Colorado 2025 Regular Session

Colorado Senate Bill SB239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 25-0854.01 Michael Dohr x4347
1	8		SENATE BILL 25-239
2		-	BY SENATOR(S) Bridges and Kirkmeyer, Amabile, Weissman;
3		-	also REPRESENTATIVE(S) Sirota and Taggart, Bird, Keltie, Smith.
	9	+	Senate Committees House Committees
	10	+	Appropriations Appropriations
	11	+	A BILL FOR AN ACT
4	12		C
5		-	ONCERNING NONATTORNEY ACCESS TO THE JUDICIAL DATABASE OF PUBLIC
6		-	CASE TYPES
7		-	.
8		-
9		-	Be it enacted by the General Assembly of the State of Colorado:
10		-	SECTION 1. In Colorado Revised Statutes, 13-1-119.5, amend (1)
11		-	introductory portion, (1)(c), (1)(d), and (1)(e); and add (1.5) as follows:
12		-	13-1-119.5. Electronic access to name index and register of
13		-	actions. (1) Statewide electronic read-only access to the name index and
14		-	register of actions of public case types must be made available to the
	13	+	ONCERNING NONATTORNEY ACCESS TO THE JUDICIAL DATABASE OF101
	14	+	PUBLIC CASE TYPES.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	+	Joint Budget Committee. Current law allows attorneys under
	23	+	contract with the office of the child's representative, the office of alternate
	24	+	defense counsel, and the office of the respondent parents' counsel to
	25	+	access the name index and register of actions of public case types. The
	26	+	bill allows other professionals under contract with these offices to access
	27	+	the information.
	28	+	HOUSE
	29	+	2nd Reading Unamended
	30	+	April 9, 2025
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	April 3, 2025
	34	+	SENATE
	35	+	2nd Reading Unamended
	36	+	April 2, 2025
	37	+	SENATE SPONSORSHIP
	38	+	Bridges and Kirkmeyer, Amabile, Weissman
	39	+	HOUSE SPONSORSHIP
	40	+	Sirota and Taggart, Bird
	41	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	42	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	43	+	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
	44	+	SECTION 1. In Colorado Revised Statutes, 13-1-119.5, amend2
	45	+	(1) introductory portion, (1)(c), (1)(d), and (1)(e); and add (1.5) as3
	46	+	follows:4
	47	+	13-1-119.5. Electronic access to name index and register of5
	48	+	actions. (1) Statewide electronic read-only access to the name index and6
	49	+	register of actions of public case types must be made available to the7
15	50		following agencies or attorneys appointed by the court
16		-	AND THEIR
17		-	PROFESSIONAL STAFF
18		-	:
19		-	(c) Guardians ad litem or counsel for youth under contract with the
20		-	office of the child's representative, created in section 13-91-104, or
21		-	authorized by the office of the child's representative to act as a guardian ad
22		-	litem or counsel for youth,
23		-	AND OTHER PROFESSIONALS UNDER CONTRACT
24		-	WITH THE OFFICE OF THE CHILD
25		-	'S REPRESENTATIVE AND AUTHORIZED TO
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. WORK WITH AN APPOINTED ATTORNEY as it relates to a case in which they
34		-	are THE ATTORNEY IS appointed; by the court;
35		-	(d) Attorneys under contract with the office of the alternate defense
36		-	counsel, created in section 21-2-101, C.R.S., AND OTHER PROFESSIONALS
37		-	UNDER CONTRACT WITH THE OFFICE OF ALTERNATE DEFENSE COUNSEL AND
38		-	AUTHORIZED TO WORK WITH AN APPOINTED ATTORNEY
39		-	as it relates to a case
40		-	in which they are THE ATTORNEY IS appointed; by the court;
41		-	(e) A respondent parent's counsel under contract with the office of
42		-	the respondent parents' counsel, created in section 13-92-103, or authorized
43		-	by the office of the respondent parents' counsel to act as a respondent
44		-	parent's counsel,
45		-	AND OTHER PROFESSIONALS UNDER CONTRACT WITH THE
46		-	OFFICE OF THE RESPONDENT PARENTS
47		-	' COUNSEL AND AUTHORIZED TO WORK
48		-	WITH AN APPOINTED ATTORNEY
49		-	, as it relates to a case in which they are
50		-	THE
51		-	ATTORNEY IS
52		-	appointed; by the court;
53		-	(1.5) THE OFFICE OF THE CHILD'S REPRESENTATIVE, THE OFFICE OF
54		-	ALTERNATE DEFENSE COUNSEL
55		-	, AND THE OFFICE OF THE RESPONDENT
56		-	PARENTS
57		-	' COUNSEL SHALL MANAGE USER ACCESS GRANTED TO EACH
58		-	AGENCY PURSUANT TO SUBSECTION
59		-	(1) OF THIS SECTION.
60		-	SECTION 2. In Colorado Revised Statutes, 19-1-303, amend (1)(a)
61		-	and (1)(b) as follows:
62		-	19-1-303. General provisions - delinquency and dependency and
63		-	neglect cases - exchange of information - civil penalty - rules -
64		-	definitions. (1) (a) The judicial department or any agency that performs
	51	+	AND THEIR8
	52	+	PROFESSIONAL STAFF:9
	53	+	(c) Guardians ad litem or counsel for youth under contract with10
	54	+	the office of the child's representative, created in section 13-91-104, or11
	55	+	authorized by the office of the child's representative to act as a guardian12
	56	+	ad litem or counsel for youth,
	57	+	AND OTHER PROFESSIONALS UNDER13
	58	+	CONTRACT WITH THE OFFICE OF THE CHILD 'S REPRESENTATIVE AND14
	59	+	AUTHORIZED TO WORK WITH AN APPOINTED ATTORNEY as it relates to a15
	60	+	case in which they are
	61	+	THE ATTORNEY IS appointed; by the court;16
	62	+	(d) Attorneys under contract with the office of the alternate17
	63	+	defense counsel, created in section 21-2-101, C.R.S., AND OTHER18
	64	+	PROFESSIONALS UNDER CONTRACT WITH THE OFFICE OF ALTERNATE19
	65	+	DEFENSE COUNSEL AND AUTHORIZED TO WORK WITH AN APPOINTED20
	66	+	ATTORNEY as it relates to a case in which they are THE ATTORNEY IS21
	67	+	appointed; by the court;22
	68	+	(e) A respondent parent's counsel under contract with the office23
	69	+	of the respondent parents' counsel, created in section 13-92-103, or24
	70	+	authorized by the office of the respondent parents' counsel to act as a25
	71	+	respondent parent's counsel,
	72	+	AND OTHER PROFESSIONALS UNDER26
	73	+	239-2- CONTRACT WITH THE OFFICE OF THE RESPONDENT PARENTS ' COUNSEL AND1
	74	+	AUTHORIZED TO WORK WITH AN APPOINTED ATTORNEY , as it relates to a2
	75	+	case in which they are THE ATTORNEY IS appointed; by the court;3
	76	+	(1.5) T
	77	+	HE OFFICE OF THE CHILD'S REPRESENTATIVE, THE OFFICE OF4
	78	+	ALTERNATE DEFENSE COUNSEL , AND THE OFFICE OF THE RESPONDENT5
	79	+	PARENTS' COUNSEL SHALL MANAGE USER ACCESS GRANTED TO EACH6
	80	+	AGENCY PURSUANT TO SUBSECTION (1) OF THIS SECTION.7
	81	+	SECTION 2. In Colorado Revised Statutes, 19-1-303, amend8
	82	+	(1)(a) and (1)(b) as follows:9
	83	+	19-1-303. General provisions - delinquency and dependency10
	84	+	and neglect cases - exchange of information - civil penalty - rules -11
	85	+	definitions. (1) (a) The judicial department or any agency that performs12
65	86		duties and functions under this title
66		-	PURSUANT TO THIS TITLE 19 with respect
67		-	to juvenile delinquency or dependency and neglect cases or any other
68		-	provisions of this title
69		-	TITLE 19 may exchange information, to the extent
70		-	necessary, for the acquisition, provision, oversight, or referral of services
71		-	and support with the judicial department or any other agency or individual,
72		-	including an attorney
73		-	A PROFESSIONAL representing state or county agencies
74		-	and an attorney appointed by the court AN APPOINTED PROFESSIONAL, that
75		-	performs duties and functions under this title PURSUANT TO THIS TITLE 19
76		-	with respect to such cases. In order to receive such information, the judicial
77		-	department, attorney
78		-	PROFESSIONAL, or agency shall have a need to know
79		-	for purposes of investigations and case management in the provision of
80		-	services or the administration of their respective programs. The judicial
81		-	PAGE 2-SENATE BILL 25-239 department or the agencies shall exchange information in accordance with
82		-	paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION.
83		-	(b) The judicial department, an agency, an attorney representing an
84		-	agency, or an attorney appointed by the court AN APPOINTED PROFESSIONAL
85		-	described in paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS
86		-	SECTION
87		-	shall exchange information with the judicial department or similar
88		-	agencies or individuals who have a need to know to the extent necessary for
89		-	the acquisition, provision, oversight, and referral of services and support
90		-	and if provided in the course of an investigation or for case management
91		-	purposes. The provision of information by the judicial department shall
92		-	include electronic read-only access to the name index and register of actions
93		-	for agencies or attorneys appointed by the court
94		-	APPOINTED PROFESSIONALS
95		-	to those case types necessary to carry out their statutory purpose and the duties of their court
96		-	appointment as provided in this part 3. The state court
97		-	administrator of the judicial department and the executive directors of the
98		-	affected agencies shall ensure that there is a process for electronically
99		-	exchanging information pursuant to this section. Agencies, attorneys
100		-	PROFESSIONALS, and individuals shall maintain the confidentiality of the
101		-	information obtained.
102		-	SECTION 3. In Colorado Revised Statutes, 19-1-304, amend
103		-	(7)(c), (7)(d), and (7)(e) as follows:
104		-	19-1-304. Juvenile delinquency records - division of youth
105		-	services critical incident information - definitions. (7) In addition to the
106		-	persons who have access to court records pursuant to subsection (1)(a) of
107		-	this section, statewide electronic read-only access to the name index and
108		-	register of actions of the judicial department must be allowed to the
109		-	following agencies or persons:
110		-	(c) Guardians ad litem or counsel for youth
111		-	PROFESSIONALS under
112		-	contract with the office of the child's representative, created in section
113		-	13-91-104, or authorized by the office of the child's representative to act as
114		-	a guardian ad litem, or an attorney
115		-	A PROFESSIONAL under contract or
116		-	employed by the office of the child's representative, as it relates to a case in
117		-	which they are
118		-	THE ATTORNEY IS appointed; by the court;
119		-	(d) Attorneys PROFESSIONALS under contract with the office of the
120		-	alternate defense counsel, created in section 21-2-101, as it relates to a case
121		-	PAGE 3-SENATE BILL 25-239 in which they are THE ATTORNEY IS appointed; by the court;
122		-	(e) A respondent parent's counsel PROFESSIONAL under contract with
123		-	the office of the respondent parents' counsel, created in section 13-92-103,
124		-	or authorized by the office of the respondent parents' counsel to act as a
125		-	respondent parent's counsel, as it relates to a case in which they are
126		-	THE
127		-	ATTORNEY IS
128		-	appointed; by the court;
129		-	and
130		-	SECTION 4. In Colorado Revised Statutes, 19-1-307, amend (2.3)
131		-	introductory portion, (2.3)(c), and (2.3)(d) as follows:
132		-	19-1-307. Dependency and neglect records and information -
133		-	access - fee - records and reports fund - misuse of information - penalty
134		-	- adult protective services data system check - rules. (2.3) The following
135		-	agencies or
136		-	APPOINTED attorneys appointed by the court
137		-	must be granted
138		-	statewide read-only access to the name index and register of actions for the
139		-	judiciary department:
140		-	(c) Guardians ad litem or counsel for youth
141		-	PROFESSIONALS under
142		-	contract with the office of the child's representative, created in section
143		-	13-91-104, or authorized by the office of the child's representative to act as
144		-	a guardian ad litem or counsel for youth, as it relates to a case in which they
145		-	are THE ATTORNEY IS appointed; by the court; and
146		-	(d) A respondent parent's counsel PROFESSIONAL under contract with
147		-	the office of the respondent parents' counsel, created in section 13-92-103,
148		-	or authorized by the office of the respondent parents' counsel to act as a
149		-	respondent parent's counsel, as it relates to a case in which they are
150		-	THE
151		-	ATTORNEY IS
152		-	appointed. by the court.
153		-	SECTION 5. Act subject to petition - effective date. This act
154		-	takes effect at 12:01 a.m. on the day following the expiration of the
155		-	ninety-day period after final adjournment of the general assembly; except
156		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
157		-	of the state constitution against this act or an item, section, or part of this act
158		-	within such period, then the act, item, section, or part will not take effect
159		-	unless approved by the people at the general election to be held in
160		-	PAGE 4-SENATE BILL 25-239 November 2026 and, in such case, will take effect on the date of the official
161		-	declaration of the vote thereon by the governor.
162		-	____________________________ ____________________________
163		-	James Rashad Coleman, Sr. Julie McCluskie
164		-	PRESIDENT OF SPEAKER OF THE HOUSE
165		-	THE SENATE OF REPRESENTATIVES
166		-	____________________________ ____________________________
167		-	Esther van Mourik Vanessa Reilly
168		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
169		-	THE SENATE OF REPRESENTATIVES
170		-	APPROVED________________________________________
171		-	(Date and Time)
172		-	_________________________________________
173		-	Jared S. Polis
174		-	GOVERNOR OF THE STATE OF COLORADO
175		-	PAGE 5-SENATE BILL 25-239
	87	+	PURSUANT TO THIS TITLE 19 with13
	88	+	respect to juvenile delinquency or dependency and neglect cases or any14
	89	+	other provisions of this title TITLE 19 may exchange information, to the15
	90	+	extent necessary, for the acquisition, provision, oversight, or referral of16
	91	+	services and support with the judicial department or any other agency or17
	92	+	individual, including an attorney A PROFESSIONAL representing state or18
	93	+	county agencies and an attorney appointed by the court AN APPOINTED19
	94	+	PROFESSIONAL, that performs duties and functions under this title20
	95	+	PURSUANT TO THIS TITLE 19 with respect to such cases. In order to receive21
	96	+	such information, the judicial department, attorney PROFESSIONAL, or22
	97	+	agency shall have a need to know for purposes of investigations and case23
	98	+	management in the provision of services or the administration of their24
	99	+	respective programs. The judicial department or the agencies shall25
	100	+	exchange information in accordance with paragraph (b) of this subsection26
	101	+	(1) SUBSECTION (1)(b) OF THIS SECTION.27
	102	+	239
	103	+	-3- (b) The judicial department, an agency, an attorney representing1
	104	+	an agency, or an attorney appointed by the court AN APPOINTED2
	105	+	PROFESSIONAL described in paragraph (a) of this subsection (1)3
	106	+	SUBSECTION (1)(a) OF THIS SECTION shall exchange information with the4
	107	+	judicial department or similar agencies or individuals who have a need to5
	108	+	know to the extent necessary for the acquisition, provision, oversight, and6
	109	+	referral of services and support and if provided in the course of an7
	110	+	investigation or for case management purposes. The provision of8
	111	+	information by the judicial department shall include electronic read-only9
	112	+	access to the name index and register of actions for agencies or attorneys10
	113	+	appointed by the court APPOINTED PROFESSIONALS to those case types11
	114	+	necessary to carry out their statutory purpose and the duties of their court12
	115	+	appointment as provided in this part 3. The state court administrator of13
	116	+	the judicial department and the executive directors of the affected14
	117	+	agencies shall ensure that there is a process for electronically exchanging15
	118	+	information pursuant to this section. Agencies, attorneys PROFESSIONALS,16
	119	+	and individuals shall maintain the confidentiality of the information17
	120	+	obtained.18
	121	+	SECTION 3. In Colorado Revised Statutes, 19-1-304, amend19
	122	+	(7)(c), (7)(d), and (7)(e) as follows:20
	123	+	19-1-304. Juvenile delinquency records - division of youth21
	124	+	services critical incident information - definitions. (7) In addition to22
	125	+	the persons who have access to court records pursuant to subsection (1)(a)23
	126	+	of this section, statewide electronic read-only access to the name index24
	127	+	and register of actions of the judicial department must be allowed to the25
	128	+	following agencies or persons:26
	129	+	(c) Guardians ad litem or counsel for youth PROFESSIONALS under27
	130	+	239
	131	+	-4- contract with the office of the child's representative, created in section1
	132	+	13-91-104, or authorized by the office of the child's representative to act2
	133	+	as a guardian ad litem, or an attorney A PROFESSIONAL under contract or3
	134	+	employed by the office of the child's representative, as it relates to a case4
	135	+	in which they are THE ATTORNEY IS appointed; by the court;5
	136	+	(d) Attorneys PROFESSIONALS under contract with the office of the6
	137	+	alternate defense counsel, created in section 21-2-101, as it relates to a7
	138	+	case in which they are THE ATTORNEY IS appointed; by the court;8
	139	+	(e) A respondent parent's counsel PROFESSIONAL under contract9
	140	+	with the office of the respondent parents' counsel, created in section10
	141	+	13-92-103, or authorized by the office of the respondent parents' counsel11
	142	+	to act as a respondent parent's counsel, as it relates to a case in which they12
	143	+	are THE ATTORNEY IS appointed; by the court; and13
	144	+	SECTION 4. In Colorado Revised Statutes, 19-1-307, amend14
	145	+	(2.3) introductory portion, (2.3)(c), and (2.3)(d) as follows:15
	146	+	19-1-307. Dependency and neglect records and information -16
	147	+	access - fee - records and reports fund - misuse of information -17
	148	+	penalty - adult protective services data system check - rules.18
	149	+	(2.3) The following agencies or
	150	+	APPOINTED attorneys appointed by the
	151	+	19
	152	+	court must be granted statewide read-only access to the name index and20
	153	+	register of actions for the judiciary department:21
	154	+	(c) Guardians ad litem or counsel for youth PROFESSIONALS under22
	155	+	contract with the office of the child's representative, created in section23
	156	+	13-91-104, or authorized by the office of the child's representative to act24
	157	+	as a guardian ad litem or counsel for youth, as it relates to a case in which25
	158	+	they are THE ATTORNEY IS appointed; by the court; and26
	159	+	(d) A respondent parent's counsel PROFESSIONAL under contract27
	160	+	239
	161	+	-5- with the office of the respondent parents' counsel, created in section1
	162	+	13-92-103, or authorized by the office of the respondent parents' counsel2
	163	+	to act as a respondent parent's counsel, as it relates to a case in which they3
	164	+	are THE ATTORNEY IS appointed. by the court.4
	165	+	SECTION 5. Act subject to petition - effective date. This act5
	166	+	takes effect at 12:01 a.m. on the day following the expiration of the6
	167	+	ninety-day period after final adjournment of the general assembly; except7
	168	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V8
	169	+	of the state constitution against this act or an item, section, or part of this9
	170	+	act within such period, then the act, item, section, or part will not take10
	171	+	effect unless approved by the people at the general election to be held in11
	172	+	November 2026 and, in such case, will take effect on the date of the12
	173	+	official declaration of the vote thereon by the governor.13
	174	+	239
	175	+	-6-