HOUSE BILL 23-1182
BY REPRESENTATIVE(S) Epps and Mabrey, Bacon, Garcia, Marshall,
Sharbini, Woodrow, Boesenecker, Brown, Dickson, English,
Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Soper, Titone,
Velasco, Vigil, Weissman, Willford, Young, McCluskie, Amabile, Froelich,
Herod, Martinez, Valdez;
also SENATOR(S) Fields and Gardner, Buckner, Cutter, Exum,
Jaquez Lewis, Liston, Marchman, Moreno, Priola, Roberts, Smallwood,
Sullivan, Van Winkle, Winter F.
C
ONCERNING A REQUIREMENT FOR REMOTE PUBLIC ACCESS TO OBSERVE
CRIMINAL COURT PROCEEDINGS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) It is the public policy of the state of Colorado to maximize
transparency and accessibility of criminal court proceedings;
(b) The Colorado judicial branch increased transparency in 2020
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. when it facilitated expanded access to remote observation of criminal court
proceedings in every judicial district;
(c) Continued access to remote court observation remains
inconsistent and unpredictable, both within and between jurisdictions; and
(d) All Coloradans benefit from consistent, predictable access to
observe criminal court proceedings remotely.
(2) Therefore, it is the intent of the general assembly to increase
transparency and ensure consistent, predictable statewide access for the
public to remotely observe criminal proceedings held in open court.
SECTION 2. In Colorado Revised Statutes, 13-1-132, add (3.5) as
follows:
13-1-132. Use of interactive audiovisual devices and
communication technology in court proceedings. (3.5) (a) A
LL
COLORADO COURTS, INCLUDING MUNICIPAL COURTS , SHALL MAKE ANY
CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE FOR
REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME
, AT NO COST TO THE
PUBLIC
, THROUGH AN ONLINE PLATFORM , WHICH MAY INCLUDE A
PARTICIPATORY WEB CONFERENCING PLATFORM
, AND POST PROMINENTLY ON
THE COURT
'S WEBSITE THE LINKS FOR REMOTE OBSERVATION , UNLESS:
(I) T
HE COURTROOM DOES NOT HAVE SUFFICIENT TECHNOLOGICAL
CAPABILITY
, SUCH AS A PARTICIPATORY WEB CONFERENCING PLATFORM , TO
MAKE SUCH PROCEEDINGS AVAILABLE TO THE PUBLIC FOR REMOTE
OBSERVATION
;
(II) M
EMBERS OF THE PUBLIC HAVE BEEN EXCLUDED FROM THE
CRIMINAL PROCEEDING BY ORDER OF THE COURT
;
(III) T
ECHNOLOGY, STAFFING, OR INTERNET ISSUES LIMIT OR
PREVENT REMOTE OBSERVATION
; OR
(IV) AFTER A REQUEST BY A PARTY, WITNESS, OR VICTIM, OR ON THE
COURT
'S OWN MOTION, THE COURT MAKES FINDINGS ON THE RECORD BASED
ON THE PARTICULAR FACTS AND CIRCUMSTANCES OF THE CASE THAT
:
PAGE 2-HOUSE BILL 23-1182 (A) THERE IS A REASONABLE LIKELIHOOD REMOTE OBSERVATION OF
LIVE PROCEEDINGS RISKS COMPROMISING THE SAFETY OF ANY PERSON
; THE
DEFENDANT
'S RIGHT TO A FAIR TRIAL , INCLUDING VIOLATIONS OF
SEQUESTRATION ORDERS
; OR THE VICTIM'S RIGHTS PURSUANT TO SECTION
24-4.1-302.5 (1)(a); AND
(B) THERE IS NO LESS RESTRICTIVE ALTERNATIVE THAT PRESERVES
THE PUBLIC INTEREST IN REMOTE OBSERVATION WHILE MITIGATING THE
IDENTIFIED RISK
. AS USED IN THIS SUBSECTION (3.5)(a)(IV)(B), "LESS
RESTRICTIVE ALTERNATIVE
" INCLUDES ALLOWING REMOTE AUDIO -ONLY
OBSERVATION WHILE DISABLING VIDEO OBSERVATION OR TURNING OFF
REMOTE OBSERVATION FOR PARTICULAR WITNESSES OR DISCRETE PORTIONS
OF THE PROCEEDING
.
(b) A
S USED IN THIS SECTION, "RISKS COMPROMISING THE SAFETY "
INCLUDE RISKS TO PHYSICAL AND EMOTIONAL SAFETY , INTIMIDATION, AND
HARASSMENT
.
(c) W
HEN ALLOWING REMOTE OBSERVATION , COURTS SHALL TAKE
REASONABLE STEPS TO ENSURE THERE IS NO AUDIO OR VISUAL RECORDING
,
INCLUDING PHOTOGRAPHY OR SCREENSHOTS OF THE PROCEEDINGS , WITHOUT
EXPLICIT PERMISSION OF THE COURT
. AS USED IN THIS SUBSECTION (3.5)(c),
"
REASONABLE STEPS" MUST INCLUDE AN ON-SCREEN WARNING THAT ANY
RECORDING OF THE PROCEEDINGS WITHOUT A COURT ORDER
, INCLUDING ANY
SCREEN CAPTURE
, PHOTOGRAPH, OR AUDIOVISUAL RECORDING , IS
PROHIBITED
. "REASONABLE STEPS" MAY ALSO INCLUDE THE COURT ISSUING
AN ADDITIONAL VERBAL OR ON
-SCREEN WARNING AND PROHIBITING REMOTE
OBSERVATION BY SPECIFIC INDIVIDUALS WHOM THE COURT HAS REASON TO
BELIEVE MAY VIOLATE THIS RULE
.
(d) W
HEN ALLOWING REMOTE OBSERVATION , COURTS SHALL TAKE
REASONABLE STEPS TO ENSURE NO AUDIO OR VISUAL TRANSMISSION OF
PRIVILEGED
, CONFIDENTIAL COMMUNICATIONS OCCURS . TO HELP FACILITATE
PRIVILEGED
, CONFIDENTIAL COMMUNICATIONS IN THE COURTROOM , COURTS
SHALL NOTIFY PARTIES AND ATTORNEYS OF THE LOCATION OF MICROPHONES
AND ANY ABILITY TO MUTE MICROPHONES
. IF THE COURT BECOMES AWARE
THAT SUCH TRANSMISSIONS OCCURRED
, THE COURT SHALL WORK WITH THE
PARTIES AND ATTORNEYS TO PREVENT REOCCURRENCE
.
(e) I
F A PROCEEDING SUBJECT TO A SEQUESTRATION ORDER IS MADE
PAGE 3-HOUSE BILL 23-1182 AVAILABLE FOR PUBLIC REMOTE OBSERVATION , THE COURT SHALL TAKE
REASONABLE STEPS TO ENSURE COMPLIANCE WITH THE SEQUESTRATION
ORDER AND ENSURE THE RIGHT TO A FAIR TRIAL
, WHICH MAY INCLUDE:
(I) A
NNOUNCING THE SEQUESTRATION ORDER AS FREQUENTLY AS
NECESSARY IN OPEN COURT
;
(II) R
EQUIRING OBSERVERS TO IDENTIFY THEMSELVES TO ENSURE
NONE ARE POTENTIAL WITNESSES AND THAT ANY OBSERVERS WHO ARE
FORBIDDEN FROM DISCUSSING THE CASE WITH WITNESSES KNOW OF THAT
OBLIGATION
;
(III) A
T THE REQUEST OF A PARTY, ALLOWING THE COURT OR PARTY
TO INQUIRE OF ANY WITNESS
, WHILE UNDER OATH AND OUTSIDE THE
PRESENCE OF THE JURY
, IF THE WITNESS WATCHED ANY PORTION OF THE
PROCEEDING OR DISCUSSED ANY PORTION OF THE PROCEEDING WITH ANYONE
PRIOR TO TESTIFYING
; AND
(IV) TERMINATING REMOTE OBSERVATION TO PROTECT THE PARTIES '
RIGHT TO A FAIR TRIAL OR TO ENSURE COMPLIANCE WITH THE
SEQUESTRATION ORDER
.
(f) F
OR CRIMINAL COURTS THAT DO NOT HAVE SUFFICIENT EXISTING
STAFF OR TECHNOLOGICAL CAPABILITIES TO MAKE PROCEEDINGS AVAILABLE
FOR REMOTE OBSERVATION AS OF THE EFFECTIVE DATE OF THIS SUBSECTION
(3.5), IF THE COURT SUBSEQUENTLY OBTAINS SUCH STAFF AND CAPABILITIES ,
THE COURT MUST COMPLY WITH THE PROVISIONS OF THIS SECTION WITHIN
NINETY DAYS AFTER OBTAINING SUCH STAFF AND CAPABILITIES
.
(g) T
HIS SUBSECTION (3.5) DOES NOT APPLY TO JUVENILE
DELINQUENCY CASES PURSUANT TO TITLE
19 OR TO CASES IN WHICH A
JUVENILE HAS BEEN CHARGED BY DIRECT FILING OF INFORMATION OR AN
INDICTMENT IN DISTRICT COURT PURSUANT TO SECTION
19-2.5-801 UNTIL
THE COMPLETION OF A PRELIMINARY HEARING AND COMPLETION OF ANY
HEARING REQUESTING TO TRANSFER THE CASE TO JUVENILE COURT
PURSUANT TO SECTION
19-2.5-801 (4).
SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as
follows:
PAGE 4-HOUSE BILL 23-1182 13-10-103. Applicability. This article 10 applies to and governs the
operation of municipal courts in the cities and towns of this state. Except for
the provisions relating to the method of salary payment for municipal
judges, the incarceration of children pursuant to sections 19-2.5-305 and
19-2.5-1511, the appearance of the parent, guardian, or lawful custodian of
any child under eighteen years of age who is charged with a municipal
offense as required by section 13-10-111, the right to a trial by jury for petty
offenses pursuant to section 16-10-109, relief from improperly entered
guilty pleas pursuant to section 18-1-410.6,
MAKING CRIMINAL COURT
PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE FOR REMOTE PUBLIC
VIEWING AND LISTENING IN REAL TIME
, rules of procedure promulgated by
the supreme court, and appellate procedure, this article 10 may be
superseded by charter or ordinance enacted by a home rule city.
SECTION 4. Act subject to petition - effective date. This act
takes effect September 1, 2023; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 5-HOUSE BILL 23-1182 held in November 2024 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 23-1182