SENATE BILL 25-239
BY SENATOR(S) Bridges and Kirkmeyer, Amabile, Weissman;
also REPRESENTATIVE(S) Sirota and Taggart, Bird, Keltie, Smith.
C
ONCERNING NONATTORNEY ACCESS TO THE JUDICIAL DATABASE OF PUBLIC
CASE TYPES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-1-119.5, amend (1)
introductory portion, (1)(c), (1)(d), and (1)(e); and add (1.5) as follows:
13-1-119.5. Electronic access to name index and register of
actions. (1) Statewide electronic read-only access to the name index and
register of actions of public case types must be made available to the
following agencies or attorneys appointed by the court
AND THEIR
PROFESSIONAL STAFF
:
(c) Guardians ad litem or counsel for youth under contract with the
office of the child's representative, created in section 13-91-104, or
authorized by the office of the child's representative to act as a guardian ad
litem or counsel for youth,
AND OTHER PROFESSIONALS UNDER CONTRACT
WITH THE OFFICE OF THE CHILD
'S REPRESENTATIVE AND AUTHORIZED TO
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. WORK WITH AN APPOINTED ATTORNEY as it relates to a case in which they
are THE ATTORNEY IS appointed; by the court;
(d) Attorneys under contract with the office of the alternate defense
counsel, created in section 21-2-101, C.R.S., AND OTHER PROFESSIONALS
UNDER CONTRACT WITH THE OFFICE OF ALTERNATE DEFENSE COUNSEL AND
AUTHORIZED TO WORK WITH AN APPOINTED ATTORNEY
as it relates to a case
in which they are THE ATTORNEY IS appointed; by the court;
(e) A respondent parent's counsel under contract with the office of
the respondent parents' counsel, created in section 13-92-103, or authorized
by the office of the respondent parents' counsel to act as a respondent
parent's counsel,
AND OTHER PROFESSIONALS UNDER CONTRACT WITH THE
OFFICE OF THE RESPONDENT PARENTS
' COUNSEL AND AUTHORIZED TO WORK
WITH AN APPOINTED ATTORNEY
, as it relates to a case in which they are
THE
ATTORNEY IS
appointed; by the court;
(1.5) THE OFFICE OF THE CHILD'S REPRESENTATIVE, THE OFFICE OF
ALTERNATE DEFENSE COUNSEL
, AND THE OFFICE OF THE RESPONDENT
PARENTS
' COUNSEL SHALL MANAGE USER ACCESS GRANTED TO EACH
AGENCY PURSUANT TO SUBSECTION
(1) OF THIS SECTION.
SECTION 2. In Colorado Revised Statutes, 19-1-303, amend (1)(a)
and (1)(b) as follows:
19-1-303. General provisions - delinquency and dependency and
neglect cases - exchange of information - civil penalty - rules -
definitions. (1) (a) The judicial department or any agency that performs
duties and functions under this title
PURSUANT TO THIS TITLE 19 with respect
to juvenile delinquency or dependency and neglect cases or any other
provisions of this title
TITLE 19 may exchange information, to the extent
necessary, for the acquisition, provision, oversight, or referral of services
and support with the judicial department or any other agency or individual,
including an attorney
A PROFESSIONAL representing state or county agencies
and an attorney appointed by the court AN APPOINTED PROFESSIONAL, that
performs duties and functions under this title PURSUANT TO THIS TITLE 19
with respect to such cases. In order to receive such information, the judicial
department, attorney
PROFESSIONAL, or agency shall have a need to know
for purposes of investigations and case management in the provision of
services or the administration of their respective programs. The judicial
PAGE 2-SENATE BILL 25-239 department or the agencies shall exchange information in accordance with
paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION.
(b) The judicial department, an agency, an attorney representing an
agency, or an attorney appointed by the court AN APPOINTED PROFESSIONAL
described in paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS
SECTION
shall exchange information with the judicial department or similar
agencies or individuals who have a need to know to the extent necessary for
the acquisition, provision, oversight, and referral of services and support
and if provided in the course of an investigation or for case management
purposes. The provision of information by the judicial department shall
include electronic read-only access to the name index and register of actions
for agencies or attorneys appointed by the court
APPOINTED PROFESSIONALS
to those case types necessary to carry out their statutory purpose and the duties of their court
appointment as provided in this part 3. The state court
administrator of the judicial department and the executive directors of the
affected agencies shall ensure that there is a process for electronically
exchanging information pursuant to this section. Agencies, attorneys
PROFESSIONALS, and individuals shall maintain the confidentiality of the
information obtained.
SECTION 3. In Colorado Revised Statutes, 19-1-304, amend
(7)(c), (7)(d), and (7)(e) as follows:
19-1-304. Juvenile delinquency records - division of youth
services critical incident information - definitions. (7) In addition to the
persons who have access to court records pursuant to subsection (1)(a) of
this section, statewide electronic read-only access to the name index and
register of actions of the judicial department must be allowed to the
following agencies or persons:
(c) Guardians ad litem or counsel for youth
PROFESSIONALS under
contract with the office of the child's representative, created in section
13-91-104, or authorized by the office of the child's representative to act as
a guardian ad litem, or an attorney
A PROFESSIONAL under contract or
employed by the office of the child's representative, as it relates to a case in
which they are
THE ATTORNEY IS appointed; by the court;
(d) Attorneys PROFESSIONALS under contract with the office of the
alternate defense counsel, created in section 21-2-101, as it relates to a case
PAGE 3-SENATE BILL 25-239 in which they are THE ATTORNEY IS appointed; by the court;
(e) A respondent parent's counsel PROFESSIONAL under contract with
the office of the respondent parents' counsel, created in section 13-92-103,
or authorized by the office of the respondent parents' counsel to act as a
respondent parent's counsel, as it relates to a case in which they are
THE
ATTORNEY IS
appointed; by the court;
and
SECTION 4. In Colorado Revised Statutes, 19-1-307, amend (2.3)
introductory portion, (2.3)(c), and (2.3)(d) as follows:
19-1-307. Dependency and neglect records and information -
access - fee - records and reports fund - misuse of information - penalty
- adult protective services data system check - rules. (2.3) The following
agencies or
APPOINTED attorneys appointed by the court
must be granted
statewide read-only access to the name index and register of actions for the
judiciary department:
(c) Guardians ad litem or counsel for youth
PROFESSIONALS under
contract with the office of the child's representative, created in section
13-91-104, or authorized by the office of the child's representative to act as
a guardian ad litem or counsel for youth, as it relates to a case in which they
are THE ATTORNEY IS appointed; by the court; and
(d) A respondent parent's counsel PROFESSIONAL under contract with
the office of the respondent parents' counsel, created in section 13-92-103,
or authorized by the office of the respondent parents' counsel to act as a
respondent parent's counsel, as it relates to a case in which they are
THE
ATTORNEY IS
appointed. by the court.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; 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 such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-SENATE BILL 25-239 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 25-239