COVA Public Policy Information and Updates
COVA's public policy program works to ensure that crime victims' rights remain prevalent within Colorado's public policy, provides support for people working with crime victims, and educates the general public with regard to victim issues. One significant goal is to raise awareness of victim issues within the public consciousness to a level where all crime victims are viewed and treated with honor and respect, have access to the help they need and have their rights recognized as an essential element of the criminal justice process.
This page contains legislative updates, information regarding ongoing projects, and links to additional resources. For additional information, to become involved in any of these efforts, or for any questions, please email covapolicy@aol.com or call 303-996-8084.
2007 Legislative Session Results
HB1040 Legal Process for Persons Not Legally Present, Rep. Stephens & Sen. Kopp
— Requires a warrant to be issued for persons with criminal charges who is released to ICE.
— Prohibits dismissing a case, even after a person is released into ICE custody and deported, until final disposition or motion by DA.
— Limited to felonies and class 1 & 2 misdemeanors.
HB1054 Increase Number of Judges, Rep. T. Carroll & Sen. Shaffer
— Increases number of judges in specified judicial districts and Court of Appeals (43 total)
— Phases in the increases from 2007 to 2010
— Funded through combination of fee increases and existing cash funds transfer
HB1067 Sex Offender Registration for Mobile Home Residents, Rep. Benefield & Sen. Boyd
— Must report information if living in trailer or mobile home
— Cannot use car information as address
— All registered sex offenders must include car information
HB1093 Sexual Conduct in Penal Institutions, Rep. T. Carroll & Sen. Bacon
— Requires reporting of sex assault in penal institutions; prohibits retaliation
— Safety for all victims and monitoring for mental health issues
— Staff training in prevention and investigation
— Termination of employees who engage in sexual conduct with inmates
HB1107 Sealing of Criminal Justice Records, Rep. Cerbo & Sen. Bacon
— Reduces time to 10 years (from 15) that a person must wait before filing a petition to seal criminal records in certain cases
— Prohibits sealing of certain types of cases, including sexual assault, child abuse, traffic offenses, and cases with special circumstances with enhanced sentencing requirements
— Prohibits sealing records if any restitution, fines, or fees are owed
HB1171 Pre sentence Reports for Sex Offenders, Rep Green & Sen. Tupa
— Requires PSI reports and SVP assessments on all sex offenders
HB1272 Cold Case Homicide Team in CBI, Rep. Rice & Sen. Morse
— Creates a cold case team in CBI
— Development of database for any case over three years old
— Law enforcement must maintain physical evidence
— CBI team may provide assistance if requested by local law enforcement
— Victims may request explanation of local law enforcement if assistance from CBI not requested - law enforcement must respond in writing within 30 days
— Creates cold case oversight task force with general responsibilities
HB1340 Modifications to VRA, Rep. Gardner & Sen. Veiga
— Clarifies that attack on judgment or conviction where a court hea5ring is set is a critical stage and requires victim notification
— Makes all statutes consistent with regard to notifying victims when sex offenders petition t come off registry - 16-22-113 (2) (c) sex offender statute) is controlling statute
— Clarifies that state hospitals and the Dept. of human Services only provide notification upon written request of the victim
— Makes DHS procedures regarding victim impact statements consistent with DOC
HB1350 Victim Address Confidentiality Program, Reps. Romanoff and King, & Sen. Tupa
— Establishes program at Secretary of State's Office where qualifying DV, Sex Assault, and Stalking victims can receive a substitute address for mail
— Provides for one year of rule-making before program is launched
— Creates a surcharge on DV and stalking offenders to pay for the program
HB1358 Colorado Commission on Criminal and Juvenile Justice, Rep. T. Carroll & Sen. Gordon
— Creates a 26 member commission with a director
— Provides for one year of rule-making before program is launched
— Creates a surcharge on DV and stalking offenders to pay for the program
HB1375 Victim Notification of Alleged Sex Crime by Licensed Professional, Rep. Primavera & Sen. Bacon
— Requires the victim advocate at the AG's office to provide information to victims who allege sexual assault against any person regulated through DORA
— The information includes the right to pursue criminal action, civil action, applicable statutes of limitations, contact information for local law enforcement, an contact information for community resources
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SB55 Surcharges for Benefit of Crime Victims, Sen. Boyd & Reps. Green and Kerr
— Increases Victim Compensation Surcharges by approximately 30%
— Adds Victim Compensation fees to traffic offenses equal to the existing VALE fees
— Diverts the 2003 VALE increase (30%) from the state general fund to the VALE fund - diversion to occur over two years: 1/2 in 07-08 and the rest in 08-09
SB60 Emergency Contraception for Survivors, Sen. Boyd & Rep. McGihon
— Requires all hospitals to inform sexual assault survivors about emergency contraception
— Individuals can be exempted for religious or moral reasons, but entity must comply
— Contains exceptions for individuals already pregnant and victims not at risk of pregnancy
— Requires pharmacies that do not stock EC to post notice in conspicuous place
SB96 Theft From At-Risk Individuals, Sen. Spence & Rep. T. Carroll
— Expands the crime of theft from at-risk individuals by increasing the penalty if theft is by person in a position of trust
— Class 5 felony for less than $500; class 3 felony for more than $500
SB114 Substantive Criminal Omnibus, Sen. Shaffer & Rep. T. Carroll
— Prohibits bail pending sentencing where crime is child abuse resulting in death
— Requires persons convicted of class 5 felony internet child luring to register as a sex offender
SB118 Court Security Cash Fund, Sen. Shaffer & Rep. King
— Adds $5 surcharge to specified docket fees to create court security cash fund for purposes of increasing court security
SB136 Protection Order Modifications, Sen. Morse & Rep. Romanoff
— Clarifies that in civil protection order cases, courts have authority to make temporary orders related to mortgage payments, rent, and other household financial issues, child care and personal property
— Specifies that these temporary orders can be superseded by district court domestic orders
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Legal Updates
Victim Privilege
State of Colorado v. Robert Turner
The Colorado Supreme Court, in a unanimous ruling on March 28th, held that records kept by domestic violence and sexual assault organizations are privileged information under C.R.S. ? 13-90-107 (1) (k) (I). In reaching this decision the Court reviewed and rejected a county court ruling that had ordered a domestic violence shelter to release the name of the victim and a broad outline of the type of assistance the shelter provided to that victim. The shelter appealed this ruling and the Supreme Court concluded that the records are privileged and could not be released without a waiver by the victim. This is a precedent setting decision and, in fact, the Court agreed to hear this case in part because they had not previously rendered any opinions regarding the discoverability of victim advocate records. Please access the link below to see the entire decision. http://www.courts.state.co.us/supct/opinions/2004/04SA178.pdf
Cases in which COVA filed an Amicus (friend of the court) Brief in 2006:
Victim Privilege
State of Colorado v. Robert Turner
A multitude of local, state and national organizations joined together on an Amicus Brief, written by Julie Field, in support of the Alliance Against Domestic Abuse's (AADA) Rule 21 Petition to the Colorado Supreme Court. A county court judge ruled that AADA must turn over the name of the victim and a "broad" accounting of the services provided. AADA has not ever confirmed that they helped the victim in this case. The brief argues that the privilege granted to advocates in state statute recognizes the necessity of confidential communications between advocates and victims to ensure that victims get the help they need, and that revealing any information regarding the victims will further endanger victims and hinder AADA's ability to provide services to all domestic violence victims.
— The Decision
The Colorado Supreme Court, in a unanimous ruling on March 28th, held that records kept by domestic violence and sexual assault organizations are privileged information under C.R.S. ? 13-90-107 (1) (k) (I). This is a precedent setting decision and, in fact, the Court agreed to hear this case in part because they had not previously rendered any opinions regarding the discoverability of victim advocate records. Please access the link below to see the entire decision. http://www.courts.state.co.us/supct/opinions/2004/04SA178.pdf
Good Faith Efforts to Report Crime Cannot Be Punished
Schwankl v. Davis
COVA partnered with the Colorado Coalition Against Domestic Violence and the Colorado Coalition Against Sexual Assault to file an Amicus (friend-of-the-court) brief with the Colorado Supreme Court regarding who bears responsibility for legal fees in good faith reporting efforts. The three coalitions filed a joint brief, written by Susannah Pollvogt from the law firm of Holland and Hart, stating that the reporting of crimes by bystanders is an essential element of fighting crime in today's society and that any good faith effort to report a suspected crime should not ultimately be penalized by having to pay attorney fees to defend oneself in civil court if sued for reporting a potential crime.
— The Decision
The Colorado Supreme Court handed down a very favorable decision for victims in late February, finding in favor of the woman who initially reported the suspected crime and ordering the trial court to order the person who sued her to pay all her legal and court fees. The Supreme Court?s decision can be found at: http://www.cobar.org/opinions/opinion.cfm?OpinionID=4177
Use of Term Victim at Trial
State of Colorado v. Bryant
NCVLI, COVA, CCADV and CCASA joined on an Amicus brief written by NCVLI regarding the use of the term victim during the trial. The defense attorneys had petitioned the court that no party could use the term "victim" to reference the victim during the trial on the theory that usage of that term negated the presumption of innocence. The defense had asked that the Court refer to the victim by her name or "complaining witness," that prosecuting attorneys and prosecution witnesses not be allowed to refer to the victim as "victim," that all parties be referred to by their names, including the defendant who should not be referred to as the "defendant," and that jury instructions not refer to the victim as "victim."
— The Decision
The trial judge split the difference in his decision on these four requests. He denied the first request and announced that the Court would continue to refer to the victim as the "alleged victim." He granted the defense request that the People not use the term victim when referring to the victim. The judge also stipulated that all persons could be referred to by their proper names and also that the defendant could be referred to as such because that was an accurate reflection of his legal status. Lastly, in keeping with Supreme Court instructions, he determined that jury instructions would refer to the victim as "person." The decision is located at: http://www.courts.state.co.us/exec/media/eagle/05-04/ordr_re_victim_issue.pdf
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Resources & Links
Colorado Legislative Home Page - Listen to the legislature as they debate the issues, read the bills online, track the daily calendar, look up state statutes and find a great deal more information regarding the legislature.
http://www.state.co.us/gov_dir/stateleg.html
Project Vote Smart - Find out who represents you and more regarding elected officials
http://www.vote-smart.org/
Colorado Judicial Branch - Find information on court cases, court decisions, contact information, and much more regarding Colorado’s court system.
http://www.courts.state.co.us/
Colorado Fiscal Policy Institute - Part of the Colorado Center on Law and Policy and an excellent source for information regarding TABOR and Colorado’s budget
http://www.cclponline.org/
National Crime Victim Law Institute - A legal institute housed at the Lewis and Clark Law School that promotes fairness in the criminal justice system through victim centered legal advocacy, education and resource sharing.
http://www.lclark.edu/org/ncvli/
The Bell Policy Center - A nonprofit, nonpartisan think tank committed to developing and promoting ideas that can improve Colorado’s quality of life.
http://www.bighorncenter.org/
The United States House of Representatives - http://www.house.gov
The United States Senate - http://www.senate.gov
Click to View the Colorado Revised Statutes Title 24, Article 4.1 (Crime Victim Compensation and Victim and Witness Rights Statute) NOTE: The Division of Criminal Justice website will open in a new window.
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