NOTE: The governor signed this measure on 3/9/2012.
      
      
      HOUSE BILL 12-1100
      
      
      BY REPRESENTATIVE(S) Summers, Barker, Brown, Court, Fields,
      Fischer, Jones, Kagan, Kerr A., Kerr J., Labuda, Liston, Massey, Nikkel,
      Pabon, Pace, Ramirez, Ryden, Solano, Stephens, Todd, Vigil, Wilson,
      Young;
      also SENATOR(S) Aguilar, Bacon, Boyd, Carroll, Foster, Giron, Guzman,
      Heath, Hudak, Johnston, Morse, Newell, Nicholson, Schwartz, Steadman,
      Tochtrop, Williams S.
      
      
      Concerning the admissibility in criminal proceedings of the
           results of a prenatal screening for illegal substances.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby finds and declares that:
      
           (a)  Substance use during pregnancy is a widespread and concerning
      problem in the state of Colorado;
      
           (b)  Based on prevalence and population figures, among pregnant
      women 15 to 44 years of age, 4.4% reported current illicit drug use and
      10.8% reported current alcohol use. In Colorado, an estimated 14.5% of
      pregnant women use alcohol during the third trimester of pregnancy. Across
      substances, use rates are highest among pregnant women 15 to 17 years of
      age, with approximately 15% reporting illicit substance use, followed
      closely by women 18 to 25 years of age. 
      
           (c)  Prenatal substance exposure can have a devastating impact on a
      developing fetus;
      
           (d)  For many women, pregnancy can be a time of increased
      motivation to address their addictions out of concern for their unborn child;
      
           (e)  Relatively few pregnant women with substance use issues,
      however, participate in treatment programs, despite the availability of
      services to help them quit using drugs and alcohol, often because of fear of
      criminal prosecution; and
      
           (f)  Members of the Substance Exposed Newborns Steering
      Committee of the State Methamphetamine Task Force, in collaboration with
      the Colorado Commission on Criminal and Juvenile Justice and the
      Colorado District Attorney's Council, studied the issue and developed
      recommendations to address the problem.
      
           (2)  The general assembly further finds and declares that in order to
      encourage pregnant women with substance use issues to seek important
      prenatal care and appropriate treatment, legislation is necessary to provide
      protection from criminal prosecution for pregnant women who are
      identified during prenatal care as having used substances.
      
           SECTION 2.  In Colorado Revised Statutes, add 13-25-136 as
      follows:
      
           13-25-136.  Criminal actions - prenatal drug and alcohol
      screening - admissibility of evidence. A court shall not admit in a
      criminal proceeding information relating to substance use not
      otherwise required to be reported pursuant to section 19-3-304,
      C.R.S., obtained as part of a screening or test performed to
      determine pregnancy or to provide prenatal care for a pregnant
      woman. This section shall not be interpreted to prohibit
      prosecution of any claim or action related to such substance use
      based on evidence obtained through methods other than the
      screening or testing described in this section.
      
           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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO