A Bill for an Act
Page 1, Line 101Concerning the creation of the electronic discovery in
Page 1, Line 102criminal cases task force.
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/.)
Joint Budget Committee. The bill creates the electronic discovery in criminal cases task force (task force), which consists of 13 task force members. The purpose of the task force is to study the costs and management of electronic discovery in criminal cases.
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 16-18-106 as follows:
Page 2, Line 316-18-106. Electronic discovery in criminal cases task force -
Page 2, Line 4creation - purpose - membership - report - repeal. (1) There is
Page 2, Line 5created the electronic discovery in criminal cases task force, referred to in this section as the "task force".
Page 2, Line 6(2) The purpose of the task force is to study the costs and management of electronic discovery in criminal cases.
Page 2, Line 7(3) The task force consists of the following members:
Page 2, Line 8(a) The executive director of the Colorado district
Page 2, Line 9attorneys' council, or the director's designee, who is the chair of the task force;
Page 2, Line 10(b) An attorney employed by the office of state public
Page 2, Line 11defender, who is the vice-chair of the task force and is appointed by the state public defender;
Page 2, Line 12(c) An attorney employed by, or under contract with, the
Page 2, Line 13office of alternate defense counsel, appointed by the office of alternate defense counsel;
Page 2, Line 14(d) An attorney within the antitrust unit of the attorney general's office, appointed by the attorney general;
Page 2, Line 15(e) One information technology professional employed by
Page 2, Line 16the Colorado district attorneys' council, and one district
Page 2, Line 17attorney who has knowledge of electronic discovery, appointed
Page 2, Line 18by the executive director of the Colorado district attorneys' council;
Page 2, Line 19(f) An information technology professional employed by
Page 3, Line 1the office of state public defender, appointed by the state public defender;
Page 3, Line 2(g) One employee of a sheriff's office who has knowledge
Page 3, Line 3of electronic discovery, appointed by the executive director of the county sheriffs of Colorado;
Page 3, Line 4(h) An employee of a police department who has
Page 3, Line 5knowledge of electronic discovery, appointed by the Colorado association of the chiefs of police;
Page 3, Line 6(i) An employee of the Colorado state patrol who has
Page 3, Line 7knowledge of electronic discovery, appointed by the chief of the Colorado state patrol; and
Page 3, Line 8(j) A county commissioner who has knowledge of local
Page 3, Line 9electronic discovery costs and local contracts related to
Page 3, Line 10electronic discovery, appointed by Colorado counties, incorporated.
Page 3, Line 11(4) (a) The appointing authorities shall appoint members to
Page 3, Line 12the task force within thirty days after the effective date of this
Page 3, Line 13section and promptly notify the executive director of the Colorado district attorneys' council of the appointment.
Page 3, Line 14(b) The members appointed to the task force serve for the duration of the task force.
Page 3, Line 15(c) Any vacancy occurring in the membership of the task
Page 3, Line 16force must be filled in the same manner as the original appointment.
Page 3, Line 17(d) The members of the task force serve on the task force without compensation.
Page 3, Line 18(5) The task force shall:
Page 4, Line 1(a) Hold its first meeting on or before July 1, 2025, at a time and place determined by the chair of the task force;
Page 4, Line 2(b) Meet at least once every month or more often as directed by the chair of the task force;
Page 4, Line 3(c) Communicate with and obtain input from law
Page 4, Line 4enforcement agencies, prosecutors, and defense attorneys
Page 4, Line 5throughout the state affected by the issues identified in subsection (6) of this section; and
Page 4, Line 6(d) Create subcommittees, as needed, to carry out the
Page 4, Line 7duties of the task force. The subcommittees may consist, in part,
Page 4, Line 8of persons who are not members of the task force and who may
Page 4, Line 9vote on issues before the subcommittee but who are not entitled to a vote at task force meetings.
Page 4, Line 10(6) The task force shall examine and gather information regarding the following:
Page 4, Line 11(a) The current contracts in place between a law
Page 4, Line 12enforcement agency, a district attorney's office, the office of
Page 4, Line 13the attorney general, the office of state public defender, the
Page 4, Line 14office of alternate defense counsel, or, if available, private
Page 4, Line 15criminal defense attorneys and a vendor for electronic
Page 4, Line 16discovery services and information technology services, and include the following information regarding each contract:
Page 4, Line 17(I) The length and expiration date of the contract;
(II) The cost of the contract;
Page 4, Line 18(III) The terms, contracted services, licensing
Page 4, Line 19requirements, and any other key component of the contract;
Page 4, Line 20and
(IV) The expected future costs of the contract, if known;
Page 5, Line 1(b) The amount and type of information placed into electronic discovery, including:
Page 5, Line 2(I) The number, size, and type of files placed into the
Page 5, Line 3statewide electronic discovery portal that can be fully
Page 5, Line 4downloaded, accessed, or utilized through the electronic discovery portal;
Page 5, Line 5(II) The number, size, and type of files that require
Page 5, Line 6prosecution and defense to use an outside vendor or website to
Page 5, Line 7fully download, access, or utilize the electronic discovery documents; and
Page 5, Line 8(III) The number, size, and type of files that are placed on
Page 5, Line 9physical information technology devices such as flash drives,
Page 5, Line 10external hard drives, or physical copies in order for prosecution
Page 5, Line 11and defense to access and utilize the electronic discovery documents;
Page 5, Line 12(c) The extent to which prosecutors, public defenders,
Page 5, Line 13alternate defense counsel attorneys, private defense
Page 5, Line 14attorneys, and pro se defendants have equitable access and the
Page 5, Line 15ability to review and utilize electronic discovery documents
Page 5, Line 16compared to other prosecutors, public defenders, alternate
Page 5, Line 17defense counsel attorneys, private defense attorneys, and pro se defendants, including:
Page 5, Line 18(I) The time it takes to download information to view;
Page 5, Line 19(II) The ability to search discovery documents electronically;
Page 5, Line 20(III) The ability to see automated transcriptions, use
Page 6, Line 1artificial intelligence to generate transcriptions, or use any other tools to expedite review of discovery documents; and
Page 6, Line 2(IV) The ability to identify which officer the body camera
Page 6, Line 3footage is from or the ability to identify where another source of video footage was taken from;
Page 6, Line 4(d) How the amount and type of information placed into
Page 6, Line 5electronic discovery has changed since the creation of the
Page 6, Line 6statewide electronic discovery portal and, to the extent
Page 6, Line 7known, how electronic discovery is projected to change over the next ten years;
Page 6, Line 8(e) The feasibility of creating a system that would make
Page 6, Line 9the electronic discovery process more efficient and equitable,
Page 6, Line 10avoid or minimize the need for outside vendors, and better control costs;
Page 6, Line 11(f) The possible coordination of law enforcement
Page 6, Line 12agencies, prosecuting agencies, the office of state public
Page 6, Line 13defender, the office of alternate defense counsel, and private
Page 6, Line 14defense attorney contracts to make the electronic discovery
Page 6, Line 15process more efficient and equitable, avoid or minimize the need for outside vendors, and better control costs;
Page 6, Line 16(g) The expected costs to the state, county, and local
Page 6, Line 17government if changes are not made to the electronic discovery process over the next ten years; and
Page 6, Line 18(h) Recommendations, including possible legislation, that would assist in:
Page 6, Line 19(I) Controlling the cost of electronic discovery,
Page 6, Line 20including what contract or statutory changes are needed to
Page 7, Line 1allow for coordinated contract negotiation and payment to vendors by the state and local governments;
Page 7, Line 2(II) Ensuring the flow of electronic discovery from one entity to another;
Page 7, Line 3(III) Work efficiency, including saving time for employees who create or use electronic discovery;
Page 7, Line 4(IV) Providing equitable access to and use of electronic
Page 7, Line 5discovery while protecting the work product and mental processes of prosecution and defense; and
Page 7, Line 6(V) Considering procedural changes to existing statutes;
Page 7, Line 7Colorado rules of criminal procedure; or practices related to
Page 7, Line 8the discovery obligations of prosecution, defense, and law
Page 7, Line 9enforcement agencies to improve discovery compliance and processes.
Page 7, Line 10(7) (a) Law enforcement agencies, district attorneys'
Page 7, Line 11offices, the office of the attorney general, the office of state
Page 7, Line 12public defender, and the office of alternate defense counsel
Page 7, Line 13shall share information requested by the task force regarding
Page 7, Line 14contracts, vendors, the electronic discovery process, and costs
Page 7, Line 15but shall not share information that would violate state or
Page 7, Line 16federal laws, regulations, or rules or that would violate the rights of a person involved in a criminal case.
Page 7, Line 17(b) The entities specified in subsection (7)(a) of this section
Page 7, Line 18shall respond to requests from the task force for information
Page 7, Line 19pursuant to subsection (7)(a) of this section in good faith and provide information within a reasonable time.
Page 7, Line 20(8) On or before November 1, 2025, the task force shall
Page 8, Line 1submit a report to the joint budget committee and the joint
Page 8, Line 2technology committee that, at a minimum, describes the following:
Page 8, Line 3(a) The work and study of the task force;
Page 8, Line 4(b) The findings and recommendations regarding the
Page 8, Line 5issues and topics considered by the task force as described in subsection (6) of this section; and
Page 8, Line 6(c) Legislative proposals and expected related costs based on the task force's findings and recommendations.
Page 8, Line 7(9) This section is repealed, effective January 1, 2027.
Page 8, Line 8SECTION 2. Safety clause. The general assembly finds,
Page 8, Line 9determines, and declares that this act is necessary for the immediate
Page 8, Line 10preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 11the support and maintenance of the departments of the state and state institutions.