Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0458.01 Jennifer Gilroy      HOUSE BILL 04-1083
                    HOUSE SPONSORSHIP
 Sinclair
 
                   SENATE SPONSORSHIP
 (None)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Information & Technology
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning termination of child support obligations based
            upon DNA evidence of nonparentage.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Specifies that conclusive DNA genetic testing results
       demonstrating that a person is not the biological parent of a child shall
       constitute a substantial and continuing change in circumstances
       warranting modification of child support.  Directs the court in such cases
       to terminate the child support installments accruing after the filing of the
       motion for modification based on the genetic testing results.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  14-10-122 (1), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW PARAGRAPH to read:
            14-10-122.  Modification and termination of provisions for
       maintenance, support, and property disposition - automatic lien. 
       (1) (b.5) (I)  Genetic testing results based on DNA testing that
       conclusively demonstrate that a person is not the biological
       parent of a child shall constitute changed circumstances that
       are substantial and continuing pursuant to paragraph (a) of this
       subsection (1).  In such cases, the court shall modify the
       provisions of any decree respecting child support by terminating
       the child support obligation as to installments accruing
       subsequent to the filing of the motion for modification based on
       the genetic testing results.
            (II)  For purposes of this paragraph (b.5), "DNA" means
       deoxyribonucleic acid.
            SECTION 2.  Effective date.  This act shall take effect at 12:01
       a.m. on the day following the expiration of the ninety-day period after
       final adjournment of the general assembly that is allowed for submitting
       a referendum petition pursuant to article V, section 1 (3) of the state
       constitution (August 4, 2004, if adjournment sine die is on May 5, 2004);
       except that, if a referendum petition is filed against this act or an item,
       section, or part of this act within such period, then the act, item, section,
       or part, if approved by the people, shall take effect on the date of the
       official declaration of the vote thereon by proclamation of the governor.