House Bill 26-1040 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the sterilization rights of a person with

• Page 1, Line 102intellectual and developmental disabilities.

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 requires a person with an intellectual and developmental disability (person) to receive counseling on the long-term impacts of sterilization and the less intrusive means available to prevent pregnancy before the person consents to sterilization. The counseling must take place regardless of whether the person is deemed competent to give consent.

The bill prohibits sterilization against the person's will, regardless of whether the person is deemed competent to consent, unless maintaining fertility or a pregnancy would pose an imminent threat to the life or health of the person.

The bill requires a petition for court-ordered sterilization to include a statement that the person has received counseling on the long-term impacts of sterilization and the less intrusive means available to prevent pregnancy.

If a person expresses a desire to the court to maintain fertility and does not want to undergo sterilization, the bill prohibits a court from ordering sterilization unless sterilization is necessary to preserve the life or health of the person.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 25.5-10-231, amend

• Page 2, Line 3(4); and add (1.5) as follows:

• Page 2, Line 425.5-10-231.  Sterilization rights.

• Page 2, Line 5(1.5)  A person with an intellectual and developmental

• Page 2, Line 6disability must receive counseling on the long-term impacts of

• Page 2, Line 7sterilization and the less intrusive measures available for

• Page 2, Line 8preventing pregnancy to ensure informed decision-making.

• Page 2, Line 9Counseling must take place before the person with an

• Page 2, Line 10intellectual and developmental disability consents and must

• Page 2, Line 11occur regardless of the person's competency.

• Page 2, Line 12(4)  No A person with an intellectual and developmental disability

• Page 2, Line 13who is over eighteen years of age old and has the capacity to participate

• Page 2, Line 14in the decision-making process regarding sterilization shall not be

• Page 2, Line 15sterilized in the absence of the person's informed consent. No A minor

• Page 2, Line 16with an intellectual and developmental disabilitymay shall

• Page 2, Line 17not be sterilized without a court order pursuant to section 25.5-10-233.

• Page 2, Line 18A person with an intellectual and developmental disability

• Page 2, Line 19shall not be sterilized against the person's will, regardless of

• Page 3, Line 1the person's competency, unless maintaining fertility or a

• Page 3, Line 2pregnancy would pose an imminent threat to the life or health

• Page 3, Line 3of the person.

• Page 3, Line 4SECTION 2.  In Colorado Revised Statutes, 25.5-10-233, amend

• Page 3, Line 5(1) introductory portion; and add (1)(g) and (7) as follows:

• Page 3, Line 625.5-10-233.  Court-ordered sterilization.

• Page 3, Line 7(1)  A person with an intellectual and developmental disability

• Page 3, Line 8who has been determined to be incompetent to give consent, the person's

• Page 3, Line 9legal guardian, or the parents of a minor with an intellectual and

• Page 3, Line 10developmental disability may petition the court to hold a hearing to

• Page 3, Line 11determine whether said the person should be ordered to be sterilized. The

• Page 3, Line 12petition shall must set forth the following:

• Page 3, Line 13(g)  A statement that the person with an intellectual and

• Page 3, Line 14developmental disability has received counseling on the

• Page 3, Line 15long-term impacts of sterilization and the less intrusive

• Page 3, Line 16measures available for preventing pregnancy.

• Page 3, Line 17(7)  If a person with an intellectual and developmental

• Page 3, Line 18disability expresses a desire to maintain fertility pursuant to

• Page 3, Line 19subsection (6)(b) of this section, the court shall not order

• Page 3, Line 20sterilization unless sterilization is necessary to preserve the

• Page 3, Line 21life or health of the person.

• Page 3, Line 22SECTION 3.  Safety clause. The general assembly finds,

• Page 3, Line 23determines, and declares that this act is necessary for the immediate

• Page 3, Line 24preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 25the support and maintenance of the departments of the state and state

• Page 3, Line 26institutions.