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 as
Page 2, Line 7soon as practicable, but no later than thirty-five days before
Page 2, Line 8trial. After the defense makes a request to the law enforcement
Page 2, Line 9agency that possesses a tangible item held in connection with a
Page 2, Line 10case, the agency shall allow the defense to view and inspect the item.
Page 2, Line 11(b) When inspecting the tangible item, the defense must
Page 2, Line 12have the opportunity to have confidential conversations and
Page 2, Line 13create confidential work product. A person or entity shall not record the defense while they view or inspect a tangible object.
Page 2, Line 14(c) When the defense is inspecting a tangible object held
Page 2, Line 15by law enforcement as described in rule 16 of the Colorado
Page 2, Line 16rules of criminal procedure, a law enforcement representative
Page 2, Line 17shall be present to document the chain of custody and ensure the integrity of the evidence.
Page 2, Line 18(2) Upon request by either the defense or the prosecuting
Page 2, Line 19authority, and subject to constitutional limitations, the court
Page 2, Line 20may issue orders effectuating equitable defense access to view
Page 2, Line 21or inspect evidence, which protects internal communications and
Page 2, Line 22activities of the defense team and their ability to create
Page 3, Line 1confidential work product while viewing evidence while also
Page 3, Line 2reasonably protecting the chain of custody, the integrity of the evidence, and the fairness of the proceedings.
Page 3, Line 3(3) This section does not limit the ability of the defense to
Page 3, Line 4request defense testing or the court's ability to conduct a hearing related to the request.
Page 3, Line 5SECTION 2. In Colorado Revised Statutes, 24-31-902, add (1)(a)(II)(E) as follows:
Page 3, Line 624-31-902. Incident recordings - release - tampering - fine.
Page 3, Line 7(1) (a) (II) (E) Notwithstanding any other provision of this
Page 3, Line 8section, a peace officer shall not activate a body-worn camera
Page 3, Line 9or dash camera and capture, view, or otherwise record the
Page 3, Line 10defense viewing, inspecting, or discussing the viewing or
Page 3, Line 11inspection of a tangible object held in connection with a criminal case.
Page 3, Line 12SECTION 3. Effective date. This act takes effect July 1, 2025.
Page 3, Line 13SECTION 4. Safety clause. The general assembly finds,
Page 3, Line 14determines, and declares that this act is necessary for the immediate
Page 3, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 16the support and maintenance of the departments of the state and state institutions.