Colorado 2023 Regular Session

Colorado House Bill HB1182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0639.01 Jerry Barry x4341
1	8		HOUSE BILL 23-1182
2		-	BY REPRESENTATIVE(S) Epps and Mabrey, Bacon, Garcia, Marshall,
3		-	Sharbini, Woodrow, Boesenecker, Brown, Dickson, English,
4		-	Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindsay,
5		-	Lindstedt, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Soper, Titone,
6		-	Velasco, Vigil, Weissman, Willford, Young, McCluskie, Amabile, Froelich,
7		-	Herod, Martinez, Valdez;
8		-	also SENATOR(S) Fields and Gardner, Buckner, Cutter, Exum,
9		-	Jaquez Lewis, Liston, Marchman, Moreno, Priola, Roberts, Smallwood,
10		-	Sullivan, Van Winkle, Winter F.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING A REQUIREMENT FOR REMOTE PUBLIC ACCESS TO OBSERVE
13		-	CRIMINAL COURT PROCEEDINGS
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative declaration. (1) The general assembly
18		-	finds and declares that:
19		-	(a) It is the public policy of the state of Colorado to maximize
20		-	transparency and accessibility of criminal court proceedings;
21		-	(b) The Colorado judicial branch increased transparency in 2020
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. when it facilitated expanded access to remote observation of criminal court
30		-	proceedings in every judicial district;
31		-	(c) Continued access to remote court observation remains
32		-	inconsistent and unpredictable, both within and between jurisdictions; and
33		-	(d) All Coloradans benefit from consistent, predictable access to
34		-	observe criminal court proceedings remotely.
35		-	(2) Therefore, it is the intent of the general assembly to increase
36		-	transparency and ensure consistent, predictable statewide access for the
37		-	public to remotely observe criminal proceedings held in open court.
38		-	SECTION 2. In Colorado Revised Statutes, 13-1-132, add (3.5) as
39		-	follows:
40		-	13-1-132. Use of interactive audiovisual devices and
	13	+	ONCERNING A REQUIREMENT FOR REMOTE PUBLIC ACCESS TO101
	14	+	OBSERVE CRIMINAL COURT PROCEEDINGS .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill requires all courts in Colorado to provide remote access
	23	+	for the public to observe any criminal court proceeding conducted in open
	24	+	court, unless the court does not have the technology available to do so or
	25	+	the court has ordered that the public is excluded from the proceeding. The
	26	+	bill also requires the court to post links on its website for the remote
	27	+	observation. If a court does not have the technology to allow remote
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	May 1, 2023
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	April 28, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	April 14, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 13, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Epps and Mabrey, Bacon, Garcia, Marshall, Sharbini, Woodrow, Boesenecker, Brown,
	42	+	Dickson, English, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindsay,
	43	+	Lindstedt, McCluskie, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Soper, Titone, Velasco,
	44	+	Vigil, Weissman, Willford, Young
	45	+	SENATE SPONSORSHIP
	46	+	Fields and Gardner, Buckner, Cutter, Exum, Jaquez Lewis, Liston, Marchman, Moreno,
	47	+	Priola, Roberts, Smallwood, Sullivan, Van Winkle, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. observation to the public but later obtains such technology, the bill
	51	+	requires the court to comply with the bill within 90 days after obtaining
	52	+	the necessary technology.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. Legislative declaration. (1) The general assembly2
	55	+	finds and declares that:3
	56	+	(a) It is the public policy of the state of Colorado to maximize4
	57	+	transparency and accessibility of criminal court proceedings;5
	58	+	(b) The Colorado judicial branch increased transparency in 20206
	59	+	when it facilitated expanded access to remote observation of criminal7
	60	+	court proceedings in every judicial district;8
	61	+	(c) Continued access to remote court observation remains9
	62	+	inconsistent and unpredictable, both within and between jurisdictions; and10
	63	+	(d) All Coloradans benefit from consistent, predictable access to11
	64	+	observe criminal court proceedings remotely.12
	65	+	(2) Therefore, it is the intent of the general assembly to increase13
	66	+	transparency and ensure consistent, predictable statewide access for the14
	67	+	public to remotely observe criminal proceedings held in open court.15
	68	+	SECTION 2. In Colorado Revised Statutes, 13-1-132, add (3.5)16
	69	+	as follows:17
	70	+	13-1-132. Use of interactive audiovisual devices and18
41	71		communication technology in court proceedings. (3.5) (a) A
42		-	LL
43		-	COLORADO COURTS, INCLUDING MUNICIPAL COURTS , SHALL MAKE ANY
44		-	CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE FOR
45		-	REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME
46		-	, AT NO COST TO THE
47		-	PUBLIC
48		-	, THROUGH AN ONLINE PLATFORM , WHICH MAY INCLUDE A
49		-	PARTICIPATORY WEB CONFERENCING PLATFORM
50		-	, AND POST PROMINENTLY ON
51		-	THE COURT
52		-	'S WEBSITE THE LINKS FOR REMOTE OBSERVATION , UNLESS:
53		-	(I) T
54		-	HE COURTROOM DOES NOT HAVE SUFFICIENT TECHNOLOGICAL
55		-	CAPABILITY
56		-	, SUCH AS A PARTICIPATORY WEB CONFERENCING PLATFORM , TO
57		-	MAKE SUCH PROCEEDINGS AVAILABLE TO THE PUBLIC FOR REMOTE
58		-	OBSERVATION
59		-	;
60		-	(II) M
61		-	EMBERS OF THE PUBLIC HAVE BEEN EXCLUDED FROM THE
62		-	CRIMINAL PROCEEDING BY ORDER OF THE COURT
63		-	;
64		-	(III) T
65		-	ECHNOLOGY, STAFFING, OR INTERNET ISSUES LIMIT OR
66		-	PREVENT REMOTE OBSERVATION
67		-	; OR
68		-	(IV) AFTER A REQUEST BY A PARTY, WITNESS, OR VICTIM, OR ON THE
69		-	COURT
70		-	'S OWN MOTION, THE COURT MAKES FINDINGS ON THE RECORD BASED
71		-	ON THE PARTICULAR FACTS AND CIRCUMSTANCES OF THE CASE THAT
72		-	:
73		-	PAGE 2-HOUSE BILL 23-1182 (A) THERE IS A REASONABLE LIKELIHOOD REMOTE OBSERVATION OF
74		-	LIVE PROCEEDINGS RISKS COMPROMISING THE SAFETY OF ANY PERSON
75		-	; THE
76		-	DEFENDANT
77		-	'S RIGHT TO A FAIR TRIAL , INCLUDING VIOLATIONS OF
78		-	SEQUESTRATION ORDERS
79		-	; OR THE VICTIM'S RIGHTS PURSUANT TO SECTION
80		-	24-4.1-302.5 (1)(a); AND
81		-	(B) THERE IS NO LESS RESTRICTIVE ALTERNATIVE THAT PRESERVES
82		-	THE PUBLIC INTEREST IN REMOTE OBSERVATION WHILE MITIGATING THE
83		-	IDENTIFIED RISK
84		-	. AS USED IN THIS SUBSECTION (3.5)(a)(IV)(B), "LESS
85		-	RESTRICTIVE ALTERNATIVE
86		-	" INCLUDES ALLOWING REMOTE AUDIO -ONLY
87		-	OBSERVATION WHILE DISABLING VIDEO OBSERVATION OR TURNING OFF
88		-	REMOTE OBSERVATION FOR PARTICULAR WITNESSES OR DISCRETE PORTIONS
89		-	OF THE PROCEEDING
90		-	.
91		-	(b) A
92		-	S USED IN THIS SECTION, "RISKS COMPROMISING THE SAFETY "
93		-	INCLUDE RISKS TO PHYSICAL AND EMOTIONAL SAFETY , INTIMIDATION, AND
94		-	HARASSMENT
95		-	.
96		-	(c) W
97		-	HEN ALLOWING REMOTE OBSERVATION , COURTS SHALL TAKE
98		-	REASONABLE STEPS TO ENSURE THERE IS NO AUDIO OR VISUAL RECORDING
99		-	,
100		-	INCLUDING PHOTOGRAPHY OR SCREENSHOTS OF THE PROCEEDINGS , WITHOUT
101		-	EXPLICIT PERMISSION OF THE COURT
102		-	. AS USED IN THIS SUBSECTION (3.5)(c),
103		-	"
104		-	REASONABLE STEPS" MUST INCLUDE AN ON-SCREEN WARNING THAT ANY
105		-	RECORDING OF THE PROCEEDINGS WITHOUT A COURT ORDER
106		-	, INCLUDING ANY
107		-	SCREEN CAPTURE
108		-	, PHOTOGRAPH, OR AUDIOVISUAL RECORDING , IS
109		-	PROHIBITED
110		-	. "REASONABLE STEPS" MAY ALSO INCLUDE THE COURT ISSUING
111		-	AN ADDITIONAL VERBAL OR ON
112		-	-SCREEN WARNING AND PROHIBITING REMOTE
113		-	OBSERVATION BY SPECIFIC INDIVIDUALS WHOM THE COURT HAS REASON TO
114		-	BELIEVE MAY VIOLATE THIS RULE
115		-	.
116		-	(d) W
117		-	HEN ALLOWING REMOTE OBSERVATION , COURTS SHALL TAKE
118		-	REASONABLE STEPS TO ENSURE NO AUDIO OR VISUAL TRANSMISSION OF
119		-	PRIVILEGED
120		-	, CONFIDENTIAL COMMUNICATIONS OCCURS . TO HELP FACILITATE
121		-	PRIVILEGED
122		-	, CONFIDENTIAL COMMUNICATIONS IN THE COURTROOM , COURTS
123		-	SHALL NOTIFY PARTIES AND ATTORNEYS OF THE LOCATION OF MICROPHONES
124		-	AND ANY ABILITY TO MUTE MICROPHONES
125		-	. IF THE COURT BECOMES AWARE
126		-	THAT SUCH TRANSMISSIONS OCCURRED
127		-	, THE COURT SHALL WORK WITH THE
128		-	PARTIES AND ATTORNEYS TO PREVENT REOCCURRENCE
129		-	.
130		-	(e) I
131		-	F A PROCEEDING SUBJECT TO A SEQUESTRATION ORDER IS MADE
132		-	PAGE 3-HOUSE BILL 23-1182 AVAILABLE FOR PUBLIC REMOTE OBSERVATION , THE COURT SHALL TAKE
133		-	REASONABLE STEPS TO ENSURE COMPLIANCE WITH THE SEQUESTRATION
134		-	ORDER AND ENSURE THE RIGHT TO A FAIR TRIAL
135		-	, WHICH MAY INCLUDE:
136		-	(I) A
137		-	NNOUNCING THE SEQUESTRATION ORDER AS FREQUENTLY AS
138		-	NECESSARY IN OPEN COURT
139		-	;
140		-	(II) R
141		-	EQUIRING OBSERVERS TO IDENTIFY THEMSELVES TO ENSURE
142		-	NONE ARE POTENTIAL WITNESSES AND THAT ANY OBSERVERS WHO ARE
143		-	FORBIDDEN FROM DISCUSSING THE CASE WITH WITNESSES KNOW OF THAT
144		-	OBLIGATION
145		-	;
146		-	(III) A
147		-	T THE REQUEST OF A PARTY, ALLOWING THE COURT OR PARTY
148		-	TO INQUIRE OF ANY WITNESS
149		-	, WHILE UNDER OATH AND OUTSIDE THE
150		-	PRESENCE OF THE JURY
151		-	, IF THE WITNESS WATCHED ANY PORTION OF THE
152		-	PROCEEDING OR DISCUSSED ANY PORTION OF THE PROCEEDING WITH ANYONE
153		-	PRIOR TO TESTIFYING
154		-	; AND
155		-	(IV) TERMINATING REMOTE OBSERVATION TO PROTECT THE PARTIES '
156		-	RIGHT TO A FAIR TRIAL OR TO ENSURE COMPLIANCE WITH THE
157		-	SEQUESTRATION ORDER
158		-	.
159		-	(f) F
160		-	OR CRIMINAL COURTS THAT DO NOT HAVE SUFFICIENT EXISTING
161		-	STAFF OR TECHNOLOGICAL CAPABILITIES TO MAKE PROCEEDINGS AVAILABLE
162		-	FOR REMOTE OBSERVATION AS OF THE EFFECTIVE DATE OF THIS SUBSECTION
163		-	(3.5), IF THE COURT SUBSEQUENTLY OBTAINS SUCH STAFF AND CAPABILITIES ,
164		-	THE COURT MUST COMPLY WITH THE PROVISIONS OF THIS SECTION WITHIN
165		-	NINETY DAYS AFTER OBTAINING SUCH STAFF AND CAPABILITIES
166		-	.
	72	+	LL19
	73	+	C
	74	+	OLORADO COURTS, INCLUDING MUNICIPAL COURTS, SHALL MAKE ANY20
	75	+	CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE21
	76	+	FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME , AT NO COST22
	77	+	TO THE PUBLIC, THROUGH AN ONLINE
	78	+	PLATFORM, WHICH MAY INCLUDE A23
	79	+	PARTICIPATORY WEB CONFERENCING PLATFORM , AND POST PROMINENTLY24
	80	+	1182-2- ON THE COURT'S WEBSITE THE LINKS FOR REMOTE OBSERVATION , UNLESS:1
	81	+	(I)
	82	+	THE COURTROOM DOES NOT HAVE
	83	+	SUFFICIENT TECHNOLOGICAL2
	84	+	CAPABILITY, SUCH AS A PARTICIPATORY WEB CONFERENCING PLATFORM,3
	85	+	TO MAKE SUCH PROCEEDINGS AVAILABLE TO THE PUBLIC FOR REMOTE4
	86	+	OBSERVATION; 5
	87	+	(II)
	88	+	MEMBERS OF THE PUBLIC HAVE BEEN EXCLUDED FROM THE6
	89	+	CRIMINAL PROCEEDING BY ORDER OF THE
	90	+	COURT;7
	91	+	(III) TECHNOLOGY, STAFFING, OR INTERNET ISSUES LIMIT OR8
	92	+	PREVENT REMOTE OBSERVATION ; OR9
	93	+	(IV) AFTER A REQUEST BY A PARTY, WITNESS, OR VICTIM, OR ON10
	94	+	THE COURT'S OWN MOTION, THE COURT MAKES FINDINGS ON THE RECORD11
	95	+	BASED ON THE PARTICULAR FACTS AND CIRCUMSTANCES OF THE CASE12
	96	+	THAT:13
	97	+	(A) THERE IS A REASONABLE LIKELIHOOD REMOTE OBSERVATION14
	98	+	OF LIVE PROCEEDINGS RISKS COMPROMISING THE SAFETY OF ANY PERSON;15
	99	+	THE DEFENDANT'S RIGHT TO A FAIR TRIAL, INCLUDING VIOLATIONS OF16
	100	+	SEQUESTRATION ORDERS; OR THE VICTIM'S RIGHTS PURSUANT TO SECTION17
	101	+	24-4.1-302.5 (1)(a); AND18
	102	+	(B) THERE IS NO LESS RESTRICTIVE ALTERNATIVE THAT PRESERVES19
	103	+	THE PUBLIC INTEREST IN REMOTE OBSERVATION WHILE MITIGATING THE20
	104	+	IDENTIFIED RISK. AS USED IN THIS SUBSECTION (3.5)(a)(IV)(B), "LESS21
	105	+	RESTRICTIVE ALTERNATIVE" INCLUDES ALLOWING REMOTE AUDIO-ONLY22
	106	+	OBSERVATION WHILE DISABLING VIDEO OBSERVATION OR TURNING OFF23
	107	+	REMOTE OBSERVATION FOR PARTICULAR WITNESSES OR DISCRETE24
	108	+	PORTIONS OF THE PROCEEDING. 25
	109	+	(b) AS USED IN THIS SECTION, "RISKS COMPROMISING THE SAFETY"26
	110	+	INCLUDE RISKS TO PHYSICAL AND EMOTIONAL SAFETY, INTIMIDATION, AND27
	111	+	1182
	112	+	-3- HARASSMENT.1
	113	+	(c) WHEN ALLOWING REMOTE OBSERVATION, COURTS SHALL TAKE2
	114	+	REASONABLE STEPS TO ENSURE THERE IS NO AUDIO OR VISUAL RECORDING ,3
	115	+	INCLUDING PHOTOGRAPHY OR SCREENSHOTS OF THE PROCEEDINGS ,4
	116	+	WITHOUT EXPLICIT PERMISSION OF THE COURT . AS USED IN THIS5
	117	+	SUBSECTION (3.5)(c), "REASONABLE STEPS" MUST INCLUDE AN ON-SCREEN6
	118	+	WARNING THAT ANY RECORDING OF THE PROCEEDINGS WITHOUT A COURT7
	119	+	ORDER, INCLUDING ANY SCREEN CAPTURE, PHOTOGRAPH, OR AUDIOVISUAL8
	120	+	RECORDING, IS PROHIBITED. "REASONABLE STEPS" MAY ALSO INCLUDE THE9
	121	+	COURT ISSUING AN ADDITIONAL VERBAL OR ON-SCREEN WARNING AND10
	122	+	PROHIBITING REMOTE OBSERVATION BY SPECIFIC INDIVIDUALS WHOM THE11
	123	+	COURT HAS REASON TO BELIEVE MAY VIOLATE THIS RULE .12
	124	+	(d) WHEN ALLOWING REMOTE OBSERVATION, COURTS SHALL TAKE13
	125	+	REASONABLE STEPS TO ENSURE NO AUDIO OR VISUAL TRANSMISSION OF14
	126	+	PRIVILEGED, CONFIDENTIAL COMMUNICATIONS OCCURS. TO HELP15
	127	+	FACILITATE PRIVILEGED, CONFIDENTIAL COMMUNICATIONS IN THE16
	128	+	COURTROOM, COURTS SHALL NOTIFY PARTIES AND ATTORNEYS OF THE17
	129	+	LOCATION OF MICROPHONES AND ANY ABILITY TO MUTE MICROPHONES. IF18
	130	+	THE COURT BECOMES AWARE THAT SUCH TRANSMISSIONS OCCURRED, THE19
	131	+	COURT SHALL WORK WITH THE PARTIES AND ATTORNEYS TO PREVENT20
	132	+	REOCCURRENCE.21
	133	+	(e) IF A PROCEEDING SUBJECT TO A SEQUESTRATION ORDER IS22
	134	+	MADE AVAILABLE FOR PUBLIC REMOTE OBSERVATION, THE COURT SHALL23
	135	+	TAKE REASONABLE STEPS TO ENSURE COMPLIANCE WITH THE24
	136	+	SEQUESTRATION ORDER AND ENSURE THE RIGHT TO A FAIR TRIAL, WHICH25
	137	+	MAY INCLUDE:26
	138	+	(I) ANNOUNCING THE SEQUESTRATION ORDER AS FREQUENTLY AS27
	139	+	1182
	140	+	-4- NECESSARY IN OPEN COURT;1
	141	+	(II) REQUIRING OBSERVERS TO IDENTIFY THEMSELVES TO ENSURE2
	142	+	NONE ARE POTENTIAL WITNESSES AND THAT ANY OBSERVERS WHO ARE3
	143	+	FORBIDDEN FROM DISCUSSING THE CASE WITH WITNESSES KNOW OF THAT4
	144	+	OBLIGATION;5
	145	+	(III) AT THE REQUEST OF A PARTY, ALLOWING THE COURT OR6
	146	+	PARTY TO INQUIRE OF ANY WITNESS , WHILE UNDER OATH AND OUTSIDE7
	147	+	THE PRESENCE OF THE JURY, IF THE WITNESS WATCHED ANY PORTION OF8
	148	+	THE PROCEEDING OR DISCUSSED ANY PORTION OF THE PROCEEDING WITH9
	149	+	ANYONE PRIOR TO TESTIFYING; AND10
	150	+	(IV) TERMINATING REMOTE OBSERVATION TO PROTECT THE11
	151	+	PARTIES' RIGHT TO A FAIR TRIAL OR TO ENSURE COMPLIANCE WITH THE12
	152	+	SEQUESTRATION ORDER.13
	153	+	(f) FOR CRIMINAL COURTS THAT DO NOT HAVE SUFFICIENT14
	154	+	EXISTING STAFF OR TECHNOLOGICAL CAPABILITIES TO MAKE PROCEEDINGS15
	155	+	AVAILABLE FOR REMOTE OBSERVATION AS OF THE EFFECTIVE DATE OF THIS16
	156	+	SUBSECTION (3.5), IF THE COURT SUBSEQUENTLY OBTAINS SUCH STAFF17
	157	+	AND CAPABILITIES, THE COURT MUST COMPLY WITH THE PROVISIONS OF18
	158	+	THIS SECTION WITHIN NINETY DAYS AFTER OBTAINING SUCH STAFF AND19
	159	+	CAPABILITIES.20
167	160		(g) T
168	161		HIS SUBSECTION (3.5) DOES NOT APPLY TO JUVENILE
169		-	DELINQUENCY CASES PURSUANT TO TITLE
170		-	19 OR TO CASES IN WHICH A
171		-	JUVENILE HAS BEEN CHARGED BY DIRECT FILING OF INFORMATION OR AN
172		-	INDICTMENT IN DISTRICT COURT PURSUANT TO SECTION
173		-	19-2.5-801 UNTIL
174		-	THE COMPLETION OF A PRELIMINARY HEARING AND COMPLETION OF ANY
175		-	HEARING REQUESTING TO TRANSFER THE CASE TO JUVENILE COURT
176		-	PURSUANT TO SECTION
177		-	19-2.5-801 (4).
178		-	SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as
179		-	follows:
180		-	PAGE 4-HOUSE BILL 23-1182 13-10-103. Applicability. This article 10 applies to and governs the
181		-	operation of municipal courts in the cities and towns of this state. Except for
182		-	the provisions relating to the method of salary payment for municipal
183		-	judges, the incarceration of children pursuant to sections 19-2.5-305 and
184		-	19-2.5-1511, the appearance of the parent, guardian, or lawful custodian of
185		-	any child under eighteen years of age who is charged with a municipal
186		-	offense as required by section 13-10-111, the right to a trial by jury for petty
187		-	offenses pursuant to section 16-10-109, relief from improperly entered
188		-	guilty pleas pursuant to section 18-1-410.6,
189		-	MAKING CRIMINAL COURT
190		-	PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE FOR REMOTE PUBLIC
191		-	VIEWING AND LISTENING IN REAL TIME
192		-	, rules of procedure promulgated by
193		-	the supreme court, and appellate procedure, this article 10 may be
194		-	superseded by charter or ordinance enacted by a home rule city.
195		-	SECTION 4. Act subject to petition - effective date. This act
196		-	takes effect September 1, 2023; except that, if a referendum petition is filed
197		-	pursuant to section 1 (3) of article V of the state constitution against this act
198		-	or an item, section, or part of this act within the ninety-day period after final
199		-	adjournment of the general assembly, then the act, item, section, or part will
200		-	not take effect unless approved by the people at the general election to be
201		-	PAGE 5-HOUSE BILL 23-1182 held in November 2024 and, in such case, will take effect on the date of the
202		-	official declaration of the vote thereon by the governor.
203		-	____________________________ ____________________________
204		-	Julie McCluskie Steve Fenberg
205		-	SPEAKER OF THE HOUSE PRESIDENT OF
206		-	OF REPRESENTATIVES THE SENATE
207		-	____________________________ ____________________________
208		-	Robin Jones Cindi L. Markwell
209		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
210		-	OF REPRESENTATIVES THE SENATE
211		-	APPROVED________________________________________
212		-	(Date and Time)
213		-	_________________________________________
214		-	Jared S. Polis
215		-	GOVERNOR OF THE STATE OF COLORADO
216		-	PAGE 6-HOUSE BILL 23-1182
	162	+	21
	163	+	DELINQUENCY CASES PURSUANT TO TITLE 19 OR TO CASES IN WHICH A22
	164	+	JUVENILE HAS BEEN CHARGED BY DIRECT FILING OF INFORMATION OR AN23
	165	+	INDICTMENT IN DISTRICT COURT PURSUANT TO SECTION 19-2.5-801 UNTIL24
	166	+	THE COMPLETION OF A PRELIMINARY HEARING AND COMPLETION OF ANY25
	167	+	HEARING REQUESTING TO TRANSFER THE CASE TO JUVENILE COURT26
	168	+	PURSUANT TO SECTION 19-2.5-801 (4).27
	169	+	1182
	170	+	-5- SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as1
	171	+	follows:2
	172	+	13-10-103. Applicability. This article 10 applies to and governs3
	173	+	the operation of municipal courts in the cities and towns of this state.4
	174	+	Except for the provisions relating to the method of salary payment for5
	175	+	municipal judges, the incarceration of children pursuant to sections6
	176	+	19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or7
	177	+	lawful custodian of any child under eighteen years of age who is charged8
	178	+	with a municipal offense as required by section 13-10-111, the right to a9
	179	+	trial by jury for petty offenses pursuant to section 16-10-109, relief from10
	180	+	improperly entered guilty pleas pursuant to section 18-1-410.6,
	181	+	MAKING11
	182	+	CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE12
	183	+	FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME , rules of13
	184	+	procedure promulgated by the supreme court, and appellate procedure,14
	185	+	this article 10 may be superseded by charter or ordinance enacted by a15
	186	+	home rule city. 16
	187	+	SECTION 4. Act subject to petition - effective date. This act17
	188	+	takes effect September 1, 2023; except that, if a referendum petition is18
	189	+	filed pursuant to section 1 (3) of article V of the state constitution against19
	190	+	this act or an item, section, or part of this act within the ninety-day period20
	191	+	after final adjournment of the general assembly, then the act, item,21
	192	+	section, or part will not take effect unless approved by the people at the22
	193	+	general election to be held in November 2024 and, in such case, will take23
	194	+	effect on the date of the official declaration of the vote thereon by the24
	195	+	governor.25
	196	+	1182
	197	+	-6-