First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0604.02 Jerry Barry x4341    HOUSE BILL 15-1216
                    HOUSE SPONSORSHIP
 Priola, 
 
                   SENATE SPONSORSHIP
 Cooke, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the admissibility of expert opinions.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill prohibits a person from testifying concerning the person's
       expert opinion unless certain conditions are met.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration. (1)  The general assembly
       finds and declares:
            (a)  The number and complexity of cases filed in Colorado courts
       is increasing, and many of the most complex cases are being heard by
       juries and require expert witnesses to render opinions and testimony on
       complex scientific theories and data; and
            (b)  It is therefore necessary that expert witnesses express opinions
       based upon scientific theories that are subject to testing rather than
       unproven, speculative theories.
            SECTION 2.  In Colorado Revised Statutes, add 13-25-138 as
       follows:
            13-25-138.  Testimony by expert witnesses. (1)  A witness
       shall not testify in the form of an expert opinion or otherwise
       unless:
            (a)  The witness's expert scientific, technical, or other
       specialized knowledge will help the trier of fact to understand
       the evidence or to determine a fact in issue;
            (b)  The testimony is based on sufficient facts or data;
            (c)  The testimony is the product of reliable principles and
       methods; and
            (d)  The witness has reliably applied the principles and
       methods to the facts of the case.
            SECTION 3.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect September 1, 2015; 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 the ninety-day period after final adjournment of the general
       assembly, 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
       2016 and, in such case, will take effect on the date of the official
       declaration of the vote thereon by the governor.
            (2)  This act applies to court proceedings held on or after the
       applicable effective date of this act.