095 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Carter 1 Amend reengrossed, page 11, strike line 2 and substitute "EQUIPMENT; 2 AND".
  • 3 Page 11, line 6, strike "SETTING; AND" and substitute "SETTING.".
  • 4 Page 11, strike line 7.

Bill History

  1. 2026-05-19 Governor

    Governor Signed

  2. 2026-05-05 Governor

    Sent to the Governor

  3. 2026-05-05 House

    Signed by the Speaker of the House

  4. 2026-05-04 Senate

    Signed by the President of the Senate

  5. 2026-04-27 Senate

    Senate Considered House Amendments - Result was to Concur - Repass

  6. 2026-04-24 House

    House Third Reading Passed - No Amendments

  7. 2026-04-20 House

    House Third Reading Laid Over Daily - No Amendments

  8. 2026-04-17 House

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

  9. 2026-04-17 House

    House Second Reading Special Order - Passed with Amendments - Committee

  10. 2026-04-17 House

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

  11. 2026-04-14 House

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

  12. 2026-03-09 House

    Introduced In House - Assigned to Judiciary

  13. 2026-03-06 Senate

    Senate Third Reading Passed - No Amendments

  14. 2026-03-05 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  15. 2026-03-02 Senate

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

  16. 2026-02-11 Senate

    Introduced In Senate - Assigned to Judiciary

Official Summary Text

The act requires 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.
The act 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.
The act 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.
The act 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.
The act 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.
The act 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 and includes trauma-informed investigation and response training as a permissible use of peace officer training and support fund money.
The act renames the Colorado sexual assault forensic medical evidence review board as the Colorado sexual assault response review board and adds 4 members to the board.
(Note: This summary applies to this bill as enacted.)

Current Bill Text

Read the full stored bill text
SENATE BILL 26-095
BY SENATOR(S) Weissman, Amabile, Ball, Benavidez, Bridges, Exum,
Gonzales J., Jodeh, Kipp, Marchman, Roberts, Snyder, Wallace, Coleman;
also REPRESENTATIVE(S) Froelich and Willford, Boesenecker, Brown,
Clifford, Duran, Flanell, Garcia, Goldstein, Hamrick, Jackson, Joseph,
Keltie, Lieder, Lindsay, Lukens, Nguyen, Paschal, Rutinel, Sirota, Smith,
Stewart K., Story, Titone, Weinberg, Zokaie, McCluskie.
CONCERNING MEASURES TO SUPPORT VICTIM-SURVIVORS OF CERTAIN
CRIMES THAT DO NOT INCLUDE CHANGES TO SUBSTANTIVE CRIMINAL
OFFENSES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-240-139, amend
(l)(b)(V)(B) and (l)(b)(V)(C); and add (l)(b)(V)(D) as follows:
12-240-139. Injuries to be reported - exemptions - penalty for
failure to report -immunity from liability -definitions.
( 1) (b) (V) A licensee, nurse, or certified midwife who performs a
medical forensic examination as described in subsection ( 1 )(b )(1) of this
section shall inform the victim:
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.
(B) Of the contact information for the nearest community-based
victim advocate pursuant to section 13-90-107 ( 1 )(k)(II) if the victim makes
a medical report pursuant to subsection ( 1 )(b )(I)(B) of this section or an
anonymous report pursuant to subsection (l)(b)(I)(C) of this section; and
(C) That any forensic medical evidence collected must be
maintained until after the assailant may no longer be prosecuted for the
crime and that the victim must be notified prior to the destruction of such
THE evidence; AND
(D) How TO DETERMINE WHEN THE TESTING RELATED TO THE
MEDICAL FORENSIC EXAMINATION IS COMPLETE AND HOW TO OBTAIN THE
RESULTS AND RECORDS.
SECTION 2. In Colorado Revised Statutes, 12-255-133.5, amend
(l)(b) and (l)(c); and add (l)(d) as follows:
12-255-133.5. Licensee duties related to medical forensic
evidence.
( 1) A licensee who performs a medical forensic examination as
described in section 12-240-139 (l)(b)(I) shall inform the victim:
(b) Of the contact information for the nearest community-based
victim advocate pursuant to section 13-90-107 ( 1 )(k)(II) if the victim makes
a medical report pursuant to section 12-240-139 (l)(b)(I)(B) or an
anonymous report pursuant to section 12-240-139 (l)(b)(I)(C); and
( c) That any forensic medical evidence collected must be maintained
until after the assailant may no longer be prosecuted for the crime and that
the victim must be notified prior to the destruction of such THE evidence;
AND
( d) How TO DETERMINE WHEN THE TESTING RELATED TO THE
MEDICAL FORENSIC EXAMINATION IS COMPLETE AND HOW TO OBTAIN THE
RESULTS AND RECORDS.
SECTION 3. In Colorado Revised Statutes, add 13-20-1102 as
follows:
PAGE 2-SENATE BILL 26-095
13-20-1102. Motion to dismiss -appeal -definitions.
(1) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "COMPLAINT" MEANS A PETITION OR CROSS-COMPLAINT.
(b) "DEFENDANT" MEANS A RESPONDENT OR CROSS-DEFENDANT.
(c) "PLAINTIFF" MEANS A PETITIONER OR CROSS-COMPLAINANT.
(d) "PROTECTED STATEMENT BY A VICTIM-SURVIVOR" MEANS:
(I) ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN
CONNECTION WITH ANY PHASE OF A CRIMINAL INVESTIGATION OR
PROCEEDING;
(II) ANY WRI1TEN OR ORAL STATEMENT OR WRITING MADE IN
CONNECTION WITH AN INVESTIGATION CONDUCTED PURSUANT TO TITLE IX
OFTHEFEDERAL "EDUCATION AMENDMENTS OF 1972",20U.S.C. SEC.1681;
(III) ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN
CONNECTION WITH A CHILD WELFARE INVESTIGATION;
(IV) ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN
CONNECTION WITH A PETITION FOR CIVIL PROTECTION ORDER PURSUANT TO
ARTICLE 14 OF THIS TITLE 13 OR AN EXTREME RISK PROTECTION ORDER
PURSUANT TO ARTICLE 14.5 OF THIS TITLE 13;
(V) ANY WRITTEN OR ORAL STATEMENT OR WRITING TO ANY PERSON
REQUIRED TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT PURSUANT TO
SECTION 19-3-304; AND
(VI) ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN
CONNECTION WITH ANY OTHER QUASI-JUDICIAL PROCEEDING.
( e) "VICTIM-SURVIVOR" MEANS AN INDIVIDUAL WHO IS ALLEGED TO
BE A VICTIM OF A CRIME CHARGED IN THE PRESENT CASE WHICH INVOLVES
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3; UNLAWFUL
SEXUAL BEHAVIOR, AS DESCRIBED IN PART 4 OF ARTICLE 3 OF TITLE 18;
PAGE 3-SENATE BILL 26-095
STALKING, AS DEFINED IN SECTION 18-3-602; HUMAN TRAFFICKING FOR
INVOLUNTARY SERVITUDE, AS DEFINED IN SECTION 18-3-503; OR HUMAN
TRAFFICKING FOR SEXUAL SERVITUDE, AS DEFINED IN SECTION 18-3-504.
(2) (a) A CAUSE OF ACTION AGAINST A PERSON ARISING FROM ANY
PROTECTED STATEMENT BY A VICTIM-SURVIVOR IS SUBJECT 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 PREY AIL ON THE CLAIM.
(b) IN MAKING ITS DETERMINATION, THE COURT SHALL CONSIDER THE
PLEADINGS AND SUPPORTING AND OPPOSING AFFIDAVITS ST A TING THE FACTS
UPON WHICH THE LIABILITY OR DEFENSE IS BASED.
( C) IF THE COURT DETERMINES THAT THE PLAINTIFF HAS
EST AB LI SHED A REASONABLE LIKELIHOOD THAT THE PLAINTIFF WILL PREVAIL
ON THE CLAIM, THE COURT'S DETERMINATION IS NOT ADMISSIBLE AS
EVIDENCE AT ANY LATER STAGE OF THE CASE OR AT ANY SUBSEQUENT
PROCEEDING, AND NO BURDEN OF PROOF OR DEGREE OF PROOF OTHERWISE
APPLICABLE IS AFFECTED BY THE COURT'S DETERMINATION AT ANY LATER
STAGE OF THE CASE OR AT ANY SUBSEQUENT PROCEEDING.
(3) THE SPECIAL MOTION MUST BE FILED WITHIN SIXTY-THREE DAYS
AFTER THE SER VICE OF THE COMPLAINT OR, IN THE COURT'S DISCRETION, AT
A LATER TIME UPON TERMS IT DEEMS PROPER. THE COURT SHALL SCHEDULE
THE MOTION FOR A HEARING NOT MORE THAN TWENTY-EIGHT DAYS AFTER
THE SERVICE OF THE MOTION UNLESS THE DOCKET CONDITIONS OF THE
COURT REQUIRE A LATER HEARING.
( 4) ALL DISCOVERY PROCEEDINGS IN THE ACTION ARE ST A YEO UPON
THE FILING OF A NOTICE OF MOTION MADE PURSUANT TO THIS SECTION. THE
STAY OF DISCOVERY REMAINS IN EFFECT UNTIL NOTICE OF ENTRY OF THE
ORDER RULING ON THE MOTION. NOTWITHSTANDING THIS SUBSECTION (4),
THECOURTMAY,ONNOTICEDMOTIONANDFORGOODCAUSESHOWN,ORDER
THAT SPECIFIED DISCOVERY BE CONDUCTED.
(5) IN ANY ACTION SUBJECT TO SUBSECTION (2) OF THIS SECTION, A
PREY AILING DEFENDANT ON A SPECIAL MOTION TO DISMISS IS ENTITLED TO
RECOVER THE DEFENDANT'S ATTORNEY FEES AND COSTS. IF THE COURT
FINDS THAT A SPECIAL MOTION TO DISMISS IS FRIVOLOUS OR IS SOLELY
PAGE 4-SENATE BILL 26-095
INTENDED TO CAUSE UNNECESSARY DELAY, PURSUANT TO PART 1 OF
ARTICLE 17 OF THIS TITLE 13, THE COURT SHALL A WARD COSTS AND
REASONABLE ATTORNEY FEES TO A PLAINTIFF PREVAILING ON THE MOTION.
(6) IN THE CASE OF AN ORDER GRANTING OR DENYING A SPECIAL
MOTION TO DISMISS IN COUNTY COURT, THE ORDER IS IMMEDIATELY
APPEALABLE TO THE DISTRICT COURT. IN THE CASE OF AN ORDER GRANTING
OR DENYING A SPECIAL MOTION TO DISMISS IN DISTRICT COURT, THE ORDER
IS IMMEDIATELY APPEALABLE TO THE COURT OF APPEALS.
SECTION 4. In Colorado Revised Statutes, add 13-22-203.5 as
follows:
13-22-203.5. Sexual harassment or sexual misconduct dispute -
determination of applicability -definitions.
(1) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "PREDISPUTE ARBITRATION AGREEMENT" MEANS ANY
AGREEMENT TO ARBITRATE A DISPUTE THAT HAS NOT ARISEN AT THE TIME
OF MAKING THE AGREEMENT.
(b) "PREDISPUTE JOINT-ACTION WAIVER" MEANS AN AGREEMENT,
WHETHER OR NOT PART OF A PREDISPUTE ARBITRATION AGREEMENT, THAT
PROHIBITS OR WAIVES THE RIGHTS OF A PARTY TO THE AGREEMENT FROM
PARTICIPATING IN A JOINT ACTION, CLASS ACTION, OR COLLECTIVE ACTION
IN A JUDICIAL, ARBITRAL, ADMINISTRATIVE, OR OTHER FORUM CONCERNING
A DISPUTE THAT HAS NOT ARISEN AT THE TIME OF MAKING THE AGREEMENT.
( c) "SEXUAL HARASSMENT DISPUTE" MEANS A DISPUTE RELATING TO
CONDUCT THAT IS ALLEGED TO CONSTITUTE SEXUAL HARASSMENT
PURSUANT TO THE "COLORADO ANTI-DISCRIMINATION ACT", PARTS 3 TO 8
OF ARTICLE 34 OF TITLE 24, OR ANY OTHER APPLICABLE FEDERAL, ST ATE, OR
TRIBAL LAW.
(d) "SEXUAL MISCONDUCT DISPUTE" MEANS A DISPUTE INVOLVING
SEXUAL MISCONDUCT, AS DEFINED IN SECTION 13-80-103.7 (2).
(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
PAGE 5-SENATE BILL 26-095
A PREDISPUTE ARBITRATION AGREEMENT OR PREDISPUTE JOINT-ACTION
WAIVER IS NOT VALID OR ENFORCEABLE 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.
(3) THIS SECTION APPLIES TO AN AGREEMENT TO ARBITRATE. THE
COURT, RATHER THAN AN ARBITRATOR, SHALL DETERMINE THE VALIDITY
AND ENFORCEABILITY OF A PREDISPUTE ARBITRATION AGREEMENT AND
PREDISPUTE JOINT-ACTION WAIVER REGARDLESS OF WHETHER THE PARTY
RESISTING ARBITRATION CHALLENGES THE PREDISPUTE ARBITRATION
AGREEMENT OR PREDISPUTE JOINT-ACTION WAIVER, SPECIFICALLY OR IN
CONJUNCTION WITH OTHER TERMS OF THE CONTRACT THAT CONTAIN A
PREDISPUTE ARBITRATION AGREEMENT OR PREDISPUTE JOINT-ACTION
WAIVER. AND REGARDLESS OF WHETHER THE PREDISPUTE ARBITRATION
AGREEMENT OR PREDISPUTE JOINT-ACTION WAIVER DELEGATES VALIDITY
AND ENFORCEABILITY DETERMINATIONS TO AN ARBITRATOR.
SECTION 5. In Colorado Revised Statutes, add 13-90-101.5 as
follows:
13-90-101.5. Remote testimony by forensic scientists.
UPON THE REQUEST OF A PARTY AND CONSENT OF BOTH PARTIES, A
JUDGE SHALL ALLOW A FORENSIC SCIENTIST TO TESTIFY REMOTELY IN A
CRIMINAL PROCEEDING.
SECTION 6. In Colorado Revised Statutes, add 16-10-402.5 as
follows:
16-10-402.5. Use of closed-circuit television -victims of certain
offenses involving domestic violence, unlawful sexual behavior,
stalking, or human trafficking -definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "CLOSED-CIRCUIT TELEVISION" MEANS A DIRECT, CLOSED-LOOP
PAGE 6-SENATE BILL 26-095
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.
(b) "DOMESTIC VIOLENCE" HAS THE MEANING SET FORTH IN SECTION
18-6-800 .3.
(c) "HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE" HAS THE
MEANING SET FORTH IN SECTION 18-3-503.
(d) "HUMAN TRAFFICKING FOR SEXUAL SERVITUDE" HAS THE
MEANING SET FORTH IN SECTION 18-3-504.
(e) "STALKING" HAS THE MEANING SET FORTH IN SECTION 18-3-602.
(f) "UNLAWFUL SEXUAL BEHAVIOR" MEANS UNLAWFUL SEXUAL
BEHAVIOR DESCRIBED IN PART 4 OF ARTICLE 3 OF TITLE 18.
(g) "VICTIM-SURVIVOR" MEANS AN INDIVIDUAL WHO IS ALLEGED TO
BE A VICTIM OF A CRIME CHARGED IN THE PRESENT CASE WHICH INVOLVES
DOMESTIC VIOLENCE, UNLAWFUL SEXUAL BEHAVIOR, STALKING, HUMAN
TRAFFICKING FOR INVOLUNTARY SERVITUDE, OR HUMAN TRAFFICKING FOR
SEXUAL SERVITUDE.
(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, IN
ANY PROSECUTION FORA CRIME INVOLVING DOMESTIC VIOLENCE, UNLAWFUL
SEXUAL BEHAVIOR, STALKING, HUMAN TRAFFICKING FOR INVOLUNTARY
SERVITUDE, OR HUMAN TRAFFICKING FOR SEXUAL SERVITUDE, THE COURT
MAY, UPON MOTION OF A PARTY OR UPON ITSOWNMOTION,ORDER THAT THE
VICTIM-SURVIVOR'S TESTIMONY BE TAKEN IN A ROOM OTHER THAN THE
COURTROOM AND BE TELEVISED BY CLOSED-CIRCUIT TELEVISION IN THE
COURTROOM IF:
(I) THE TESTIMONY IS TAKEN DURING THE PROCEEDING;
(II) THE JUDGE DETERMINES PURSUANT TO SUBSECTION (2)(b )(II) OF
THIS SECTION THAT TESTIMONY BY THE VICTIM-SURVIVOR IN THE PRESENCE
OF THE DEFENDANT IN THE COURTROOM WOULD RESULT IN THE
VICTIM-SURVIVOR SUFFERING SERIOUS EMOTIONAL DISTRESS OR TRAUMA,
SUCH THAT THE VICTIM-SURVIVOR WOULD NOT BE ABLE TO REASONABLY
PAGE 7-SENATE BILL 26-095
COMMUNICATE; AND
(III) CLOSED-CIRCUIT TELEVISION EQUIPMENT IS AVAILABLE FOR
TESTIMONY.
(b) (I) TO OBTAIN AN ORDER AUTHORIZING THE USE OF
CLOSED-CIRCUIT TELEVISION FOR TESTIMONY BY A VICTIM-SURVIVOR, A
PARTY SHALL FILE A WRITTEN MOTION WITH THE COURT NO LESS THAN
THIRTY-FIVE DAYS PRIOR TO THE TRIAL. THE COURT MAY EXTEND THE TIME
TO FILE A WRITTEN MOTION FOR GOOD CAUSE.
(II) THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER
TESTIMONY BY THE VICTIM-SURVIVOR IN THE PRESENCE OF THE DEFENDANT
IN THE COURTROOM WOULD RESULT IN THE VICTIM-SURVIVOR SUFFERING
SERIOUS EMOTIONAL DISTRESS OR TRAUMA, SUCH THAT THE
VICTIM-SURVIVOR WOULD NOT BE ABLE TO REASONABLY COMMUNICATE.
(c) ONLY THE PROSECUTING ATTORNEY, THE ATTORNEY FOR THE
DEFENDANT, AND THE JUDGE MAY QUESTION THE VICTIM-SURVIVOR WHEN
THE VICTIM-SURVIVOR TESTIFIES BY CLOSED-CIRCUIT TELEVISION.
( d) THE OPERA TORS OF THE CLOSED-CIRCUIT TELEVISION EQUIPMENT
SHALL MAKE EVERY EFFORT TO BE UNOBTRUSIVE WHILE THE
VICTIM-SURVIVOR IS TESTIFYING.
(3) (a) ONLY THE FOLLOWING INDIVIDUALS MAY BE IN THE ROOM
WITH THE VICTIM-SURVIVOR WHEN THE VICTIM-SURVIVOR TESTIFIES BY
CLOSED-CIRCUIT TELEVISION:
(I) THE PROSECUTING ATTORNEY;
(II) THE ATTORNEY FOR THE DEFENDANT;
(III) THE OPERA TORS OF THE CLOSED-CIRCUIT TELEVISION
EQUIPMENT;
(IV) A PERSON WHOSE PRESENCE, IN THE OPINION OF THE COURT,
CONTRIBUTES TO THE WELFARE AND WELL-BEING OF THE VICTIM-SURVIVOR,
INCLUDING AN INDIVIDUAL WHO HAS DEALT WITH THE VICTIM-SURVIVOR IN
A THERAPEUTIC SETTING; AND
PAGE 8-SENATE BILL 26-095
(V) THEJURY.
(b) DURING THE VICTIM-SURVIVOR'S TESTIMONY BY CLOSED-CIRCUIT
TELEVISION,THEJUDGEANDTHEDEFENDANT,IFPRESENT,SHALLREMAININ
THE COURTROOM.
( C) THE JUDGE AND THE DEFENDANT MUST BE ALLOWED TO
COMMUNICATE WITH THE INDIVIDUALS IN THE ROOM WHERE THE
VICTIM-SURVIVOR IS TESTIFYING BY AN APPROPRIATE ELECTRONIC METHOD.
(4) THIS SECTION DOES NOT APPLY IF THE DEFENDANT IS APPEARING
PRO SE.
(5) THIS SECTION DOES NOT APPLY IF THE VICTIM-SURVIVOR
TESTIFYING IS, AT THE TIME OF A TRIAL, A CHILD LESS THAN EIGHTEEN YEARS
OLD OR IS A PERSON WHO HAS AN INTELLECTUAL AND DEVELOPMENT AL
DISABILITY, AS DEFINED IN SECTION 25.5-10-202. CLOSED-CIRCUIT
TELEVISION TESTIMONY BY A VICTIM-SURVIVOR AT THE TIME OF TRIAL WHO
IS A CHILD LESS THAN EIGHTEEN YEARS OLD OR WHO HAS AN INTELLECTUAL
OR DEVELOPMENT AL DISABILITY rs GOVERNED BY SECTION 16-10-402.
(6) (a) THIS SECTION DOES NOT PRECLUDE, FOR PURPOSES OF
IDENTIFYING A DEFENDANT, THE PRESENCE OF BOTH THE VICTIM-SURVIVOR
AND THE DEFENDANT IN THE COURTROOM AT THE SAME TIME.
(b) THIS SECTION DOES NOT PRECLUDE THE REMOVAL OF THE
DEFENDANT, RATHER THAN THE VICTIM-SURVIVOR, FROM THE COURTROOM
UPONTHESTIPULATIONOFBOTHPARTIESANDTHEAPPROVALOFTHECOURT.
(c) THIS SECTION DOES NOT PRECLUDE A COURT FROM TAKING
OTHER, CONSTITUTIONALLY PERMISSIBLE MEASURES TO ACCOMMODATE THE
NEEDS OF A TESTIFYING VICTIM-SURVIVOR.
SECTION 7. In Colorado Revised Statutes, 24-31-315, amend
(l)(a) as follows:
24-31-315. Annual in-service training requirements.
(1) (a) The annual in-service training programs must include proper
restraint and holds training, a two-hour anti-bias training program, A
PAGE 9-SENATE BILL 26-095
TWO-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 OR RESPONDING TO TRAUMA, and, in alternating
years, either a two-hour community policing and community partnerships
training program or a two-hour situation de-escalation training program.
The programs and curriculum may include interactive web-based training.
Each certified peace officer shall satisfactorily complete the training by July
1, 2017, and shall satisfactorily complete the training at least once every
five years thereafter.
SECTION 8. In Colorado Revised Statutes, 24-31-1401, amend
(1 )(b ), (2), (3 )( c )(VI), (3 )( c )(VII), and (3 )( d); and add (3 )( c )(VIII) and
(3)(c)(IX) as follows:
24-31-1401. Colorado sexual assault response review board -
creation - membership - duties - report - short title - definitions -
repeal.
(1) As used in this section, unless the context otherwise requires:
(b) "Review board" means the Colorado sexual assault fu1ensie
nredieal e'1idenee RESPONSE review board, established in subsection (2) of
this section.
(2) The Colorado sexual assault fu1ensie medical evide11ee
RESPONSE review board is established in the department to carry out the
duties described in subsection ( 6) of this section and submit the report
described in subsection (7) of this section.
(3) The board consists of:
(c) The following members, appointed by the attorney general:
(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
PAGE IO-SENATE BILL 26-095
the work of the review board; and
(VIII) A REPRESENTATIVE OF A MUNICIPAL CRIME LABO RA TORY; AND
(IX) Two VICTIM-SURVIVORS, ONE REPRESENTING A RURAL
COMMUNITY AND ONE REPRESENTING A METRO AREA OR URBAN
COMMUNITY; AND
( d) The following members, appointed by the governor:
(I) A representative 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 section
24-33.5-113.5; and
(II) A representative 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 compliance; AND
(III) A REPRESENTATIVE OF THE CRIME LABO RA TORY OPERA TED BY
THE COLORADO BUREAU OF INVESTIGATION.
SECTION 9. In Colorado Revised Statutes, 24-33.5-122, amend
(1)0)(1) as follows:
24-33.5-122. Peace officer training and support fund - peace
officer training and support distribution -first responder death benefit
administration -death benefit fund - rules -definitions - repeal.
( 1) Definitions. As used in this section, unless the context otherwise
reqmres:
U) (I) "Permissible purpose" means the initial and continuing
education and training for peace officers, INCLUDING TRAINING AND
EDUCATION FOR TRAUMA-INFORMED INVESTIGATIONS AND
VICTIM-SURVIVORRESPONSEFORPEACEOFFICERS, and the compensation of
peace officers.
SECTION 10. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 11-SENATE BILL 26-095
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Va~eilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED el'\. T ve-sJ.°:1 VY\~ \C\1~ 1..D]hJ oJc rz.: t>ot"V\-\
(Date and Time) 1
STATE OF COLORADO
l
PAGE 12-SENATE BILL 26-095