HOUSE BILL 25-1114
BY REPRESENTATIVE(S) Carter and Espenoza, Bacon, Duran, Lindsay,
Ricks;
also SENATOR(S) Gonzales J. and Weissman, Amabile, Exum,
Hinrichsen, Michaelson Jenet, Sullivan, Winter F.
C
ONCERNING ALLOWING THE DEFENSE TO REVIEW A TANGIBLE OBJECT IN
PREPARATION FOR A CRIMINAL TRIAL
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 8 to article 9
of title 16 as follows:
PART 8
DEFENSE ACCESS TO PHYSICAL EVIDENCE
16-9-801. Viewing and inspecting objects held in evidence.
(1) (a) T
HE DEFENSE HAS THE RIGHT TO VIEW AND INSPECT ANY TANGIBLE
OBJECT HELD BY LAW ENFORCEMENT IN CONNECTION WITH A CASE AT ANY
LOCATION DESIGNATED AND OPERATED BY OR UNDER CONTRACT WITH THE
LAW ENFORCEMENT AGENCY AS SOON AS PRACTICABLE
, BUT NO LATER THAN
THIRTY
-FIVE DAYS BEFORE TRIAL. AFTER THE DEFENSE MAKES A REQUEST
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. TO THE LAW ENFORCEMENT AGENCY THAT POSSESSES A TANGIBLE ITEM HELD
IN CONNECTION WITH A CASE
, THE AGENCY SHALL ALLOW THE DEFENSE TO
VIEW AND INSPECT THE ITEM
. A LAW ENFORCEMENT REPRESENTATIVE SHALL
BE PRESENT TO DOCUMENT THE CHAIN OF CUSTODY AND ENSURE THE
INTEGRITY OF THE EVIDENCE
.
(b) W
HEN INSPECTING THE TANGIBLE ITEM, THE DEFENSE MUST HAVE
THE OPPORTUNITY TO HAVE CONFIDENTIAL CONVERSATIONS AND CREATE
CONFIDENTIAL WORK PRODUCT
.
(c) I
F LAW ENFORCEMENT RECORDS EVIDENCE VIEWING OR
HANDLING BY THE PROSECUTION OR THE DEFENSE
, THE RECORDING MUST BE
FOR THE PURPOSE OF ENSURING THE CHAIN OF CUSTODY
, INTEGRITY, OR
SAFETY OF THE EVIDENCE HELD BY THE LAW ENFORCEMENT AGENCY
. IF LAW
ENFORCEMENT RECORDS
, BY AUDIO OR VISUAL MEANS , ANY EVIDENCE
VIEWING OR HANDLING AT ANY LOCATION OPERATED BY OR UNDER
CONTRACT WITH THE LAW ENFORCEMENT AGENCY
, LAW ENFORCEMENT
SHALL PROVIDE NOTICE THAT A RECORDING WAS MADE TO THE PROSECUTING
AUTHORITY
, WHO SHALL PROVIDE A COPY OF THE NOTICE IN DISCOVERY TO
THE DEFENSE
. THE RECORDING SHALL NOT BE PLACED IN DISCOVERY OR
REVIEWED BY LAW ENFORCEMENT
, EXCEPT AS PROVIDED IN SUBSECTION
(1)(d) OF THIS SECTION; THE PROSECUTION; OR THE DEFENSE UNLESS
ORDERED BY THE COURT WHEN A GOOD FAITH ISSUE THAT THE EVIDENCE
VIEWING AFFECTED THE INTEGRITY OF THE EVIDENCE IS RAISED BY ANY
PARTY
. IF THE COURT ALLOWS ACCESS TO THE RECORDING , THE COURT MAY
ENTER PROTECTIVE ORDERS AS NECESSARY TO PROTECT ANY PARTIES
'
CONVERSATIONS OR WORK PRODUCT .
(d) L
AW ENFORCEMENT MAY VIEW A RECORDING OF AN EVIDENCE
VIEWING BY THE PROSECUTION OR DEFENSE AS NECESSARY TO PROPERLY
ORGANIZE
, CATALOGUE, MAINTAIN, OR OTHERWISE PROPERLY STORE THE
RECORDING IF THE REVIEW IS NOT FOR THE PURPOSE OF REVIEWING THE
PROSECUTION
'S OR DEFENSE'S PREPARATION OR STRATEGY FOR TRIAL. LAW
ENFORCEMENT MAY ALSO VIEW A RECORDING OF AN EVIDENCE VIEWING AS
AUTHORIZED BY A COURT ORDER
.
(2) U
PON THE REQUEST BY EITHER THE DEFENSE OR THE
PROSECUTING AUTHORITY
, AND SUBJECT TO CONSTITUTIONAL LIMITATIONS,
THE COURT MAY ISSUE ORDERS RELATING TO THE EVIDENCE VIEWING BY THE
PROSECUTION OR DEFENSE BASED ON THE INDIVIDUAL CIRCUMSTANCES OF
PAGE 2-HOUSE BILL 25-1114 THE EVIDENCE OR THE CASE AT ISSUE CONSISTENT WITH THIS SECTION , THE
COLORADO RULES OF CRIMINAL PROCEDURE , AND OTHER APPLICABLE LAW.
(3) T
HIS SECTION DOES NOT LIMIT THE ABILITY OF THE DEFENSE TO
REQUEST DEFENSE TESTING OR THE COURT
'S ABILITY TO CONDUCT A
HEARING RELATED TO THE REQUEST
.
(4) T
HIS SECTION DOES NOT APPLY TO THE INSPECTION , VIEWING,
AND EXAMINATION OF SEXUALLY EXPLOITATIVE MATERIAL PURSUANT TO
SECTION
16-9-601.
SECTION 2. In Colorado Revised Statutes, 24-31-902, add
(1)(a)(II)(E) as follows:
24-31-902. Incident recordings - release - tampering - fine.
(1) (a) (II) (E) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,
A PEACE OFFICER SHALL NOT ACTIVATE A BODY -WORN CAMERA OR DASH
CAMERA AND CAPTURE
, VIEW, OR OTHERWISE RECORD THE DEFENSE
VIEWING
, INSPECTING, OR DISCUSSING THE VIEWING OR INSPECTION OF A
TANGIBLE OBJECT HELD IN CONNECTION WITH A CRIMINAL CASE
. WHEN THE
DEFENSE VIEWS OR INSPECTS EVIDENCE PURSUANT TO SECTION
16-9-801, IT
IS NOT AN INTERACTION WITH THE PUBLIC INITIATED BY THE PEACE OFFICER
,
AND THE DEFENSE, INCLUDING MEMBERS OF THE DEFENSE TEAM , ARE NOT
MEMBERS OF THE PUBLIC
. IT IS ALSO NOT FOR THE PURPOSE OF ENFORCING
THE LAW OR INVESTIGATING POSSIBLE VIOLATIONS OF THE LAW
.
SECTION 3. Effective date. This act takes effect July 1, 2025.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 3-HOUSE BILL 25-1114 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 4-HOUSE BILL 25-1114