First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
April 14, 2023
HOUSE
Amended 2nd Reading
April 13, 2023
HOUSE SPONSORSHIP
Epps and Mabrey, Bacon, Garcia, Marshall, Sharbini, Woodrow, Boesenecker, Brown,
Dickson, English, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, McCluskie, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Soper, Titone, Velasco,
Vigil, Weissman, Willford, Young
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, WHICH MAY INCLUDE A23
PARTICIPATORY WEB CONFERENCING PLATFORM , AND POST PROMINENTLY24
1182-2- ON THE COURT'S WEBSITE THE LINKS FOR REMOTE OBSERVATION , UNLESS:1
(I)
THE COURTROOM DOES NOT HAVE
SUFFICIENT TECHNOLOGICAL2
CAPABILITY, SUCH AS A PARTICIPATORY WEB CONFERENCING PLATFORM,3
TO MAKE SUCH PROCEEDINGS AVAILABLE TO THE PUBLIC FOR REMOTE4
OBSERVATION; 5
(II)
MEMBERS OF THE PUBLIC HAVE BEEN EXCLUDED FROM THE6
CRIMINAL PROCEEDING BY ORDER OF THE
COURT;7
(III) TECHNOLOGY, STAFFING, OR INTERNET ISSUES LIMIT OR8
PREVENT REMOTE OBSERVATION ; OR9
(IV) AFTER A REQUEST BY A PARTY, WITNESS, OR VICTIM, THE10
COURT MAKES FINDINGS ON THE RECORD BASED ON THE PARTICULAR11
FACTS AND CIRCUMSTANCES OF THE CASE THAT :12
(A) THERE IS A REASONABLE LIKELIHOOD REMOTE OBSERVATION13
OF LIVE PROCEEDINGS RISKS COMPROMISING THE SAFETY OF ANY PERSON,14
THE DEFENDANT'S RIGHT TO A FAIR TRIAL, OR THE VICTIM'S RIGHTS15
PURSUANT TO SECTION 24-4.1-302.5 (1)(a); AND16
(B) THERE IS NO LESS RESTRICTIVE ALTERNATIVE THAT PRESERVES17
THE PUBLIC INTEREST IN REMOTE OBSERVATION WHILE MITIGATING THE18
IDENTIFIED RISK. AS USED IN THIS SUBSECTION (3.5)(a)(IV)(B), "LESS19
RESTRICTIVE ALTERNATIVE" INCLUDES ALLOWING REMOTE AUDIO-ONLY20
OBSERVATION WHILE DISABLING VIDEO OBSERVATION OR TURNING OFF21
REMOTE OBSERVATION FOR PARTICULAR WITNESSES OR DISCRETE22
PORTIONS OF THE PROCEEDING. 23
(b) AS USED IN THIS SECTION, "RISKS COMPROMISING THE SAFETY"24
INCLUDE RISKS TO PHYSICAL AND EMOTIONAL SAFETY, INTIMIDATION, AND25
HARASSMENT.26
(c) WHEN ALLOWING REMOTE OBSERVATION, COURTS SHALL TAKE27
1182
-3- REASONABLE STEPS TO ENSURE THERE IS NO AUDIO OR VISUAL RECORDING,1
INCLUDING PHOTOGRAPHY OR SCREENSHOTS OF THE PROCEEDINGS ,2
WITHOUT EXPLICIT PERMISSION OF THE COURT . AS USED IN THIS3
SUBSECTION (3.5)(c), "REASONABLE STEPS" MUST INCLUDE AN ON-SCREEN4
WARNING THAT ANY RECORDING OF THE PROCEEDINGS WITHOUT A COURT5
ORDER, INCLUDING ANY SCREEN CAPTURE, PHOTOGRAPH, OR AUDIOVISUAL6
RECORDING, IS PROHIBITED. "REASONABLE STEPS" MAY ALSO INCLUDE THE7
COURT ISSUING AN ADDITIONAL VERBAL OR ON -SCREEN WARNING AND8
PROHIBITING REMOTE OBSERVATION BY SPECIFIC INDIVIDUALS WHOM THE9
COURT HAS REASON TO BELIEVE MAY VIOLATE THIS RULE .10
(d) WHEN ALLOWING REMOTE OBSERVATION, COURTS SHALL TAKE11
REASONABLE STEPS TO ENSURE NO AUDIO OR VISUAL TRANSMISSION OF12
PRIVILEGED, CONFIDENTIAL COMMUNICATIONS OCCURS. TO HELP13
FACILITATE PRIVILEGED, CONFIDENTIAL COMMUNICATIONS IN THE14
COURTROOM, COURTS SHALL NOTIFY PARTIES AND ATTORNEYS OF THE15
LOCATION OF MICROPHONES AND ANY ABILITY TO MUTE MICROPHONES. IF16
THE COURT BECOMES AWARE THAT SUCH TRANSMISSIONS OCCURRED, THE17
COURT SHALL WORK WITH THE PARTIES AND ATTORNEYS TO PREVENT18
REOCCURRENCE.19
(e) IF A PROCEEDING SUBJECT TO A SEQUESTRATION ORDER IS20
MADE AVAILABLE FOR PUBLIC REMOTE OBSERVATION, THE COURT SHALL21
TAKE REASONABLE STEPS TO ENSURE COMPLIANCE WITH THE22
SEQUESTRATION ORDER AND ENSURE THE RIGHT TO A FAIR TRIAL, WHICH23
MAY INCLUDE:24
(I) ANNOUNCING THE SEQUESTRATION ORDER AS FREQUENTLY AS25
NECESSARY IN OPEN COURT;26
(II) REQUIRING OBSERVERS TO IDENTIFY THEMSELVES TO ENSURE27
1182
-4- NONE ARE POTENTIAL WITNESSES AND THAT ANY OBSERVERS WHO ARE1
FORBIDDEN FROM DISCUSSING THE CASE WITH WITNESSES KNOW OF THAT2
OBLIGATION;3
(III) AT THE REQUEST OF A PARTY, ALLOWING THE COURT OR4
PARTY TO INQUIRE OF ANY WITNESS, WHILE UNDER OATH AND OUTSIDE5
THE PRESENCE OF THE JURY, IF THE WITNESS WATCHED ANY PORTION OF6
THE PROCEEDING OR DISCUSSED ANY PORTION OF THE PROCEEDING WITH7
ANYONE PRIOR TO TESTIFYING; AND8
(IV) TERMINATING REMOTE OBSERVATION TO PROTECT THE9
PARTIES' RIGHT TO A FAIR TRIAL OR TO ENSURE COMPLIANCE WITH THE10
SEQUESTRATION ORDER.11
(f) FOR CRIMINAL COURTS THAT DO NOT HAVE SUFFICIENT12
EXISTING STAFF OR TECHNOLOGICAL CAPABILITIES TO MAKE PROCEEDINGS13
AVAILABLE FOR REMOTE OBSERVATION AS OF THE EFFECTIVE DATE OF THIS14
SUBSECTION (3.5), IF THE COURT SUBSEQUENTLY OBTAINS SUCH STAFF15
AND CAPABILITIES, THE COURT MUST COMPLY WITH THE PROVISIONS OF16
THIS SECTION WITHIN NINETY DAYS AFTER OBTAINING SUCH STAFF AND17
CAPABILITIES.18
SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as19
follows:20
13-10-103. Applicability. This article 10 applies to and governs21
the operation of municipal courts in the cities and towns of this state.22
Except for the provisions relating to the method of salary payment for23
municipal judges, the incarceration of children pursuant to sections24
19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or25
lawful custodian of any child under eighteen years of age who is charged26
with a municipal offense as required by section 13-10-111, the right to a27
1182
-5- trial by jury for petty offenses pursuant to section 16-10-109, relief from1
improperly entered guilty pleas pursuant to section 18-1-410.6,
MAKING2
CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE3
FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME , rules of4
procedure promulgated by the supreme court, and appellate procedure,5
this article 10 may be superseded by charter or ordinance enacted by a6
home rule city. 7
SECTION 4. Act subject to petition - effective date. This act8
takes effect September 1, 2023; except that, if a referendum petition is9
filed pursuant to section 1 (3) of article V of the state constitution against10
this act or an item, section, or part of this act within the ninety-day period11
after final adjournment of the general assembly, then the act, item,12
section, or part will not take effect unless approved by the people at the13
general election to be held in November 2024 and, in such case, will take14
effect on the date of the official declaration of the vote thereon by the15
governor.16
1182
-6-