SENATE BILL 25-240
BY SENATOR(S) Bridges and Kirkmeyer, Amabile, Roberts, Weissman;
also REPRESENTATIVE(S) Bird and Taggart, Sirota, Carter, Espenoza.
C
ONCERNING THE CREATION OF THE ELECTRONIC DISCOVERY IN CRIMINAL
CASES TASK FORCE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 16-18-106 as
follows:
16-18-106. Electronic discovery in criminal cases task force -
creation - purpose - membership - report - repeal. (1) T
HERE IS
CREATED THE ELECTRONIC DISCOVERY IN CRIMINAL CASES TASK FORCE
,
REFERRED TO IN THIS SECTION AS THE "TASK FORCE".
(2) T
HE PURPOSE OF THE TASK FORCE IS TO STUDY THE COSTS AND
MANAGEMENT OF ELECTRONIC DISCOVERY IN CRIMINAL CASES
.
(3) T
HE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS :
(a) T
HE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT
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. ATTORNEYS' COUNCIL, OR THE DIRECTOR'S DESIGNEE, WHO IS THE CHAIR OF
THE TASK FORCE
;
(b) A
N ATTORNEY EMPLOYED BY THE OFFICE OF STATE PUBLIC
DEFENDER
, WHO IS THE VICE-CHAIR OF THE TASK FORCE AND IS APPOINTED
BY THE STATE PUBLIC DEFENDER
;
(c) A
N ATTORNEY EMPLOYED BY , OR UNDER CONTRACT WITH, THE
OFFICE OF ALTERNATE DEFENSE COUNSEL
, APPOINTED BY THE OFFICE OF
ALTERNATE DEFENSE COUNSEL
;
(d) A
N ATTORNEY WITHIN THE ANTITRUST UNIT OF THE ATTORNEY
GENERAL
'S OFFICE, APPOINTED BY THE ATTORNEY GENERAL ;
(e) O
NE INFORMATION TECHNOLOGY PROFESSIONAL EMPLOYED BY
THE
COLORADO DISTRICT ATTORNEYS ' COUNCIL, AND ONE DISTRICT
ATTORNEY WHO HAS KNOWLEDGE OF ELECTRONIC DISCOVERY
, APPOINTED
BY THE EXECUTIVE DIRECTOR OF THE
COLORADO DISTRICT ATTORNEYS '
COUNCIL;
(f) A
N INFORMATION TECHNOLOGY PROFESSI ONAL EMPLOYED BY THE
OFFICE OF STATE PUBLIC DEFENDER
, APPOINTED BY THE STATE PUBLIC
DEFENDER
;
(g) O
NE EMPLOYEE OF A SHERIFF'S OFFICE WHO HAS KNOWLEDGE OF
ELECTRONIC DISCOVERY
, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
COUNTY SHERIFFS OF
COLORADO;
(h) A
N EMPLOYEE OF A POLICE DEPARTMENT WHO HAS KNOWLEDGE
OF ELECTRONIC DISCOVERY
, APPOINTED BY THE COLORADO ASSOCIATION OF
THE CHIEFS OF POLICE
;
(i) A
N EMPLOYEE OF THE COLORADO STATE PATROL WHO HAS
KNOWLEDGE OF ELECTRONIC DISCOVERY
, APPOINTED BY THE CHIEF OF THE
COLORADO STATE PATROL; AND
(j) A COUNTY COMMISSIONER WHO HAS KNOWLEDGE OF LOCAL
ELECTRONIC DISCOVERY COSTS AND LOCAL CONTRACTS RELATED TO
ELECTRONIC DISCOVERY
, APPOINTED BY COLORADO COUNTIES ,
INCORPORATED.
PAGE 2-SENATE BILL 25-240 (4) (a) THE APPOINTING AUTHORITIES SHALL APPOINT MEMBERS TO
THE TASK FORCE WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION AND PROMPTLY NOTIFY THE EXECUTIVE DIRECTOR OF THE
COLORADO DISTRICT ATTORNEYS ' COUNCIL OF THE APPOINTMENT.
(b) T
HE MEMBERS APPOINTED TO THE TASK FORCE SERVE FOR THE
DURATION OF THE TASK FORCE
.
(c) A
NY VACANCY OCCURRING IN THE MEMBERSHIP OF THE TASK
FORCE MUST BE FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT
.
(d) T
HE MEMBERS OF THE TASK FORCE SERVE ON THE TASK FORCE
WITHOUT COMPENSATION
.
(5) T
HE TASK FORCE SHALL:
(a) H
OLD ITS FIRST MEETING ON OR BEFORE JULY 1, 2025, AT A TIME
AND PLACE DETERMINED BY THE CHAIR OF THE TASK FORCE
;
(b) M
EET AT LEAST ONCE EVERY MONTH OR MORE OFTEN AS
DIRECTED BY THE CHAIR OF THE TASK FORCE
;
(c) C
OMMUNICATE WITH AND OBTAIN INPUT FROM LAW
ENFORCEMENT AGENCIES
, PROSECUTORS, AND DEFENSE ATTORNEYS
THROUGHOUT THE STATE AFFECTED BY THE ISSUES IDENTIFIED IN
SUBSECTION
(6) OF THIS SECTION; AND
(d) CREATE SUBCOMMITTEES, AS NEEDED, TO CARRY OUT THE DUTIES
OF THE TASK FORCE
. THE SUBCOMMITTEES MAY CONSIST , IN PART, OF
PERSONS WHO ARE NOT MEMBERS OF THE TASK FORCE AND WHO MAY VOTE
ON ISSUES BEFORE THE SUBCOMMITTEE BUT WHO ARE NOT ENTITLED TO A
VOTE AT TASK FORCE MEETINGS
.
(6) T
HE TASK FORCE SHALL EXAMINE AND GATHER INFORMATION
REGARDING THE FOLLOWING
:
(a) T
HE CURRENT CONTRACTS IN PLACE BETWEEN A LAW
ENFORCEMENT AGENCY
, A DISTRICT ATTORNEY'S OFFICE, THE OFFICE OF THE
ATTORNEY GENERAL
, THE OFFICE OF STATE PUBLIC DEFENDER, THE OFFICE
PAGE 3-SENATE BILL 25-240 OF ALTERNATE DEFENSE COUNSEL , OR, IF AVAILABLE, PRIVATE CRIMINAL
DEFENSE ATTORNEYS AND A VENDOR FOR ELECTRONIC DISCOVERY SERVICES
AND INFORMATION TECHNOLOGY SERVICES
, AND INCLUDE THE FOLLOWING
INFORMATION REGARDING EACH CONTRACT
:
(I) T
HE LENGTH AND EXPIRATION DATE OF THE CONTRACT ;
(II) T
HE COST OF THE CONTRACT;
(III) T
HE TERMS, CONTRACTED SERVICES, LICENSING REQUIREMENTS,
AND ANY OTHER KEY COMPONENT OF THE CONTRACT ; AND
(IV) THE EXPECTED FUTURE COSTS OF THE CONTRACT , IF KNOWN;
(b) T
HE AMOUNT AND TYPE OF INFORMATION PLACED INTO
ELECTRONIC DISCOVERY
, INCLUDING:
(I) T
HE NUMBER, SIZE, AND TYPE OF FILES PLACED INTO THE
STATEWIDE ELECTRONIC DISCOVERY PORTAL THAT CAN BE FULLY
DOWNLOADED
, ACCESSED, OR UTILIZED THROUGH THE ELECTRONIC
DISCOVERY PORTAL
;
(II) T
HE NUMBER, SIZE, AND TYPE OF FILES THAT REQUIRE
PROSECUTION AND DEFENSE TO USE AN OUTSIDE VENDOR OR WEBSITE TO
FULLY DOWNLOAD
, ACCESS, OR UTILIZE THE ELECTRONIC DISCOVERY
DOCUMENTS
; AND
(III) THE NUMBER, SIZE, AND TYPE OF FILES THAT ARE PLACED ON
PHYSICAL INFORMATION TECHNOLOGY DEVICES SUCH AS FLASH DRIVES
,
EXTERNAL HARD DRIVES, OR PHYSICAL COPIES IN ORDER FOR PROSECUTION
AND DEFENSE TO ACCESS AND UTILIZE THE ELECTRONIC DISCOVERY
DOCUMENTS
;
(c) T
HE EXTENT TO WHICH PROSECUTORS , PUBLIC DEFENDERS,
ALTERNATE DEFENSE COUNSEL ATTORNEYS , PRIVATE DEFENSE ATTORNEYS,
AND PRO SE DEFENDANTS HAVE EQUITABLE ACCESS AND THE ABILITY TO
REVIEW AND UTILIZE ELECTRONIC DISCOVERY DOCUMENTS COMPARED TO
OTHER PROSECUTORS
, PUBLIC DEFENDERS, ALTERNATE DEFENSE COUNSEL
ATTORNEYS
, PRIVATE DEFENSE ATTORNEYS , AND PRO SE DEFENDANTS ,
INCLUDING:
PAGE 4-SENATE BILL 25-240 (I) THE TIME IT TAKES TO DOWNLOAD INFORMATION TO VIEW ;
(II) T
HE ABILITY TO SEARCH DISCOVERY DOCUMENTS
ELECTRONICALLY
;
(III) T
HE ABILITY TO SEE AUTOMATED TRANSCRIPTIONS , USE
ARTIFICIAL INTELLIGENCE TO GENERATE TRANSCRIPTIONS
, OR USE ANY
OTHER TOOLS TO EXPEDITE REVIEW OF DISCOVERY DOCUMENTS
; AND
(IV) THE ABILITY TO IDENTIFY WHICH OFFICER THE BODY CAMERA
FOOTAGE IS FROM OR THE ABILITY TO IDENTIFY WHERE ANOTHER SOURCE OF
VIDEO FOOTAGE WAS TAKEN FROM
;
(d) H
OW THE AMOUNT AND TYPE OF INFORMATION PLACED INTO
ELECTRONIC DISCOVERY HAS CHANGED SINCE THE CREATION OF THE
STATEWIDE ELECTRONIC DISCOVERY PORTAL AND
, TO THE EXTENT KNOWN,
HOW ELECTRONIC DISCOVERY IS PROJECTED TO CHANGE OVER THE NEXT TEN
YEARS
;
(e) T
HE FEASIBILITY OF CREATING A SYSTEM THAT WOULD MAKE THE
ELECTRONIC DISCOVERY PROCESS MORE EFFICIENT AND EQUITABLE
, AVOID
OR MINIMIZE THE NEED FOR OUTSIDE VENDORS
, AND BETTER CONTROL
COSTS
;
(f) T
HE POSSIBLE COORDINATION OF LAW ENFORCEMENT AGENCIES ,
PROSECUTING AGENCIES, THE OFFICE OF STATE PUBLIC DEFENDER , THE
OFFICE OF ALTERNATE DEFENSE COUNSEL
, AND PRIVATE DEFENSE ATTORNEY
CONTRACTS TO MAKE THE ELECTRONIC DISCOVERY PROCESS MORE EFFICIENT
AND EQUITABLE
, AVOID OR MINIMIZE THE NEED FOR OUTSIDE VENDORS , AND
BETTER CONTROL COSTS
;
(g) T
HE EXPECTED COSTS TO THE STATE , COUNTY, AND LOCAL
GOVERNMENT IF CHANGES ARE NOT MADE TO THE ELECTRONIC DISCOVERY
PROCESS OVER THE NEXT TEN YEARS
; AND
(h) RECOMMENDATIONS, INCLUDING POSSIBLE LEGISLATION, THAT
WOULD ASSIST IN
:
(I) C
ONTROLLING THE COST OF ELECTRONIC DISCOVERY , INCLUDING
WHAT CONTRACT OR STATUTORY CHANGES ARE NEEDED TO ALLOW FOR
PAGE 5-SENATE BILL 25-240 COORDINATED CONTRACT NEGOTIATION AND PAYMENT TO VE NDORS BY THE
STATE AND LOCAL GOVERNMENTS
;
(II) E
NSURING THE FLOW OF ELECTRONIC DISCOVERY FROM ONE
ENTITY TO ANOTHER
;
(III) W
ORK EFFICIENCY, INCLUDING SAVING TIME FOR EMPLOYEES
WHO CREATE OR USE ELECTRONIC DISCOVERY
;
(IV) P
ROVIDING EQUITABLE ACCESS TO AND USE OF ELECTRONIC
DISCOVERY WHILE PROTECTING THE WORK PRODUCT AND MENTAL
PROCESSES OF PROSECUTION AND DEFENSE
; AND
(V) CONSIDERING PROCEDURAL CHANGES TO EXISTING STATUTES ;
C
OLORADO RULES OF CRIMINAL PROCEDURE ; OR PRACTICES RELATED TO THE
DISCOVERY OBLIGATIONS OF PROSECUTION
, DEFENSE, AND LAW
ENFORCEMENT AGENCIES TO IMPROVE DISCOVERY COMPLIANCE AND
PROCESSES
.
(7) (a) L
AW ENFORCEMENT AGENCIES , DISTRICT ATTORNEYS'
OFFICES, THE OFFICE OF THE ATTORNEY GENERAL , THE OFFICE OF STATE
PUBLIC DEFENDER
, AND THE OFFICE OF ALTERNATE DEFENSE COUNSEL SHALL
SHARE INFORMATION REQUESTED BY THE TASK FORCE REGARDING
CONTRACTS
, VENDORS, THE ELECTRONIC DISCOVERY PROCESS , AND COSTS
BUT SHALL NOT SHARE INFORMATION THAT WOULD VIOLATE STATE OR
FEDERAL LAWS
, REGULATIONS, OR RULES OR THAT WOULD VIOLATE THE
RIGHTS OF A PERSON INVOLVED IN A CRIMINAL CASE
.
(b) T
HE ENTITIES SPECIFIED IN SUBSECTION (7)(a) OF THIS SECTION
SHALL RESPOND TO REQUESTS FROM THE TASK FORCE FOR INFORMATION
PURSUANT TO SUBSECTION
(7)(a) OF THIS SECTION IN GOOD FAITH AND
PROVIDE INFORMATION WITHIN A REASONABLE TIME
.
(8) O
N OR BEFORE NOVEMBER 1, 2025, THE TASK FORCE SHALL
SUBMIT A REPORT TO THE JO INT BUDGET COMMITTEE AND THE JOINT
TECHNOLOGY COMMITTEE THAT
, AT A MINIMUM , DESCRIBES THE
FOLLOWING
:
(a) T
HE WORK AND STUDY OF THE TASK FORCE ;
PAGE 6-SENATE BILL 25-240 (b) THE FINDINGS AND RECOMMENDATIONS REGARDING THE ISSUES
AND TOPICS CONSIDERED BY THE TASK FORCE AS DESCRIBED IN SUBSECTION
(6) OF THIS SECTION; AND
(c) LEGISLATIVE PROPOSALS AND EXPECTED RELATED COSTS BASED
ON THE TASK FORCE
'S FINDINGS AND RECOMMENDATIONS .
(9) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2027.
SECTION 2. 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 7-SENATE BILL 25-240 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 8-SENATE BILL 25-240