First Regular Session

Sixty-first General Assembly

LLS NO. 97­0308.01 MTJ SENATE BILL 97­099

STATE OF COLORADO

BY SENATOR Pascoe

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE REPORTING OF WEAPONS­RELATED INJURIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires physicians to report any weapons­related injury to the police and to transmit a copy of such a report to the department of public health and environment. Requires the department of public health and environment to develop a one­page weapons­related injury reporting form in consultation with local law enforcement officials and to distribute the form to health care providers on or before January 1, 1998. Also requires the department to prepare an annual report summarizing the data reported to the department.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­36­135 (1), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended to read:

12­36­135.  Injuries to be reported ­ penalty for failure to report ­ immunity from liability. (1)  It shall be the duty of every physician who attends or treats a bullet wound, a gunshot wound, a powder burn, or any other injury arising from the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument, which the physician believes to have been intentionally inflicted upon a person, ANY OTHER WEAPONS­RELATED INJURY, or any other injury which the physician has reason to believe involves a criminal act, including injuries resulting from domestic violence, to report such injury at once to the police of the city, town, or city and county or the sheriff of the county in which the physician is located AND TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. SUCH REPORT SHALL BE MADE ON A ONE­PAGE FORM DEVELOPED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, IN CONSULTATION WITH LOCAL LAW ENFORCEMENT OFFICIALS, AND DISTRIBUTED BY THE DEPARTMENT PURSUANT TO SECTION 25­1­108 (1) (i), C.R.S. Any physician who fails to make a report as required by this section commits a class 2 petty offense, as defined by section 18­1­107, C.R.S., and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

SECTION 2.  25­1­107 (1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

25­1­107.  Powers and duties of the department ­ repeal. (1)  The department has, in addition to all other powers and duties imposed upon it by law, the following powers and duties:

(hh)  TO DEVELOP A WEAPONS­RELATED INJURY REPORTING FORM, IN CONSULTATION WITH LOCAL LAW ENFORCEMENT OFFICIALS, FOR USE IN REPORTING WEAPONS­RELATED INJURIES AS REQUIRED IN SECTION 12­36­135, C.R.S. SAID FORM SHALL BE NO MORE THAN ONE PAGE AND SHALL INCLUDE MULTIPLE COPIES FOR REPORTING WEAPONS­RELATED INJURIES TO LAW ENFORCEMENT AGENCIES AND THE DEPARTMENT. THE DEPARTMENT SHALL DISTRIBUTE THE FORM TO HEALTH CARE PROVIDERS THROUGHOUT THE STATE ON OR BEFORE JANUARY 1, 1998.

(ii)  TO PREPARE AN ANNUAL REPORT OF WEAPONS­RELATED INJURIES, THAT SUMMARIZES DATA REPORTED TO THE DEPARTMENT. THE REPORT SHALL BE TRANSMITTED TO THE HOUSE AND SENATE JUDICIARY AND HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE GENERAL ASSEMBLY ON OR BEFORE FEBRUARY 1, 1999, AND FEBRUARY 1 OF EACH YEAR THEREAFTER.

SECTION 3.  Effective date ­ applicability. Section 1 of this act shall take effect January 1, 1998, and shall apply to injuries learned of or treated on or after such date, and the remainder of this act shall take effect upon passage.

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.