First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0639.01 Jerry Barry x4341
HOUSE BILL 23-1182
House Committees Senate Committees
Judiciary 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
SENATE
3rd Reading Unamended
May 1, 2023
SENATE
Amended 2nd Reading
April 28, 2023
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, Buckner, Cutter, Exum, Jaquez Lewis, Liston, Marchman, Moreno,
Priola, Roberts, Smallwood, Sullivan, Van Winkle, Winter F.
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, OR ON10
THE COURT'S OWN MOTION, THE COURT MAKES FINDINGS ON THE RECORD11
BASED ON THE PARTICULAR FACTS AND CIRCUMSTANCES OF THE CASE12
THAT:13
(A) THERE IS A REASONABLE LIKELIHOOD REMOTE OBSERVATION14
OF LIVE PROCEEDINGS RISKS COMPROMISING THE SAFETY OF ANY PERSON;15
THE DEFENDANT'S RIGHT TO A FAIR TRIAL, INCLUDING VIOLATIONS OF16
SEQUESTRATION ORDERS; OR THE VICTIM'S RIGHTS PURSUANT TO SECTION17
24-4.1-302.5 (1)(a); AND18
(B) THERE IS NO LESS RESTRICTIVE ALTERNATIVE THAT PRESERVES19
THE PUBLIC INTEREST IN REMOTE OBSERVATION WHILE MITIGATING THE20
IDENTIFIED RISK. AS USED IN THIS SUBSECTION (3.5)(a)(IV)(B), "LESS21
RESTRICTIVE ALTERNATIVE" INCLUDES ALLOWING REMOTE AUDIO-ONLY22
OBSERVATION WHILE DISABLING VIDEO OBSERVATION OR TURNING OFF23
REMOTE OBSERVATION FOR PARTICULAR WITNESSES OR DISCRETE24
PORTIONS OF THE PROCEEDING. 25
(b) AS USED IN THIS SECTION, "RISKS COMPROMISING THE SAFETY"26
INCLUDE RISKS TO PHYSICAL AND EMOTIONAL SAFETY, INTIMIDATION, AND27
1182
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(c) WHEN ALLOWING REMOTE OBSERVATION, COURTS SHALL TAKE2
REASONABLE STEPS TO ENSURE THERE IS NO AUDIO OR VISUAL RECORDING ,3
INCLUDING PHOTOGRAPHY OR SCREENSHOTS OF THE PROCEEDINGS ,4
WITHOUT EXPLICIT PERMISSION OF THE COURT . AS USED IN THIS5
SUBSECTION (3.5)(c), "REASONABLE STEPS" MUST INCLUDE AN ON-SCREEN6
WARNING THAT ANY RECORDING OF THE PROCEEDINGS WITHOUT A COURT7
ORDER, INCLUDING ANY SCREEN CAPTURE, PHOTOGRAPH, OR AUDIOVISUAL8
RECORDING, IS PROHIBITED. "REASONABLE STEPS" MAY ALSO INCLUDE THE9
COURT ISSUING AN ADDITIONAL VERBAL OR ON-SCREEN WARNING AND10
PROHIBITING REMOTE OBSERVATION BY SPECIFIC INDIVIDUALS WHOM THE11
COURT HAS REASON TO BELIEVE MAY VIOLATE THIS RULE .12
(d) WHEN ALLOWING REMOTE OBSERVATION, COURTS SHALL TAKE13
REASONABLE STEPS TO ENSURE NO AUDIO OR VISUAL TRANSMISSION OF14
PRIVILEGED, CONFIDENTIAL COMMUNICATIONS OCCURS. TO HELP15
FACILITATE PRIVILEGED, CONFIDENTIAL COMMUNICATIONS IN THE16
COURTROOM, COURTS SHALL NOTIFY PARTIES AND ATTORNEYS OF THE17
LOCATION OF MICROPHONES AND ANY ABILITY TO MUTE MICROPHONES. IF18
THE COURT BECOMES AWARE THAT SUCH TRANSMISSIONS OCCURRED, THE19
COURT SHALL WORK WITH THE PARTIES AND ATTORNEYS TO PREVENT20
REOCCURRENCE.21
(e) IF A PROCEEDING SUBJECT TO A SEQUESTRATION ORDER IS22
MADE AVAILABLE FOR PUBLIC REMOTE OBSERVATION, THE COURT SHALL23
TAKE REASONABLE STEPS TO ENSURE COMPLIANCE WITH THE24
SEQUESTRATION ORDER AND ENSURE THE RIGHT TO A FAIR TRIAL, WHICH25
MAY INCLUDE:26
(I) ANNOUNCING THE SEQUESTRATION ORDER AS FREQUENTLY AS27
1182
-4- NECESSARY IN OPEN COURT;1
(II) REQUIRING OBSERVERS TO IDENTIFY THEMSELVES TO ENSURE2
NONE ARE POTENTIAL WITNESSES AND THAT ANY OBSERVERS WHO ARE3
FORBIDDEN FROM DISCUSSING THE CASE WITH WITNESSES KNOW OF THAT4
OBLIGATION;5
(III) AT THE REQUEST OF A PARTY, ALLOWING THE COURT OR6
PARTY TO INQUIRE OF ANY WITNESS , WHILE UNDER OATH AND OUTSIDE7
THE PRESENCE OF THE JURY, IF THE WITNESS WATCHED ANY PORTION OF8
THE PROCEEDING OR DISCUSSED ANY PORTION OF THE PROCEEDING WITH9
ANYONE PRIOR TO TESTIFYING; AND10
(IV) TERMINATING REMOTE OBSERVATION TO PROTECT THE11
PARTIES' RIGHT TO A FAIR TRIAL OR TO ENSURE COMPLIANCE WITH THE12
SEQUESTRATION ORDER.13
(f) FOR CRIMINAL COURTS THAT DO NOT HAVE SUFFICIENT14
EXISTING STAFF OR TECHNOLOGICAL CAPABILITIES TO MAKE PROCEEDINGS15
AVAILABLE FOR REMOTE OBSERVATION AS OF THE EFFECTIVE DATE OF THIS16
SUBSECTION (3.5), IF THE COURT SUBSEQUENTLY OBTAINS SUCH STAFF17
AND CAPABILITIES, THE COURT MUST COMPLY WITH THE PROVISIONS OF18
THIS SECTION WITHIN NINETY DAYS AFTER OBTAINING SUCH STAFF AND19
CAPABILITIES.20
(g) T
HIS SUBSECTION (3.5) DOES NOT APPLY TO JUVENILE
21
DELINQUENCY CASES PURSUANT TO TITLE 19 OR TO CASES IN WHICH A22
JUVENILE HAS BEEN CHARGED BY DIRECT FILING OF INFORMATION OR AN23
INDICTMENT IN DISTRICT COURT PURSUANT TO SECTION 19-2.5-801 UNTIL24
THE COMPLETION OF A PRELIMINARY HEARING AND COMPLETION OF ANY25
HEARING REQUESTING TO TRANSFER THE CASE TO JUVENILE COURT26
PURSUANT TO SECTION 19-2.5-801 (4).27
1182
-5- SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as1
follows:2
13-10-103. Applicability. This article 10 applies to and governs3
the operation of municipal courts in the cities and towns of this state.4
Except for the provisions relating to the method of salary payment for5
municipal judges, the incarceration of children pursuant to sections6
19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or7
lawful custodian of any child under eighteen years of age who is charged8
with a municipal offense as required by section 13-10-111, the right to a9
trial by jury for petty offenses pursuant to section 16-10-109, relief from10
improperly entered guilty pleas pursuant to section 18-1-410.6,
MAKING11
CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE12
FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME , rules of13
procedure promulgated by the supreme court, and appellate procedure,14
this article 10 may be superseded by charter or ordinance enacted by a15
home rule city. 16
SECTION 4. Act subject to petition - effective date. This act17
takes effect September 1, 2023; except that, if a referendum petition is18
filed pursuant to section 1 (3) of article V of the state constitution against19
this act or an item, section, or part of this act within the ninety-day period20
after final adjournment of the general assembly, then the act, item,21
section, or part will not take effect unless approved by the people at the22
general election to be held in November 2024 and, in such case, will take23
effect on the date of the official declaration of the vote thereon by the24
governor.25
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