NOTE: The governor signed this measure on 5/13/2013.
      
      
      HOUSE BILL 13-1163
      
      
      BY REPRESENTATIVE(S) Kagan, Ferrandino, Buckner, Court, Exum,
      Fields, Foote, Ginal, Hamner, Lebsock, Lee, May, Melton, Mitsch Bush,
      Pabon, Pettersen, Primavera, Priola, Rosenthal, Ryden, Salazar, Schafer,
      Singer, Vigil, Williams, Young;
      also SENATOR(S) Aguilar, Carroll, Giron, Guzman, Heath, Kefalas, Kerr,
      Newell, Schwartz, Todd, Ulibarri, Morse.
      
      
      Concerning payment for medical costs associated with obtaining
           a medical forensic examination for victims of sexual
           offenses, and, in connection therewith, making an
           appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-3-401, add (2.4) as
      follows:
      
           18-3-401.  Definitions. As used in this part 4, unless the context
      otherwise requires:
      
           (2.4)  "Medical-reporting victim" means a victim who seeks
      medical treatment services following a sexual assault but who
      elects not to participate in the criminal justice system at the time
      the victim receives medical services.
      
           SECTION 2.  In Colorado Revised Statutes, 18-3-407.5, amend (1)
      as follows:
      
           18-3-407.5.  Victim evidence - forensic evidence - electronic lie
      detector exam without victim's consent prohibited. (1)  A law
      enforcement agency with jurisdiction over a sexual assault must
      pay for any direct cost associated with the collection of forensic evidence
      from the a victim shall be paid by the referring or requesting law
      enforcement agency who reports the assault to the law enforcement
      agency.
      
           SECTION 3.  In Colorado Revised Statutes, add 18-3-407.7 as
      follows:
      
           18-3-407.7.  Sexual assault victim emergency payment program
      - creation - eligibility. (1)  There is hereby created the sexual
      assault victim emergency payment program, referred to in this
      section as the "program", in the division of criminal justice in the
      department of public safety. The purpose of the program is to
      assist medical-reporting victims of sexual assault with medical
      expenses associated with a sexual assault that are not otherwise
      covered pursuant to section 18-3-407.5 or any other victim
      compensation program.
      
           (2) (a)  A medical-reporting victim must request and receive
      a medical forensic examination to be eligible to have medical
      costs and fees covered through the program. The division of
      criminal justice shall develop a policy for administering the
      program. The policy must include a requirement to establish a cap
      for the amount payable per victim based on actual and reasonable
      costs and available funds, but the minimum cap must not be less
      than one thousand dollars. The program must cover medical fees
      and costs associated with obtaining the medical forensic
      examination, including but not limited to emergency department
      fees and costs, laboratory fees, prescription medication, and
      physician's fees, as long as funds are available. The program may
      also cover medical fees and costs for injuries directly related to
      the sexual assault. The program may also pay for any uncovered
      direct costs of the medical forensic examination for a
      medical-reporting victim. The total amount paid for all expenses
      must not exceed the annual cap established by the division of
      criminal justice.
      
           (b)  The program shall be the payor of last resort.
      
           (c)  A hospital shall limit the amounts charged for
      emergency or associated fees and costs eligible for payment
      pursuant to paragraph (a) of this subsection (2) to not more than
      the lowest negotiated rate from a private health plan.
      
           (3)  The division of criminal justice may waive any
      requirement set forth in this section for good cause shown or in
      the interests of justice, if it is so required.
      
           SECTION 4.  Appropriation. In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      general fund not otherwise appropriated, to the department of public safety,
      for the fiscal year beginning July 1, 2013, the sum of $167,067 and 0.2
      FTE, or so much thereof as may be necessary, for allocation to the division
      of criminal justice, for victim assistance, for the sexual assault victim
      emergency payment program created by this act.
      
           SECTION 5.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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