SB 26-95

Senate Bill 26-95, which has been signed into law in Colorado, aims to support victims of crimes by ensuring they receive clear information about medical forensic examinations and their results. It also protects individuals who report sexual harassment or misconduct from being forced into arbitration and prevents them from waiving their right to join a class action lawsuit. Additionally, the bill allows forensic scientists to testify remotely in criminal cases and provides training for police officers on how to handle trauma victims more effectively. This law will affect medical professionals, legal practitioners, and law enforcement agencies involved with crime victims. Since it has been signed into law, its provisions are now enforceable in Colorado.

Official Summary

The act requires a licensee, nurse, or certified midwife who performs a medical forensic examination to inform the victim-survivor about how to determine when the testing related to the examination is complete and how to obtain the results and records.     The act subjects a cause of action against a person arising from any protected statement by a victim-survivor to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim.     The act makes a predispute arbitration agreement and predispute joint-action waiver void and unenforceable upon request of an individual who alleges conduct that results in a sexual harassment dispute or a sexual misconduct dispute or upon request of a named representative of a joint action, class action, or collective action that results in a sexual harassment dispute or a sexual misconduct dispute.     The act requires a judge to allow a forensic scientist to testify remotely in a criminal proceeding if a party requests and both parties consent to the remote testimony.     The act authorizes the court to order that the testimony of a victim-survivor of domestic violence, unlawful sexual behavior, stalking, human trafficking for involuntary servitude, or human trafficking for sexual servitude be taken in a room other than the courtroom and be televised by closed-circuit television in the courtroom under certain circumstances.     The act requires peace officer annual in-service training programs to include a 2-hour training to improve a peace officer's understanding of the impact of trauma on victim-survivors of crimes and the optimal way for a peace officer to respond to victim-survivors who are experiencing trauma and includes trauma-informed investigation and response training as a permissible use of peace officer training and support fund money.     The act renames the Colorado sexual assault forensic medical evidence review board as the Colorado sexual assault response review board and adds 4 members to the board.(Note: This summary applies to this bill as enacted.)

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