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February 23, 2023 HB 23-1182
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0639
Rep. Epps; Mabrey
Sen. Fields; Gardner
Date:
Bill Status:
Fiscal Analyst:
February 23, 2023
House Judiciary
John Armstrong | 303-866-6289
john.armstrong@coleg.gov
Bill Topic: REMOTE PUBLIC ACCESS TO CRIMINAL COURT PROCEEDINGS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill requires county and district courts to allow the public to view criminal court
proceedings conducted in open court, provided the court has the technology to do so.
The bill will increase state and local workload and may increase state and local
expenditures on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill requires all Colorado courts, including municipal courts, to make criminal court proceedings
conducted in open court available for remote public viewing unless the courtroom does not have the
technological capability to make the proceedings available to the public. Courtrooms may still exclude
members of the public from viewing proceedings through a court order.
Background
In response to the COVID-19 pandemic, Colorado courts developed procedures for virtual courtrooms
to continue operations while mitigating the spread of COVID-19. Courts currently offer virtual
proceedings at their discretion and to allow litigants to speak, respond, and participate in hearings.
Trial courts accomplish this using web conferencing platforms instead of through livestreaming or
telecasting.
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February 23, 2023 HB 23-1182
State Expenditures
The bill will minimally increase workload in the instances where trial courts that have the capability
to allow remote public viewing will admit additional members to virtual proceedings.
Trial courts do not currently have the technological capability to allow non-participatory remote
observation in most locations. Web conferencing platforms in virtual courtrooms are designed to give
participants the opportunity to speak and participate in hearings as litigants and witnesses. These
litigants and witnesses are admitted to virtual courtrooms by court staff as appropriate. These
admissions are generally not for non-participating members of the public. This fiscal note assumes
that courts are not required to expand their technological capabilities to add an additional plug-in to
their existing web conference platforms to allow for non-participatory viewing. If courts are required
to purchase livestreaming, it is estimated to cost $45 per hearing.
Local Government
Similar to the state, municipal and Denver County Court staff may see a minimal increase in workload
to allow additional members of the public to view proceedings that are available for public viewing.
In addition, should municipal courts choose to purchase software to allow for live streaming, costs to
that municipality will increase.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Counties Information Technology Judicial Municipalities
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.