House Bill 25-1138 Revised

A Bill for an Act

• Page 1, Line 101Concerning evidentiary requirements to protect victims of

• Page 1, Line 102sexual misconduct in civil suits.

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.)

Under current law, certain evidence of a victim's prior or subsequent sexual conduct is presumed irrelevant and inadmissible in a civil proceeding, but there is an exception for evidence of the victim's prior or subsequent sexual conduct with the defendant. The bill eliminates this exception.

The bill prohibits the admission of evidence of the victim's manner of dress, hairstyle, speech, or lifestyle as evidence of the victim's consent, credibility, or the existence or extent of damages or harm.

The bill requires that the party moving to admit evidence presumed irrelevant must raise the issue at a pretrial conference and make a prima facie showing that the evidence is relevant for an admissible reason and that discovery is likely to rebut the presumption of inadmissibility. The court is required to allow the nonmoving party to object. If the court allows discovery, the court must issue a protective order that limits the scope of discovery to relevant issues and protect against unwarranted, irrelevant, or overly broad discovery into the alleged victim's sexual conduct or history.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 13-25-138, amend

• Page 2, Line 3(1), (2) introductory portion, (3)(a), and (3)(b); and add (1.5) and (3)(a.5) as follows:

• Page 2, Line 413-25-138.  Victim's prior sexual conduct history - evidentiary

• Page 2, Line 5hearing - victim's identity - protective order. (1)  Evidence of specific

• Page 2, Line 6instances of the victim's prior or subsequent sexual conduct, opinion

• Page 2, Line 7evidence of the victim's sexual conduct, and reputation evidence of the

• Page 2, Line 8victim's sexual conduct is presumed irrelevant and is not admissible in a

• Page 2, Line 9civil proceeding involving alleged sexual misconduct except for

• Page 2, Line 10evidence of specific instances of sexual activity showing the

• Page 2, Line 11source or origin of semen or any similar evidence of sexual

• Page 2, Line 12intercourse offered for the purpose of showing that the alleged act was not committed by the defendant.

• Page 2, Line 13(a)  Evidence of the victim's prior or subsequent sexual conduct with the defendant;

• Page 2, Line 14(b)  Evidence of specific instances of sexual activity showing the

• Page 2, Line 15source or origin of semen, pregnancy, disease, or any similar evidence of

• Page 2, Line 16sexual intercourse offered for the purpose of showing that the act or acts alleged were or were not committed by the defendant.

• Page 3, Line 1(1.5)  Evidence of the victim's manner of dress, hairstyle,

• Page 3, Line 2mode or manner of speech, or lifestyle at the time of, prior to, or

• Page 3, Line 3subsequent to the alleged offense is not admissible as evidence

• Page 3, Line 4of the victim's consent, credibility, or the existence or extent of damages or harm.

• Page 3, Line 5(2)  If a party intends to offer evidence under subsection (1)(a) or

• Page 3, Line 6(1)(b) pursuant to subsection (1) or (1.5) of this section, or

• Page 3, Line 7introduce a witness from whom the evidence is intended to be elicited, the party shall:

• Page 3, Line 8(3) (a) (I)  Before admitting evidence under this section, the court

• Page 3, Line 9shall conduct an in camera hearing and provide the alleged victim and

• Page 3, Line 10parties a right to attend and be heard. Unless the court orders otherwise,

• Page 3, Line 11the motion, related materials, and the hearing record are confidential. A

• Page 3, Line 12party making a motion under this section shall state in the caption that the

• Page 3, Line 13motion is confidential. Before admitting evidence pursuant to this

• Page 3, Line 14section, the party making a motion to admit the evidence shall

• Page 3, Line 15raise the issue at a conference pursuant to rule 16 or 16.1 of the

• Page 3, Line 16Colorado rules of civil procedure. At the conference, the

• Page 3, Line 17moving party must make a prima facie showing that the evidence

• Page 3, Line 18is relevant for an admissible reason and that discovery is likely

• Page 3, Line 19to rebut the presumption against inadmissibility. The court shall provide the objecting party, if any, the opportunity be heard.

• Page 3, Line 20(II)  The court may permit discovery only if the moving

• Page 3, Line 21party makes a prima facie showing that the evidence is relevant

• Page 3, Line 22for an admissible reason and that discovery is likely to rebut

• Page 3, Line 23the presumption against inadmissibility. If the court permits

• Page 4, Line 1discovery, the court shall issue a comprehensive protective

• Page 4, Line 2order that limits the scope of discovery to relevant issues and

• Page 4, Line 3protects against unwarranted, irrelevant, or overly broad discovery into the alleged victim's sexual conduct or history.

• Page 4, Line 4(III)  The court must issue an order prohibiting discovery

• Page 4, Line 5into evidence presumed inadmissible pursuant to this section if

• Page 4, Line 6neither party raises the issue at a conference pursuant to rule

• Page 4, Line 716 or 16.1 of the Colorado rules of civil procedure or if the

• Page 4, Line 8moving party fails to make a prima facie showing that the

• Page 4, Line 9evidence is relevant for an admissible reason and that

• Page 4, Line 10discovery is likely to rebut the presumption against inadmissibility.

• Page 4, Line 11(a.5)  Before admitting evidence pursuant to this section,

• Page 4, Line 12the court shall conduct an in camera hearing and provide the

• Page 4, Line 13alleged victim the right to attend and be heard. The motion,

• Page 4, Line 14related materials, and the hearing record are confidential. A

• Page 4, Line 15party making a motion pursuant to this section shall state in the

• Page 4, Line 16caption that the motion is confidential. After the conclusion of

• Page 4, Line 17the in camera hearing, if a party makes a motion to make the

• Page 4, Line 18related materials or hearing record public, the party's motion must not disclose any confidential information.

• Page 4, Line 19(b)  At the conclusion of the hearing, if the court finds that the

• Page 4, Line 20evidence proposed to be offered regarding the sexual conduct of the

• Page 4, Line 21victim is relevant to a material issue to the case and that its probative

• Page 4, Line 22value substantially outweighs the probability that its

• Page 4, Line 23admission will create an unfair prejudice or invasion of privacy,

• Page 4, Line 24the court shall order that evidence may be introduced and prescribe the

• Page 5, Line 1nature of the evidence or questions to be permitted. The moving party may then offer evidence pursuant to the order of the court.

• Page 5, Line 2SECTION 2.  Effective date - applicability. This act takes effect July 1, 2025, and applies to proceedings occurring on or after said date.

• Page 5, Line 3SECTION 3.  Safety clause. The general assembly finds,

• Page 5, Line 4determines, and declares that this act is necessary for the immediate

• Page 5, Line 5preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 6the support and maintenance of the departments of the state and state institutions.