NOTE: The governor signed this measure on 4/10/2015.
      
      
      HOUSE BILL 15-1183
      
      
      BY REPRESENTATIVE(S) Fields, Conti, Klingenschmitt, Lebsock, Tate,
      Becker K., Duran, Esgar, Foote, Garnett, Melton, Mitsch Bush, Pabon,
      Pettersen, Primavera, Rosenthal, Roupe, Winter, Young, Hullinghorst;
      also SENATOR(S) Guzman, Aguilar, Donovan, Heath, Jahn, Johnston,
      Kefalas, Kerr, Merrifield, Newell, Roberts, Todd.
      
      
      Concerning the admission of a child's statements describing
           attempted acts of an unlawful sexual offense.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 13-25-129, amend (1)
      introductory portion as follows:
      
           13-25-129.  Statements of child victim of unlawful sexual offense
      against a child or of child abuse - hearsay exception. (1)  An
      out-of-court statement made by a child, as child is defined under the
      statutes which are the subject of the action, describing any act or
      attempted act of sexual contact, intrusion, or penetration, as defined in
      section 18-3-401, C.R.S., performed or attempted to be performed
      with, by, on, or in the presence of the child declarant, not otherwise
      admissible by a statute or court rule which provides an exception to the
      objection of hearsay, is admissible in evidence in any criminal,
      delinquency, or civil proceedings in which a child is a victim of an
      unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., or is
      a victim of incest or attempted incest, as defined in section 18-6-301,
      C.R.S., when the victim was less than fifteen years of age at the time of the
      commission of the offense, or in which a child is the subject of a
      proceeding alleging that a child is neglected or dependent under section
      19-1-104 (1) (b), C.R.S., and an out-of-court statement by a child, as child
      is defined under the statutes which are the subject of the action, describing
      any act of child abuse, as defined in section 18-6-401, C.R.S., to which the
      child declarant was subjected or which the child declarant witnessed, not
      otherwise admissible by a statute or court rule which provides an exception
      to the objection of hearsay, is admissible in evidence in any criminal,
      delinquency, or civil proceedings in which a child is a victim of child abuse
      or the subject of a proceeding alleging that a child is neglected or
      dependent under section 19-1-104 (1) (b), C.R.S., and an out-of-court
      statement made by a person under thirteen years of age describing all or
      part of an offense contained in part 1 of article 3 of title 18, C.R.S., or
      describing an act of domestic violence as defined in section 18-6-800.3 (1),
      C.R.S., not otherwise admissible by statute or court rule which provides an
      exception to the objection of hearsay is admissible in evidence in any
      criminal, delinquency, or civil proceeding, if:
      
           SECTION 2.  In Colorado Revised Statutes, 18-3-411, amend (3)
      as follows:
      
           18-3-411.  Sex offenses against children - "unlawful sexual
      offense" defined - limitation for commencing proceedings - evidence
      - statutory privilege. (3)  Out-of-court statements made by a child
      describing any act or attempted act of sexual contact, intrusion, or
      penetration, as defined in section 18-3-401, performed or attempted to
      be performed with, by, or on the child declarant, not otherwise admissible
      by a statute or court rule which provides an exception to the objection of
      hearsay, may be admissible in any proceeding in which the child is a victim
      of an unlawful sexual offense pursuant to the provisions of section
      13-25-129, C.R.S.
      
           SECTION 3.  Applicability. This act applies to statements
      introduced at any proceeding on or after the effective date of this act.
      
           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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      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