Senate Bill 25-304 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning measures to address the sexual assault kit

• Page 1, Line 102testing backlog, and, in connection therewith, making

• Page 1, Line 103an appropriation.

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 2 SECTION 1.  In Colorado Revised Statutes, add part 14 to article 31 of title 24 as follows:

• Page 2, Line 3PART 14

• COLORADO SEXUAL ASSAULT

• Page 2, Line 4FORENSIC MEDICAL EVIDENCE REVIEW BOARD

• Page 2, Line 524-31-1401.  Colorado sexual assault forensic medical evidence

• Page 2, Line 6review board - creation - membership - duties - report - definitions

• Page 2, Line 7- repeal. (1)  As used in this section, unless the context otherwise requires:

• Page 2, Line 8(a)  "Department" means the department of law.

• Page 2, Line 9(b)  "Review board" means the Colorado sexual assault

• Page 2, Line 10forensic medical evidence review board, established in subsection (2) of this section.

• Page 2, Line 11(2)  The Colorado sexual assault forensic medical

• Page 2, Line 12evidence review board is established in the department to carry

• Page 2, Line 13out the duties described in subsection (6) of this section and

• Page 2, Line 14submit the report described in subsection (7) of this section.

• (3)  The board consists of:

• Page 3, Line 1(a)  The attorney general, or their designee, who is the chair of the review board;

• Page 3, Line 2(b)  The executive director of the Colorado district attorneys' council or their designee;

• Page 3, Line 3(c)  The following members, appointed by the attorney general:

• Page 3, Line 4(I)  A representative of a statewide nonprofit organization

• Page 3, Line 5that offers training and expert advice to sexual assault programs;

• Page 3, Line 6(II)  A representative of a statewide nonprofit

• Page 3, Line 7organization that provides legal assistance to victims of sexual assault;

• Page 3, Line 8(III)  A representative of a statewide organization that

• Page 3, Line 9provides training and technical assistance for medical forensic exams;

• Page 3, Line 10(IV)  A representative of a statewide association of chiefs of police;

• Page 3, Line 11(V)  A representative of a statewide association of sheriffs;

• Page 3, Line 12(VI)  Three representatives from organizations that

• Page 3, Line 13provide services or advocate for communities that experience disproportionate rates of sexual assault; and

• Page 3, Line 14(VII)  Up to three members, at the discretion of the

• Page 3, Line 15attorney general, whose contributions the attorney general

• Page 3, Line 16determines would be valuable to the work of the review board;

• Page 3, Line 17and

• (d)  The following members, appointed by the governor:

• Page 4, Line 1(I)  A representative of the division of criminal justice in

• Page 4, Line 2the department of public safety who has oversight of the

• Page 4, Line 3statewide sexual assault evidence collection kit tracking system created in section 24-33.5-113.5; and

• Page 4, Line 4(II)  A representative of the division of criminal justice in

• Page 4, Line 5the department of public safety who has oversight of federal and state victim service funding and victim rights compliance.

• Page 4, Line 6(4) (a)  The attorney general and governor shall appoint the members to the review board on or before August 1, 2025.

• Page 4, Line 7(b)  The attorney general is strongly encouraged to

• Page 4, Line 8appoint review board members who represent as fully as possible

• Page 4, Line 9Colorado's diversity with regard to race, ethnicity, disability status, sexual orientation, and geography.

• Page 4, Line 10(c)  Except for the attorney general and director of the

• Page 4, Line 11Colorado district attorneys' council, or their designees, review

• Page 4, Line 12board members serve four-year terms and are eligible for

• Page 4, Line 13reappointment no more than two times at the expiration of a four-year term.

• Page 4, Line 14(d)  Review board members serve without compensation but

• Page 4, Line 15may receive per diem and reimbursement for costs, subject to the availability of funds.

• Page 4, Line 16(e)  The appointing authority shall appoint a member to fill a vacancy, as necessary.

• Page 4, Line 17(5)  The review board shall convene on or before August

• Page 4, Line 181, 2025, and shall meet thereafter as determined necessary by

• Page 4, Line 19the review board.

• (6)  The review board shall:

• Page 5, Line 1(a)  Review and monitor the effectiveness of the current

• Page 5, Line 2protocols, standards, and training practices for the medical,

• Page 5, Line 3law enforcement, and criminal-legal system response to sexual assault;

• Page 5, Line 4(b)  Develop recommendations to improve specific

• Page 5, Line 5protocols, standards, and training practices for the medical,

• Page 5, Line 6law enforcement, and criminal-legal system response to sexual assault;

• Page 5, Line 7(c)  Ensure victim-centered implementation of provisions

• Page 5, Line 8regarding medical forensic exams for victims of sexual assault

• Page 5, Line 9in the federal "Violence Against Women Act of 1994", title IV of

• Page 5, Line 10Pub. L. 103-322, including provisions in reauthorizations of the

• Page 5, Line 11federal act, and state law provisions for forensic medical exams;

• Page 5, Line 12(d)  Provide ongoing review of data and information

• Page 5, Line 13regarding the needs, priorities, and services for responding to sexual assault throughout the state;

• Page 5, Line 14(e)  Monitor the effectiveness of laws concerning sexual

• Page 5, Line 15assault and make recommendations to the general assembly to improve their effectiveness; and

• Page 5, Line 16(f)  Make recommendations to the general assembly

• Page 5, Line 17concerning the response to sexual assault, including medical

• Page 5, Line 18forensic evidence, law enforcement reporting, and victim experience.

• Page 5, Line 19(7) (a) (I)  On or before December 15, 2025, the review board

• Page 5, Line 20shall submit a preliminary report to the general assembly. The

• Page 6, Line 1preliminary report must include the review board's recommendations described in subsection (6) of this section.

• Page 6, Line 2(II)  This subsection (7)(a) is repealed, effective June 30, 2027.

• Page 6, Line 3(b) (I)  On or before November 1, 2026, and on or before

• Page 6, Line 4each November 1 thereafter, the review board shall submit a

• Page 6, Line 5report to the general assembly. The report must include the

• Page 6, Line 6review board's recommendations described in subsection (6) of this section.

• Page 6, Line 7(II)  Notwithstanding section 24-1-136 (11)(a)(I), the

• Page 6, Line 8requirement to submit the report described in this subsection(7)(b) continues indefinitely.

• Page 6, Line 9SECTION 2.  In Colorado Revised Statutes, 24-4.1-302.5, add (1)(b.8)(II.5) as follows:

• Page 6, Line 1024-4.1-302.5.  Rights afforded to victims - definitions. (1)  In

• Page 6, Line 11order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:

• Page 6, Line 12(b.8)  For a victim who has had forensic medical evidence

• Page 6, Line 13collected pursuant to section 12-240-139 (1)(b) that has not resulted in a

• Page 6, Line 14conviction or plea of guilty, the right to be notified by the law

• Page 6, Line 15enforcement agency with jurisdiction for the case upon request, of the status and location of the victim's forensic medical evidence including:

• Page 6, Line 16(II.5)  Notwithstanding subsection (1)(b.8)(II) of this

• Page 6, Line 17section, the right to be notified every ninety days by the law

• Page 6, Line 18enforcement agency when the law enforcement agency has not

• Page 6, Line 19yet received the results of the medical forensic evidence DNA

• Page 6, Line 20analysis from the accredited crimelaboratory. A law

• Page 7, Line 1enforcement agency complies with this subsection (1)(b.8)(II.5) by

• Page 7, Line 2notifying all victims required to be notified at the same time

• Page 7, Line 3during the first week of each of March, June, September, and December.

• Page 7, Line 4SECTION 3.  In Colorado Revised Statutes, 24-33.5-113, add (6) as follows:

• Page 7, Line 524-33.5-113.  Forensic medical evidence in sexual assault cases

• Page 7, Line 6- rules - testing - confidentiality - definition. (6) (a)  Upon submission

• Page 7, Line 7of forensic medical evidence to an accredited crime laboratory,

• Page 7, Line 8the accredited crime laboratory must endeavor, subject to

• Page 7, Line 9available capacity, funding, and personnel, to analyze and,

• Page 7, Line 10when appropriate, upload the information into the combined

• Page 7, Line 11DNA index system within sixty days after receipt of the forensic medical evidence.

• Page 7, Line 12(b)  As used in this subsection (6), "accredited crime

• Page 7, Line 13laboratory" means a law enforcement crime laboratory that

• Page 7, Line 14has received forensic accreditation through ISO/IEC 17025 requirements.

• Page 7, Line 15SECTION 4.  In Colorado Revised Statutes, 24-33.5-113.5, amend (4)(a) introductory portion as follows:

• Page 7, Line 1624-33.5-113.5.  Forensic medical evidence in sexual assault

• Page 7, Line 17cases - tracking system. (4) (a)  On or after January 30, 2026, and on or

• Page 7, Line 18before January 30 and July 31 of each year thereafter, the executive

• Page 7, Line 19director of the department shall submit a report to the judiciary

• Page 7, Line 20committees of the house of representatives and senate, or any successor

• Page 7, Line 21committees every member of the general assembly, including the

• Page 7, Line 22following information from the preceding calendar year period of July

• Page 8, Line 11 through December 31 or January 1 through June 30, as applicable:

• Page 8, Line 3SECTION 5.  In Colorado Revised Statutes, section 24-33.5-432, amend as added by Senate Bill 25-170 (4)(c) and (4)(d) as follows:

• Page 8, Line 424-33.5-432. Appropriation - DNA retesting - sexual assault kit

• Page 8, Line 5backlog - reporting requirements - definition. (4)  The department of public safety shall:

• Page 8, Line 6 (c) (I)  Design and implement, within ninety days after the

• Page 8, Line 7effective date of this section, a public-facing dashboard on the department

• Page 8, Line 8of public safety's website that provides reports on the forensic medical

• Page 8, Line 9evidence and sexual assault kit DNA evidence backlogs, including the:

• Page 8, Line 10total caseload numbers subject to the backlog, total fiscal year caseload

• Page 8, Line 11numbers subject to the backlog, the number of forensic medical evidence

• Page 8, Line 12tests and sexual assault kit tests completed in the previous thirty days, the

• Page 8, Line 13number of new cases received within the previous thirty days, and the

• Page 8, Line 14current average turnaround times to conduct a forensic medical evidence

• Page 8, Line 15test or a sexual assault kit test. The department shall update the dashboard at least every thirty days.

• Page 8, Line 16(A)  Total caseload numbers subject to the backlog;

• Page 8, Line 17(B)  Total fiscal year caseload numbers subject to the backlog;

• Page 8, Line 18(C)  Total number of cases with pending DNA evidence tests;

• Page 8, Line 19(D)  Total number of sexual assault cases;

• Page 8, Line 20(E)  Total number of cases with a pending DNA evidence

• Page 8, Line 21sample collected with attached or independently submitted forensic medical evidence;

• Page 9, Line 1(F)  Total of number of cases with a pending DNA evidence

• Page 9, Line 2sample collected from a crime scene involving sexual assault for which no forensic medical evidence has been submitted;

• Page 9, Line 3(G)  Current average turnaround time for a DNA evidence test;

• Page 9, Line 4(H)  Current average turnaround time for a forensic medical evidence test;

• Page 9, Line 5(I)  Total number of tests that the Colorado bureau of investigation has completed in the previous thirty days;

• Page 9, Line 6(J)  Total number of tests that laboratories with which

• Page 9, Line 7the Colorado bureau of investigation has contracted have completed in the previous thirty days;

• Page 9, Line 8(K)  Total number of new DNA tests and forensic medical evidence tests received within the previous thirty days;

• Page 9, Line 9(L)  Anticipated timeline for the Colorado bureau of

• Page 9, Line 10investigation to achieve an average ninety-day turnaround time for forensic medical evidence tests;

• Page 9, Line 11(M)  Information concerning the Colorado bureau of investigation's lab analyst staffing levels; and

• Page 9, Line 12(N)  The information required pursuant to section 24-33.5-113.5 (4).

• Page 9, Line 13(II)  The department shall update the dashboard at least every thirty days.

• Page 9, Line 14(d)  Provide email updates every thirty days beginning March 10,

• Page 9, Line 152025, through June 30, 2026, to the general assembly regarding the

• Page 9, Line 16forensic medical evidence and sexual assault kit backlogs, which include:

• Page 10, Line 1(I)  The total number of cases with pending forensic medical

• Page 10, Line 2evidence tests; The information required pursuant to subsection (4)(c) of this section; and

• Page 10, Line 3(II)  The total number of cases with pending sexual assault kit

• Page 10, Line 4tests; Information or updates on difficulties contracting with

• Page 10, Line 5external labs that may affect the bureau's anticipated testing

• Page 10, Line 6capacity, volume, turnaround expectations, or other

• Page 10, Line 7information explaining why the results vary from the projected

• Page 10, Line 8caseload timeline reflected in the February 10, 2025, bureau whitepaper document provided to the general assembly.

• Page 10, Line 9(III)  The current average turnaround time for a forensic medical test;

• Page 10, Line 10(IV)  The current average turnaround time for a sexual assault kit test;

• Page 10, Line 11(V)  The number of tests the bureau's internal lab has completed in the previous thirty days;

• Page 10, Line 12(VI)  The number of tests external contracted labs have completed in the previous thirty days;

• Page 10, Line 13(VII)  The anticipated timeline for the bureau to achieve an average ninety-day turnaround time for sexual assault kit tests;

• Page 10, Line 14(VIII)  Updates on the bureau's lab analyst staffing levels; and

• Page 10, Line 15(IX)  Information or updates on difficulties contracting with

• Page 10, Line 16external labs that may affect the bureau's anticipated testing capacity,

• Page 10, Line 17volume, turnaround expectations, or other information explaining why the

• Page 10, Line 18results vary from the projected caseload timeline reflected in the February 10, 2025, bureau whitepaper document provided to the general assembly.

• Page 10, Line 19SECTION 6.  Appropriation. For the 2025-26 state fiscal year,

• Page 11, Line 1$39,938 is appropriated to the department of law for use by the

• Page 11, Line 2administration division. This appropriation is from the general fund and

• Page 11, Line 3is based on an assumption that the division will require an additional 0.5

• Page 11, Line 4FTE. To implement this act, the division may use this appropriation for personal services.

• Page 11, Line 5SECTION 7.  Safety clause. The general assembly finds,

• Page 11, Line 6determines, and declares that this act is necessary for the immediate

• Page 11, Line 7preservation of the public peace, health, or safety or for appropriations for

• Page 11, Line 8the support and maintenance of the departments of the state and state institutions.