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House passes bill aligning civil evidence protections for victims of sexual misconduct with criminal law

2245839 · February 6, 2025
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Summary

House Bill 11‑38 passed on third reading; the measure updates civil‑law evidentiary protections to reflect criminal shield updates adopted last session and seeks to protect victims’ privacy during civil litigation.

The Colorado House passed House Bill 11‑38 on Feb. 6, a bipartisan measure that updates evidentiary protections for victims of sexual misconduct in civil cases to align with criminal procedure reforms enacted previously.

Representative Lukens, the bill sponsor, said the measure preserves survivors’ protections throughout the civil process, harmonizing civil evidentiary rules with criminal law changes the Legislature adopted in an earlier session. Representative Puglisi, the bill’s co‑sponsor, said the bill ensures victims are afforded privacy and procedural safeguards in civil litigation as they are in criminal proceedings.

Committee amendments were technical; the Judiciary committee moved its report and the bill was approved by the House. Sponsors and floor managers emphasized that the change does not alter the standard for determining claims, but protects survivors from unnecessary invasive discovery in civil cases. The bill passed on third reading and will proceed for enrollment and transmission.