First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0356.01 Conrad Imel x2313
HOUSE BILL 25-1275
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING MISCONDUCT BY CRIME LABORATORY EMPLOYEES , AND,101
IN CONNECTION THEREWITH , REQUIRING A CRIME LABORATORY102
EMPLOYEE TO REPORT MISCONDUCT , REQUIRING NOTIFYING103
CRIMINAL DEFENDANTS AND VI CTIMS OF MISCONDUCT ,
104
CREATING A PROCESS FOR A PERSON TO SEEK POST -CONVICTION105
RELIEF BASED ON A CLAIM OF MISCONDUCT BY A CRIME106
LABORATORY EMPLOYEE, AND MAKING AN APPROPRIATION .107
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
.)
HOUSE
Amended 2nd Reading
April 15, 2025
HOUSE SPONSORSHIP
Soper and Zokaie,
SENATE SPONSORSHIP
Weissman and Frizell,
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. The bill defines "knowing misconduct" as a voluntary act or
omission or series of acts or omissions consciously performed by a crime
laboratory employee (employee) as a result of effort or determination in
which the employee is aware that the employee's conduct is improper and
deceptive. The bill defines a "significant event" as an act or omission by
an employee that is a gross deviation from the standard operation
procedures or accreditation requirements of the crime laboratory, or
requirements in law that were applicable at the time of the act or omission
of the employee, that could substantially negatively affect the integrity of
the crime laboratory activities.
The bill requires an employee to report witnessed or discovered
knowing misconduct or a significant event (collectively, "wrongful
action") to the director of the crime laboratory (director) or to the
employee's immediate supervisor, who shall report it to the director. A
director who receives a report shall investigate the alleged wrongful
action. The bill requires a crime laboratory director to review all records
of the crime laboratory to identify wrongful actions committed prior to
July 1, 2025, by a current or former crime laboratory employee.
The director shall notify each district attorney who has jurisdiction
over a pending case, or a case that resulted in conviction, that the
employee worked on about the reported wrongful action and provide the
district attorney with access to information about the wrongful action.
Upon receipt of a wrongful action report from a director, a district
attorney shall notify the defendant in each case that the employee worked
on about the alleged wrongful action. If the case involved a crime listed
in the "Victim Rights Act", the district attorney shall also notify the
victim about the alleged wrongful action, if the charges have been filed
but the trial has not begun.
The bill establishes a defendant's right to counsel in matters
involving an employee's wrongful action and a right to investigate the
wrongful action, to request discovery related to the wrongful action, and
to seek post-conviction relief based on the wrongful action. The bill
permits a court to enter a protective order related to discovery requests.
The bill establishes a process for a defendant convicted in a case
involving an employee's wrongful action to petition for post-conviction
relief based on the wrongful action. If the defendant's petition for
post-conviction relief asserts facts that, if true, demonstrate that a
wrongful action was material to the case, the court shall decide the claim
upon the merits after an evidentiary hearing. At the evidentiary hearing,
the defendant has the burden to show that the employee committed the
wrongful action and that the wrongful action is material to the case. If the
defendant meets their burden, the court shall vacate the defendant's
conviction and grant a new trial.
1275-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 3 to article2
12 of title 16 as follows:3
PART 34
COLORADO FORENSIC SCIENCE INTEGRITY ACT5
16-12-301. Short title. T
HE SHORT TITLE OF THIS PART 3 IS THE6
"C
OLORADO FORENSIC SCIENCE INTEGRITY ACT".7
16-12-302. Legislative declaration. (1) T
HE GENERAL ASSEMBLY8
FINDS AND DECLARES THAT:9
(a) A
N EFFECTIVE CRIMINAL JUSTICE SYSTEM REQUIRES THAT10
CRIME LABORATORY EMPLOYEES ACT WITH INTEGRITY , AND THAT CRIME11
LABORATORIES HAVE CONTROLS TO PREVENT AND DETECT KNOWING12
MISCONDUCT AND VIOLATIONS OF PROCEDURES AND PROPERLY13
INVESTIGATE AND REPORT MISCONDUCT WHEN IT OCCURS ;14
(b) P
ROSECUTORS, DEFENDANTS, AND VICTIMS DESERVE15
TRANSPARENCY AND TO BE NOTIFIED OF MISCONDUCT BY CRIME16
LABORATORY EMPLOYEES WHO HANDLE EVIDENCE USED IN CRIMINAL17
CASES;18
(c) T
HE CRIMINAL JUSTICE SYSTEM MUST PROVIDE AN19
OPPORTUNITY TO TIMELY AND FAIRLY LITIGATE CASES IN WHICH THERE20
WAS MISCONDUCT BY A CRIME LABORATORY EMPLOYEE THAT COULD21
AFFECT, OR DID AFFECT, THE OUTCOME OF A CASE; AND22
(d) D
EFENDANTS MUST BE AFFORDED THE RIGHT TO COUNSEL , THE23
RIGHT TO FULL DISCLOSURE OF THE MISCONDUCT , AND THE RIGHT TO AN24
EVIDENTIARY HEARING IN ORDER TO ADEQUATELY ADDRESS THE IMPACT25
OF MISCONDUCT BY CRIME LABORATORY EMPLOYEES .26
(2) T
HE GENERAL ASSEMBLY INTENDS THAT THIS PART 3 BE27
1275
-3- INTERPRETED TO ACCOMPLISH THE POLICIES DECLARED IN THIS SECTION .1
16-12-303. Definitions. A
S USED IN THIS PART 3, UNLESS THE2
CONTEXT OTHERWISE REQUIRES :3
(1) "C
RIME LABORATORY" MEANS A FORENSIC SERVICES PROVIDER4
IN COLORADO THAT ASSISTS LAW ENFORCEMENT AGENCIES OR5
PROSECUTORS BY PERFORMING SCIENTIFIC LABORATORY TESTING OR6
EXAMINATION OF PHYSICAL EVIDENCE .
"CRIME LABORATORY" DOES NOT7
INCLUDE A LABORATORY OPERATED BY A COUNTY CORONER 'S OFFICE.8
(2) "C
RIME LABORATORY DIRECTOR " OR "DIRECTOR" MEANS THE9
SENIOR POSITION OF A CRIME LABORATORY AS DEFINED IN THE CRIME10
LABORATORY'S POLICY.11
(3) "C
RIME LABORATORY EMPLOYEE " OR "EMPLOYEE" MEANS A12
PERSON WHO WORKS OR HAS WORKED IN A CRIME LABORATORY ,13
INCLUDING CRIME LABORATORY CONTRACT WORKERS .14
(4) "FINAL REPORT" MEANS THE FINAL REPORT PREPARED BY A15
CRIME LABORATORY DIRECTOR FOLLOWING AN INVESTIGATION OF16
ALLEGED WRONGFUL ACTION , DESCRIBED IN SECTION 16-12-305 (4)(c).17
(5) "FORENSIC SERVICES PROVIDER" MEANS A UNIT OR SECTION OF18
A LAW ENFORCEMENT AGENCY THAT HOLDS AN ISO/IEC 17025 FORENSIC19
LABORATORY ACCREDITATION OR THAT PERFORMS WORK EQUIVALENT TO20
THAT OF AN ACCREDITED FORENSIC SERVICES PROVIDER WITHOUT BEING21
ACCREDITED.22
(6) "KNOWING MISCONDUCT " MEANS A VOLUNTARY ACT OR23
OMISSION OR SERIES OF ACTS OR OMISSIONS CONSCIOUSLY PERFORMED BY24
A CRIME LABORATORY EMPLOYEE AS A RESULT OF EFFORT OR25
DETERMINATION IN WHICH THE EMPLOYEE IS AWARE THAT THE26
EMPLOYEE'S CONDUCT IS IMPROPER OR DECEPTIVE, AND WHICH ACT OR27
1275
-4- OMISSION OR SERIES OF ACTS OR OMISSIONS INVOLVE :1
(a) THE MISHANDLING OF PHYSICAL EVIDENCE OR DATA ELEMENTS2
OR RESULTS;3
(b) INCORRECTLY PERFORMING FORENSIC TESTING ;4
(c) PRESENTING MISLEADING OR FALSE RESULTS ;5
(d) CONCEALING MATERIAL INFORMATION ; OR6
(e) PRESENTING FALSE SWORN TESTIMONY ABOUT THE EVIDENCE.7
8
(7) "SIGNIFICANT EVENT" MEANS AN ACT OR OMISSION BY A CRIME9
LABORATORY EMPLOYEE THAT IS A GROSS DEVIATION FROM THE 10
LABORATORY STANDARD OPERATION PROCEDURES OR ACCREDITATION11
REQUIREMENTS OF THE CRIME LABORATORY , OR REQUIREMENTS IN LAW12
THAT WERE APPLICABLE AT THE TIME OF THE ACT OR OMISSION OF THE13
CRIME LABORATORY EMPLOYEE , THAT COULD SUBSTANTIALLY14
NEGATIVELY AFFECT THE INTEGRITY OF THE CRIME LABORATORY15
ACTIVITIES.16
(8) "WRONGFUL ACTION" MEANS KNOWING MISC ONDUCT OR A17
SIGNIFICANT EVENT.18
16-12-304. Duty of a crime laboratory employee to report19
misconduct. (1) A
CRIME LABORATORY EMPLOYEE WHO , IN PURSUANCE20
OF THEIR WORK OR IN THE COURSE OF AN INVESTIGATION , WITNESSES OR21
DISCOVERS WRONGFUL ACTION MUST REPORT THAT WR ONGFUL ACTION TO22
THEIR IMMEDIATE SUPERVISOR AT THE CRIME LABORATORY OR TO THE23
CRIME LABORATORY DIRECTOR WITHIN
SEVEN DAYS AFTER WITNESSING OR24
DISCOVERING THE WRONGFUL ACTION . A CRIME LABORATORY SUPERVISOR25
WHO RECEIVES A REPORT SHALL NOTIFY THE CRIME LABORATORY26
DIRECTOR WITHIN SEVENTY-TWO HOURS AFTER RECEIVING THE REPORT .27
1275
-5- (2) A REPORT REQUIRED BY THIS SECTION MUST BE MADE IN1
WRITING AND INCLUDE A DESCRIPTION OF THE WRONGFUL ACTION ; THE2
DATE, TIME, AND LOCATION THAT THE WRONGFUL ACTION WAS SEEN OR3
DISCOVERED; THE PEOPLE PRESENT AT THE TIME; AND, IF KNOWN, ANY4
IDENTIFYING NUMBERS OR CASE NUMBERS THAT RELATE TO THE5
WRONGFUL ACTION.6
(3) E
ACH CRIME LABORATORY SHALL DEVELOP AND IMPLEMENT7
POLICIES AND PROCEDURES FOR REPORTING WRONGFUL ACTIONS IN8
ACCORDANCE WITH THIS SECTION . THE POLICIES AND PROCEDURES MUST9
IDENTIFY THE CRIME LABORATORY DIRECTOR WHO RECEIVES REPORTS OF10
WRONGFUL ACTIONS.11
16-12-305. Duty of crime laboratory to investigate wrongful12
action - report to prosecuting attorney - record retention. (1)
A13
CRIME LABORATORY DIRECTOR WHO , ON OR AFTER JULY 1, 2025, RECEIVES14
A REPORT OF WRONGFUL ACTION PURSUANT TO SECTION 16-12-304 OR15
RECEIVES OTHER INFORMATION ABOUT AN ACT OR OMISSION BY A CRIME16
LABORATORY EMPLOYEE THAT MAY CONSTITUTE WRONGFUL ACTION17
SHALL FORTHWITH INVESTIGATE THE CRIME LABORATORY EMPLOYEE 'S18
ACTIONS. 19
(2) A CRIME LABORATORY DIRECTOR 'S INVESTIGATION OF20
WRONGFUL ACTION CONDUCTED PURSUANT TO THIS SECTION MUST21
INCLUDE, BUT IS NOT LIMITED TO:22
(a) A REVIEW AND ANALYSIS OF ALL DATA , REPORTS, AND23
DOCUMENTS RELEVANT TO THE ALLEGED OR ACTUAL WRONGFUL ACTION ;24
(b) TAKING STATEMENTS FROM ALL RELEVANT WITNESSES ;25
(c) AN ASSESSMENT OF THE EMPLOYEE 'S COMPLIANCE WITH ALL26
STANDARDS AND POLICIES OF THE CRIME LABORATORY RELEVANT TO THE27
1275
-6- ACTIONS DESCRIBED IN THE REPORT OF WRONGFUL ACTION ;1
(d) AN ASSESSMENT OF THE LABORATORY 'S COMPLIANCE WITH2
ANY LABORATORY ACCREDITATION , CERTIFICATION, OR LICENSURE3
REQUIREMENTS RELEVANT TO THE ACTIONS DESCRIBED IN THE REPORT OF4
WRONGFUL ACTION; 5
(e) A DETERMINATION OF WHETHER WRONGFUL ACTION6
OCCURRED; AND7
(f) IDENTIFYING AND COMPILING A LIST OF ALL CASES THAT THE8
CRIME LABORATORY EMPLOYEE WORKED ON IN AN OFFICIAL CAPACITY AT9
THE CRIME LABORATORY. THE INVESTIGATION NEED NOT INCLUDE A10
REVIEW OF THE CASE WORK ON ANY CASE INCLUDED ON THE LIST UNLESS11
THE CRIME LABORATORY DIRECTOR DETERMINES THAT A REVIEW IS12
WARRANTED.13
(3) (a) WHEN AN INVESTIGATION IS OF ALLEGED WRONGFUL14
ACTION IN A PENDING CASE, THE CRIME LABORATORY DIRECTOR SHALL,15
WITHIN SEVEN DAYS OF BEGINNING THE INVESTIGATION, NOTIFY THE16
DISTRICT ATTORNEY WITH JURISDICTION OVER EACH PENDING CRIMINAL17
CASE THAT IS SUBJECT TO THE INVESTIGATION ABOUT THE INVESTIGATION.18
(b) THE NOTICE TO THE DISTRICT ATTORNEY MUST INCLUDE :19
(I) THE NAME OF THE CRIME LABORATORY EMPLOYEE ;20
(II) THE NATURE OF THE ALLEGATION; AND21
(III) A LIST OF THE CASES IDENTIFIED IN THE INITIAL22
INVESTIGATION PURSUANT TO SUBSECTION (1) OF THIS SECTION IN WHICH23
THERE IS AN ALLEGED WRONGFUL ACTION OR THAT ARE BEING REVIEWED24
AS PART OF INVESTIGATION INTO THE ALLEGED WRONGFUL ACTION .25
(4) (a) WITHIN NINETY-ONE DAYS OF THE REPORT OF WRONGFUL26
ACTION TO THE CRIME LABORATORY DIRECTOR, THE DIRECTOR SHALL27
1275
-7- COMPLETE THE INVESTIGATION OF A WRONGFUL ACTION AND DETERMINE1
WHETHER WRONGFUL ACTION OCCURRED IN A CASE IDENTIFIED IN THE2
INITIAL INVESTIGATION NOTICE TO THE DISTRICT ATTORNEY MADE3
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION.4
(b) (I) IF THE INVESTIGATION CANNOT BE COMPLETED WITHIN5
NINETY-ONE DAYS, THE CRIME LABORATORY DIRECTOR SHALL PROVIDE6
NOTICE OF THE INVESTIGATION TO EACH DISTRICT ATTORNEY WHO HAS7
JURISDICTION OVER ANY CASE THE CRIME LABORATORY EMPLOYEE8
WORKED ON IN AN OFFICIAL CAPACITY, INCLUDING CASES SUBJECT TO THE9
NOTICE REQUIRED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION.10
(II) THE NOTICE TO THE DISTRICT ATTORNEY ABOUT AN ONGOING11
INVESTIGATION MADE PURSUANT TO SUBSECTION (4)(b)(I) OF THIS12
SECTION MUST INCLUDE:13
(A) THE NAME OF THE CRIME LABORATORY EMPLOYEE ;14
(B) THE NATURE OF THE ALLEGATION;15
(C) A WRITTEN UPDATE THAT ADDRESSES THE STATE OF THE16
INVESTIGATION, THE REASON FOR THE DELAY, AND THE ANTICIPATED17
TIMELINE FOR COMPLETING THE INVESTIGATION ; AND18
(D) THE LIST OF CASES DESCRIBED IN SUBSECTION (2)(f) OF THIS19
SECTION.20
(III) AFTER NOTIFYING A DISTRICT ATTORNEY ABOUT AN ONGOING21
INVESTIGATION PURSUANT TO SUBSECTION (4)(b)(I) OF THIS SECTION, THE22
CRIME LABORATORY DIRECTOR SHALL PROVIDE WRITTEN UPDATES ABOUT23
THE STATUS OF THE INVESTIGATION TO THE DISTRICT ATTORNEY AT LEAST24
EVERY THIRTY-FIVE DAYS THEREAFTER UNTIL THE INVESTIGATION IS25
COMPLETE.26
(c) AT THE CONCLUSION OF THE INVESTIGATION , THE CRIME27
1275
-8- LABORATORY DIRECTOR SHALL PREPARE A WRITTEN FINAL REPORT1
DESCRIBING THE INVESTIGATION AND DETERMINATIONS ON THE CASES IN2
WHICH THERE IS AN ALLEGED WRONGFUL ACTION BY A CRIME3
LABORATORY EMPLOYEE. IF THE INVESTIGATION DETERMINES THAT THE4
CRIME LABORATORY EMPLOYEE ENGAGED IN WRONGFUL ACTION , THE5
FINAL REPORT MUST INCLUDE THE LIST OF CASES DESCRIBED IN6
SUBSECTION (2)(f) OF THIS SECTION AND THE RELEASE OF THE FINAL7
REPORT IS GOVERNED BY SECTION 24-72-303 (4)(a.5).8
(5) (a) IF THE INVESTIGATION DETERMINES THAT THE CRIME9
LABORATORY EMPLOYEE DID NOT ENGAGE IN WRONGFUL ACTION, NO10
FURTHER ACTION IS REQUIRED BY THE CRIME LABORATORY DIRECTOR ;11
EXCEPT THAT:12
(I) THE DIRECTOR SHALL DELIVER FORTHWITH THE FINAL REPORT13
OF THE INVESTIGATION TO EACH DISTRICT ATTORNEY WHO RECEIVED A14
NOTICE OF THE INVESTIGATION PURSUANT TO SUBSECTIONS (3) AND (4) OF15
THIS SECTION; AND16
(II) THE DIRECTOR SHALL DELIVER FORTHWITH THE FINAL REPORT17
OF THE INVESTIGATION TO EACH DISTRICT ATTORNEY WITH JURISDICTION18
OVER ANY CASE THAT WAS SUBJECT TO INVESTIGATION PURSUANT TO19
SUBSECTION (1) OF THIS SECTION.20
(b) IF THE INVESTIGATION DETERMINES THAT THE CRIME21
LABORATORY EMPLOYEE ENGAGED IN WRONGFUL ACTION, THE CRIME22
LABORATORY DIRECTOR SHALL :23
(I) DELIVER FORTHWITH THE FINAL REPORT OF THE24
INVESTIGATION, WHICH INCLUDES THE LIST OF CASES DESCRIBED IN25
SUBSECTION (2)(f) OF THIS SECTION, TO EACH DISTRICT ATTORNEY WHO26
HAS JURISDICTION OVER ANY CASE THAT THE CRIME LABORATORY27
1275
-9- EMPLOYEE WORKED ON IN AN OFFICIAL CAPACITY ; AND1
(II) PROVIDE THE DISTRICT ATTORNEY ALL MATERIALS2
DISCOVERABLE BY THE DEFENDANT PURSUANT TO SECTION 16-12-309 ON3
A TIMELY AND ONGOING BASIS THROUGH THE CONCLUSION OF4
POST-CONVICTION PROCEEDINGS. THE DIRECTOR SHALL RESPOND TO ANY5
REQUESTS FOR DISCOVERABLE MATERIAL FROM THE DISTRICT ATTORNEY6
BY PROVIDING THE REQUESTED MATERIALS OR BY RESPONDING IN WRITING7
WITHIN TWENTY-FOUR DAYS AFTER RECEIVING THE REQUEST THAT THE8
REQUESTED MATERIALS DO NOT EXIST .9
(6) A CRIME LABORATORY MUST ADOPT POLICIES AND10
PROCEDURES GOVERNING :11
(a) PROCEDURES NEEDED TO COMPLY WITH THE MANDATES OF THIS12
ARTICLE 12; AND13
(b) THE PRESERVATION OF RECORDS RELATED TO WRONGFUL14
ACTION REPORTS RECEIVED BY THE CRIME LABORATORY DIRECTOR AND15
THE DIRECTOR'S INVESTIGATION AND INVESTIGATORY REPORTS. THE16
POLICIES MUST REQUIRE THAT ALL RECORDS ARE PRESERVED AT LEAST17
THROUGH THE FINAL RESOLUTION OF LITIGATION OR POTENTIAL18
LITIGATION IN ALL AFFECTED CASES AND ANY RELATED CIVIL CASES .19
(7) IF AN INVESTIGATION CONCERNING WRONGFUL ACTION BY A20
CRIME LABORATORY OCCURRED AFTER JULY 1, 2014, AND BEFORE JULY 1,21
2025, AND THE INVESTIGATION RESULTED IN CRIMINAL ALLEGATIONS22
FILED AGAINST THE CRIME LABORATORY EMPLOYEE OR A SUSTAINED23
INTERNAL AFFAIRS ACTION BY THE DEPARTMENT SUPERVISING THE CRIME24
LABORATORY EMPLOYEE , THE CRIME LABORATORY DIRECTOR SHALL , AS25
SOON AS PRACTICABLE BUT NO LATER THAN SEPTEMBER 1, 2025, PREPARE26
A FINAL REPORT, AS DESCRIBED IN SUBSECTION (4)(c) OF THIS SECTION,27
1275
-10- AND PROVIDE THE REPORT TO ALL DISTRICT ATTORNEYS WITH1
JURISDICTION OVER ANY CRIMINAL CASE THAT IS IDENTIFIED IN THE FINAL2
REPORT THAT IS PENDING OR HAS RESULTED IN A CONVICTION IN THAT3
JURISDICTION. THE REPORT MUST INCLUDE THE LIST OF CASES REQUIRED4
IN SUBSECTION (2)(f) OF THIS SECTION.5
(8) ALL RECORDS RELATED TO AN INVESTIGATION, INCLUDING6
NOTICES AND REPORTS, ARE CRIMINAL JUSTICE RECORDS AS DEFINED IN7
SECTION 24-72-302. EXCEPT AS PROVIDED IN THIS SECTION, RELEASE OF8
THE RECORDS IS GOVERNED BY PART 3 OF ARTICLE 72 OF TITLE 24.9
16-12-306. Prosecution duty to notify defendants and10
defendant's counsel - content of notice. (1) A DISTRICT ATTORNEY WHO11
RECEIVES A NOTICE FROM A CRIME LABORATORY DIRECTOR PURSUANT TO12
SECTION 16-12-305 (3)(a) THAT AN INVESTIGATION OF WRONGFUL ACTION13
WAS INITIATED SHALL NOTIFY THE DEFENDANT IN THE CASE THAT IS14
SUBJECT TO THE INVESTIGATION AS SOON AS PRACTICABLE BUT NO LATER15
THAN NINETY-ONE DAYS AFTER RECEIVING THE NOTICE OF THE INITIATION16
OF THE INVESTIGATION, UNLESS COURT RULES, COURT ORDER, OR LAW17
REQUIRES AN EARLIER DEADLINE FOR DISCLOSURE .18
(2) (a) A DISTRICT ATTORNEY WHO RECEIVES A FINAL REPORT OF19
AN INVESTIGATION PURSUANT TO SECTION 16-12-305 (5)(b) OR (7) THAT20
DETERMINES THAT A CRIME LABORATORY EMPLOYEE E NGAGED IN21
WRONGFUL ACTION IN A CASE SHALL NOTIFY THE DEFENDANT IN THAT22
CASE, AND EACH DEFENDANT WHOSE CASE WAS REVIEWED AS PART OF THE23
INVESTIGATION, OF THE DETERMINATION OF WRONGFUL ACTION IN THE24
CASE THAT IS SUBJECT TO THE INVESTIGATION AS SOON AS PRACTICABLE25
BUT NO LATER THAN NINETY-ONE DAYS AFTER THE RECEIPT OF THE FINAL26
REPORT.27
1275
-11- (b) THE DISTRICT ATTORNEY SHALL ALSO NOTIFY EACH1
DEFENDANT IN A CASE IDENTIFIED BY THE CRIME LABORATORY DIRECTOR2
IN THE LIST OF CASES DESCRIBED IN SECTION 16-12-305 (2)(f) THAT WAS3
PROVIDED TO THE DISTRICT ATTORNEY BUT ONLY IF THE DEFENDANT'S4
CRIMINAL CASE IS PENDING OR RESULTED IN A CONVICTION IN THAT5
JURISDICTION. THE DISTRICT ATTORNEY SHALL NOTIFY THE DEFENDANT AS6
SOON AS PRACTICABLE BUT NO LATER THAN NINETY-ONE DAYS AFTER7
RECEIPT OF THE FINAL REPORT.8
(3) IF A CRIME LABORATORY DIRECTOR'S INVESTIGATION INITIATED9
PURSUANT TO SECTION 16-12-305 (1) IS NOT COMPLETED WITHIN ONE10
HUNDRED TWENTY-SIX DAYS, THE DISTRICT ATTORNEY SHALL NOTIFY THE11
DEFENDANTS IDENTIFIED BY THE CRIME LABORATORY IN THE LIST OF12
CASES DESCRIBED IN SECTION 16-12-305 (2)(f) THAT WAS PROVIDED TO13
THE DISTRICT ATTORNEY OF THE INVESTIGATION OF THE WRONGFUL14
ACTION BUT ONLY WHEN THE CRIMINAL CASE IS PENDING OR RESULTED IN15
A CRIMINAL CONVICTION. THE DISTRICT ATTORNEY SHALL NOTIFY THE16
DEFENDANTS PURSUANT TO THIS SUBSECTION (3) AS SOON AS17
PRACTICABLE. THE NOTICE OF AN INCOMPLETE INVESTIGATION DESCRIBED18
IN THIS SUBSECTION (3) IS IN ADDITION TO THE NOTICE OF A FINAL REPORT19
REQUIRED IN SUBSECTION (2) OF THIS SECTION.20
(4) IN ADDITION TO THE INFORMATION REQUIRED IN A NOTICE21
PURSUANT TO THIS SUBSECTION (4), THE NOTICE TO THE DEFENDANT MADE22
PURSUANT TO SUBSECTION (2) OF THIS SECTION MUST STATE THAT THERE23
IS A FINAL REPORT OF WRONGFUL ACTION BY A CRIME LABORATORY24
EMPLOYEE INVOLVED IN THE DEFENDANT'S CASE. THE NOTICE MADE TO A25
DEFENDANT PURSUANT TO THIS SECTION MUST INCLUDE : 26
(a) T
HE NAME OF THE CRIME LABORATORY EMPLOYEE AND THE27
1275
-12- NAME OF THE CRIME LABORATORY OR AGENCY THAT OPERATES THE CRIME1
LABORATORY;2
(b) T
HE DEFENDANT'S CASE NUMBER AND COURT THAT HAS3
JURISDICTION OVER THE CASE;4
(c) A
STATEMENT THAT THE DEFENDANT HAS :5
(I) A
TIME-LIMITED RIGHT TO MAKE A POST-CONVICTION CLAIM6
PURSUANT TO THE "COLORADO FORENSIC SCIENCE INTEGRITY ACT" AND7
AN APPROPRIATE CITATION TO THE "COLORADO FORENSIC SCIENCE8
I
NTEGRITY ACT";9
(II) A
RIGHT TO COUNSEL TO INVESTIGATE , FILE, AND LITIGATE10
POST-CONVICTION CLAIMS PURSUANT TO THE "COLORADO FORENSIC11
S
CIENCE INTEGRITY ACT";12
(III) A
RIGHT TO HIRE THEIR OWN COUNSEL , AND IF THE13
DEFENDANT CANNOT AFFORD COUNSEL , THE RIGHT TO COURT-APPOINTED14
COUNSEL;15
(d) I
NFORMATION ABOUT HOW TO CONTACT THE OFFICE OF STATE16
PUBLIC DEFENDER OR THE COURT TO REQUEST THAT COUNSEL BE17
APPOINTED; AND18
(e) I
NFORMATION ABOUT HOW TO CONTACT THE DISTRICT19
ATTORNEY'S OFFICE TO DETERMINE THE STATUS OF THE INVESTIGATION ,20
IF THE DEFENDANT IS PROCEEDING WITHOUT COUNSEL .21
(5) (a) IF THE DEFENDANT'S CRIMINAL CASE IS A PENDING CASE FOR22
WHICH NO CONVICTION HAS BEEN ENTERED , IS ON APPEAL STATUS, OR HAS23
HAD POST-CONVICTION MOTIONS FILED THAT ARE PENDING , THE DISTRICT24
ATTORNEY SHALL IMMEDIATELY NOTIFY THE DEFENDANT AND THE25
DEFENDANT'S COUNSEL THROUGH DISCOVERY IN THE CASE .26
(b) I
F THE DEFENDANT WAS CONVICTED IN THE CASE AND THERE27
1275
-13- IS NOT A PENDING APPEAL AND THERE ARE NO PENDING POST -CONVICTION1
MOTIONS IN THE CASE AND:2
(I) T
HE DEFENDANT IS IN CUSTODY IN JAIL OR A CORRECTIONAL3
FACILITY, THE DISTRICT ATTORNEY SHALL NOTIFY THE DEFENDANT VIA4
REGULAR MAIL AT THE DEFENDANT 'S PLACE OF INCARCERATION AND5
NOTIFY THE OFFICE OF THE PUBLIC DEFENDER BY EMAIL AT THE EMAIL6
ADDRESS DESCRIBED IN SUBSECTION
(5)(c) OF THIS SECTION; OR7
(II) T
HE DEFENDANT IS NOT IN CUSTODY IN JAIL OR A8
CORRECTIONAL FACILITY, THE DISTRICT ATTORNEY SHALL NOTIFY THE9
DEFENDANT, BY PERSONAL SERVICE OR REGISTERED MAIL , AT THE10
DEFENDANT'S LAST-KNOWN ADDRESS AND THE ADDRESS OF THE11
DEFENDANT'S LAST-KNOWN COUNSEL OR IF THE DEFENDANT 'S12
LAST-KNOWN COUNSEL WAS THE PUBLIC DEFENDER , NOTIFY THE OFFICE OF13
PUBLIC DEFENDER BY EMAIL AT THE EMAIL ADDRESS DESCRIBED IN14
SUBSECTION
(5)(c) OF THIS SECTION.15
(c) T
HE STATE PUBLIC DEFENDER SHALL DESIGNATE AN EMAIL16
ADDRESS TO RECEIVE NOTICES PURSUANT TO THIS SECTION AND SHALL17
PROVIDE THE EMAIL ADDRESS TO EACH DISTRICT ATTORNEY AND THE18
C
OLORADO DISTRICT ATTORNEYS ' COUNCIL.19
20
16-12-307. Duty to notify victims. (1) W
HEN A DISTRICT21
ATTORNEY RECEIVES A NOTICE
THAT A CRIME LABORATORY EMPLOYEE22
ENGAGED IN WRONGFUL ACTION AND A CRIMINAL CASE IDENTIFIED IN THE23
NOTICE INVOLVES A CRIME LISTED IN SECTION 24-4.1-302 (1), THE24
DISTRICT ATTORNEY SHALL , AS REQUIRED IN SUBSECTION (2) OF THIS25
SECTION, NOTIFY EACH VICTIM OF THE CRIME ABOUT THE INVESTIGATION26
AND THE NATURE OF THE ALLEGED WRONGFUL ACTION .27
1275
-14- (2) THE DISTRICT ATTORNEY SHALL NOTIFY A VICTIM PURSUANT1
TO THIS SECTION BY PERSONAL SERVICE OR REGISTERED MAIL AT THE2
VICTIM'S LAST-KNOWN ADDRESS. THE DISTRICT ATTORNEY SHALL NOTIFY3
VICTIMS PURSUANT TO THIS SECTION IN CASES IN WHICH CHARGES HAVE4
BEEN FILED AGAINST THE DEFE NDANT BUT A CRIMINAL TRIAL HAS NOT5
BEGUN. THE DISTRICT ATTORNEY SHALL NOTIFY THE VICTIM AS SOON AS6
PRACTICABLE BUT NOT LATER THAN NINETY -ONE DAYS AFTER THE7
DISTRICT ATTORNEY RECEIVED THE NOTICE FROM THE CRIME LABORATORY8
DIRECTOR OR PRIOR TO THE START OF THE TRIAL IF TRIAL STARTS BEFORE9
THE NINETY-ONE DAYS ENDS.10
16-12-308. Defendant's right to counsel. (1) A
DEFENDANT HAS11
THE RIGHT TO COUNSEL TO INVESTIGATE , FILE, AND LITIGATE A12
POST-CONVICTION CLAIM ARISING FROM WR ONGFUL ACTION AND APPEALS13
ARISING FROM THE CLAIM. THE RIGHT TO COUNSEL FOR ASSISTANCE WITH14
POST-CONVICTION CLAIMS PURSUANT TO THIS PART 3, INCLUDING THE15
RIGHT FOR AN INDIGENT PERSON TO HAVE THE ASSISTANCE OF16
COURT-APPOINTED COUNSEL, ATTACHES WHEN A DEFENDANT RECEIVES A17
NOTICE PURSUANT TO SECTION 16-12-306 OR MAKES A SHOWING THAT A18
CRIME LABORATORY EMPLOYEE WORKED ON THEIR CASE AND IS THE19
SUBJECT OF AN INVESTIGATION OF WRONGFUL ACTION . A DEFENDANT IS20
NOT REQUIRED TO FILE A PETITION FOR POST -CONVICTION RELIEF TO21
RECEIVE COURT-APPOINTED COUNSEL.22
(2) (a) A
DEFENDANT MAY REQUEST COUNSEL BY FILING A23
WRITTEN REQUEST FOR COUNSEL WITH THE COURT AND ATTACHING A24
COPY OF THE NOTICE RECEIVED PURSUANT TO SECTION 16-12-306 OR A25
PLEADING THAT NAMES A CRIME LABORATORY EMPLOYEE AND PROVIDES26
SUFFICIENT INFORMATION FOR THE COURT TO FIND THAT THE CRIME27
1275
-15- LABORATORY IS THE SUBJECT OF AN INVESTIGATION OF WRONGFUL1
ACTION.2
(b) I
F A DEFENDANT FILES A PLEADING IN COURT WITHOUT3
COUNSEL, THE COURT SHALL DETERMINE IF THE DEFENDANT IS4
REQUESTING THE APPOINTMENT OF COUNSEL OR IF THE DEFENDANT IS5
KNOWINGLY AND VOLUNTARILY WAIVING THEIR RIGHT TO COUNSEL .6
(3) A
PUBLIC DEFENDER WHO HAS RECEIVED A REQUEST FOR7
ASSISTANCE FROM A DEFENDANT WHO RECEIVED A NOTICE PURSUANT TO8
SECTION 16-12-306, OR FROM A DEFENDANT WHO CAN MAKE A SHOWING9
THAT A CRIME LABORATORY EMPLOYEE WHO WORKED ON THEIR CASE IS10
THE SUBJECT OF AN INVESTIGATION OF WRONGFUL ACTION, MAY REQUEST11
APPOINTMENT BY THE COURT IF THE DEFENDANT QUALIFIES FOR12
REPRESENTATION BY COURT-APPOINTED COUNSEL.13
(4) U
PON RECEIVING A REQUEST TO APPOINT COUNSEL FOR A14
DEFENDANT MADE PURSUANT TO THIS SECTION , THE COURT SHALL, IN15
ACCORDANCE WITH SECTION 21-1-103, APPOINT THE PUBLIC DEFENDER TO16
REPRESENT THE DEFENDANT IN A POST-CONVICTION MATTER RELATED TO17
THE WRONGFUL ACTION. IF THE PUBLIC DEFENDER NOTIFIES THE COURT OF18
A CONFLICT OF INTEREST, THE COURT SHALL APPOINT THE OFFICE OF19
ALTERNATE DEFENSE COUNSEL TO REPRESENT THE DEFENDANT .20
16-12-309. Discovery and expert witness disclosure -21
procedures - construction consistent with court rules. (1) (a) A22
DEFENDANT HAS A RIGHT TO
DISCOVERY, INCLUDING POST-CONVICTION23
DISCOVERY, RELATED TO THE WRONGFUL ACTION :24
(I) U
PON RECEIPT OF A NOTICE OF REPORTED WRONGFUL ACTION25
DESCRIBED IN SECTION 16-12-306; OR26
(II) I
F A COURT ORDERS DISCOVERY AFTER THE DEFENDANT FILES27
1275
-16- A PLEADING THAT NAMES A CRIME LABORATORY EMPLOYEE WHO WORKED1
ON THE DEFENDANT'S CASE WHO IS THE SUBJECT OF AN INVESTIGATION OF2
WRONGFUL ACTION.3
(b) A
DEFENDANT MAY REQUEST DISCOVERY BY MAKING A4
WRITTEN REQUEST TO THE DISTRICT ATTORNEY OR FILING A MOTION WITH5
THE COURT.6
(c) U
PON RECEIVING A VALID DISCOVERY REQUEST OR A COURT7
ORDER TO PROVIDE DISCOVERY, THE DISTRICT ATTORNEY SHALL PROVIDE8
DISCOVERY TO THE DEFENDANT PURSUANT TO THIS SECTION AS SOON AS9
PRACTICABLE AND ON AN ONGOING BASIS THROUGH THE CONCLUSION OF10
POST-CONVICTION PROCEEDINGS . THE DISTRICT ATTORNEY SHALL11
REQUEST, PURSUANT TO SECTION 16-12-305
(5)(b)(II), DISCOVERABLE12
MATERIAL FROM A CRIME LABORATORY THAT MAY BE IN THE POSSESSION13
OF THE CRIME LABORATORY BUT HAS NOT BEEN PROVIDED TO THE14
DISTRICT ATTORNEY.15
(2) W
HEN DISCOVERY IS REQUIRED PURSUANT TO SUBSECTION (1)16
OF THIS SECTION, AND UPON RECEIVING A DISCOVERY REQUEST FROM A17
DEFENDANT, THE DISTRICT ATTORNEY SHALL PROVIDE THE DEFENDANT18
COPIES OF THE FOLLOWING:19
(a) A
LL MATERIAL THAT WAS PREVIOUSLY DISCOVERED IN THE20
CASE THAT IS NOT ALREADY IN THE DEFENDANT 'S PRESENT COUNSEL'S21
POSSESSION;22
(b) A
LL STATEMENTS, TRANSCRIPTS, AND REPORTS ABOUT THE23
WRONGFUL ACTION OR INVESTIGATION OF THE WRONGFUL ACTION ,24
INCLUDING, BUT NOT LIMITED TO, STATEMENTS, TRANSCRIPTS, AND25
REPORTS FROM THE CRIME LABORATORY ,
INCLUDING AN UNREDACTED26
COPY OF THE FINAL REPORT, LAW ENFORCEMENT AGENCIES OR OFFICERS ,27
1275
-17- AND THIRD PARTIES CONTRACTED TO INVESTIGATE THE WRONGFUL1
ACTION;2
(c) A
LL STATEMENTS, TRANSCRIPTS, REPORTS, OR LITIGATION3
PACKETS ABOUT THE HANDLING , TESTING, RETESTING, EXAMINATION, OR4
RESULTS RELATED TO THE PHYSICAL EVIDENCE IN THE DEFENDANT 'S CASE;5
(d) A
LL COMMUNICATIONS, REPORTS, OR INFORMATION THAT6
RELATES TO ACCREDITATION, CERTIFICATION, OR LICENSURE RELATED TO,7
OR THAT MAY BE AFFECTED BY, THE WRONGFUL ACTION, WHICH INCLUDES8
ACCREDITATION, CERTIFICATION, OR LICENSURE OF THE CRIME9
LABORATORY OR THE CRIME LABORATORY EMPLOYEE ALLEGED TO HAVE10
COMMITTED THE WRONGFUL ACTION ;11
(e) C
RIME LABORATORY POLICIES AND PROCEDURES THAT WERE12
APPLICABLE DURING THE TIME OF THE ALLEGED WRONGFUL ACTION THAT13
GOVERNED THE HANDLING , TESTING, OR EXAMINATION OF THE EVIDENCE14
HANDLED, TESTED, OR EXAMINED BY THE CRIME LABORATORY FOR WHICH15
THE CRIME LABORATORY EMPLOYEE ALLEGED TO HAVE COMMITTED THE16
WRONGFUL ACTION WORKED ;17
(f) A
NY INFORMATION THAT TENDS TO IMPEACH THE CREDIBILITY18
OR RELIABILITY OF THE HANDLING, TESTING, OR EXAMINATION OF THE19
PHYSICAL EVIDENCE IN THE CASE;20
(g) A
LL MATERIALS OR INFORMATION RELATED TO THE CASE THAT21
TENDS TO NEGATE THE GUILT OF THE ACCUSED OR WOULD REDUCE THE22
PUNISHMENT OF THE ACCUSED ; AND23
(h) A
NY OTHER MATERIAL REGARDING THE WRONGFUL ACTION24
THAT IS REQUESTED BY THE DEFENDANT THAT MAY BE RELEVANT TO25
DEMONSTRATING THE WRONGFUL ACTION OR MATERIALITY OF THE26
WRONGFUL ACTION IN THE DEFENDANT 'S CASE.27
1275
-18- (3) ANY PARTY MAY FILE A MOTION FOR A COURT ORDER TO ASSIST1
IN OBTAINING DISCOVERY PURSUANT TO THIS SECTION . WHEN MATERIAL2
IS REASONABLY BELIEVED TO EXIST AND IS REQUIRED TO BE PROVIDED3
PURSUANT TO THIS SECTION, BUT HAS NOT BEEN PROVIDED IN RESPONSE4
TO PROPER REQUESTS, A SUBPOENA MAY BE ISSUED FOR SUCH MATERIAL .5
(4) N
OTHING IN THIS SECTION PREVENTS OR LIMITS A COURT FROM6
ORDERING ADDITIONAL DISCOVERY PURSUANT TO A LAW OR COURT RULE7
THAT AUTHORIZES A COURT TO ORDER DISCOVERY .8 (5) (a) UNLESS IT IS IN CONFLICT WITH A SPECIFIC PROVISION OF9
THIS SECTION, RULE 16 OF THE COLORADO RULES OF CRIMINAL10
PROCEDURE APPLIES TO ANY POST-CONVICTION PROCEEDINGS UNDER THIS11
SECTION.12
(b) IN POST-CONVICTION PROCEEDINGS UNDER THIS SECTION , A13
PROSECUTING ATTORNEY SHALL PERFORM THEIR OBLIGATIONS :14
(I) PURSUANT TO SUBSECTIONS (2)(a), (2)(b), (2)(c), AND (2)(d) OF15
THIS SECTION AS SOON AS PRACTICABLE, BUT NOT LATER THAN16
FORTY-FIVE DAYS AFTER THE PROSECUTING ATTORNEY RECEIVES A VALID17
DISCOVERY REQUEST OR COURT ORDER PURSUANT TO SUBSECTION (1)(c)18
OF THIS SECTION; AND19
(II) PURSUANT TO SUBSECTIONS (2)(e), (2)(f), (2)(g), AND (2)(h)20
OF THIS SECTION AS SOON AS PRACTICABLE, BUT NOT LATER THAN21
THIRTY-FIVE DAYS BEFORE THE EVIDENTIARY HEARING REGARDING THE22
POST-CONVICTION PROCEEDING.23
(6) (a) W
ITH REGARD TO ALL MATTERS OF DISCOVERY UNDER THIS24
SECTION, THE COURT MAY ISSUE A PROTECTIVE ORDER UPON A SHOWING25
OF CAUSE BY A PARTY OR A THIRD PARTY WHO HAS STANDING , INCLUDING26
THE CRIME LABORATORY ANALYST ACCUSED OF WRONGFUL ACTION , SO27
1275
-19- LONG AS ALL MATERIAL TO WHICH A PARTY IS ENTITLED MUST BE1
DISCLOSED IN TIME FOR THE PARTY TO MAKE BENEFICIAL USE THEREOF .2
(b) P
URSUANT TO SUBSECTION (6)(a) OF THIS SECTION, THE COURT3
MAY ENTER A PROTECTIVE ORDER AT ANY TIME THAT :4
(I) R
EQUIRES SPECIFIC DISCLOSURES TO BE RESTRICTED OR5
DEFERRED;6
(II) A
SSISTS IN ENSURING MATERIALS FURNISHED IN DISCOVERY7
ARE ONLY PROVIDED TO A PERSON TO PREPARE A CLAIM FOR8
POST-CONVICTION RELIEF OR TO PREPARE FOR TRIAL OF A CASE ;9
(III) P
ROTECTS THE PRIVACY RIGHTS OF ANY PERSON ; OR 10
(IV) T
HE COURT DEEMS NECESSARY .11
(c) W
HEN DETERMINING WHETHER TO ISSUE A PROTECTIVE ORDER12
INVOLVING INFORMATION DISCLOSED PURSUANT TO THIS SECTION ABOUT13
ALLEGATIONS OF WRONGFUL ACTION BY A CRIME LABORATORY EMPLOYEE14
THAT ARE STILL UNDER INVESTIGATION OR THAT WERE NOT SUSTAINED BY15
THE CRIME LABORATORY, THE COURT SHALL GIVE WEIGHT TO PROTECTING16
THE CRIME LABORATORY EMPLOYEE 'S PRIVACY.17
(7) (a) IF A DEFENDANT ALLEGES A CLAIM OF INEFFECTIVE18
ASSISTANCE OF COUNSEL AS PART OF A CLAIM BROUGHT PURSUANT TO19
THIS SECTION, THE PROVISIONS OF SECTION 18-1-417 REGARDING WAIVER20
OF CONFIDENTIALITY APPLY.21
(b) THE COUNSEL OF RECORD SHALL DISCLOSE ANY MATERIALS22
FROM A PRIOR COUNSEL FILE THAT MUST BE DISCLOSED PURSUANT TO23
SECTION 18-1-417 AS SOON AS PRACTICABLE UPON A REQUEST FROM THE24
PROSECUTION AND NO LATER THAN THIRTY-FIVE DAYS FROM THE REQUEST25
OF THE PROSECUTION. THE CUSTODIAN MAY FILE A MOTION WITH THE26
COURT AND THE COURT MAY GRANT AN EXTENSION TO MAKE THE27
1275
-20- DISCLOSURE UPON A SHOWING OF GOOD CAUSE .1
(c) AFTER MAKING A REQUEST PURSUANT TO SECTION 18-1-4172
UPON A SHOWING OF A GOOD FAITH BELIEF THAT MATERIAL EXISTS WITHIN3
THE SCOPE OF A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL THAT HAS4
NOT BEEN PRODUCED, THE PROSECUTION MAY FILE A MOTION WITH THE5
COURT SEEKING IN CAMERA REVIEW OF MATERIAL SUBJECT TO A GOOD6
FAITH DISPUTE. THE PROSECUTION SHALL SERVE ANY SUCH REQUEST UPON7
THE CUSTODIAN OF THE RECORDS .8
(8) SUBJECT TO CONSTITUTIONAL LIMITATIONS, THE COURT SHALL9
SET A DEADLINE AT LEAST THIRTY-FIVE DAYS PRIOR TO THE EVIDENTIARY10
HEARING FOR THE PARTIES TO:11
(a) EXCHANGE THE NAME AND ADDRESS OF EACH WITNESS A12
PARTY MAY CALL AT THE HEARING AND TO DESIGNATE WITNESSES WHO13
ARE LIKELY TO BE CALLED; AND14
(b) DESIGNATE A WITNESS AS AN EXPERT AND DESIGNATE THE15
AREA IN WHICH THE PARTY WILL SEEK TO QUALIFY THE EXPERT. SUBJECT16
TO CONSTITUTIONAL LIMITATIONS, THE COURT SHALL ORDER THE PARTIES17
TO PROVIDE A REPORT FROM THE DESIGNATED EXPERT OR SUMMARY OF18
THE EXPERT'S TESTIMONY THAT ALLOWS THE OPPOSING PARTY TO PREPARE19
TO RESPOND TO THE EXPERT'S TESTIMONY.20
16-12-310. Petition for post-conviction relief - petition21
requirements. (1) N
OTWITHSTANDING ANY OTHER CLAIM FOR22
POST-CONVICTION RELIEF AVAILABLE PURSUANT TO FEDERAL OR STATE23
LAW, INCLUDING RELIEF AVAILABLE PURSUANT TO THE COLORADO RULES24
OF CRIMINAL PROCEDURE , A DEFENDANT WHO WAS C ONVICTED OF A25
CRIMINAL OFFENSE WHO RECEIVES A NOTICE OF REPORTED WRONGFUL26
ACTION PURSUANT TO SECTION 16-12-306 OR WHO FILES A PLEADING27
1275
-21- NAMING A CRIME LABORATORY EMPLOYEE WHO WORKED ON THE1
DEFENDANT'S CASE WHO IS SUBJECT TO AN INVESTIGATION OF WRONGFUL2
ACTION HAS A RIGHT TO PETITION FOR RELIEF PURSUANT TO THIS PART 3.3
(2) T
O INITIATE A CLAIM FOR POST-CONVICTION RELIEF, THE4
DEFENDANT SHALL FILE A PETITION THAT INCLUDES :5
(a) I
F NOT ALREADY FILED WITH THE COURT , A COPY OF THE6
NOTICE RECEIVED PURSUANT TO SECTION 16-12-306 OR A STATEMENT7
THAT NAMES A CRIME LABORATORY EMPLOYEE WHO WORKED ON THE8
DEFENDANT'S CASE WHO IS SUBJECT TO AN INVESTIGATION OF WRONGFUL9
ACTION;10
(b) A
STATEMENT OF THE RELEVANT PROCEDURAL HISTORY OF THE11
DEFENDANT'S CASE, INCLUDING THE CRIMES FOR WHICH THE DEFENDANT12
WAS CONVICTED;13
(c) T
HE FACTS AND LEGAL BASIS FOR RELIEF , WHICH MUST14
INCLUDE SUFFICIENT ALLEGATIONS THAT , IF TRUE, ENTITLE THE15
DEFENDANT TO RELIEF; AND16
(d) A
DESCRIPTION OF THE TIME LIMIT FOR FILING THE PETITION.17
(3) A
COURT SHALL PERMIT A DEFENDANT TO SUPPLEMENT A18
PETITION WITH RELEVANT FACTUAL ASSERTIONS AND LEGAL AUTHORITIES19
SO LONG AS THE DISTRICT ATTORNEY HAS A FAIR NOTICE AND ABILITY TO20
RESPOND.21
(4) T
HE COURT MAY DISMISS A PETITION FOR FAILING TO22
SUBSTANTIALLY COMPLY WITH THE REQUIREMENTS OF THIS SECTION BUT23
ONLY AFTER MAKING A FINDING OF A SUBSTANTIAL DEFECT IN THE24
PETITION AND AFFORDING THE DEFENDANT AN OPPORTUNITY TO AMEND25
OR SUPPLEMENT THE PETITION TO CURE THE DEFECT .26
(5) A
FTER RECEIVING A PETITION AND ANY SUPPLEMENTS OR27
1275
-22- AMENDMENTS, THE COURT SHALL ORDER THE DISTRICT ATTORNEY TO1
RESPOND TO THE PETITION WITHIN THIRTY -FIVE DAYS AND AFFORD THE2
DEFENDANT AN OPPORTUNITY TO REPLY TO THE RESPONSE WITHIN3
TWENTY-ONE DAYS AFTER THE DISTRICT ATTORNEY 'S RESPONSE IS FILED.4
T
HE DISTRICT ATTORNEY DOES NOT HAVE A DUTY TO RESPOND UNTIL5
ORDERED TO DO SO. A COURT MAY GRANT AN EXTENSION OF TIME FOR THE6
DISTRICT ATTORNEY TO FILE A RESPONSE OR A DEFENDANT TO FILE A7
REPLY. THE DISTRICT ATTORNEY'S RESPONSE AND ANY REPLY BY THE8
DEFENDANT MUST STATE FACTUAL ASSERTIONS AND LEGAL AUTHORITIES9
THAT AFFORD THE OPPOSING PARTY FAIR NOTICE AND ABILITY TO10
RESPOND.11
(6) A
FTER RECEIVING THE PETITION, A RESPONSE, AND ANY REPLY,12
THE COURT MAY DISMISS A PETITION WITHOUT A HEARING IF THE PETITION13
FAILS TO STATE SUFFICIENT ALLEGATIONS THAT , IF TRUE, ENTITLE THE14
DEFENDANT TO RELIEF.15
(7) T
HE COURT SHALL NOT DENY A CLAIM BROUGHT PURSUANT TO16
THIS SECTION ON THE GROUNDS THAT THE WRONGFUL ACTION COULD OR17
SHOULD HAVE BEEN DISCOVERED THROUGH THE EXERCISE OF DUE18
DILIGENCE BEFORE THE DEFENDANT RECEIVED A NOTICE OF REPORTED19
WRONGFUL ACTION AS DESCRIBED IN SECTION 16-12-306 (1). IT IS20
PRESUMED THAT PRIOR TO RECEIVING A NOTICE PURSUANT TO SECTION21
16-12-306
(1) THAT THE DEFENDANT AND THEIR COUNSEL DO NOT KNOW22
ABOUT THE WRONGFUL ACTION BY A CRIME LABORATORY , AND THAT23
PRESUMPTION CONSTITUTES AN OBJECTIVE FACTOR , EXTERNAL TO THE24
DEFENSE, WHICH MADE RAISING ANY CLAIM RELATED TO THE WRONGFUL25
ACTION IMPRACTICABLE PRIOR TO RECEIPT OF THE NOTICE .26
(8) A
CLAIM MADE PURSUANT TO THIS SECTION MUST RAISE ALL27
1275
-23- GROUNDS FOR RELIEF RELATED TO THE WRONGFUL ACTION . AFTER A1
COURT HAS DENIED A CLAIM MADE PURSUANT TO THIS SECTION , A COURT2
SHALL DENY AS SUCCESSIVE ADDITIONAL CLAIMS RELYING ON THE3
WRONGFUL ACTION UNLESS NEW EVIDENCE RELATING TO THE CLAIM IS4
DISCOVERED THAT COULD NOT HAVE BEEN DISCOVERED THROUGH THE5
EXERCISE OF DUE DILIGENCE BEFORE THE DENIAL OF THE PRIOR CLAIM .6
(9) N
OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , A7
COURT SHALL NOT DENY A POST-CONVICTION CLAIM THAT IS UNRELATED8
TO WRONGFUL ACTION BECAUSE IT WAS NOT BROUGHT WITH A CLAIM9
PURSUANT TO THIS SECTION.10
16-12-311. Time limitation on post-conviction petition for11
relief. (1) (a) N
OTWITHSTANDING THE LIMITATION IN SECTION 16-5-402,12
A CLAIM FOR POST-CONVICTION RELIEF RELYING IN WHOLE OR IN PART ON13
FACTS RELATED TO WRONGFUL ACTION MUST BE COMMENCED WITHIN THE14
APPLICABLE TIME PERIOD SET FORTH IN SUBSECTION (1)(b) OF THIS15
SECTION, WHICH BEGINS TO RUN UPON ACTUAL RECEIPT BY THE16
DEFENDANT OF THE NOTICE OF REPORTED WRONGFUL ACTION MADE17
PURSUANT TO SECTION 16-12-306.18
(b) T
HE TIME PERIOD TO BRING A CLAIM FOR RELIEF PURSUANT TO19
THIS PART 3 IS AS FOLLOWS:20
A
LL CLASS 1 FELONIES:N O LIMIT21
A
LL OTHER FELONIES:T HREE YEARS22
M
ISDEMEANORS:E IGHTEEN MONTHS23
P
ETTY OFFENSES:S IX MONTHS24
(2) A
COURT MAY PERMIT A DEFENDANT TO FILE A CLAIM AFTER25
THE TIME PERIOD DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION HAS26
EXPIRED ONLY UPON A SHOWING
OF JUSTIFIABLE EXCUSE OR EXCUSABLE27
1275
-24- NEGLECT.1
2
(3) T
HE TIME PERIOD DESCRIBED IN SUBSECTION (1) OF THIS3
SECTION IS TOLLED:4
(a) I
F A DEFENDANT IS ADJUDICATED TO BE INCOMPETENT , UNTIL5
THE COURT FINDS THAT THE DEFENDANT IS RESTORED TO COMPETENCY ;6
(b) F
OR ANY TIME PERIOD DURING WHICH THE TRIAL COURT LACKS7
JURISDICTION, INCLUDING, BUT NOT LIMITED TO, ANY TIME PERIOD8
JURISDICTION IS IN AN APPELLATE COURT DUE A PENDING APPEAL ; AND9
(c) F
OR ANY TIME PERIOD DURING WHICH A DEFENDANT 'S WRITTEN10
REQUEST FOR COUNSEL MADE PURSUANT TO SECTION 16-12-308 IS11
PENDING UNTIL COUNSEL IS APPOINTED OR THE COURT DENIES THE12
MOTION.13
(4) I
F, PRIOR TO AN EVIDENTIARY HEARING HELD PURSUANT TO14
SECTION 16-12-312, THE PROSECUTION RAISES THAT THE PETITION15
INITIATING A CLAIM FOR POST-CONVICTION RELIEF WAS NOT TIMELY FILED,16
THE COURT
SHALL, PRIOR TO THE EVIDENTIARY HEARING, DETERMINE17
WHETHER THE PETITION WAS TIMELY FILED. IF THE TIME PERIOD HAS18
EXPIRED, THE COURT SHALL DISMISS THE PETITION. AN ORDER DISMISSING19
THE PETITION BECAUSE THE TIME TO BRING THE PETITION EXPIRED IS A20
FINAL APPEALABLE ORDER.21
16-12-312. Evidentiary hearing on post-conviction petition for22
relief - procedures - standards - material to the case described. (1) I
F23
THE DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF ASSERTS FACTS24
THAT, IF TRUE, DEMONSTRATE THAT WRONGFUL ACTION WAS MATERIAL25
TO THE DEFENDANT'S CASE, THE COURT SHALL DECIDE THE CLAIM UPON26
THE MERITS AFTER AN EVIDENTIARY HEARING .27
1275
-25- 1
(2) UPON THE REQUEST OF A PARTY , THE COURT MAY GRANT2
ADDITIONAL DISCRETIONARY DISCLOSURES TO EFFECTUATE FAIR3
PREPARATION AND PRESENTATION OF EVIDENCE BY THE OPPOSING PARTY .4
I
N CASE OF LATE OR INCOMPLETE DISCLOSURE , THE COURT HAS THE5
DISCRETION TO ENTER ORDERS TO CURE OR REMEDY A VIOLATION OF
ANY6
DEADLINES OR OTHER DISCOVERY REQUIREMENTS .7
(3) A
T THE EVIDENTIARY HEARING , THE DEFENDANT HAS THE8
BURDEN TO SHOW, BY A PREPONDERANCE OF THE EVIDENCE , THAT:9
(a) A
CRIME LABORATORY EMPLOYEE ENGAGED IN A WRONGFUL10
ACTION; AND11
(b) T
HE CRIME LABORATORY EMPLOYEE 'S CONDUCT DESCRIBED IN12
SUBSECTION (3)(a) OF THIS SECTION IS MATERIAL TO THE CASE.13
(4) (a) I
F THE DEFENDANT FAILS TO MEET THEIR BURDEN14
PURSUANT TO SUBSECTION (3) OF THIS SECTION, THE COURT SHALL DISMISS15
THE CLAIM.16
(b) I
F THE DEFENDANT MEETS THEIR BURDEN PURSUANT TO17
SUBSECTION (3) OF THIS SECTION, THE COURT SHALL VACATE THE18
CONVICTION AND GRANT A NEW TRIAL .19
(5) (a) FOR THE PURPOSES OF THIS SECTION, WRONGFUL ACTION IS20
MATERIAL TO THE CASE IF, WHEN CONSIDERED IN THE TOTALITY OF THE21
CASE:22
(I) THE EVIDENCE TESTED BY THE CRIME LABORATORY EMPLOYEE23
OR THE RESULTS OF TESTING OR TESTIMONY OF THE CRIME LABORATORY24
EMPLOYEE IS SIGNIFICANT AND IMPORTANT EVIDENCE IN THE CASE ;25
(II) (A) A FACT OR INFERENCE IN FAVOR OF GUILT THAT RESULTED26
FROM TESTING OR TESTIMONY ABOUT EVIDENCE TESTED BY THE CRIME27
1275
-26- LABORATORY EMPLOYEE WAS NOT ALSO ESTABLISHED BY INDEPENDENT,1
RELIABLE EVIDENCE; OR2
(B) A FACT OR INFERENCE IN FAVOR OF INNOCENCE BASED UPON3
ANY TESTING OR TESTIMONY ABOUT EVIDENCE TESTED BY THE CRIME4
LABORATORY EMPLOYEE WAS NOT KNOWN OR PRESENTED PRIOR TO THE5
CONVICTION AND COULD BE PRESENTED AT A NEW TRIAL ; AND6
(III) THERE IS A REASONABLE PROBABILITY THAT, BUT FOR THE7
WRONGFUL ACTION, THE RESULTS OF THE PROCEEDING WOULD HAVE BEEN8
DIFFERENT, WHICH IS SATISFIED WHEN THERE IS EVIDENCE SUFFICIENT TO9
UNDERMINE CONFIDENCE IN THE VERDICT OR GUILTY PLEA .10
(b) AS LONG AS THE REQUIREMENTS OF SUBSECTION (5)(a) OF THIS11
SECTION ARE SATISFIED, WRONGFUL ACTION MAY BE MATERIAL TO THE12
CASE IF THE WRONGFUL ACTION SIGNIFICANTLY IMPEACHES OR CASTS13
DOUBT UPON THE ACCURACY OF PHYSICAL EVIDENCE TESTING, THE14
PRESENTATION OF TEST RESULTS, TESTIMONY ABOUT THE TESTING OR15
PHYSICAL EVIDENCE BY A CRIME LABORATORY EMPLOYEE OR OTHER16
WITNESS. 17
(6) A
RULING GRANTING OR A DENYING A NEW TRIAL AFTER AN18
EVIDENTIARY HEARING IS A FINAL APPEALABLE ORDER .19
SECTION 2. In Colorado Revised Statutes, 24-4.1-302.5, add20
(1)(b.10) as follows:21
24-4.1-302.5. Rights afforded to victims - definitions. (1) In22
order to preserve and protect a victim's rights to justice and due process,23
each victim of a crime has the following rights:24
(b.10) T
HE RIGHT TO BE INFORMED , PURSUANT TO SECTION25
16-12-307,
OF WRONGFUL ACTION BY A CRIME LABORATORY EMPLOYEE IN26
A CASE INVOLVING A CRIME LISTED IN SECTION 24-4.1-302 (1).27
1275
-27- SECTION 3. In Colorado Revised Statutes, 24-72-303, amend1
(4)(g); and add (4)(a.5) as follows:2
24-72-303. Records of official actions required - open to3
inspection - applicability. (4) (a.5) (I) UPON COMPLETION OF A FINAL4
REPORT WHICH CONCLUDES A CRIME LABORATORY EMPLOYEE ENGAGED5
IN WRONGFUL ACTION, AS DESCRIBED IN SECTION 16-12-305 (5)(b), THE6
FINAL REPORT IS OPEN FOR PUBLIC INSPECTION, AND IF THE REQUESTER7
REQUESTS ACCESS TO REPORT, THE CUSTODIAN SHALL PROVIDE ACCESS TO8
THE FINAL REPORT SUBJECT TO THE PROVISIONS OF SUBSECTIONS (4)(b),9
(4)(c), AND (4)(d) OF THIS SECTION.10
(II) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION11
(4)(a.5)(I) OF THIS SECTION, THE CUSTODIAN OF A FINAL REPORT THAT12
CONCLUDES THAT A CRIME LABORATORY EMPLOYEE ENGAGED IN13
WRONGFUL ACTION MAY DENY INSPECTION OF THE REPORT IF THERE IS AN14
ONGOING CRIMINAL INVESTIGATION OR CRIMINAL CASE AGAINST A CRIME15
LABORATORY EMPLOYEE RELATED TO THE SUBJECT OF THE WRONGFUL16
ACTION. THE FINAL REPORT FILE MUST BE OPEN FOR PUBLIC INSPECTION17
UPON THE DISMISSAL OF ALL CHARGES OR UPON A SENTENCE FOR A18
CONVICTION.19
(g) Notwithstanding the provisions of subsections (4)(a), (4)(a.5),20
and (4)(e) of this section, the custodian of an internal investigation file as21
described in subsection (4)(a) of this section OR A FINAL REPORT AS22
DESCRIBED IN SUBSECTION (4)(a.5) OF THIS SECTION may deny inspection23
of the file if the inspection is prohibited by rules promulgated ADOPTED24
by the Colorado supreme court or by a court order.25
SECTION 4. Appropriation. (1) For the 2025-26 state fiscal26
year, $140,443 is appropriated to the judicial department for use by the27
1275
-28- state courts. This appropriation is from the general fund. To implement1
this act, the state courts may use this appropriation as follows:2
(a) $16,840 for use by state courts administration for capital3
outlay; and4
(b) $123,603 for use by the trial courts for trial court programs,5
which amount is based on an assumption that the trial courts will require6
an additional 1.1 FTE.7
SECTION 5. Applicability. This act applies to claims for relief8
filed on or after the effective date of this act that are based on knowing9
misconduct or a significant event, as defined in this act, that occurred10
before, on, or after the effective date of this act.11
SECTION 6. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
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