HB18-1243

HB18-1243 - Civil Rape Shield Law

Passed/Signed into Law
Concerning enactment of a civil rape shield law.

Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim's sexual conduct is irrelevant and not admissible except for:

 

  • Evidence of the victim's prior or subsequent sexual conduct with the defendant; or
  • Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant.

The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard. All motions and all related records are kept under seal unless the court orders that the evidence is admissible.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

 

House Committees

Senate Committees

Latest update: April 25, 2018
04/25/2018 - Governor Signed
04/19/2018 - Sent to the Governor
04/19/2018 - Signed by the President of the Senate
04/17/2018 - Signed by the Speaker of the House
04/05/2018 - Senate Third Reading Passed - No Amendments
04/04/2018 - Senate Second Reading Special Order - Passed - No Amendments
04/02/2018 - Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/26/2018 - Introduced In Senate - Assigned to Judiciary
03/26/2018 - House Third Reading Passed - No Amendments
03/23/2018 - House Second Reading Passed - No Amendments
03/22/2018 - House Second Reading Laid Over to 03/23/2018 - No Amendments
03/21/2018 - House Second Reading Laid Over to 03/22/2018 - No Amendments
03/20/2018 - House Second Reading Laid Over to 03/21/2018 - No Amendments
03/15/2018 - House Committee on Judiciary Refer Unamended to House Committee of the Whole
02/13/2018 - Introduced In House - Assigned to Judiciary