House Bill 25-1275 Introduced

A Bill for an Act

• Page 1, Line 101Concerning misconduct by crime laboratory employees, and,

• Page 1, Line 102in connection therewith, requiring a crime laboratory

• Page 1, Line 103employee to report misconduct, requiring notifying

• Page 1, Line 104criminal defendants and victims of misconduct, and

• Page 1, Line 105creating a process for a person to seek post-conviction

• Page 1, Line 106relief based on a claim of misconduct by a crime

• Page 1, Line 107laboratory employee.

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.)

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.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, add part 3 to article 12 of title 16 as follows:

• Page 3, Line 3PART 3

• COLORADO FORENSIC SCIENCE INTEGRITY ACT

• Page 3, Line 416-12-301.  Short title.The short title of this part 3 is the "Colorado Forensic Science Integrity Act".

• Page 3, Line 516-12-302.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 3, Line 6(a)  An effective criminal justice system requires that

• Page 3, Line 7crime laboratory employees act with integrity, and that crime

• Page 3, Line 8laboratories have controls to prevent and detect knowing

• Page 3, Line 9misconduct and violations of procedures and properly investigate and report misconduct when it occurs;

• Page 3, Line 10(b)  Prosecutors, defendants, and victims deserve

• Page 3, Line 11transparency and to be notified of misconduct by crime

• Page 3, Line 12laboratory employees who handle evidence used in criminal cases;

• Page 3, Line 13(c)  The criminal justice system must provide an

• Page 3, Line 14opportunity to timely and fairly litigate cases in which there

• Page 3, Line 15was misconduct by a crime laboratory employee that could affect, or did affect, the outcome of a case; and

• Page 3, Line 16(d)  Defendants must be afforded the right to counsel, the

• Page 3, Line 17right to full disclosure of the misconduct, and the right to an

• Page 3, Line 18evidentiary hearing in order to adequately address the impact of misconduct by crime laboratory employees.

• Page 3, Line 19(2)  The general assembly intends that this part 3 be

• Page 4, Line 1liberally construed to accomplish the policies declared in this section.

• Page 4, Line 216-12-303.  Definitions.As used in this part 3, unless the context otherwise requires:

• Page 4, Line 3(1)  "Crime laboratory" means a forensic services provider

• Page 4, Line 4in Colorado that assists law enforcement agencies or

• Page 4, Line 5prosecutors by performing scientific laboratory testing or examination of physical evidence.

• Page 4, Line 6(2)  "Crime laboratory director" or "director" means the

• Page 4, Line 7senior position of a crime laboratory as defined in the crime laboratory's policy.

• Page 4, Line 8(3)  "Crime laboratory employee" or "employee" means a

• Page 4, Line 9person who works or has worked in a crime laboratory, including crime laboratory contract workers.

• Page 4, Line 10(4)  "Forensic services provider" means a unit or section of

• Page 4, Line 11a law enforcement agency that holds an ISO/IEC 17025 forensic

• Page 4, Line 12laboratory accreditation or that performs work equivalent to

• Page 4, Line 13that of an accredited forensic services provider without being accredited.

• Page 4, Line 14(5)  "Knowing misconduct" means a voluntary act or

• Page 4, Line 15omission or series of acts or omissions consciously performed by

• Page 4, Line 16a crime laboratory employee as a result of effort or

• Page 4, Line 17determination in which the employee is aware that the

• Page 4, Line 18employee's conduct is improper and deceptive. "Knowing

• Page 4, Line 19misconduct" may involve, but is not limited to involving, the

• Page 4, Line 20mishandling or manipulation of physical evidence or data

• Page 4, Line 21elements or results, presenting misleading or false results,

• Page 5, Line 1concealing material information, or presenting false sworn testimony about the evidence.

• Page 5, Line 2(6)  "Significant event" means an act or omission by a crime

• Page 5, Line 3laboratory employee that is a gross deviation from the

• Page 5, Line 4standard operation procedures or accreditation requirements

• Page 5, Line 5of the crime laboratory, or requirements in law that were

• Page 5, Line 6applicable at the time of the act or omission of the crime

• Page 5, Line 7laboratory employee, that could substantially negatively affect the integrity of the crime laboratory activities.

• Page 5, Line 8(7)  "Wrongful action" means knowing misconduct or a significant event.

• Page 5, Line 916-12-304.  Duty of a crime laboratory employee to report

• Page 5, Line 10misconduct. (1)  A crime laboratory employee who, in pursuance

• Page 5, Line 11of their work or in the course of an investigation, witnesses or

• Page 5, Line 12discovers wrongful action must report that wrongful action to

• Page 5, Line 13their immediate supervisor at the crime laboratory or to the

• Page 5, Line 14crime laboratory director within fourteen days after

• Page 5, Line 15witnessing or discovering the wrongful action. A crime

• Page 5, Line 16laboratory supervisor who receives a report shall notify the

• Page 5, Line 17crime laboratory director within seventy-two hours after receiving the report.

• Page 5, Line 18(2)  A report required by this section must be made in

• Page 5, Line 19writing and include a description of the wrongful action; the

• Page 5, Line 20date, time, and location that the wrongful action was seen or

• Page 5, Line 21discovered; the people present at the time; and, if known, any

• Page 5, Line 22identifying numbers or case numbers that relate to the

• Page 5, Line 23wrongful action.

• Page 6, Line 1(3)  Each crime laboratory shall develop and implement

• Page 6, Line 2policies and procedures for reporting wrongful actions in

• Page 6, Line 3accordance with this section. The policies and procedures must

• Page 6, Line 4identify the crime laboratory director who receives reports of wrongful actions.

• Page 6, Line 516-12-305.  Duty of crime laboratory to investigate wrongful

• Page 6, Line 6action - report to prosecuting attorney - record retention. (1) (a)  A

• Page 6, Line 7crime laboratory director who, on or after July 1, 2025, receives

• Page 6, Line 8a report of wrongful action pursuant to section 16-12-304 or

• Page 6, Line 9receives other information about an act or omission by a crime

• Page 6, Line 10laboratory employee that may constitute wrongful action

• Page 6, Line 11shall investigate the crime laboratory employee's actions. The

• Page 6, Line 12investigation must include, but is not limited to, identifying all

• Page 6, Line 13cases that the crime laboratory employee has worked on in an official capacity at the crime laboratory.

• Page 6, Line 14(b) (I)  A crime laboratory director shall notify a district

• Page 6, Line 15attorney about an alleged wrongful action by a crime laboratory employee if:

• Page 6, Line 16(A)  The alleged conduct would constitute wrongful action if sustained;

• Page 6, Line 17(B)  The district attorney has jurisdiction over any case

• Page 6, Line 18the crime laboratory employee worked on in an official capacity; and

• Page 6, Line 19(C)  The case the district attorney has jurisdiction over is pending or resulted in a conviction.

• Page 6, Line 20(II) (A)  No later than ninety-one days after receiving a

• Page 6, Line 21report of, or information about, wrongful action by a crime

• Page 7, Line 1laboratory employee, the crime laboratory director shall

• Page 7, Line 2notify, in writing, each district attorney who must be notified

• Page 7, Line 3pursuant to subsection (1)(b)(I) of this section about the

• Page 7, Line 4investigation, the nature of the reported wrongful action, and

• Page 7, Line 5the status of the investigation. As part of the notification, the

• Page 7, Line 6crime laboratory director shall provide each notified district

• Page 7, Line 7attorney a list of cases subject to the jurisdiction of the

• Page 7, Line 8district attorney that the director has identified as cases the

• Page 7, Line 9crime laboratory employee worked on in an official capacity,

• Page 7, Line 10including cases that are pending in any stage of the judicial process and cases in which the defendant has been convicted.

• Page 7, Line 11(B)  If the crime laboratory director has not completed

• Page 7, Line 12identifying cases and creating the list of cases described in this

• Page 7, Line 13subsection (1)(b)(II) within the ninety-one-day period to notify

• Page 7, Line 14each district attorney, the crime laboratory director shall

• Page 7, Line 15provide to each district attorney the notice required in

• Page 7, Line 16subsection (1)(b)(II)(A) of this section without the list of cases

• Page 7, Line 17but with an anticipated timeline for completion of the case

• Page 7, Line 18identification process and the reasons for the delay. The crime

• Page 7, Line 19laboratory director shall not delay the initial notice or the

• Page 7, Line 20disclosure of the list of cases to the district attorney with

• Page 7, Line 21jurisdiction because of ongoing investigation of the wrongful action.

• Page 7, Line 22(C)  The list of cases required to be provided to a district

• Page 7, Line 23attorney pursuant to this subsection (1)(b)(II) is not a public

• Page 7, Line 24record. After the list is provided to a district attorney, the

• Page 7, Line 25crime laboratory director and district attorney shall disclose

• Page 8, Line 1the list to the office of state public defender, the office of

• Page 8, Line 2alternate defense counsel, and an attorney representing a

• Page 8, Line 3client in a criminal case included in the list of cases, who shall

• Page 8, Line 4only use the list for purposes of investigation or preparation of post-conviction relief or trial of a defendant's case.

• Page 8, Line 5(III)  The crime laboratory director shall provide to the

• Page 8, Line 6district attorney all materials discoverable by the defendant

• Page 8, Line 7in a case pursuant to section 16-12-309 on a timely and ongoing basis.

• Page 8, Line 8(2) (a)  A crime laboratory director's investigation of

• Page 8, Line 9wrongful action conducted pursuant to this section must include, but is not limited to:

• Page 8, Line 10(I)  A review and analysis of all data, reports, and documents relevant to the alleged or actual wrongful action;

• Page 8, Line 11(II)  Taking statements from all relevant witnesses;

• Page 8, Line 12(III)  An assessment of the employee's compliance with all

• Page 8, Line 13standards and policies of the crime laboratory relevant to the actions described in the report of wrongful action;

• Page 8, Line 14(IV)  An assessment of the laboratory's compliance with

• Page 8, Line 15any laboratory accreditation, certification, or licensure

• Page 8, Line 16requirements relevant to the actions described in the report of wrongful action; and

• Page 8, Line 17(V)  A determination of whether wrongful action occurred.

• Page 8, Line 18(b)  A crime laboratory director may use independent

• Page 8, Line 19experts to conduct or assist with an investigation. If an

• Page 8, Line 20independent expert is used, the crime laboratory director must request statements or reports from the independent expert.

• Page 9, Line 1(c)  At the conclusion of the investigation, the crime

• Page 9, Line 2laboratory director shall prepare a written final report

• Page 9, Line 3describing the investigation and determinations. The director

• Page 9, Line 4shall deliver the report to each district attorney who received

• Page 9, Line 5a notification of the investigation pursuant to subsection (1)(b)

• Page 9, Line 6of this section as part of the ongoing duty to disclose

• Page 9, Line 7discoverable materials required in subsection (1)(b)(III) or (4)(c) of this section.

• Page 9, Line 8(3)  A crime laboratory must adopt policies and procedures governing:

• Page 9, Line 9(a)  The time frames for disclosure of all investigation

• Page 9, Line 10materials to the district attorney offices required to be

• Page 9, Line 11provided on an ongoing basis pursuant to subsection (1)(b)(III) or

• Page 9, Line 12(4)(c) of this section and for disclosure of the written final report; and

• Page 9, Line 13(b)  The preservation of records related to wrongful

• Page 9, Line 14action reports received by the crime laboratory director and

• Page 9, Line 15the director's investigations and investigatory reports. The

• Page 9, Line 16policies must require that the records are preserved at least

• Page 9, Line 17through the final resolution of litigation in all affected criminal cases and any related civil cases.

• Page 9, Line 18(4) (a)  Beginning no later than July 1, 2025, a crime

• Page 9, Line 19laboratory director shall, with all reasonable diligence,

• Page 9, Line 20review all records of the crime laboratory to identify

• Page 9, Line 21wrongful actions by a current or former crime laboratory

• Page 9, Line 22employee committed prior to July 1, 2025. If after the review, the

• Page 10, Line 1crime laboratory director discovers an allegation of wrongful

• Page 10, Line 2action by a crime laboratory employee, the crime laboratory

• Page 10, Line 3director shall comply with the requirements in this section,

• Page 10, Line 4including the requirement to notify a district attorney; except

• Page 10, Line 5that a crime laboratory director is not required to initiate a

• Page 10, Line 6further investigation into the alleged wrongful action if the

• Page 10, Line 7allegation was previously investigated and the investigation

• Page 10, Line 8complied with the requirements of subsection (2)(a) of this

• Page 10, Line 9section. A crime laboratory director shall make the required

• Page 10, Line 10notification to a district attorney as soon as practicable but no later than ninety-one days after discovering an allegation.

• Page 10, Line 11(b)  If, prior to July 1, 2025, a crime laboratory director

• Page 10, Line 12received a report of wrongful action by a crime laboratory

• Page 10, Line 13employee and provided notice to a district attorney of the

• Page 10, Line 14reported wrongful action and a list of cases the crime

• Page 10, Line 15laboratory employee worked on in an official capacity, the

• Page 10, Line 16crime laboratory director shall, no later than September 1,

• Page 10, Line 172025, review the notice provided to the district attorney to

• Page 10, Line 18ensure that it is complete and complies with the requirements of this section.

• Page 10, Line 19(c)  After sending a notice, the crime laboratory and crime

• Page 10, Line 20laboratory director shall provide all materials described in

• Page 10, Line 21section 16-12-309 (2) to the district attorneys as soon as

• Page 10, Line 22practicable and on an ongoing basis through the conclusion of

• Page 10, Line 23post-conviction proceedings. The director shall respond to any

• Page 10, Line 24requests for discoverable material from the district attorney

• Page 10, Line 25by providing the requested materials or by responding in writing

• Page 11, Line 1within fourteen days after receiving the request that the requested materials do not exist.

• Page 11, Line 216-12-306.  Prosecution duty to notify defendants and

• Page 11, Line 3defendants' counsel - content of notice. (1)  A district attorney who

• Page 11, Line 4receives notification from a crime laboratory director of an

• Page 11, Line 5investigation into wrongful action by a crime laboratory

• Page 11, Line 6employee shall notify the defendant in each case within the

• Page 11, Line 7district attorney's jurisdiction identified by the crime

• Page 11, Line 8laboratory director of the investigation about the reported

• Page 11, Line 9wrongful action as soon as practicable after receiving the

• Page 11, Line 10notification from the crime laboratory director but no later

• Page 11, Line 11than ninety-one days after receiving the notification from the

• Page 11, Line 12crime laboratory director, unless court rules or law requires an earlier deadline for disclosure.

• Page 11, Line 13(2)  The notice to the defendant must state that there is a

• Page 11, Line 14report of wrongful action by a crime laboratory employee

• Page 11, Line 15involved in the defendant's case and that the law requires the reported conduct to be investigated. The notice must include:

• Page 11, Line 16(a)  The name of the crime laboratory employee and the

• Page 11, Line 17name of the crime laboratory or agency that operates the crime laboratory;

• Page 11, Line 18(b)  The defendant's case number and court that has jurisdiction over the case;

• Page 11, Line 19(c)  A statement that the defendant has:

• Page 11, Line 20(I)  A time-limited right to make a post-conviction claim

• Page 11, Line 21pursuant to the "Colorado Forensic Science Integrity Act" and

• Page 11, Line 22an appropriate citation to the "Colorado Forensic Science Integrity Act";

• Page 12, Line 1(II)  A right to counsel to investigate, file, and litigate

• Page 12, Line 2post-conviction claims pursuant to the "Colorado Forensic Science Integrity Act";

• Page 12, Line 3(III)  A right to hire their own counsel, and if the

• Page 12, Line 4defendant cannot afford counsel, the right to court-appointed counsel;

• Page 12, Line 5(d)  Information about how to contact the office of state

• Page 12, Line 6public defender or the court to request that counsel be appointed; and

• Page 12, Line 7(e)  Information about how to contact the district

• Page 12, Line 8attorney's office to determine the status of the investigation, if the defendant is proceeding without counsel.

• Page 12, Line 9(3) (a)  If the defendant's criminal case is a pending case for

• Page 12, Line 10which no conviction has been entered, is on appeal status, or has

• Page 12, Line 11had post-conviction motions filed that are pending, the district

• Page 12, Line 12attorney shall immediately notify the defendant and the defendant's counsel through discovery in the case.

• Page 12, Line 13(b)  If the defendant was convicted in the case and there

• Page 12, Line 14is not a pending appeal and there are no pending post-conviction motions in the case and:

• Page 12, Line 15(I)  The defendant is in custody in jail or a correctional

• Page 12, Line 16facility, the district attorney shall notify the defendant via

• Page 12, Line 17regular mail at the defendant's place of incarceration and

• Page 12, Line 18notify the office of the public defender by email at the email address described in subsection (3)(c) of this section; or

• Page 12, Line 19(II)  The defendant is not in custody in jail or a

• Page 13, Line 1correctional facility, the district attorney shall notify the

• Page 13, Line 2defendant, by personal service or registered mail, at the

• Page 13, Line 3defendant's last-known address and the address of the

• Page 13, Line 4defendant's last-known counsel or if the defendant's

• Page 13, Line 5last-known counsel was the public defender, notify the office of

• Page 13, Line 6public defender by email at the email address described in subsection (3)(c) of this section.

• Page 13, Line 7(c)  The state public defender shall designate an email

• Page 13, Line 8address to receive notices pursuant to this section and shall

• Page 13, Line 9provide the email address to each district attorney and the Colorado district attorneys' council.

• Page 13, Line 10(4)  A district attorney who, after July 1, 2025, receives

• Page 13, Line 11notification from a crime laboratory director about wrongful

• Page 13, Line 12action by a crime laboratory employee that occurred before

• Page 13, Line 13July 1, 2025, shall notify defendants about the wrongful action

• Page 13, Line 14as soon as practicable in the manner described in this section,

• Page 13, Line 15but not later than ninety-one days after receipt of the notification from the crime laboratory director.

• Page 13, Line 16(5)  A district attorney who, prior to July 1, 2025, received

• Page 13, Line 17notice of wrongful action by a crime laboratory employee and

• Page 13, Line 18a list of cases that the crime laboratory employee worked on in

• Page 13, Line 19an official capacity shall comply, before September 1, 2025,with

• Page 13, Line 20the disclosure requirements of this section for all cases in the list of cases in which there was a conviction.

• Page 13, Line 2116-12-307.  Duty to notify victims. (1)  When a district

• Page 13, Line 22attorney receives a notice of wrongful action committed by a

• Page 13, Line 23crime laboratory employee and a criminal case identified in the

• Page 14, Line 1notice involves a crime listed in section 24-4.1-302 (1), the

• Page 14, Line 2district attorney shall, as required in subsection (2) of this

• Page 14, Line 3section, notify each victim of the crime about the investigation and the nature of the alleged wrongful action.

• Page 14, Line 4(2)  The district attorney shall notify a victim pursuant

• Page 14, Line 5to this section by personal service or registered mail at the

• Page 14, Line 6victim's last-known address. The district attorney shall notify

• Page 14, Line 7victims pursuant to this section in cases in which charges have

• Page 14, Line 8been filed against the defendant but a criminal trial has not

• Page 14, Line 9begun. The district attorney shall notify the victim as soon as

• Page 14, Line 10practicable but not later than ninety-one days after the

• Page 14, Line 11district attorney received the notice from the crime laboratory

• Page 14, Line 12director or prior to the start of the trial if trial starts before the ninety-one days ends.

• Page 14, Line 1316-12-308.  Defendant's right to counsel. (1)  A defendant has

• Page 14, Line 14the right to counsel to investigate, file, and litigate a

• Page 14, Line 15post-conviction claim arising from wrongful action and appeals

• Page 14, Line 16arising from the claim. The right to counsel for assistance with

• Page 14, Line 17post-conviction claims pursuant to this part 3, including the

• Page 14, Line 18right for an indigent person to have the assistance of

• Page 14, Line 19court-appointed counsel, attaches when a defendant receives a

• Page 14, Line 20notice pursuant to section 16-12-306 or makes a showing that a

• Page 14, Line 21crime laboratory employee worked on their case and is the

• Page 14, Line 22subject of an investigation of wrongful action. A defendant is

• Page 14, Line 23not required to file a petition for post-conviction relief to receive court-appointed counsel.

• Page 14, Line 24(2) (a)  A defendant may request counsel by filing a

• Page 15, Line 1written request for counsel with the court and attaching a

• Page 15, Line 2copy of the notice received pursuant to section 16-12-306 or a

• Page 15, Line 3pleading that names a crime laboratory employee and provides

• Page 15, Line 4sufficient information for the court to find that the crime

• Page 15, Line 5laboratory is the subject of an investigation of wrongful action.

• Page 15, Line 6(b)  If a defendant files a pleading in court without

• Page 15, Line 7counsel, the court shall determine if the defendant is

• Page 15, Line 8requesting the appointment of counsel or if the defendant is knowingly and voluntarily waiving their right to counsel.

• Page 15, Line 9(3)  A public defender who has received a request for

• Page 15, Line 10assistance from a defendant who received a notice pursuant to

• Page 15, Line 11section 16-12-306, or from a defendant who can make a showing

• Page 15, Line 12that a crime laboratory employee committed a wrongful action,

• Page 15, Line 13may request appointment by the court if the defendant qualifies for representation by court-appointed counsel.

• Page 15, Line 14(4)  Upon receiving a request to appoint counsel for a

• Page 15, Line 15defendant made pursuant to this section, the court shall, in

• Page 15, Line 16accordance with section 21-1-103, appoint the public defender to

• Page 15, Line 17represent the defendant in a post-conviction matter related to

• Page 15, Line 18the wrongful action. If the public defender notifies the court of

• Page 15, Line 19a conflict of interest, the court shall appoint the office of alternate defense counsel to represent the defendant.

• Page 15, Line 2016-12-309. Discovery and expert witness disclosure -

• Page 15, Line 21procedures - construction consistent with court rules. (1) (a)  A

• Page 15, Line 22defendant has a right to discovery related to the wrongful

• Page 15, Line 23action:

• Page 16, Line 1(I)  Upon receipt of a notice of reported wrongful action described in section 16-12-306; or

• Page 16, Line 2(II)  If a court orders discovery after the defendant files

• Page 16, Line 3a pleading that names a crime laboratory employee who worked

• Page 16, Line 4on the defendant's case who is the subject of an investigation of wrongful action.

• Page 16, Line 5(b)  A defendant may request discovery by making a

• Page 16, Line 6written request to the district attorney or filing a motion with the court.

• Page 16, Line 7(c)  Upon receiving a valid discovery request or a court

• Page 16, Line 8order to provide discovery, the district attorney shall provide

• Page 16, Line 9discovery to the defendant pursuant to this section as soon as

• Page 16, Line 10practicable and on an ongoing basis through the conclusion of

• Page 16, Line 11post-conviction proceedings. The district attorney shall

• Page 16, Line 12request, pursuant to section 16-12-305 (4)(c), discoverable

• Page 16, Line 13material from a crime laboratory that may be in the possession

• Page 16, Line 14of the crime laboratory but has not been provided to the district attorney.

• Page 16, Line 15(2)  When discovery is required pursuant to subsection (1)

• Page 16, Line 16of this section, and upon receiving a discovery request from a

• Page 16, Line 17defendant, the district attorney shall provide the defendant copies of the following:

• Page 16, Line 18(a)  All material that was previously discovered in the

• Page 16, Line 19case that is not already in the defendant's present counsel's possession;

• Page 16, Line 20(b)  All statements, transcripts, and reports about the

• Page 16, Line 21wrongful action or investigation of the wrongful action,

• Page 17, Line 1including, but not limited to, statements, transcripts, and

• Page 17, Line 2reports from the crime laboratory, law enforcement agencies

• Page 17, Line 3or officers, and third parties contracted to investigate the wrongful action;

• Page 17, Line 4(c)  All statements, transcripts, reports, or litigation

• Page 17, Line 5packets about the handling, testing, retesting, examination, or results related to the physical evidence in the defendant's case;

• Page 17, Line 6(d)  All communications, reports, or information that

• Page 17, Line 7relates to accreditation, certification, or licensure related to,

• Page 17, Line 8or that may be affected by, the wrongful action, which includes

• Page 17, Line 9accreditation, certification, or licensure of the crime

• Page 17, Line 10laboratory or the crime laboratory employee alleged to have committed the wrongful action;

• Page 17, Line 11(e)  Crime laboratory policies and procedures that were

• Page 17, Line 12applicable during the time of the alleged wrongful action that

• Page 17, Line 13governed the handling, testing, or examination of the evidence

• Page 17, Line 14handled, tested, or examined by the crime laboratory for which

• Page 17, Line 15the crime laboratory employee alleged to have committed the wrongful action worked;

• Page 17, Line 16(f)  Any information that tends to impeach the credibility

• Page 17, Line 17or reliability of the handling, testing, or examination of the physical evidence in the case;

• Page 17, Line 18(g)  All materials or information related to the case that

• Page 17, Line 19tends to negate the guilt of the accused or would reduce the punishment of the accused; and

• Page 17, Line 20(h)  Any other material regarding the wrongful action

• Page 17, Line 21that is requested by the defendant that may be relevant to

• Page 18, Line 1demonstrating the wrongful action or materiality of the wrongful action in the defendant's case.

• Page 18, Line 2(3)  Any party may file a motion for a court order to assist

• Page 18, Line 3in obtaining discovery pursuant to this section. When material

• Page 18, Line 4is reasonably believed to exist and is required to be provided

• Page 18, Line 5pursuant to this section, but has not been provided in response to proper requests, a subpoena may be issued for such material.

• Page 18, Line 6(4)  Nothing in this section prevents or limits a court from

• Page 18, Line 7ordering additional discovery pursuant to a law or court rule that authorizes a court to order discovery.

• Page 18, Line 8(5)  Unless otherwise provided in this section,

• Page 18, Line 9post-conviction discovery rights must be interpreted consistent

• Page 18, Line 10with discovery rules and obligations under the Colorado rules

• Page 18, Line 11of criminal procedure, state law, and the state and federal constitutions.

• Page 18, Line 12(6) (a)  With regard to all matters of discovery under this

• Page 18, Line 13section, the court may issue a protective order upon a showing

• Page 18, Line 14of cause by a party or a third party who has standing, including

• Page 18, Line 15the crime laboratory analyst accused of wrongful action, so

• Page 18, Line 16long as all material to which a party is entitled must be disclosed in time for the party to make beneficial use thereof.

• Page 18, Line 17(b)  Pursuant to subsection (6)(a) of this section, the court may enter a protective order at any time that:

• Page 18, Line 18(I)  Requires specific disclosures to be restricted or deferred;

• Page 18, Line 19(II)  Assists in ensuring materials furnished in discovery

• Page 18, Line 20are only provided to a person to prepare a claim for post-conviction relief or to prepare for trial of a case;

• Page 19, Line 1(III)  Protects the privacy rights of any person; or

• (IV)  The court deems necessary.

• Page 19, Line 2(c)  When determining whether to issue a protective order

• Page 19, Line 3involving information disclosed pursuant to this section about

• Page 19, Line 4allegations of wrongful action by a crime laboratory employee

• Page 19, Line 5that are still under investigation or that were not sustained by

• Page 19, Line 6the crime laboratory, the court shall give weight to protecting the crime laboratory employee's privacy.

• Page 19, Line 716-12-310.  Petition for post-conviction relief - petition

• Page 19, Line 8requirements. (1)  Notwithstanding any other claim for

• Page 19, Line 9post-conviction relief available pursuant to federal or state

• Page 19, Line 10law, including relief available pursuant to the Colorado rules

• Page 19, Line 11of criminal procedure, a defendant who was convicted of a

• Page 19, Line 12criminal offense who receives a notice of reported wrongful

• Page 19, Line 13action pursuant to section 16-12-306 or who files a pleading

• Page 19, Line 14naming a crime laboratory employee who worked on the

• Page 19, Line 15defendant's case who is subject to an investigation of wrongful action has a right to petition for relief pursuant to this part 3.

• Page 19, Line 16(2)  To initiate a claim for post-conviction relief, the defendant shall file a petition that includes:

• Page 19, Line 17(a)  If not already filed with the court, a copy of the

• Page 19, Line 18notice received pursuant to section 16-12-306 or a statement

• Page 19, Line 19that names a crime laboratory employee who worked on the

• Page 19, Line 20defendant's case who is subject to an investigation of wrongful action;

• Page 19, Line 21(b)  A statement of the relevant procedural history of the

• Page 20, Line 1defendant's case, including the crimes for which the defendant was convicted;

• Page 20, Line 2(c)  The facts and legal basis for relief, which must

• Page 20, Line 3include sufficient allegations that, if true, entitle the defendant to relief; and

• Page 20, Line 4(d)  A description of the time limit for filing the petition.

• Page 20, Line 5(3)  A court shall permit a defendant to supplement a

• Page 20, Line 6petition with relevant factual assertions and legal authorities

• Page 20, Line 7so long as the district attorney has a fair notice and ability to respond.

• Page 20, Line 8(4)  The court may dismiss a petition for failing to

• Page 20, Line 9substantially comply with the requirements of this section but

• Page 20, Line 10only after making a finding of a substantial defect in the

• Page 20, Line 11petition and affording the defendant an opportunity to amend or supplement the petition to cure the defect.

• Page 20, Line 12(5)  After receiving a petition and any supplements or

• Page 20, Line 13amendments, the court shall order the district attorney to

• Page 20, Line 14respond to the petition within thirty-five days and afford the

• Page 20, Line 15defendant an opportunity to reply to the response within

• Page 20, Line 16twenty-one days after the district attorney's response is filed.

• Page 20, Line 17The district attorney does not have a duty to respond until

• Page 20, Line 18ordered to do so. A court may grant an extension of time for the

• Page 20, Line 19district attorney to file a response or a defendant to file a

• Page 20, Line 20reply. The district attorney's response and any reply by the

• Page 20, Line 21defendant must state factual assertions and legal authorities

• Page 20, Line 22that afford the opposing party fair notice and ability to

• Page 20, Line 23respond.

• Page 21, Line 1(6)  After receiving the petition, a response, and any reply,

• Page 21, Line 2the court may dismiss a petition without a hearing if the petition

• Page 21, Line 3fails to state sufficient allegations that, if true, entitle the defendant to relief.

• Page 21, Line 4(7)  The court shall not deny a claim brought pursuant to

• Page 21, Line 5this section on the grounds that the wrongful action could or

• Page 21, Line 6should have been discovered through the exercise of due

• Page 21, Line 7diligence before the defendant received a notice of reported

• Page 21, Line 8wrongful action as described in section 16-12-306 (1). It is

• Page 21, Line 9presumed that prior to receiving a notice pursuant to section

• Page 21, Line 1016-12-306 (1) that the defendant and their counsel do not know

• Page 21, Line 11about the wrongful action by a crime laboratory, and that

• Page 21, Line 12presumption constitutes an objective factor, external to the

• Page 21, Line 13defense, which made raising any claim related to the wrongful action impracticable prior to receipt of the notice.

• Page 21, Line 14(8)  A claim made pursuant to this section must raise all

• Page 21, Line 15grounds for relief related to the wrongful action. After a

• Page 21, Line 16court has denied a claim made pursuant to this section, a court

• Page 21, Line 17shall deny as successive additional claims relying on the

• Page 21, Line 18wrongful action unless new evidence relating to the claim is

• Page 21, Line 19discovered that could not have been discovered through the exercise of due diligence before the denial of the prior claim.

• Page 21, Line 20(9)  Notwithstanding any other law to the contrary, a

• Page 21, Line 21court shall not deny a post-conviction claim that is unrelated

• Page 21, Line 22to wrongful action because it was not brought with a claim pursuant to this section.

• Page 21, Line 2316-12-311.  Time limitation on post-conviction petition for

• Page 22, Line 1relief. (1) (a)  Notwithstanding the limitation in section 16-5-402,

• Page 22, Line 2a claim for post-conviction relief relying in whole or in part on

• Page 22, Line 3facts related to wrongful action must be commenced within the

• Page 22, Line 4applicable time period set forth in subsection (1)(b) of this

• Page 22, Line 5section, which begins to run upon actual receipt by the

• Page 22, Line 6defendant of the notice of reported wrongful action made pursuant to section 16-12-306.

• Page 22, Line 7(b)  The time period to bring a claim for relief pursuant to this part 3 is as follows:

• Page 22, Line 8All class 1 felonies:No limit

• All other felonies:Three years

• Page 22, Line 9Misdemeanors:Eighteen months

• Petty offenses:Six months

• Page 22, Line 10(2)  A court may permit a defendant to file a claim after

• Page 22, Line 11the time period described in subsection (1)(b) of this section has expired only upon a showing of:

• Page 22, Line 12(a)  Justifiable excuse or excusable neglect; or

• Page 22, Line 13(b)  Good cause, if the defendant is conducting substantial and diligent work to bring the claim.

• Page 22, Line 14(3)  The time period described in subsection (1) of this section is tolled:

• Page 22, Line 15(a)  If a defendant is adjudicated to be incompetent, until the court finds that the defendant is restored to competency;

• Page 22, Line 16(b)  For any time period during which the trial court lacks

• Page 22, Line 17jurisdiction, including, but not limited to, any time period jurisdiction is in an appellate court due a pending appeal; and

• Page 22, Line 18(c)  For any time period during which a defendant's written

• Page 23, Line 1request for counsel made pursuant to section 16-12-308 is

• Page 23, Line 2pending until counsel is appointed or the court denies the motion.

• Page 23, Line 3(4)  If, prior to an evidentiary hearing held pursuant to

• Page 23, Line 4section 16-12-312, the prosecution raises that the petition

• Page 23, Line 5initiating a claim for post-conviction relief was not timely filed,

• Page 23, Line 6the court shall determine whether the time period to file the

• Page 23, Line 7petition has expired before the evidentiary hearing. If the time

• Page 23, Line 8period has expired, the court shall dismiss the petition. An order

• Page 23, Line 9dismissing the petition because the time to bring the petition expired is a final appealable order.

• Page 23, Line 1016-12-312.  Evidentiary hearing on post-conviction petition for

• Page 23, Line 11relief - procedures - standards - material to the case described. (1)  If

• Page 23, Line 12the defendant's petition for post-conviction relief asserts facts

• Page 23, Line 13that, if true, demonstrate that wrongful action was material

• Page 23, Line 14to the defendant's case, the court shall decide the claim upon the merits after an evidentiary hearing.

• Page 23, Line 15(2) (a)  Subject to constitutional limitations, the court

• Page 23, Line 16shall set a deadline at least thirty-five days prior to the evidentiary hearing for the parties to:

• Page 23, Line 17(I)  Exchange the name and address of each witness a party

• Page 23, Line 18may call at the hearing and to designate witnesses who are likely to be called; and

• Page 23, Line 19(II)  Designate a witness as an expert and designate the

• Page 23, Line 20area in which the party will seek to qualify the expert. Subject

• Page 23, Line 21to constitutional limitations, the court shall order the parties

• Page 23, Line 22to provide a report from the designated expert or summary of

• Page 24, Line 1the expert's testimony that allows the opposing party to prepare to respond to the expert's testimony.

• Page 24, Line 2(b)  Upon the request of a party, the court may grant

• Page 24, Line 3additional discretionary disclosures to effectuate fair

• Page 24, Line 4preparation and presentation of evidence by the opposing party.

• Page 24, Line 5In case of late or incomplete disclosure, the court has the

• Page 24, Line 6discretion to enter orders to cure or remedy a violation of this subsection (2).

• Page 24, Line 7(3)  At the evidentiary hearing, the defendant has the burden to show, by a preponderance of the evidence, that:

• Page 24, Line 8(a)  A crime laboratory employee engaged in a wrongful action; and

• Page 24, Line 9(b)  The crime laboratory employee's conduct described in subsection (3)(a) of this section is material to the case.

• Page 24, Line 10(4) (a)  If the defendant fails to meet their burden

• Page 24, Line 11pursuant to subsection (3) of this section, the court shall dismiss the claim.

• Page 24, Line 12(b)  If the defendant meets their burden pursuant to

• Page 24, Line 13subsection (3) of this section, the court shall vacate the conviction and grant a new trial.

• Page 24, Line 14(5)  For the purposes of this section, wrongful action is

• Page 24, Line 15material to the case if, when considered in the totality of the

• Page 24, Line 16case, there is a reasonable probability that, but for the

• Page 24, Line 17wrongful action, the result of the proceeding would have been

• Page 24, Line 18different. Wrongful action may be material to the case if it

• Page 24, Line 19significantly impeaches or casts doubt upon the accuracy of

• Page 24, Line 20physical evidence testing, the presentation of test results, or

• Page 25, Line 1testimony about the testing of physical evidence by a crime

• Page 25, Line 2laboratory employee or other witness. There is a reasonable

• Page 25, Line 3probability that the result of the proceeding would have been

• Page 25, Line 4different if there is evidence sufficient to undermine confidence in the verdict or guilty plea.

• Page 25, Line 5(6)  A ruling granting or a denying a new trial after an evidentiary hearing is a final appealable order.

• Page 25, Line 6SECTION 2.  In Colorado Revised Statutes, 24-4.1-302.5, add (1)(b.10) as follows:

• Page 25, Line 724-4.1-302.5.  Rights afforded to victims - definitions. (1)  In

• Page 25, Line 8order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:

• Page 25, Line 9(b.10)  The right to be informed, pursuant to section

• Page 25, Line 1016-12-307, of wrongful action by a crime laboratory employee in a case involving a crime listed in section 24-4.1-302 (1).

• Page 25, Line 11SECTION 3.  Applicability. This act applies to claims for relief

• Page 25, Line 12filed on or after the effective date of this act that are based on knowing

• Page 25, Line 13misconduct or a significant event, as defined in this act, that occurred before, on, or after the effective date of this act.

• Page 25, Line 14SECTION 4.  Safety clause. The general assembly finds,

• Page 25, Line 15determines, and declares that this act is necessary for the immediate

• Page 25, Line 16preservation of the public peace, health, or safety or for appropriations for

• Page 25, Line 17the support and maintenance of the departments of the state and state institutions.