CO SB116

Peace officers may ask individuals if they possess hypodermic needles or syringes before conducting searches, and officers and district attorneys shall not arrest, cite, or prosecute for the needle/syringe or any minuscule residual controlled substance if the person discloses possession prior to search.

Emergency medical technicians and first responders may ask if individuals possess hypodermic needles or syringes before assessment or treatment, with the same protections against arrest, citation, or prosecution if disclosure is made voluntarily or in response to questioning.

Information disclosed about needle/syringe possession may be used as a factor in probable cause or reasonable suspicion determinations for other criminal offenses if the original stop or search was lawful.

Clean syringe exchange programs must develop an education program about the legal rights under this law that encourages participants to disclose their possession of hypodermic needles or syringes to law enforcement or first responders prior to searches.

Effective date is July 1, 2015, and applies to offenses committed on or after that date.