(1) An out-of-court statement made by a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S., not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay is admissible in any criminal or delinquency proceeding in which the person is alleged to have been a victim if the conditions of subsection (5) of this section are satisfied.
(2) (a) An out-of-court statement made by a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S., that describes all or part of an offense described in paragraph (b) of this subsection (2) performed with, by, on, or in the presence of the declarant, and that is not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay, is admissible in any criminal, delinquency, or civil proceeding if the conditions of subsection (5) of this section are satisfied.
(b) The exception described in subsection (2)(a) of this section applies to an out-of-court statement made by a person with an intellectual and developmental disability, which statement describes all or part of any of the following offenses:
Sexual assault, as described in section 18-3-402 or 18-6.5-103;
Unlawful sexual contact, as described in section 18-3-404 or 18-6.5-103;
Sexual assault on a child, as described in section 18-3-405 or 18-6.5-103;
Sexual assault on a child by one in a position of trust, as described in section 18-3-
405.3 or 18-6.5-103;
Internet sexual exploitation of a child, as described in section 18-3-405.4;
Sexual assault on a client by a psychotherapist, as described in section 18-3-405.5 or 18-6.5-103;
Incest, as described in section 18-6-301;
Aggravated incest, as described in section 18-6-302;
Human trafficking of a minor for involuntary servitude, as described in section 18-
3-503, or human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2);
Sexual exploitation of a child, as described in section 18-6-403;
Indecent exposure, as described in section 18-7-302;
(XI.5) An offense contained in article 6.5 of title 18; or
(XII) Criminal attempt to commit any of the acts specified in this subsection (2)(b).
An out-of-court statement by a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S., that describes any act of child abuse, as defined in section 18-6-401, C.R.S., to which the declarant was subjected or which the declarant witnessed, and that is not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay, is admissible in evidence in any criminal, delinquency, or civil proceeding in which a child is alleged to be a victim of child abuse or the subject of a proceeding alleging that a child is neglected or dependent under section 19-1-104 (1)(b), C.R.S., if the conditions of subsection (5) of this section are satisfied.
An out-of-court statement made by a person with an intellectual and developmentaldisability, as defined in section 25.5-10-202 (26)(a), that describes all or part of an offense contained in part 1 of article 3 of title 18 or article 6.5 of title 18, or that describes an act of domestic violence as defined in section 18-6-800.3 (1), not otherwise admissible by statute or court rule that provides an exception to the objection of hearsay, is admissible in evidence in any criminal, delinquency, or civil proceeding if the conditions of subsection (5) of this section are satisfied.
The exceptions to the objection of hearsay described in subsections (1), (2), (3), and(4) of this section shall apply only if the court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and either:
The statement is a nontestimonial statement; or
(I) The declarant testifies at the proceedings; or
(II) If the declarant is unavailable to testify, the defendant has had an opportunity to cross-examine the declarant in a previous proceeding and there is corroborative evidence of the act which is the subject of the statement.
If a statement is admitted pursuant to this section, the court shall instruct the jury inthe final written instructions that during the proceeding the jury heard evidence repeating a person's out-of-court statement, that it is for the jury to determine the weight and credit to be given the statement, and that, in making the determination, the jury shall consider the nature of the statement, the circumstances under which the statement was made, and any other relevant factor.
The proponent of the statement shall give the adverse party reasonable notice of hisor her intention to offer the statement and the particulars of the statement.
Source: L. 2012: Entire section added, (HB 12-1085), ch. 75, p. 253, § 1, effective August 8. L. 2013: (1), (2)(a), (3), and (4) amended, (HB 13-1314), ch. 323, p. 1802, § 24, effective March 1, 2014. L. 2014: (2)(b)(IX) amended, (HB 14-1273), ch. 282, p. 1152, § 8, effective July 1. L. 2017: (2)(b) and (4) amended, (SB 17-024), ch. 83, p. 257, § 1, effective July 1.