Second Regular Session
       
                   Sixty-second General Assembly
       LLS NO. 00-0788.01 Chris Forsyth SENATE BILL 00-171 
       
                         STATE OF COLORADO
       
       BY SENATORS Tanner, Dennis, Hernandez, Lacy, Martinez, Musgrave,
       Nichol, Reeves, Rupert and Thiebaut;
       also REPRESENTATIVES Berry and Clarke.
       
       
       
                         A BILL FOR AN ACT
            Concerning certain abandoned children.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Creates an affirmative defense to the criminal charge of child
       abuse.  Allows a defendant accused of permitting a child to be
       unreasonably placed in a situation that poses a threat of injury to the
       child's life or health to affirmatively defend himself or herself if:
                          The defendant voluntarily delivered the child to a
                 firefighter or hospital staff member; and
                          The child was 30 days old or younger at the time of
                 abandonment.
            Places a duty upon firefighters and hospital staff members to take
       temporary physical custody of a child, 30 days old or younger, who is
       voluntarily delivered to them by a person who does not express an intent
       to return for the child.  Mandates that if a firefighter or hospital staff
       member takes temporary physical custody of such child that the
       firefighter or hospital staff member:
                          Perform any act necessary, in accordance with generally
                 accepted standards of professional practice, to protect,
                 preserve, or aid the physical health or safety of the child
                 during the temporary physical custody; and
                          Notify a law enforcement officer about the abandonment
                 within 24 hours after the abandonment.
            Absolves a firefighter or hospital staff member of any civil or
       criminal liability for any good faith actions or omissions performed to
       protect, preserve, or aid the physical health or safety of the child during
       the temporary physical custody.  Requires a law enforcement officer to
       take such an abandoned child into temporary custody upon receipt of
       notice.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  18-6-401, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            18-6-401.  Child abuse.  (9)  If a person is charged with
       permitting a child to be unreasonably placed in a situation that
       poses a threat of injury to the child's life or health pursuant to
       paragraph (a) of subsection (1) of this section, and the child was
       thirty days old or younger at the time of the alleged offense, it
       shall be an affirmative defense to such charge that the person
       voluntarily delivered the child to a firefighter, as defined in
       section 18-3-201 (1), or to a hospital staff member who engages
       in the admission, care, or treatment of patients.
            SECTION 2.  Part 3 of article 3 of title 19, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            19-3-304.5.  Emergency possession of certain abandoned
       children.  (1)  If a person voluntarily delivers a child to a
       firefighter, as defined in section 18-3-201 (1), C.R.S., or a hospital
       staff member who engages in the admission, care, or treatment
       of patients, the firefighter or hospital staff member shall,
       without a court order, take temporary physical custody of the
       child if:
            (a)  The child is thirty days old or younger; and
            (b)  The person did not express an intent to return for the
       child.
            (2)  If a firefighter or hospital staff member takes
       temporary physical custody of a child pursuant to subsection (1)
       of this section, the firefighter or hospital staff member shall:
            (a)  Perform any act necessary, in accordance with
       generally accepted standards of professional practice, to
       protect, preserve, or aid the physical health or safety of the
       child during the temporary physical custody; and
            (b)  Notify a law enforcement officer of the abandonment
       within twenty-four hours after the abandonment.
            (3)  A firefighter or hospital staff member shall incur no
       civil or criminal liability for any good faith acts or omissions
       performed pursuant to this section.
            (4)  Upon receipt of notice pursuant to subsection (2) of this
       section, a law enforcement officer shall take the abandoned
       child into temporary custody pursuant to section 19-3-401.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.