2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 1 - DEPARTMENT OF PUBLIC SAFETY (§§ 24-33.5-101 — 24-33.5-120) › Section 24-33.5-113.5 - Forensic medical evidence in sexual assault cases - tracking system

(1)
The department shall develop and maintain a confidential and secure statewide system, referred to in this section as "system", for victims of alleged sexual assault to monitor the status and location of their sexual assault evidence collection kit. The system must be operational by June 30, 2025. The department shall maintain and operate the system.
(2)
(a)
(I)
If the victim of an alleged sexual assault consents to analysis of the victim's forensic medical evidence examination, the system must track the location, date, and time of the following relevant stages:
(A)
Forensic medical evidence examination;
(B)
Possession of their sexual assault evidence collection kit by a law enforcement agency for storage;
(C)
Possession of the victim's sexual assault evidence collection kit by a forensic laboratory for analysis;
(D)
Completion of the forensic laboratory's analysis of the victim's sexual assault evidence collection kit; and
(E)
Earliest anticipated date of destruction of the evidence obtained from the victim's forensic medical evidence examination.
(II)
If the victim of an alleged sexual assault does not consent to having the evidence obtained from the victim's forensic medical evidence examination analyzed, the relevant stages of analysis include:
(A)
Forensic medical evidence examination;
(B)
Possession of the victim's sexual assault evidence collection kit by a law enforcement agency for storage; and
(C)
Earliest anticipated date of destruction of the evidence obtained from the victim's forensic medical evidence examination.
(b)
The system must provide victims of an alleged sexual assault with information concerning:
(I)
Financial assistance and compensation programs for victims of sexual assault;
(II)
Up-to-date statutory and regulatory information concerning victims of an alleged sexual assault;
(III)
Deadlines regarding the processing, custody, analysis, and destruction of evidence obtained from forensic medical examinations;
(IV)
How a victim of alleged sexual assault may object to the destruction of forensic medical evidence pursuant to section
24-4.1-303
;
(V)
Contact information for the system's administrator and for the law enforcement agency storing evidence obtained from the victim of alleged sexual assault's forensic medical evidence examination; and
(VI)
Community-based resources and services for victims of sexual assault.
(3)
(a)
Every state or local law enforcement agency, medical facility, crime laboratory, or other person or entity that supplies or performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical evidence examinations, shall participate in the system.
(b)
The federal bureau of investigation, a tribal law enforcement agency located in Colorado, or a federal Indian health service located in Colorado that supplies forensic medical evidence examinations, performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical examinations may participate in the system.
(4)
(a)
On or after January 30, 2026, and on or before January 30 of each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the house of representatives and senate, or any successor committees, including the following information from the preceding calendar year:
(I)
The number of sexual assault evidence collection kits reported into the system, in total and disaggregated by the type of report;
(II)
The total number of sexual assault evidence collection kits analyzed by a forensic laboratory; and
(III)
The total number of sexual assault evidence collection kits pending analysis by a forensic laboratory.
(b)
The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of an individual's information.
(c)
Notwithstanding the requirement in section
24-1-136 (11)(a)(I)
, the requirement to submit the report required in this subsection (4) continues indefinitely.
(5)
The department shall consult with the office of liaison for missing and murdered indigenous relatives to make recommendations to ensure the system developed pursuant to this section is accessible to victims of alleged sexual assault in a tribal jurisdiction.
(6)
For the 2023-24 state fiscal year, the general assembly shall appropriate seven hundred forty-four thousand three hundred fifty-one dollars from the Colorado crime victim services fund, created pursuant to section
24-33.5-505.5
, to the department for the purpose of developing and maintaining the system pursuant to this section.
Added by 2023 Ch. 263,§ 1, eff. 5/25/2023.