Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0419.01 Michael Dohr         SENATE BILL 04-046
                   SENATE SPONSORSHIP
 Groff
 
                    HOUSE SPONSORSHIP
 (None)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the protection of the identity of a victim of
            unlawful sexual behavior.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Allows the prosecution, in an unlawful sexual behavior case, to
       motion the court for a protective order protecting the identity of the
       victim and requiring the use of a pseudonym.  Requires the court to grant
       the motion upon cause shown.  Allows the court to sanction a party for
       repeated violations or a wilful violation of the order.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  18-3-407, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            18-3-407.  Victim's and witness' prior history - evidentiary
       hearing - victim's identity - protective order.  (3) (a)  In a case
       charging an offense described in this part 4, the prosecution may
       motion the court for a protective order which shall require
       that the victim's identity be kept confidential and may require
       each party to refer to the victim, in all filings and proceedings,
       by the pseudonym "John Doe" or "Jane Doe".
            (b)  The court may, upon cause shown, issue the protective
       order or issue another order that is appropriate after review of
       the motion, a response, if any, and other relevant information. 
       If the court determines a hearing on the motion is necessary, the
       court shall hold the hearing in camera.
            (c)  The court may sanction a party for repeated
       violations of the protective order or a wilful violation of the
       protective order.
            SECTION 2.  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.