House Committee of Reference Report
Committee on Judiciary
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February 5, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1114 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, line 8, after "case" insert "at any location
Page 1, Line 2operated by or under contract with the law enforcement
Page 1, Line 3agency".
Page 1, Line 4Page 2, line 13, after "item." add "A law enforcement
Page 1, Line 5representative shall be present to document the chain of
Page 1, Line 6custody and ensure the integrity of the evidence.".
Page 1, Line 7Page 2, lines 16 and 17, strike "A person or entity shall not record
Page 1, Line 8the defense while they view or inspect the tangible object.".
Page 1, Line 9Page 2, strike lines 18 through 27 and substitute:
Page 1, Line 10"(c) If law enforcement records evidence viewing or
Page 1, Line 11handling by the prosecution or the defense, the recording must
Page 1, Line 12be for the purpose of ensuring the chain of custody, integrity, or
Page 1, Line 13safety of the evidence held by the law enforcement agency. If
Page 1, Line 14law enforcement records, by audio or visual means, any
Page 1, Line 15evidence viewing or handling at any location operated by or
Page 1, Line 16under contract with the law enforcement agency, law
Page 1, Line 17enforcement shall provide notice that a recording was made to
Page 1, Line 18the prosecuting authority, who shall provide a copy of the
Page 1, Line 19notice in discovery to the defense. The recording shall not be
Page 1, Line 20placed in discovery or reviewed by law enforcement, the
Page 1, Line 21prosecution, or the defense unless ordered by the court when a
Page 1, Line 22good faith issue that the evidence viewing affected the integrity
Page 1, Line 23of the evidence is raised by any party. If the court allows access
Page 1, Line 24to the recording, the court may enter protective orders as
Page 2, Line 1necessary to protect any parties' conversations or work
Page 2, Line 2product.
Page 2, Line 3(2) Upon the request by either the defense or the
Page 2, Line 4prosecuting authority, and subject to constitutional
Page 2, Line 5limitations, the court may issue orders relating to the evidence
Page 2, Line 6viewing by the prosecution or defense based on the individual
Page 2, Line 7circumstances of the evidence or the case at issue consistent
Page 2, Line 8with this section, the Colorado rules of criminal procedure, and
Page 2, Line 9other applicable law.".
Page 2, Line 10Page 3, strike lines 1 through 3.
Page 2, Line 11Page 3, after line 6 add:
Page 2, Line 12"(4) This section does not apply to the inspection, viewing,
Page 2, Line 13and examination of sexually exploitative material pursuant to
Page 2, Line 14section 16-9-601.".
Page 2, Line 15Page 3, line 15, after "case." add "When the defense views or
Page 2, Line 16inspects evidence pursuant to section 16-9-801, it is not an
Page 2, Line 17interaction with the public initiated by the peace officer, and
Page 2, Line 18the defense, including members of the defense team, are not
Page 2, Line 19members of the public. It is also not for the purpose of enforcing
Page 2, Line 20the law or investigating possible violations of the law.".