First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0639.01 Jerry Barry x4341
HOUSE BILL 23-1182
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT FOR REMOTE PUBLIC ACCESS TO101
OBSERVE CRIMINAL COURT PROCEEDINGS .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 requires all courts in Colorado to provide remote access
for the public to observe any criminal court proceeding conducted in open
court, unless the court does not have the technology available to do so or
the court has ordered that the public is excluded from the proceeding. The
bill also requires the court to post links on its website for the remote
observation. If a court does not have the technology to allow remote
HOUSE SPONSORSHIP
Epps and Mabrey, Bacon, Garcia, Marshall, Sharbini, Woodrow
SENATE SPONSORSHIP
Fields and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. observation to the public but later obtains such technology, the bill
requires the court to comply with the bill within 90 days after obtaining
the necessary technology.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) It is the public policy of the state of Colorado to maximize4
transparency and accessibility of criminal court proceedings;5
(b) The Colorado judicial branch increased transparency in 20206
when it facilitated expanded access to remote observation of criminal7
court proceedings in every judicial district;8
(c) Continued access to remote court observation remains9
inconsistent and unpredictable, both within and between jurisdictions; and10
(d) All Coloradans benefit from consistent, predictable access to11
observe criminal court proceedings remotely.12
(2) Therefore, it is the intent of the general assembly to increase13
transparency and ensure consistent, predictable statewide access for the14
public to remotely observe criminal proceedings held in open court.15
SECTION 2. In Colorado Revised Statutes, 13-1-132, add (3.5)16
as follows:17
13-1-132. Use of interactive audiovisual devices and18
communication technology in court proceedings. (3.5) (a) A
LL19
C
OLORADO COURTS, INCLUDING MUNICIPAL COURTS, SHALL MAKE ANY20
CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE21
FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME , AT NO COST22
TO THE PUBLIC, THROUGH AN ONLINE PLATFORM AND POST PROMINENTLY23
ON THE COURT'S WEBSITE THE LINKS FOR REMOTE OBSERVATION , UNLESS:24
HB23-1182-2- (I) THE COURTROOM DOES NOT HAVE EXISTING TECHNOLOGICAL1
CAPABILITY TO MAKE SUCH PROCEEDINGS AVAILABLE TO THE PUBLIC FOR2
REMOTE OBSERVATION; OR3
(II)
MEMBERS OF THE PUBLIC HAVE BEEN EXCLUDED FROM THE4
CRIMINAL PROCEEDING BY ORDER OF THE COURT .5
(b) F
OR CRIMINAL COURTS THAT DO NOT HAVE EXISTING6
TECHNOLOGICAL CAPABILITIES TO MAKE PROCEEDINGS AVAILABLE FOR7
REMOTE OBSERVATION AS OF THE EFFECTIVE DATE OF THIS SUBSECTION8
(3.5),
IF THE COURT SUBSEQUENTLY OBTAINS SUCH CAPABILITIES , THE9
COURT MUST COMPLY WITH THE PROVISIONS OF THIS SECTION WITHIN10
NINETY DAYS AFTER OBTAINING SUCH CAPABILITIES .11
SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as12
follows:13
13-10-103. Applicability. This article 10 applies to and governs14
the operation of municipal courts in the cities and towns of this state.15
Except for the provisions relating to the method of salary payment for16
municipal judges, the incarceration of children pursuant to sections17
19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or18
lawful custodian of any child under eighteen years of age who is charged19
with a municipal offense as required by section 13-10-111, the right to a20
trial by jury for petty offenses pursuant to section 16-10-109, relief from21
improperly entered guilty pleas pursuant to section 18-1-410.6,
MAKING22
CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE23
FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME , rules of24
procedure promulgated by the supreme court, and appellate procedure,25
this article 10 may be superseded by charter or ordinance enacted by a26
home rule city. 27
HB23-1182
-3- SECTION 4. Act subject to petition - effective date. This act1
takes effect September 1, 2023; except that, if a referendum petition is2
filed pursuant to section 1 (3) of article V of the state constitution against3
this act or an item, section, or part of this act within the ninety-day period4
after final adjournment of the general assembly, then the act, item,5
section, or part will not take effect unless approved by the people at the6
general election to be held in November 2024 and, in such case, will take7
effect on the date of the official declaration of the vote thereon by the8
governor.9
HB23-1182
-4-