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Senate passes bill to help sexual assault victims

(The Center Square) – The Colorado Senate on Thursday morning passed Senate Bill 26-095, which aims to help victims and survivors of sexual assault crimes in the state.

The bill, deemed the Measure to Support Victim-Survivors of Crimes, was passed with little debate and will now head back for its final vote in the state Senate. If passed, the law would authorize courts to take testimony from victims of domestic violence or human trafficking in a private room separate from the courtroom and broadcast on closed-circuit TV to the court, among other changes.

During Thursday’s floor session, a minor amendment was added that would allow appeals of special motions in county courts to immediately go to the district court. Appeals in district court would immediately go to appeals court.

“The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions,” read the bill. “General Assembly” is the official name of the Colorado legislature.

The legislation’s primary sponsors – Sen. Mike Weissman (D-District 28), Rep. Meg Froelich (D-3) and Rep. Jenny Willford (D-34) – will look to convince the Democratic majorities in the state House and Senate, before the bill can head to fellow Democratic Gov. Jared Polis’ desk.

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The bill seeks to better protect victims-survivors of sex crimes. The broadcast but separated testimony of the accusers would allow them to not be in the same room as their alleged perpetrators. The proposed change could run into constitutional issues, as people accused of a crime have the right to face the accuser.

State peace officers would also be required to take annual two-hour training programs on the impact of trauma for victim-survivors of sex crimes. The Colorado sexual assault response review board would also get three additional members.

“I support the victim being separated from the person that is on trial,” said Sen. Zamora Wilson (R-9).

She added that while she generally supported the measure, she wanted there to be clarification in the bill as to who could be in the private room with the victim. “I was just concerned if there was going to be any coaching, which could lead to possible false accusations.”

The bill would also allow forensic scientists to testify in a private room, if both parties agreed to the move. It would also allow hospital employees or agents treating emergency room patients of sexual assault to give a 30-day supply of medicine for sexually transmitted infections. And the bill would require somebody (a nurse, licensee, or certified midwife) to inform victim-survivors when their testing results are complete and how to access them.

After the bill’s quick passage from the state Senate on second reading with the amendment, it will head back again to the Senate for a third and final reading and passage, before being moved to the state House. The Senate did not clarify when it would next be read. Its next floor session is Friday morning, but SB 26-095 is not listed on the agenda.

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