June 19, 2019

HB 13-1020: Developing Standards and Protocols for Collection and Processing of Evidence of Sexual Assault

On January 9, 2013, Rep. Frank McNulty and Sen. Ellen Roberts introduced HB 13-1020 – Concerning Evidence Collected in Connection with a Sexual Assault. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the executive director of the department of public safety to adopt rules concerning forensic medical evidence of a sexual assault (forensic evidence) collected by law enforcement agencies. The rules shall include:

  • Standards for when forensic evidence must be submitted by law enforcement agencies to the Colorado bureau of investigation or another accredited crime laboratory (laboratory); and
  • Time frames for when the forensic evidence must be submitted, analyzed, and compared to DNA databases.

The bill requires the consent of the victim prior to the release of forensic evidence following disclosure of the purpose for the release and allows the victim to withdraw consent.

To resolve the backlog of unanalyzed forensic evidence, the bill requires:

  • Law enforcement agencies to submit to the Colorado bureau of investigation (CBI) an inventory of all unanalyzed forensic evidence in active investigations that meets the standard for mandatory submission; and
  • The CBI to submit a plan to analyze all of the forensic evidence inventories by law enforcement agencies.

A law enforcement agency may develop its own plan to analyze forensic evidence if the evidence will be analyzed by June 30, 2014. The bill is assigned to the Judiciary and Appropriations Committees.

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