A Bill for an Act
Page 1, Line 101Concerning allowing the defense to review a tangible object
Page 1, Line 102in preparation for a criminal trial.
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 grants a right for defense counsel to review a tangible object related to a criminal case at least 35 days before a trial and create confidential work product following their review. Law enforcement officers and other state officials are prohibited from recording the defense's review of the tangible object.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 8 to article 9 of title 16 as follows:
Page 2, Line 3PART 8
DEFENSE ACCESS TO PHYSICAL EVIDENCE
Page 2, Line 416-9-801. Viewing and inspecting objects held in evidence.
Page 2, Line 5(1) (a) The defense has the right to view and inspect any tangible
Page 2, Line 6object held by law enforcement in connection with a case at any
Page 2, Line 7location operated by or under contract with the law
Page 2, Line 8enforcement agency as soon as practicable, but no later than
Page 2, Line 9thirty-five days before trial. After the defense makes a request
Page 2, Line 10to the law enforcement agency that possesses a tangible item
Page 2, Line 11held in connection with a case, the agency shall allow the
Page 2, Line 12defense to view and inspect the item.A law enforcement
Page 2, Line 13representative shall be present to document the chain of custody and ensure the integrity of the evidence.
Page 2, Line 14(b) When inspecting the tangible item, the defense must
Page 2, Line 15have the opportunity to have confidential conversations and create confidential work product.
Page 2, Line 16(c) If law enforcement records evidence viewing or
Page 2, Line 17handling by the prosecution or the defense, the recording must
Page 2, Line 18be for the purpose of ensuring the chain of custody, integrity, or
Page 2, Line 19safety of the evidence held by the law enforcement agency. If
Page 2, Line 20law enforcement records, by audio or visual means, any
Page 2, Line 21evidence viewing or handling at any location operated by or
Page 2, Line 22under contract with the law enforcement agency, law
Page 2, Line 23enforcement shall provide notice that a recording was made to
Page 3, Line 1the prosecuting authority, who shall provide a copy of the
Page 3, Line 2notice in discovery to the defense. The recording shall not be
Page 3, Line 3placed in discovery or reviewed by law enforcement, except as
Page 3, Line 4provided in subsection (1)(d) of this section; the prosecution; or
Page 3, Line 5the defense unless ordered by the court when a good faith issue
Page 3, Line 6that the evidence viewing affected the integrity of the evidence
Page 3, Line 7is raised by any party. If the court allows access to the
Page 3, Line 8recording, the court may enter protective orders as necessary to protect any parties' conversations or work product.
Page 3, Line 9(d) Law enforcement may view a recording of an evidence
Page 3, Line 10viewing by the prosecution or defense as necessary to properly
Page 3, Line 11organize, catalogue, maintain, or otherwise properly store the
Page 3, Line 12recording if the review is not for the purpose of reviewing the
Page 3, Line 13prosecution's or defense's preparation or strategy for trial.
Page 3, Line 14Law enforcement may also view a recording of an evidence viewing as authorized by a court order.
Page 3, Line 15(2) Upon the request by either the defense or the
Page 3, Line 16prosecuting authority, and subject to constitutional
Page 3, Line 17limitations, the court may issue orders relating to the evidence
Page 3, Line 18viewing by the prosecution or defense based on the individual
Page 3, Line 19circumstances of the evidence or the case at issue consistent
Page 3, Line 20with this section, the Colorado rules of criminal procedure, and other applicable law.
Page 3, Line 21(3) This section does not limit the ability of the defense to
Page 3, Line 22request defense testing or the court's ability to conduct a hearing related to the request.
Page 3, Line 23(4) This section does not apply to the inspection, viewing,
Page 3, Line 24and examination of sexually exploitative material pursuant to section 16-9-601.
Page 4, Line 1SECTION 2. In Colorado Revised Statutes, 24-31-902, add (1)(a)(II)(E) as follows:
Page 4, Line 224-31-902. Incident recordings - release - tampering - fine.
Page 4, Line 3(1) (a) (II) (E) Notwithstanding any other provision of this
Page 4, Line 4section, a peace officer shall not activate a body-worn camera
Page 4, Line 5or dash camera and capture, view, or otherwise record the
Page 4, Line 6defense viewing, inspecting, or discussing the viewing or
Page 4, Line 7inspection of a tangible object held in connection with a
Page 4, Line 8criminal case.When the defense views or inspects evidence
Page 4, Line 9pursuant to section 16-9-801, it is not an interaction with the
Page 4, Line 10public initiated by the peace officer, and the defense, including
Page 4, Line 11members of the defense team, are not members of the public. It is
Page 4, Line 12also not for the purpose of enforcing the law or investigating possible violations of the law.
Page 4, Line 13SECTION 3. Effective date. This act takes effect July 1, 2025.
Page 4, Line 14SECTION 4. Safety clause. The general assembly finds,
Page 4, Line 15determines, and declares that this act is necessary for the immediate
Page 4, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 17the support and maintenance of the departments of the state and state institutions.