NOTE: The governor signed this measure on 5/28/2013.
      
      
      SENATE BILL 13-278
      
      
      BY SENATOR(S) Kerr and Newell;
      also REPRESENTATIVE(S) Young, Ginal, Hullinghorst, Labuda, Pabon,
      Rosenthal, Schafer.
      
      
      Concerning creating a definition of a "drug-endangered child"
           with respect to child abuse or neglect.
       
      
      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)  Colorado is currently second in the nation for prescription drug
      abuse;
      
           (b)  When controlled substances, whether legal or illegal, are used,
      produced, or distributed in the presence of children, a greater likelihood
      exists for harm to the children from caretaker incapacitation, access to
      dangerous drug-production components, lack of supervision, unhealthy
      indoor air quality, exposure to dangerous non-drug criminal behaviors, and
      other circumstances that pose a danger to children;
      
           (c)  Law enforcement agencies, human services, family courts, and
      the criminal justice system currently do not have a common definition of a
      "drug-endangered child";
      
           (d)  Law enforcement agencies, human services, and statutorily
      mandated reporters of suspected child maltreatment need common tools and
      training to identify a child at risk of abuse and neglect as a result of the use,
      production, and distribution of drugs in a child's environment;
      
           (e)  Effective training needs to stem from a common definition of
      "drug-endangered child"; and
      
           (f)  While criminal penalties may be appropriate in some cases, such
      as the possession, production, and distribution of certain drugs as well as
      other offenses defined in part 4 of article 18 of title 18, Colorado Revised
      Statutes, the welfare and safety of children is paramount and requires that
      human services and law enforcement agencies work from a common
      definition of "drug-endangered child" so they can best meet the needs of
      children whose health, welfare, and safety may be at risk.
      
           SECTION 2.  In Colorado Revised Statutes, 18-18.5-103, add (4)
      (i) as follows:
      
           18-18.5-103.  State methamphetamine task force - creation -
      membership - duties. (4)  The task force shall:
      
           (i)  Develop a definition of a "drug-endangered child" to be
      used in the context of the definition of "child abuse or neglect" as
      set forth in section 19-1-103 (1), C.R.S., and include the definition
      in its January 1, 2014, report to the judiciary committees of the
      senate and the house of representatives, or any successor
      committees.
      
           SECTION 3.  Effective date. This act takes effect upon passage
      only if Senate Bill 13-244 becomes law and takes effect either upon the
      effective date of this act or Senate Bill 13-244, whichever is later.
      
           SECTION 4.  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.
      
      
      
      
      ____________________________  ____________________________
      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