A Bill for an Act
Page 1, Line 101Concerning measures to address the sexual assault kit
Page 1, Line 102testing backlog.
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.)
The bill creates a grant program to fund an independent sexual assault kit coordinator (coordinator) position. The coordinator is tasked with providing annual reports to the general assembly regarding specific criteria relating to the state's capacity to complete sexual assault kit tests. The Colorado bureau of investigation administers the grant program.
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 sexual assault cases so that each member of the general assembly receives a report twice each year and the report includes information concerning the average amount of time between receipt and completed analysis of sexual assault evidence collection kits.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 24-33.5-428.3 as follows:
Page 2, Line 324-33.5-428.3. Independent sexual assault kit coordinator
Page 2, Line 4grant program - application process - coordinator reporting
Page 2, Line 5requirements - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 6(a) "Coordinator" means the independent sexual assault kit coordinator funded with a grant pursuant to this section.
Page 2, Line 7(b) "Forensic medical evidence backlog" means the cases
Page 2, Line 8with a genetic sample in a state or local crime laboratory's
Page 2, Line 9possession as of April 1, 2025, that is not tested within thirty days after the crime laboratory receives the sample.
Page 2, Line 10(c) "Forensic medical evidence caseload" means the cases
Page 2, Line 11with a genetic sample that has been in a state or local crime
Page 2, Line 12laboratory's possession for less than thirty days as of April 1, 2025.
Page 2, Line 13(d) "Grant program" means the independent sexual
Page 2, Line 14assault kit coordinator grant program created in subsection (2) of this section.
Page 3, Line 1(e) "Local crime laboratory" means a publicly funded
Page 3, Line 2crime laboratory or forensic laboratory in Colorado, including
Page 3, Line 3a laboratory set up by a single municipality or a regional
Page 3, Line 4laboratory that holds an ISO/IEC 17025 forensic laboratory
Page 3, Line 5accreditation or that performs work equivalent to that of an accredited forensic services provider without being accredited.
Page 3, Line 6(2) The independent sexual assault kit coordinator grant
Page 3, Line 7program is created in the bureau. The purpose of the grant
Page 3, Line 8program is to provide a grant to an organization engaged in
Page 3, Line 9public policy work focused on, or related to, sexual assault
Page 3, Line 10policy and sexual assault kit testing to fund an independent
Page 3, Line 11sexual assault kit coordinator position to oversee the progress of sexual assault kit testing in the state of Colorado.
Page 3, Line 12(3) The bureau shall administer the grant program and shall award a grant as provided in this section.
Page 3, Line 13(4) To receive a grant, an organization must submit an
Page 3, Line 14application by submitting a letter of request to the bureau
Page 3, Line 15applying for grant funding by June 30, 2025. At a minimum, the letter of request must include the following:
Page 3, Line 16(a) A showing that the organization is a public interest
Page 3, Line 17organization engaged in public policy work focused on, or
Page 3, Line 18related to, sexual assault policy and sexual assault kit testing; and
Page 3, Line 19(b) A showing that the organization has been involved in
Page 3, Line 20the area of work for at least the last ten years prior to
Page 3, Line 21submitting an application.
Page 4, Line 1(5) (a) The bureau shall review the applications received
Page 4, Line 2pursuant to subsection (4) of this section and shall award the grant no later than July 1, 2025, and each July 1 thereafter.
Page 4, Line 3(b) (I) Subject to available appropriations, the bureau
Page 4, Line 4shall award the grant each July 1 to the same qualifying
Page 4, Line 5organization unless the organization is no longer qualified or
Page 4, Line 6chooses to withdraw from the grant program or the bureau
Page 4, Line 7determines the qualifying organization is not fulfilling the
Page 4, Line 8terms of the grant pursuant to this section. A grantee
Page 4, Line 9organization that wishes to withdraw from the grant program
Page 4, Line 10shall write to the bureau requesting withdrawal by April 1 before the start of a new grant cycle.
Page 4, Line 11(II) If an organization withdraws from the grant program,
Page 4, Line 12it must suggest another qualifying organization as its replacement.
Page 4, Line 13(III) The bureau shall award the grant to the suggested
Page 4, Line 14replacement organization unless it determines the organization
Page 4, Line 15is unqualified or the bureau finds just cause not to award the grant to the organization.
Page 4, Line 16(IV) If the bureau determines a replacement organization
Page 4, Line 17is unqualified or finds just cause not to award the grant to the
Page 4, Line 18replacement organization or determines the qualifying
Page 4, Line 19organization is not fulfilling its terms of the grant pursuant to
Page 4, Line 20this section, then the bureau shall reopen the grant application
Page 4, Line 21process no later than May 1 of that year and award the grant by July 1.
Page 4, Line 22(c) The bureau shall distribute the grant money within ten days after awarding the grant.
Page 5, Line 1(d) The amount of each grant is one hundred fifty thousand dollars.
Page 5, Line 2(6) The organization that receives a grant shall use the
Page 5, Line 3grant award to fund the independent sexual assault kit
Page 5, Line 4coordinator position described in this section for twelve months.
Page 5, Line 5(7) On or before October 1, 2025, and on or before
Page 5, Line 6February 1, 2026, and on or before each October 1 and February
Page 5, Line 71 thereafter, the coordinator shall submit a report to the joint
Page 5, Line 8budget committee and house and senate judiciary committees, or
Page 5, Line 9their successor committees. At a minimum, the report must include:
Page 5, Line 10(a) (I) The number of sexual assault kit tests completed by
Page 5, Line 11each publicly funded crime laboratory or forensic laboratory
Page 5, Line 12in Colorado, including the number of tests completed by each
Page 5, Line 13privately contracted laboratory if the privately contracted
Page 5, Line 14laboratory completes a sexual assault kit test on behalf of a
Page 5, Line 15publicly funded Colorado crime laboratory or forensic laboratory;
Page 5, Line 16(II) The number of DNA evidence samples collected from
Page 5, Line 17a crime scene and submitted independently from a case with an
Page 5, Line 18attached and separately submitted sexual assault kit. For
Page 5, Line 19purposes of this section, other DNA evidence samples collected
Page 5, Line 20from a crime scene and submitted for a case with a victim's
Page 5, Line 21sexual assault kit are considered a part of a sexual assault kit
Page 5, Line 22case in all reporting requirements.
Page 6, Line 1(III) The number of DNA evidence samples from a case with
Page 6, Line 2no sexual assault kit but involving a sexual assault. For
Page 6, Line 3reporting requirement purposes, subsection (7)(a)(II) of this
Page 6, Line 4section and this subsection (7)(a)(III) are considered separate
Page 6, Line 5data points if tested separately or not yet tested but
Page 6, Line 6segregated for testing apart from an associated sexual assault kit.
Page 6, Line 7(b) The federal combined DNA index system experience
Page 6, Line 8data for completed kits for sexual assault test kits originating in Colorado, including:
Page 6, Line 9(I) The number of sexual assault kit test results entered into the index system;
Page 6, Line 10(II) The number of entered test results that resulted in a hit in the index system; and
Page 6, Line 11(III) The type of hit reported by the index system,
Page 6, Line 12including if the hit was a forensic hit, an offender hit, or another relevant hit;
Page 6, Line 13(c) The available and anticipated capacity or capacity
Page 6, Line 14limits across the statewide crime laboratory system and at each
Page 6, Line 15individual laboratory in the statewide crime laboratory system;
Page 6, Line 16(d) The current number of cases in the forensic medical
Page 6, Line 17evidence backlog and forensic medical evidence caseload status;
Page 6, Line 18(e) Current laboratory processes, with assessments on
Page 6, Line 19relative productivity, efficiency, and recommendations for
Page 6, Line 20improved processes;
Page 7, Line 1(f) Statewide coordination issues related to improving the
Page 7, Line 2handling of the sexual assault kit backlog and ongoing sexual assault kit testing;
Page 7, Line 3(g) Recommendations to improve state policy or processes
Page 7, Line 4across the statewide crime laboratory system related to sexual
Page 7, Line 5assault kit testing and law enforcement investigations that
Page 7, Line 6enhance sexual assault victim experience in the related investigation and justice process;
Page 7, Line 7(h) The bureau's methodology and processes regarding its
Page 7, Line 8reimbursement of local crime laboratories and an assessment
Page 7, Line 9and any recommendations the coordinator deems necessary to
Page 7, Line 10improve efficiency and efficacy while incorporating similar data points from local crime laboratories as a comparison; and
Page 7, Line 11(i) Information regarding data or test count variance in the bureau's reimbursement of local crime laboratories.
Page 7, Line 12(8) (a) The bureau and local and regional publicly funded
Page 7, Line 13laboratories shall cooperate with the independent sexual
Page 7, Line 14assault kit coordinator by confidentially releasing statistics
Page 7, Line 15and information about laboratory processes related to the
Page 7, Line 16coordinator's mandate; except that the bureau and a local or
Page 7, Line 17regional publicly funded laboratory are not required to
Page 7, Line 18release statistics and information they are required to keep confidential pursuant to state or federal law or court order.
Page 7, Line 19(b) The coordinator shall keep the statistics and
Page 7, Line 20information confidential, except as necessary to complete the coordinator's report described in subsection (7) of this section.
Page 7, Line 21(9) This section is repealed, effective July 1, 2030.
Page 8, Line 1SECTION 2. In Colorado Revised Statutes, 24-4.1-302.5, add (1)(b.8)(II.5) as follows:
Page 8, Line 224-4.1-302.5. Rights afforded to victims - definitions. (1) In
Page 8, Line 3order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:
Page 8, Line 4(b.8) For a victim who has had forensic medical evidence
Page 8, Line 5collected pursuant to section 12-240-139 (1)(b) that has not resulted in a
Page 8, Line 6conviction or plea of guilty, the right to be notified by the law
Page 8, Line 7enforcement agency with jurisdiction for the case, upon request, of the status and location of the victim's forensic medical evidence including:
Page 8, Line 8(II.5) Notwithstanding subsection (1)(b.8)(II) of this
Page 8, Line 9section, the right to be notified at least once every ninety days
Page 8, Line 10by the law enforcement agency if the law enforcement agency
Page 8, Line 11has not received the results of the medical forensic evidence DNA analysis from the accredited crime laboratory;
Page 8, Line 12SECTION 3. In Colorado Revised Statutes, 24-33.5-113, add (6) as follows:
Page 8, Line 1324-33.5-113. Forensic medical evidence in sexual assault cases
Page 8, Line 14- rules - testing - confidentiality - definition. (6) (a) Upon submission
Page 8, Line 15of forensic medical evidence to an accredited crime laboratory,
Page 8, Line 16the accredited crime laboratory must endeavor to analyze and,
Page 8, Line 17when appropriate, upload the information into the combined
Page 8, Line 18DNA index system within sixty days after receipt of the forensic medical evidence.
Page 8, Line 19(b) As used in this subsection (6), "accredited crime
Page 8, Line 20laboratory" means a law enforcement crime laboratory that
Page 8, Line 21has received forensic accreditation through ISO/IEC 17025 requirements.
Page 9, Line 1SECTION 4. In Colorado Revised Statutes, 24-33.5-113.5,
Page 9, Line 2amend (4)(a) introductory portion, (4)(a)(II), and (4)(a)(III); and add (4)(a)(IV) as follows:
Page 9, Line 324-33.5-113.5. Forensic medical evidence in sexual assault
Page 9, Line 4cases - tracking system. (4) (a) On or after January 30, 2026, and on or
Page 9, Line 5before January 30 and July 31 of each year thereafter, the executive
Page 9, Line 6director of the department shall submit a report to
the judiciaryPage 9, Line 7
committees of the house of representatives and senate, or any successorPage 9, Line 8
committeesPage 9, Line 9following information from the preceding
calendar yearPage 9, Line 101 through December 31 or January 1 through June 30, as applicable:
Page 9, Line 11(II) The total number of sexual assault evidence collection kits analyzed by a forensic laboratory;
andPage 9, Line 12(III) The total number of sexual assault evidence collection kits pending analysis by a forensic laboratory; and
Page 9, Line 13(IV) The average amount of time between receipt of and completed analysis of sexual assault evidence collection kits.
Page 9, Line 14SECTION 5. In Colorado Revised Statutes, section 24-33.5-432,
Page 9, Line 15add as added by Senate Bill 25-170 (4)(d)(II.3) and (4)(d)(II.5) as follows:
Page 9, Line 1624-33.5-432. Appropriation - DNA retesting - sexual assault kit
Page 9, Line 17backlog - reporting requirements - definition. (4) The department of public safety shall:
Page 9, Line 18(d) Provide email updates every thirty days beginning March 10,
Page 9, Line 192025, through June 30, 2026, to the general assembly regarding the forensic medical evidence and sexual assault kit backlogs, which include:
Page 10, Line 1(II.3) The total number of cases with a pending DNA
Page 10, Line 2evidence sample collected with an attached, or independently submitted, sexual assault kit;
Page 10, Line 3(II.5) The total number of cases with a pending DNA
Page 10, Line 4evidence sample collected from a crime scene involving sexual assault but for which no sexual assault kit has been submitted;
Page 10, Line 5SECTION 6. Safety clause. The general assembly finds,
Page 10, Line 6determines, and declares that this act is necessary for the immediate
Page 10, Line 7preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 8the support and maintenance of the departments of the state and state institutions.