CO SB128

Medical facilities performing forensic examinations for sexual assault victims must, with victim consent, make one of three reports to law enforcement: a law enforcement report if the victim chooses to participate in the criminal justice system, a medical report if the victim declines participation but consents to evidence testing, or an anonymous report if the victim declines participation and identification.

Evidence collected under medical reports (non-anonymous) must be released to law enforcement for testing by the Colorado Bureau of Investigation or other laboratory regardless of whether the victim participates in the criminal justice system.

Evidence collected under anonymous reports must not be submitted for testing and shall be stored by law enforcement for at least two years with a unique identifying number provided to the victim.

Medical facilities must contact the law enforcement agency with jurisdiction over the alleged assault location (or local law enforcement if location is unknown) regarding evidence preservation.

Licensees who attend to sexual assault injuries must still report to police or sheriff as required by existing law, in addition to medical facility reporting obligations.