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, and, in connection
Page 1, Line 103therewith, making an 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 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 presumptive tests that
Page 2, Line 10should be confirmed by further laboratory testing as these presumptive
Page 2, Line 11tests identify only aspects of a chemical compound, many of
Page 2, Line 12which are shared by both controlled substances and common household
Page 2, Line 13items including sugar, sugar substitutes, items containing sugar or sugar
Page 2, Line 14substitutes, soap, coffee, nutritional supplements, and over-the-counter medications.
Page 2, Line 15(d) A recent study published by the Quattrone Center for the Fair
Page 3, Line 1Administration of Justice at the University of Pennsylvania Carey Law School states:
Page 3, Line 2(I) Presumptive field drug tests, like the colorimetric field drug
Page 3, Line 3test, "[are] one of the largest, if not the largest, known contributing factor to wrongful arrests and convictions in the United States";
Page 3, Line 4(II) Approximately "[thirty thousand] arrests each year involve
Page 3, Line 5people who do not possess illegal substances but who are nonetheless falsely implicated by color-based presumptive tests"; and
Page 3, Line 6(III) "On a per capita basis, Black Americans experience these
Page 3, Line 7erroneous drug arrests at a rate [three times] higher than White Americans";
Page 3, Line 8(e) Vendors of colorimetric field drug tests caution that the tests
Page 3, Line 9are recommended only for presumptive purposes absent confirmation from a crime lab that uses more advanced testing methods;
Page 3, Line 10(f) People regularly plead guilty to drug possession offenses
Page 3, Line 11absent confirmation from a crime lab that uses more advanced testing
Page 3, Line 12methods. A plea may be made to avoid prolonged detention while
Page 3, Line 13awaiting advanced testing results from a crime lab. Consequently, the
Page 3, Line 14plea and its collateral consequences burden the person indefinitely, based on the error-prone colorimetric field drug test.
Page 3, Line 15(g) Colorimetric field drug tests are also used in a variety of other
Page 3, Line 16settings in Colorado, including correctional systems, possibly resulting in
Page 3, Line 17unfair disciplinary sanctions. The extent of use in these settings is unknown.
Page 3, Line 18(2) Therefore, the general assembly declares that convening a
Page 3, Line 19working group to make findings and recommendations concerning the use
Page 3, Line 20of colorimetric field drug tests is necessary to improve judicial system
Page 4, Line 1outcomes, including preventing wrongful convictions, coercive plea agreements, and negative correctional outcomes.
Page 4, Line 2SECTION 2. In Colorado Revised Statutes, add part 24 to article 2 of title 2 as follows:
Page 4, Line 3PART 24
COLORIMETRIC FIELD DRUG TEST
Page 4, Line 4WORKING GROUP
Page 4, Line 52-2-2401. Colorimetric field drug test working group -
Page 4, Line 6creation - members - duties - report - repeal.
Page 4, Line 7(1) (a) Notwithstanding section 2-3-303.3, there is created the
Page 4, Line 8working group to make findings and recommendations
Page 4, Line 9concerning the use of colorimetric field drug tests in the various stages of criminal proceedings and in carceral settings.
Page 4, Line 10(b) (I) (A) On or beforeJune 13,2025, the director of the
Page 4, Line 11legislative council shall use a request for proposal process to
Page 4, Line 12contract with and designate a nonprofit organization to
Page 4, Line 13provide staffing and facilitate the performance of the working
Page 4, Line 14group's duties pursuant to this part 24, subject to the approval
Page 4, Line 15of the chairof the executive committee of the legislative council.
Page 4, Line 16(B) The duties required in this part 24 are contingent on
Page 4, Line 17awarding a contract and designating a nonprofit organization
Page 4, Line 18pursuant to this subsection (1)(b). If a contract is not awarded
Page 4, Line 19and a nonprofit organization is not designated to provide
Page 4, Line 20staffing and facilitate the performance of the working group's
Page 4, Line 21duties required pursuant to this part 24, then none of the
Page 4, Line 22provisions of this part 24 are required to occur.
Page 5, Line 1(II) It is the intent of the general assembly that no
Page 5, Line 2general fund money be appropriated for a contract with the
Page 5, Line 3nonprofit organization for the nonprofit organization to
Page 5, Line 4provide staffing and facilitate the performance of the working
Page 5, Line 5group's duties pursuant to this part 24. The nonprofit
Page 5, Line 6organization is solely responsible for the costs of providing the
Page 5, Line 7contracted services, providing staffing, and facilitating the
Page 5, Line 8performance of the working group's duties pursuant to this part
Page 5, Line 924. The nonprofit organization may accept monetary or in-kind
Page 5, Line 10gifts, grants, and donations to defray the costs of providing the
Page 5, Line 11contracted services, providing staffing, and facilitating the
Page 5, Line 12performance of the working group's duties pursuant to this part 24.
Page 5, Line 13(2) (a) The working group consists of:
Page 5, Line 14(I) One member of the majority party of the house of
Page 5, Line 15representatives, appointed by the speaker of the house of representatives, who shall serve as chair;
Page 5, Line 16(II) One memberof the minority party of the senate,
Page 5, Line 17appointed by the president of the senate, who shall serve as vice-chair;
Page 5, Line 18(III) One member of the house of representatives, appointed by the speaker of the house of representatives;
Page 5, Line 19(IV) The attorney general or their designee;
Page 5, Line 20(V) The director of the Colorado bureau of investigation or their designee;
Page 5, Line 21(VI) One member who represents an organization that
Page 5, Line 22works to exonerate people who were wrongfully convicted, appointed by the speaker of the house of representatives;
Page 6, Line 1(VII) The state public defender or their designee;
Page 6, Line 2(VIII) One member who represents the Colorado criminal
Page 6, Line 3defense bar, appointed by the speaker of the house of representatives;
Page 6, Line 4(IX) One member who represents the alternate defense
Page 6, Line 5counsel, appointed by the speaker of the house of representatives;
Page 6, Line 6(X) The executive director of the Colorado district attorneys' council or their designee;
Page 6, Line 7(XI) The president of the county sheriffs of Colorado or their designee;
Page 6, Line 8(XII) The president of the Colorado association of chiefs of police or their designee;
Page 6, Line 9(XIII) The president of the Colorado fraternal order of police or their designee;
Page 6, Line 10(XIV) The executive director of the department of corrections or their designee;
Page 6, Line 12(XV) One member who is an instructor at an institution of
Page 6, Line 13higher education in Colorado and has expert knowledge of, and
Page 6, Line 14research experience with, forensic science, appointed by the president of the senate;
Page 6, Line 15(XVI) One member who is a person who was impacted by a
Page 6, Line 16false positive test result from the use of a colorimetric field
Page 6, Line 17drug test, or their designee, appointed by the speaker of the
Page 6, Line 18house of representatives; and
Page 7, Line 1(XVII) One member who is a national expert on wrongful
Page 7, Line 2convictions caused by the use of colorimetric field drug tests, appointed by the speaker of the house of representatives.
Page 7, Line 3(b) The appointing authority shall make appointments to the working group no later than July 1, 2025.
Page 7, Line 4(c) Beginning in July of 2025, the working group shall meet
Page 7, Line 5three times using audio-visual communication technology and shall complete its duties no later than December 1, 2025.
Page 7, Line 6(d) Members serve at the pleasure of their respective
Page 7, Line 7appointing authorities. If a vacancy occurs, the appropriate
Page 7, Line 8appointing authority shall promptly appoint a new member who satisfies the membership requirement of the vacated seat.
Page 7, Line 9(e) Members serve without compensation but may be
Page 7, Line 10reimbursed for expenses directly relating to their service to the working group.
(3) The working group shall make:
Page 7, Line 12(a) Findings concerning the prevalence and circumstances
Page 7, Line 13when colorimetric field drug tests are used in the various stages of criminal proceedings and in carceral settings;
Page 7, Line 14(b) Findings concerning the potential harms that result
Page 7, Line 15from using colorimetric field drug tests in the various stages of
Page 7, Line 16criminal proceedings and in carceral settings, including the
Page 7, Line 17potential for unjust pretrial detention, coercive guilty pleas, and wrongful convictions;
Page 7, Line 18(c) Findings and recommendations for legislation or
Page 7, Line 19policy solutions to eliminate harms from the use of colorimetric
Page 8, Line 1field drug tests in the various stages of criminal proceedings and in carceral settings; and
Page 8, Line 2(d) Findings and recommendations for legislation or
Page 8, Line 3alternative policy solutions concerning using colorimetric
Page 8, Line 4field drug tests for presumptive purposes only in the various
Page 8, Line 5stages of criminal proceedings and in carceral settings,
Page 8, Line 6including collateral consequences, in order to prevent future harms.
Page 8, Line 7(4) The working group shall not recommend bill drafts as part of its recommendations.
Page 8, Line 8(5) The working group may collaborate with any person
Page 8, Line 9or entity that the working group deems appropriate to assist the
Page 8, Line 10working group in performing its duties pursuant to this section.
Page 8, Line 11A state entity that is requested to provide assistance to the
Page 8, Line 12working group in performing its duties shall assist the working
Page 8, Line 13group, to the extent the assistance provided by the state entity
Page 8, Line 14is consistent with the state entity's duties and law. At a
Page 8, Line 15minimum, the state entity must provide to the working group,
Page 8, Line 16upon request, any existing information regarding the
Page 8, Line 17prevalence and circumstances when colorimetric field drug
Page 8, Line 18tests are used and any existing policies concerning the use of colorimetric field drug tests.
Page 8, Line 19(6) On or before December 1, 2025, the working group
Page 8, Line 20shall report its findings and recommendations to the judiciary
Page 8, Line 21committees of the house of representatives and senate, or any
Page 8, Line 22successor committees. At a minimum, the report must include the
Page 8, Line 23working group's findings and recommendations required pursuant to subsection (3) of this section.
Page 9, Line 1(7) This section is repealed, effective July 1, 2026.
Page 9, Line 2SECTION 3. Appropriation. (1) For the 2025-26 state fiscal
Page 9, Line 3year, $1,008 is appropriated to the legislative department. This
Page 9, Line 4appropriation is from the general fund. To implement this act, the department may use this appropriation for the general assembly.
Page 9, Line 5SECTION 4. Safety clause. The general assembly finds,
Page 9, Line 6determines, and declares that this act is necessary for the immediate
Page 9, Line 7preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 8the support and maintenance of the departments of the state and state institutions.