GOOD BILL (After Constitutional Amendments)
Sponsors: Rep. Lori Goldstein (D-Arapahoe), Rep. Lorena García (D-Adams), Sen. Lisa Cutter (D-Jefferson)
Status: Passed House Judiciary Committee 11-0 (February 12), advanced to Committee of the Whole
The House Judiciary Committee unanimously approved legislation expanding protections for child sexual assault victims after amending the bill to remove language that raised Sixth Amendment concerns. The final version requires law enforcement to notify child advocacy centers within one week of receiving reports and allows judges to permit remote testimony for witnesses under 18.
The original bill created a “rebuttable presumption” that testimony in a defendant’s presence would cause trauma to child witnesses. James Carbach of the Office of State Public Defender testified this violated Supreme Court precedent. The Court held in Maryland v. Craig (1990) that denying face-to-face confrontation requires case-by-case judicial findings proving necessity, not blanket presumptions.
“The confrontation clause prefers in-person, face-to-face testimony,” Carbach explained. “A presumption of harm would be a constitutional problem.” Amendment L002 struck the presumption language. The revised bill requires judges to make specific findings when granting or denying remote testimony—preserving defendants’ confrontation rights while protecting vulnerable witnesses.
The Sixth Amendment guarantees defendants the right “to be confronted with the witnesses against him.” Remote testimony denies face-to-face confrontation. Courts can permit it when necessary to prevent witness trauma, but the Supreme Court in Craig established that such determinations must occur individually for each witness based on evidence, not through statutory presumptions.
The bill requires law enforcement to report alleged sex offenses against children to child advocacy centers within one week and collaborate on forensic interviews when “necessary and appropriate.” Judges may allow witnesses under 18 to testify via closed-circuit television when in-person testimony would cause serious emotional distress. Current law applies only to witnesses under 12.
Diana Goldberg, executive director of Sungate Kids Child Advocacy Center, testified that Colorado’s 19 centers provide trauma-informed forensic interviews across all 23 judicial districts. Single coordinated interviews prevent children from retelling traumatic events repeatedly to multiple agencies. The one-week notification timeline allows trauma symptoms to calm before interviews.
Rachel Pickerel-Hawkins testified about her children who must face their father—a retired Aurora police officer charged with seven counts of child sexual assault by a person in position of trust—at trial scheduled for March 24, 2026. “This bill may not be in place for my family, but it can prevent unnecessary trauma for other Colorado children,” she said.
The committee adopted four amendments addressing constitutional concerns. Amendment L001 extended the reporting deadline from 24 hours to one week with exceptions for extenuating circumstances. Amendment L004 clarified forensic interviews are required only when “necessary and appropriate.” Amendment L003 added legislative declarations. The unanimous vote followed these revisions.
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