Text of CO HB 1114 (2020)

Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. 20-0655.01 Jacob Baus x2173 HOUSE BILL 20-1114 House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING THE ESTABLISHMENT OF THE "PROTECTION OF MINORS 101 FROM MUTILATION AND STERILIZATION ACT". 102 Bill Summary (Note: ,This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill protects minors from mutilation and sterilization. The bill creates a crime of unlawful sex reassignment treatment of a minor. A health care professional commits unlawful sex reassignment treatment of a minor if the person knowingly administers, dispenses, or prescribes a drug or hormone or orders or performs a surgical procedure for the purpose of facilitating sex reassignment of a minor. HOUSE SPONSORSHIP Sandridge, Baisley, Bockenfeld, Geitner, Humphrey, Liston, Neville, Pelton, Ransom, Rich, Saine, Soper, Will, Williams D. SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. Unlawful sex reassignment treatment of a minor is a class 3 felony. A health care professional who is convicted of unlawful sex reassignment treatment of a minor is subject to professional disciplinary action. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add 18-6-406 as 2 follows: 3 18-6-406. Unlawful sex reassignment treatment of a minor - 4 short title - definitions. (1) THE SHORT TITLE OF THIS SECTION IS THE 5 "PROTECTION OF MINORS FROM MUTILATION AND STERILIZATION ACT". 6 (2) A HEALTH CARE PROFESSIONAL COMMITS UNLAWFUL SEX 7 REASSIGNMENT TREATMENT OF A MINOR IF THE PERSON KNOWINGLY 8 ADMINISTERS, DISPENSES, OR PRESCRIBES A DRUG OR HORMONE OR 9 ORDERS OR PERFORMS A SEX REASSIGNMENT SURGICAL PROCEDURE FOR 10 THE PURPOSE OF FACILITATING SEX REASSIGNMENT OF A MINOR. 11 (3) UNLAWFUL SEX REASSIGNMENT TREATMENT OF A MINOR IS A 12 CLASS 3 FELONY. 13 (4) THIS SECTION DOES NOT APPLY TO A HEALTH CARE 14 PROFESSIONAL WHO ADMINISTERS, DISPENSES, OR PRESCRIBES A DRUG OR 15 HORMONE OR ORDERS OR PERFORMS A SURGICAL PROCEDURE FOR THE 16 PURPOSE OF TREATING A MINOR WHO HAS A PHYSICAL DISORDER OF SEX 17 DEVELOPMENT. 18 (5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 19 REQUIRES: 20 (a) "HEALTH CARE PROFESSIONAL" MEANS: 21 (I) A DENTIST LICENSED PURSUANT TO ARTICLE 220 OF TITLE 12; 22 (II) A PHYSICIAN OR PHYSICIAN ASSISTANT LICENSED PURSUANT 23 HB20-1114 -2- TO ARTICLE 240 OF TITLE 12; 1 (III) AN ADVANCED PRACTICE NURSE WITH PRESCRIPTIVE 2 AUTHORITY PURSUANT TO SECTION 12-255-112; 3 (IV) AN OPTOMETRIST LICENSED PURSUANT TO ARTICLE 275 OF 4 TITLE 12; OR 5 (V) A PODIATRIST LICENSED PURSUANT TO ARTICLE 290 OF TITLE 6 12. 7 (b) "MINOR" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF 8 AGE. 9 (c) "SEX REASSIGNMENT SURGICAL PROCEDURE" MEANS A 10 SURGICAL PROCEDURE PERFORMED ON A MINOR WITH THE INTENT TO 11 ALTER OR REMOVE EXISTING HEALTHY SEXUAL ORGANS OR MODIFY THE 12 PHYSICAL APPEARANCE OR FUNCTION OF THE CHARACTERISTICS OF THE 13 INDIVIDUAL IN ORDER TO RESEMBLE THE OPPOSITE SEX. "SEX 14 REASSIGNMENT SURGICAL PROCEDURE" INCLUDES, BUT IS NOT LIMITED TO, 15 MASTECTOMY, HYSTERECTOMY, OOPHORECTOMY, METOIDIOPLASTY, 16 PHALLOPLASTY, VASECTOMY, ORCHIECTOMY, PENECTOMY, AND 17 VAGINOPLASTY. 18 SECTION 2. In Colorado Revised Statutes, 12-220-130, add 19 (1)(b.5) as follows: 20 12-220-130. Grounds for disciplinary action - definition. 21 (1) The board may take disciplinary action against an applicant or 22 licensee in accordance with sections 12-20-404 and 12-220-131 for any 23 of the following causes: 24 (b.5) CONVICTION OF UNLAWFUL SEX REASSIGNMENT TREATMENT 25 OF A MINOR AS DESCRIBED IN SECTION 18-6-406. FOR PURPOSES OF THIS 26 SUBSECTION (1)(b.5), "CONVICTION" INCLUDES THE ENTRY OF A PLEA OF 27 HB20-1114 -3- GUILTY OR NOLO CONTENDERE OR THE IMPOSITION OF A DEFERRED 1 SENTENCE. 2 SECTION 3. In Colorado Revised Statutes, 12-240-121, add 3 (1)(b.5) as follows: 4 12-240-121. Unprofessional conduct - definitions. 5 (1) "Unprofessional conduct" as used in this article 240 means: 6 (b.5) A CONVICTION OF UNLAWFUL SEX REASSIGNMENT 7 TREATMENT OF A MINOR AS DESCRIBED IN SECTION 18-6-406. FOR 8 PURPOSES OF THIS SUBSECTION (1)(b.5), "CONVICTION" INCLUDES THE 9 ENTRY OF A PLEA OF GUILTY OR NOLO CONTENDERE OR THE IMPOSITION OF 10 A DEFERRED SENTENCE. 11 SECTION 4. In Colorado Revised Statutes, 12-255-120, add 12 (1)(b.5) as follows: 13 12-255-120. Grounds for discipline. (1) "Grounds for 14 discipline", as used in this article 255, means any action by any person 15 who: 16 (b.5) HAS BEEN CONVICTED OF UNLAWFUL SEX REASSIGNMENT 17 TREATMENT OF A MINOR AS DESCRIBED IN SECTION 18-6-406. FOR 18 PURPOSES OF THIS SUBSECTION (1)(b.5), "CONVICTION" INCLUDES THE 19 ENTRY OF A PLEA OF GUILTY OR NOLO CONTENDERE OR THE IMPOSITION OF 20 A DEFERRED SENTENCE. A CERTIFIED COPY OF THE JUDGMENT OF A COURT 21 OF COMPETENT JURISDICTION OF THE CONVICTION OR PLEA IS PRIMA FACIA 22 EVIDENCE OF THE CONVICTION. 23 SECTION 5. In Colorado Revised Statutes, 12-275-120, add 24 (1)(r.5) as follows: 25 12-275-120. Unprofessional conduct - definitions. (1) The term 26 "unprofessional conduct", as used in this article 275, means: 27 HB20-1114 -4- (r.5) A CONVICTION OF UNLAWFUL SEX REASSIGNMENT 1 TREATMENT OF A MINOR AS DESCRIBED IN SECTION 18-6-406. FOR 2 PURPOSES OF THIS SUBSECTION (1)(r.5), "CONVICTION" INCLUDES THE 3 ENTRY OF A PLEA OF GUILTY OR NOLO CONTENDERE OR THE IMPOSITION OF 4 A DEFERRED SENTENCE. 5 SECTION 6. In Colorado Revised Statutes, 12-290-108, add 6 (3)(b.5) as follows: 7 12-290-108. Issuance, revocation, or suspension of license - 8 probation - unprofessional conduct - definitions - immunity in 9 professional review. (3) "Unprofessional conduct" as used in this article 10 290 means: 11 (b.5) CONVICTION OF UNLAWFUL SEX REASSIGNMENT TREATMENT 12 OF A MINOR AS DESCRIBED IN SECTION 18-6-406. FOR PURPOSES OF THIS 13 SUBSECTION (3)(b.5), "CONVICTION" INCLUDES THE ENTRY OF A PLEA OF 14 GUILTY OR NOLO CONTENDERE OR THE IMPOSITION OF A DEFERRED 15 SENTENCE. 16 SECTION 7. Potential appropriation. Pursuant to section 17 2-2-703, C.R.S., any bill that results in a net increase in periods of 18 imprisonment in state correctional facilities must include an appropriation 19 of money that is sufficient to cover any increased capital construction, any 20 operational costs, and increased parole costs that are the result of the bill 21 for the department of corrections in each of the first five years following 22 the effective date of the bill. Because this act may increase periods of 23 imprisonment, this act may require a five-year appropriation. 24 SECTION 8. Applicability. This act applies to offenses 25 committed on or after the effective date of this act. 26 SECTION 9. Safety clause. The general assembly hereby finds, 27 HB20-1114 -5- determines, and declares that this act is necessary for the immediate 1 preservation of the public peace, health, or safety. 2 HB20-1114 -6-