(1) On or before March 1, 2018,
and on or before March 1 each year thereafter, the division shall submit a report to
the judiciary committees of the house of representatives and senate, or to any
successor committees, that includes, to the extent possible, the following
information:
(a) The total number of citations made for suspected substance-affected
driving violations during the reporting period;
(b) Of the total number of citations made for suspected substance-affected
driving during the reporting period, the total number of such citations that resulted
in the filing of a substance-affected driving charge against the driver, including an
indication of how many such cases involved alcohol, one or more drugs, or a
combination of alcohol and one or more drugs;
(c) Of the filed cases, how many resulted in at least one conviction for
substance-affected driving;
(d) Of the cases that resulted in at least one conviction for substance-affected driving, and for which evidentiary test results are available, which drugs,
including alcohol, or combination of drugs were present in the defendants' bodies,
and, for alcohol and marijuana, the laboratory values;
(e) The total number of DUI and DWAI cases during the reporting period that
involved:
(I) Alcohol;
(II) Marijuana;
(III) Schedule I drugs, as described in section 18-18-203, other than
marijuana; or
(IV) Other drugs; and
(f) For those cases in which evidentiary test results are available, for each
type of biological sample taken, the time that elapsed between the time that each
traffic stop or traffic incident occurred and the time at which the biological sample
was taken.
(2) (a) For the purpose of producing the report described in subsection (1) of
this section, the division shall collect and analyze substance-affected driving
violation data as follows:
(I) From the state judicial branch and from the Denver county court, the
division shall collect case-identifier data, event data, filing dates, data identifying
law enforcement agencies, demographic data relating to each defendant, data
indicating the cause of each substance-affected driving citation, court findings, and
sentences;
(II) From forensic toxicology laboratories only, and from no other source, the
division, to the extent possible, shall collect case-identifier data, event dates and
times, collection dates and times, and confirmatory laboratory values from reports
created for law enforcement agencies and prosecutors and shall specify the name
of each drug that was confirmed and its laboratory value;
(III) From the department of public health and environment, the division shall
collect evidentiary breath alcohol test results, including case-identifier data, event
dates and times, and the results obtained on evidentiary breath alcohol testing
devices certified by the department of public health and environment; and
(IV) From the division of probation services, the division shall collect case-identifier data and, to the extent possible, data concerning the classes and types of
drugs that were involved in each substance-affected driving incident.
(b) The database compiled by the division containing personal identifying
information relating to the test results of persons' biological samples, and all
personal identifying information thereof, are not public information and are not
subject to the provisions of the Colorado Open Records Act, part 2 of article 72 of
this title 24. The division shall disclose information only by means of the report
described in subsection (1) of this section, which must not include any personal
identifying information.
(3) A public or private laboratory carrying out analysis of evidentiary
samples that were taken by a law enforcement agency and submitted to the
laboratory pursuant to section 42-4-1301.1 shall collect and share test results with
the division for the purposes of this section. The division shall not disclose any
personal identifying information that is included in such test results.
(4) (a) There is created in the state treasury the substance-affected driving
data-analysis cash fund, referred to in this section as the fund, to include money
collected from surcharges assessed pursuant to section 42-4-1307 (10)(e) and any
money credited to the fund pursuant to subsection (4)(b) of this section. The money
in the fund is subject to annual appropriation by the general assembly to the
division for the purpose described in subsection (1) of this section. All interest
derived from the deposit and investment of money in the fund remains in the fund.
Any unexpended or unencumbered money remaining in the fund at the end of a
fiscal year remains in the fund and may not be transferred or credited to the
general fund or another fund.
(b) The division may accept any gifts, grants, or donations from any private or
public source on behalf of the state for purposes of this section. The division shall
transmit all private and public money received through grants, gifts, or donations to
the state treasurer, who shall credit the same to the fund.
(c) The division may use money in the fund to reimburse and provide advance
payments to state, municipal, and private agencies and laboratories that apply to
the division for payment of costs they incur in complying with this section.
(5) Notwithstanding section 24-1-136 (11)(a)(I), the report described in
subsection (1) of this section is not subject to the expiration date described in said
section 24-1-136 (11)(a)(I).
(6) As used in this section, unless the context requires otherwise:
(a) Forensic toxicology laboratory means a forensic toxicology laboratory
that is certified by the department of public health and environment to perform
testing of samples collected from individuals suspected of DUI, DUI per se, or DWAI.
(b) Reporting period means the calendar year ending fourteen months
before the March 1 due date of the report.
(c) Substance-affected driving means driving in violation of section 42-4-1301 (1)(a), (1)(b), or (2)(a); section 18-3-106 (1)(b); or section 18-3-205 (1)(b).
(7) The department of public safety shall include the report described in
subsection (1) of this section in the department's annual presentation to the
committees of reference pursuant to section 2-7-203.