First Regular Session
Sixty-second General Assembly
LLS NO. 99-0658.01 Beth Braby HOUSE BILL 99-1230
STATE OF COLORADO
BY REPRESENTATIVES Sullivant and T. Williams.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING FALSE ALLEGATIONS OF CHILD ABUSE.
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 any person who knowingly makes a false report of
abuse or neglect to a county department of social services or local law
enforcement agency shall be liable for the other party's attorney fees,
evaluation costs, costs of supervised visitation, therapy, and any other
costs reasonably related to the bad faith allegation.
Requires all courts to report findings of false reporting to the
district attorney's office for purposes of an investigation of the false
report and a determination as to whether to charge the person with a
violation of the prohibition on false reporting, punishable as a class 3
misdemeanor.
Clarifies that immunity from civil and criminal liability or
termination of employment is not given to any person determined to have
knowingly violated the prohibition on false reporting or to have
knowingly presented false information in an investigation or judicial
proceeding.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 19-3-304 (4), Colorado Revised Statutes, is
3 amended, and the said 19-3-304 is further amended BY THE ADDITION
4 OF A NEW SUBSECTION, to read:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 19-3-304. Persons required to report child abuse or neglect.
2 (4) Any person who willfully violates the provisions of subsection (1) of
3 this section: or who violates the provisions of subsection (3.5) of this
4 section:
5 (a) Commits a class 3 misdemeanor and shall be punished as
6 provided in section 18-1-106, C.R.S.;
7 (b) Shall be liable for damages proximately caused thereby.
8 (5) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTION
9 (3.5) OF THIS SECTION:
10 (a) COMMITS A CLASS 3 MISDEMEANOR AND SHALL BE PUNISHED
11 AS PROVIDED IN SECTION 18-1-106, C.R.S.;
12 (b) SHALL BE LIABLE FOR COSTS REASONABLY RELATED TO THE
13 FALSE REPORT OF ABUSE OR NEGLECT, INCLUDING, BUT NOT LIMITED TO,
14 ATTORNEY FEES, EVALUATION COSTS, COSTS OF SUPERVISED VISITATION,
15 AND THERAPY OF A PERSON IMPLICATED BY THE FALSE REPORT MADE
16 PURSUANT TO THIS SECTION; AND
17 (c) SHALL BE REPORTED BY THE COURT FINDING THAT THERE HAS
18 BEEN A VIOLATION OF SUBSECTION (3.5) OF THIS SECTION TO THE DISTRICT
19 ATTORNEY FOR PURPOSES OF AN INVESTIGATION BY THE DISTRICT
20 ATTORNEY'S OFFICE AS TO WHETHER TO CHARGE SUCH PERSON PURSUANT
21 TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (5).
22 SECTION 2. 19-3-309, Colorado Revised Statutes, is amended
23 to read:
24 19-3-309. Immunity from liability - persons reporting,
25 investigating, or testifying. Any person, other than the perpetrator,
26 complicitor, coconspirator, or accessory, participating in good faith in the
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1 making of a report, in the facilitation of the investigation of such a report,
2 or in a judicial proceeding held pursuant to this title, the taking of
3 photographs or X rays, or the placing in temporary protective custody of
4 a child pursuant to section 19-3-405 or otherwise performing his OR HER
5 duties or acting pursuant to this part 3 shall be immune from any liability,
6 civil or criminal, or termination of employment that otherwise might
7 result by reason of such acts of participation, unless a court of competent
8 jurisdiction determines that THE PERSON VIOLATED SECTION 19-3-304
9 (3.5) OR KNOWINGLY PRESENTED FALSE INFORMATION IN AN
10 INVESTIGATION OR A JUDICIAL PROCEEDING PURSUANT TO THIS TITLE OR
11 THAT such person's behavior was willful, wanton, and malicious. For the
12 purpose of any proceedings, civil or criminal, the good faith of any such
13 person reporting child abuse, any such person taking photographs or X
14 rays, and any such person who has legal authority to place a child in
15 protective custody shall be presumed.
16 SECTION 3. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, and safety.