A Bill for an Act
Page 1, Line 101Concerning the creation of a working group to study the use
Page 1, Line 102of colorimetric field drug tests.
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 working group to make findings and recommendations concerning the use of colorimetric field drug tests in the various stages of criminal proceedings and carceral settings. The bill specifies the working group's membership and appointing authority, as applicable. The working group is required to:
- Make findings concerning the prevalence of the administration of colorimetric field drug tests in Colorado and the potential harms that result from such administration;
- Make findings and recommendations for legislation or policy solutions for alternatives to administering colorimetric field drug tests, administering the tests for presumptive purposes only, and how to prevent future harms resulting from administering such tests; and
- On or before December 1, 2025, submit a report of its findings and recommendations to the judiciary committees of the house of representatives and the senate.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 2, Line 3(a) Each year, over 750,000 people in the United States are
Page 2, Line 4arrested for drug possession based upon colorimetric field drug test results;
Page 2, Line 5(b) A colorimetric field drug test is a small plastic pouch that
Page 2, Line 6contains a chemical reagent that reacts with aspects of certain compounds
Page 2, Line 7that are often found in drugs. The test is administered by placing a
Page 2, Line 8suspected controlled substance in the chemicals in the pouch to see if the chemical reagent changes to a specific color.
Page 2, Line 9(c) Colorimetric field drug test results are often inaccurate in the
Page 2, Line 10identification of controlled substances because they are incapable of
Page 2, Line 11identifying the specific chemical structure of a controlled substance.
Page 2, Line 12Rather, they identify only aspects of a chemical compound, many of
Page 2, Line 13which are shared by both controlled substances and common household
Page 2, Line 14items including sugar, sugar substitutes, items containing sugar or sugar
Page 2, Line 15substitutes, soap, coffee, nutritional supplements, and over-the-counter
Page 2, Line 16medications.
Page 3, Line 1(d) A recent study published by the Quattrone Center for the Fair
Page 3, Line 2Administration of Justice at the University of Pennsylvania Carey Law School states:
Page 3, Line 3(I) Presumptive field drug tests, like the colorimetric field drug
Page 3, Line 4test, "[are] one of the largest, if not the largest, known contributing factor to wrongful arrests and convictions in the United States";
Page 3, Line 5(II) Approximately "[thirty thousand] arrests each year involve
Page 3, Line 6people who do not possess illegal substances but who are nonetheless falsely implicated by color-based presumptive tests"; and
Page 3, Line 7(III) "On a per capita basis, Black Americans experience these
Page 3, Line 8erroneous drug arrests at a rate [three times] higher than White Americans";
Page 3, Line 9(e) Vendors of colorimetric field drug tests caution that the tests
Page 3, Line 10are recommended only for presumptive purposes absent confirmation from a crime lab that uses more advanced testing methods;
Page 3, Line 11(f) People regularly plead guilty to drug possession offenses
Page 3, Line 12absent confirmation from a crime lab that uses more advanced testing
Page 3, Line 13methods. A plea may be made to avoid prolonged detention while
Page 3, Line 14awaiting advanced testing results from a crime lab. Consequently, the
Page 3, Line 15plea and its collateral consequences burden the person indefinitely, based on the error-prone colorimetric field drug test.
Page 3, Line 16(g) Colorimetric field drug tests are also used in a variety of other
Page 3, Line 17settings in Colorado, including correctional systems, possibly resulting in
Page 3, Line 18unfair disciplinary sanctions. The extent of use in these settings is unknown.
Page 3, Line 19(2) Therefore, the general assembly declares that convening a
Page 3, Line 20working group to make findings and recommendations concerning the use
Page 4, Line 1of colorimetric field drug tests is necessary to improve judicial system
Page 4, Line 2outcomes, including preventing wrongful convictions, coercive plea agreements, and negative correctional outcomes.
Page 4, Line 3SECTION 2. In Colorado Revised Statutes, add part 24 to article 2 of title 2 as follows:
Page 4, Line 4PART 24
COLORIMETRIC FIELD DRUG TEST
Page 4, Line 5WORKING GROUP
Page 4, Line 62-2-2401. Colorimetric field drug test working group -
Page 4, Line 7creation - members - duties - report - repeal. (1) Notwithstanding
Page 4, Line 8section 2-3-303.3, there is created the working group to make
Page 4, Line 9findings and recommendations concerning the use of
Page 4, Line 10colorimetric field drug tests in the various stages of criminal proceedings and in carceral settings.
Page 4, Line 11(2) (a) The working group consists of:
Page 4, Line 12(I) One member of the house of representatives, appointed
Page 4, Line 13by the speaker of the house of representatives, who shall serve as chair;
Page 4, Line 14(II) One member of the senate, appointed by the president of the senate, who shall serve as vice-chair;
Page 4, Line 15(III) The attorney general or their designee;
Page 4, Line 16(IV) The director of the Colorado bureau of investigation or their designee;
Page 4, Line 17(V) One member who represents an organization that
Page 4, Line 18works to exonerate people who were wrongfully convicted, appointed by the speaker of the house of representatives;
Page 4, Line 19(VI) The state public defender or their designee;
Page 5, Line 1(VII) One member who represents the Colorado criminal
Page 5, Line 2defense bar, appointed by the speaker of the house of representatives;
Page 5, Line 3(VIII) One member who represents the alternate defense
Page 5, Line 4counsel, appointed by the speaker of the house of representatives;
Page 5, Line 5(IX) The executive director of the Colorado district attorneys' council or their designee;
Page 5, Line 6(X) The president of the county sheriffs of Colorado or their designee;
Page 5, Line 7(XI) The president of the Colorado association of chiefs of police or their designee;
Page 5, Line 8(XII) The executive director of the department of corrections or their designee;
Page 5, Line 9(XIII) One member who represents the Colorado civil rights commission, appointed by the president of the senate;
Page 5, Line 10(XIV) One member who is an instructor at an institution
Page 5, Line 11of higher education in Colorado and has expert knowledge of,
Page 5, Line 12and research experience with, forensic science, appointed by the president of the senate;
Page 5, Line 13(XV) One member who was formerly incarcerated for a
Page 5, Line 14drug possession conviction that occurred in Colorado, appointed by the speaker of the house of representatives; and
Page 5, Line 15(XVI) One member who is a national expert on wrongful
Page 5, Line 16convictions caused by the use of colorimetric field drug tests, appointed by the speaker of the house of representatives.
Page 5, Line 17(b) The appointing authority shall make appointments to the working group no later than July 1, 2025.
Page 6, Line 1(c) Beginning in July of 2025, the working group shall meet
Page 6, Line 2at least monthly and shall complete its duties no later than December 1, 2025.
Page 6, Line 3(d) Members serve at the pleasure of their respective
Page 6, Line 4appointing authorities. If a vacancy occurs, the appropriate
Page 6, Line 5appointing authority shall promptly appoint a new member who satisfies the membership requirement of the vacated seat.
Page 6, Line 6(e) Members serve without compensation but may be
Page 6, Line 7reimbursed for expenses directly relating to their service to the working group.
Page 6, Line 8(f) The legislative council staff and the office of
Page 6, Line 9legislative legal services shall assist the working group in performing and completing its duties pursuant to this section.
Page 6, Line 10(3) The working group shall make:
Page 6, Line 11(a) Findings concerning the prevalence and circumstances
Page 6, Line 12when colorimetric field drug tests are used in the various stages of criminal proceedings and in carceral settings;
Page 6, Line 13(b) Findings concerning the potential harms that result
Page 6, Line 14from using colorimetric field drug tests in the various stages of
Page 6, Line 15criminal proceedings and in carceral settings, including the
Page 6, Line 16potential for unjust pretrial detention, coercive guilty pleas, and wrongful convictions;
Page 6, Line 17(c) Findings and recommendations for legislation or
Page 6, Line 18policy solutions concerning alternatives to using colorimetric
Page 6, Line 19field drug tests in the various stages of criminal proceedings
Page 6, Line 20and in carceral settings; and
Page 7, Line 1(d) Findings and recommendations for legislation or
Page 7, Line 2alternative policy solutions concerning using colorimetric
Page 7, Line 3field drug tests for presumptive purposes only in the various
Page 7, Line 4stages of criminal proceedings and in carceral settings,
Page 7, Line 5including collateral consequences, in order to prevent future harms.
Page 7, Line 6(4) The working group shall not recommend bill drafts as part of its recommendations.
Page 7, Line 7(5) The working group may collaborate with any person
Page 7, Line 8or entity that the working group deems appropriate to assist the
Page 7, Line 9working group in performing its duties pursuant to this section.
Page 7, Line 10A state entity that is requested to provide assistance to the
Page 7, Line 11working group in performing its duties shall assist the working
Page 7, Line 12group, to the extent the assistance provided by the state entity
Page 7, Line 13is consistent with the state entity's duties and law. At a
Page 7, Line 14minimum, the state entity must provide to the working group,
Page 7, Line 15upon request, any existing information regarding the
Page 7, Line 16prevalence and circumstances when colorimetric field drug
Page 7, Line 17tests are used and any existing policies concerning the use of colorimetric field drug tests.
Page 7, Line 18(6) On or before December 1, 2025, the working group
Page 7, Line 19shall report its findings and recommendations to the judiciary
Page 7, Line 20committees of the house of representatives and senate, or any
Page 7, Line 21successor committees. At a minimum, the report must include the
Page 7, Line 22working group's findings and recommendations required pursuant to subsection (3) of this section.
Page 7, Line 23(7) This section is repealed, effective July 1, 2026.
Page 8, Line 1SECTION 3. Safety clause. The general assembly finds,
Page 8, Line 2determines, and declares that this act is necessary for the immediate
Page 8, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 4the support and maintenance of the departments of the state and state institutions.