Criminal actions - prenatal drug and alcohol screening - admissibility of evidence.

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A court shall not admit in a criminal proceeding information relating to substance use not otherwise required to be reported pursuant to section 19-3-304, obtained as part of a screening or test performed to determine pregnancy or to provide prenatal or postpartum care, up to one year postpartum, or if a pregnant or parenting woman discloses substance use during pregnancy while seeking or participating in behavioral health treatment. This section does not prohibit prosecution of any claim or action related to such substance use based on evidence obtained through methods other than those described in this section.

Source: L. 2012: Entire section added, (HB 12-1100), ch. 10, p. 27, § 2, effective March 9. L. 2019: Entire section amended, (HB 19-1193), ch. 272, p. 2574, § 10, effective May 23.

Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 10, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1193, see section 1 of chapter 272, Session Laws of Colorado 2019.


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