First Regular Session
Sixty-first General Assembly
LLS NO. 970308.01 MTJ
SENATE BILL 97099
STATE OF COLORADO
BY SENATOR Pascoe
A BILL FOR AN ACT
CONCERNING THE REPORTING OF WEAPONSRELATED
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
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.