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Senate adopts bill to support victim survivors after clarifying appellate procedure
Summary
The Colorado Senate on March 5 adopted Senate Bill 95, a measure to support victim survivors that does not change substantive criminal offenses, after adopting an amendment (L6) clarifying appellate procedure for an anti‑SLAPP provision. Senators raised questions about who may be allowed in an adjacent room with a victim and the risk of coaching.
The Senate on March 5 adopted Senate Bill 95, a bill described by its sponsor as measures to support victim survivors that do not include changes to substantive criminal offenses. The chamber removed the bill from the consent calendar at the sponsor’s request, adopted Amendment L6 to clarify appellate procedure for the bill’s anti‑SLAPP component, and ordered the measure engrossed for third reading.
Senator Weissman, the bill sponsor, told the chamber the judiciary committee had worked with the Department of Public Safety, the Attorney General’s Office and the Office of the State Public Defender and that the amendment resolved a narrow procedural issue. "Subsequent to committee, we clarified a small amendment making sure there's a clear appellate procedure for the anti‑SLAPP part of 95," she said, and moved the amendment L6 to the bill. The amendment was read at the desk and adopted by voice vote.
Senator Zamora Wilson, who said she voted yes, raised a concern about a provision describing individuals who may be present with a victim in a separate room. Reading the relevant language, she said the text allowed "individuals in the room with the victim" and asked who those individuals would be and whether their presence could permit coaching or bias. "I was just concerned about any possibility of coaching and bias," she said, asking members to note the language on page 10 (transcript pagination) and seeking clarification on scope.
With the amendment adopted and discussion concluded, the motion to adopt Senate Bill 95 on second reading carried by voice vote; the bill was ordered engrossed and placed on the calendar for third reading and final passage.
What happened next: the committee of the whole reported the action to the full Senate, and the committee report was adopted on a recorded vote of 35 yes, 0 no, 0 absent, 0 excused.
Why it matters: supporters framed the bill as procedural and protective of survivors while preserving existing criminal‑law boundaries; opponents and cautious supporters pressed for precise language about processes that could affect witness interaction and fairness. Clarifying appellate procedure for the anti‑SLAPP portion may affect how courts handle related appeals if the law is challenged.
Next steps: Senate Bill 95 was ordered engrossed and is scheduled for third reading and final passage on the Senate calendar.
