CO HB1100

Courts cannot admit evidence of substance use obtained through prenatal screening or testing for pregnancy or prenatal care in criminal proceedings, except information otherwise required to be reported under section 19-3-304, C.R.S.

Prosecution may still pursue substance use charges based on evidence obtained through methods other than prenatal screening or testing.

Among pregnant women ages 15 to 44, 4.4% reported current illicit drug use and 10.8% reported current alcohol use; rates are highest among women ages 15 to 17 at approximately 15% for illicit substances.

The legislature found that pregnant women fear criminal prosecution and avoid substance abuse treatment despite available services; this law aims to encourage participation in prenatal care and treatment.

The bill was approved by Governor John W. Hickenlooper.