Criminal Justice (Human Trafficking)

The act requires a licensee, nurse, or certified midwife who performs a medical forensic examination to inform the victim-survivor about how to determine when the testing related to the examination is complete and how to obtain the results and records.     The act subjects a cause of action against a person arising from any protected statement by a victim-survivor to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim.     The act makes a predispute arbitration agreement and predispute joint-action waiver void and unenforceable upon request of an individual who alleges conduct that results in a sexual harassment dispute or a sexual misconduct dispute or upon request of a named representative of a joint action, class action, or collective action that results in a sexual harassment dispute or a sexual misconduct dispute.     The act requires a judge to allow a forensic scientist to testify remotely in a criminal proceeding if a party requests and both parties consent to the remote testimony.     The act authorizes the court to order that the testimony of a victim-survivor of domestic violence, unlawful sexual behavior, stalking, human trafficking for involuntary servitude, or human trafficking for sexual servitude be taken in a room other than the courtroom and be televised by closed-circuit television in the courtroom under certain circumstances.     The act requires peace officer annual in-service training programs to include a 2-hour training to improve a peace officer's understanding of the impact of trauma on victim-survivors of crimes and the optimal way for a peace officer to respond to victim-survivors who are experiencing trauma and includes trauma-informed investigation and response training as a permissible use of peace officer training and support fund money.     The act renames the Colorado sexual assault forensic medical evidence review board as the Colorado sexual assault response review board and adds 4 members to the board.(Note: This summary applies to this bill as enacted.)

The bill requires the statewide decriminalization of commercial sexual activity among consenting adults. It declares that decriminalizing commercial sexual activity among consenting adults is a matter of statewide concern and expressly preempts statutory or home rule city, town, city and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sexual activity.The bill repeals the state criminal offenses of prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and prostitute making display. It also repeals the offense of pandering when it involves knowingly arranging or offering to arrange a situation that permits a person to practice prostitution. The bill maintains current state criminal penalties for pandering that involves menacing or criminal intimidation and for pimping, but it changes terminology in those offenses by replacing "prostitution" with "commercial sexual activity".The bill makes various conforming amendments, including those related to: Reporting requirements, immunity, affirmative defenses, and criminal conviction records in human trafficking cases; public nuisances; certification by the peace officers standards and training board; and the regulation of escort bureaus and massage parlors. The bill eliminates a court program for persons charged with certain prostitution-related offenses.(Note: This summary applies to this bill as introduced.)

The bill adds trading anything of monetary value to buy or sell sexual activity with a minor who the person knows is being trafficked for sexual servitude as an act of human trafficking of a minor for sexual servitude. The bill changes the penalty of human trafficking of a minor for sexual servitude from a class 2 felony to a class 1 felony and requires the court to sentence a person convicted of the felony to life imprisonment without the possibility of parole.(Note: This summary applies to this bill as introduced.)

The bill removes human trafficking for involuntary servitude and human trafficking for sexual servitude (human trafficking offenses) from the list of crimes of violence that are subject to enhanced sentencing if they involve the use, or possession and threatened use of, a deadly weapon or the infliction of serious bodily injury or death. Instead, the bill requires a court to sentence a person convicted of a human trafficking offense or a related attempt or conspiracy to the department of corrections for a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the applicable offense. It clarifies that a class 3 felony human trafficking offense is also subject to sentencing modifications that are permitted under current law for crimes that present an extraordinary risk of harm to society.The bill subjects a person convicted of the following to enhanced sentencing:Pimping, if the victim is an at-risk person; andHuman trafficking for involuntary servitude, or human trafficking for sexual servitude, if the victim is an at-risk adult.The bill adds the source of money posted to satisfy a monetary condition of release, including the likelihood that the money is derived from criminal activity, to the list of criteria a court may consider in making a determination of the type of bond and conditions of release.The bill changes terminology related to child prostitution to commercial sexual activity in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child.In the crime of soliciting for commercial sexual activity with a child, the bill adds soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that the meeting will facilitate commercial sexual activity with a child.(Note: This summary applies to this bill as introduced.)