NOTE: The governor signed this measure on 3/22/2013.
      
      
      SENATE BILL 13-038
      
      
      BY SENATOR(S) Balmer, Aguilar, Guzman, King, Lambert, Newell,
      Roberts, Tochtrop, Todd, Morse;
      also REPRESENTATIVE(S) Garcia, Buckner, Dore, Exum, Fields, Foote,
      Gerou, Ginal, Holbert, Labuda, Lebsock, Melton, Mitsch Bush, Navarro,
      Rosenthal, Schafer, Singer, Vigil, Williams, Young.
      
      
      Concerning the confidentiality of certain communications among
           emergency responders.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 13-90-107, amend (1)
      (m) (III) (A), (1) (m) (III) (B), and (1) (m) (IV) (A); and add (1) (m) (I.5)
      and (1) (m) (II) (A.5) as follows:
      
           13-90-107.  Who may not testify without consent - definitions.
      (1)  There are particular relations in which it is the policy of the law to
      encourage confidence and to preserve it inviolate; therefore, a person shall
      not be examined as a witness in the following cases:
      
           (m) (I.5)  An emergency medical service provider or rescue
      unit peer support team member shall not be examined without the
      consent of the person to whom peer support services have been
      provided as to any communication made by the person to the peer
      support team member under the circumstances described in
      subparagraph (III) of this paragraph (m); nor shall a recipient of
      individual peer support services be examined as to any such
      communication without the recipient's consent.
      
           (II)  For purposes of this paragraph (m):
      
           (A.5)  "Emergency medical service provider or rescue unit
      peer support team member" means an emergency medical service
      provider, as defined in section 25-3.5-103 (8), C.R.S., a regular or
      volunteer member of a rescue unit, as defined in section 25-3.5-103
      (11), C.R.S., or other person who has been trained in peer support
      skills and who is officially designated by the supervisor of an
      emergency medical service agency as defined in section 25-3.5-103
      (11.5), C.R.S., or a chief of a rescue unit as a member of an
      emergency medical service provider's peer support team or rescue
      unit's peer support team.
      
           (III)  The provisions of this paragraph (m) shall apply only to
      communications made during individual interactions conducted by a peer
      support team member:
      
           (A)  Acting in the person's official capacity as a law enforcement or
      firefighter peer support team member or an emergency medical service
      provider or rescue unit peer support team member; and
      
           (B)  Functioning within the written peer support guidelines that are
      in effect for the person's respective law enforcement agency, or fire
      department, emergency medical service agency, or rescue unit.
      
           (IV)  This paragraph (m) shall not apply in cases in which:
      
           (A)  A law enforcement or firefighter peer support team member or
      emergency medical service provider or rescue unit peer support
      team member was a witness or a party to an incident which prompted the
      delivery of peer support services;
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO