House Bill 25-1275 Reengrossed

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,

• 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, and making an appropriation.

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 interpreted to accomplish the policies declared in this section.

• Page 4, Line 116-12-303.  Definitions.As used in this part 3, unless the context otherwise requires:

• Page 4, Line 2(1)  "Crime laboratory" means a forensic services provider

• Page 4, Line 3in Colorado that assists law enforcement agencies or

• Page 4, Line 4prosecutors by performing scientific laboratory testing or

• Page 4, Line 5examination of physical evidence."Crime laboratory" does not include a laboratory operated by a county coroner's office.

• 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)  "Final report" means the final report prepared by a

• Page 4, Line 11crime laboratory director following an investigation of alleged wrongful action, described in section 16-12-305 (4)(c).

• Page 4, Line 12(5)  "Forensic services provider" means a unit or section of

• Page 4, Line 13a law enforcement agency that holds an ISO/IEC 17025 forensic

• Page 4, Line 14laboratory accreditation or that performs work equivalent to

• Page 4, Line 15that of an accredited forensic services provider without being accredited.

• Page 4, Line 16(6)  "Knowing misconduct" means a voluntary act or

• Page 4, Line 17omission or series of acts or omissions consciously performed by

• Page 4, Line 18a crime laboratory employee as a result of effort or

• Page 4, Line 19determination in which the employee is aware that the

• Page 4, Line 20employee's conduct is improper or deceptive, and which act or omission or series of acts or omissions involve:

• Page 5, Line 1(a)  The mishandling of physical evidence or data elements or results;

• Page 5, Line 2(b)  Incorrectly performing forensic testing;

• (c)  Presenting misleading or false results;

• Page 5, Line 3(d)  Concealing material information; or

• Page 5, Line 4(e)  Presenting false sworn testimony about the evidence.

• Page 5, Line 5(7)  "Significant event" means an act or omission by a crime

• Page 5, Line 6laboratory employee that is a gross deviation from the

• Page 5, Line 7laboratory standard operation procedures or accreditation

• Page 5, Line 8requirements of the crime laboratory, or requirements in law

• Page 5, Line 9that were applicable at the time of the act or omission of the

• Page 5, Line 10crime laboratory employee, that could substantially

• Page 5, Line 11negatively affect the integrity of the crime laboratory activities.

• Page 5, Line 12(8)  "Wrongful action" means knowing misconduct or a significant event.

• Page 5, Line 1316-12-304.  Duty of a crime laboratory employee to report

• Page 5, Line 14misconduct. (1)  A crime laboratory employee who, in pursuance

• Page 5, Line 15of their work or in the course of an investigation, witnesses or

• Page 5, Line 16discovers wrongful action must report that wrongful action to

• Page 5, Line 17their immediate supervisor at the crime laboratory or to the

• Page 5, Line 18crime laboratory director within seven days after witnessing or

• Page 5, Line 19discovering the wrongful action. A crime laboratory supervisor

• Page 5, Line 20who receives a report shall notify the crime laboratory

• Page 5, Line 21director within seventy-two hours after receiving the report.

• Page 6, Line 1(2)  A report required by this section must be made in

• Page 6, Line 2writing and include a description of the wrongful action; the

• Page 6, Line 3date, time, and location that the wrongful action was seen or

• Page 6, Line 4discovered; the people present at the time; and, if known, any

• Page 6, Line 5identifying numbers or case numbers that relate to the wrongful action.

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

• Page 6, Line 7policies and procedures for reporting wrongful actions in

• Page 6, Line 8accordance with this section. The policies and procedures must

• Page 6, Line 9identify the crime laboratory director who receives reports of wrongful actions.

• Page 6, Line 1016-12-305.  Duty of crime laboratory to investigate wrongful

• Page 6, Line 11action - report to prosecuting attorney - record retention. (1)   A

• Page 6, Line 12crime laboratory director who, on or after July 1, 2025, receives

• Page 6, Line 13a report of wrongful action pursuant to section 16-12-304 or

• Page 6, Line 14receives other information about an act or omission by a crime

• Page 6, Line 15laboratory employee that may constitute wrongful action

• Page 6, Line 16shall forthwith investigate the crime laboratory employee's actions.

• Page 6, Line 17(2)   A crime laboratory director's investigation of

• Page 6, Line 18wrongful action conducted pursuant to this section must include, but is not limited to:

• Page 6, Line 19(a)  A review and analysis of all data, reports, and documents relevant to the alleged or actual wrongful action;

• Page 6, Line 20(b)  Taking statements from all relevant witnesses;

• Page 6, Line 21(c)  An assessment of the employee's compliance with all

• Page 6, Line 22standards and policies of the crime laboratory relevant to the actions described in the report of wrongful action;

• Page 7, Line 1(d)  An assessment of the laboratory's compliance with

• Page 7, Line 2any laboratory accreditation, certification, or licensure

• Page 7, Line 3requirements relevant to the actions described in the report of wrongful action;

• Page 7, Line 4(e)  A determination of whether wrongful action occurred; and

• Page 7, Line 5(f)  Identifying and compiling a list of all cases that the

• Page 7, Line 6crime laboratory employee worked on in an official capacity at

• Page 7, Line 7the crime laboratory. The investigation need not include a

• Page 7, Line 8review of the case work on any case included on the list unless

• Page 7, Line 9the crime laboratory director determines that a review is warranted.

• Page 7, Line 10(3) (a)  When an investigation is of alleged wrongful

• Page 7, Line 11action in a pending case, the crime laboratory director shall,

• Page 7, Line 12within seven days of beginning the investigation, notify the

• Page 7, Line 13district attorney with jurisdiction over each pending criminal case that is subject to the investigation about the investigation.

• Page 7, Line 14(b)  The notice to the district attorney must include:

• (I)  The name of the crime laboratory employee;

• Page 7, Line 15(II)  The nature of the allegation; and

• Page 7, Line 16(III)  A list of the cases identified in the initial

• Page 7, Line 17investigation pursuant to subsection (1) of this section in which

• Page 7, Line 18there is an alleged wrongful action or that are being reviewed as part of investigation into the alleged wrongful action.

• Page 7, Line 19(4) (a)  Within ninety-one days of the report of wrongful

• Page 7, Line 20action to the crime laboratory director, the director shall

• Page 8, Line 1complete the investigation of a wrongful action and determine

• Page 8, Line 2whether wrongful action occurred in a case identified in the

• Page 8, Line 3initial investigation notice to the district attorney made pursuant to subsection (3)(a) of this section.

• Page 8, Line 4(b) (I)  If the investigation cannot be completed within

• Page 8, Line 5ninety-one days, the crime laboratory director shall provide

• Page 8, Line 6notice of the investigation to each district attorney who has

• Page 8, Line 7jurisdiction over any case the crime laboratory employee

• Page 8, Line 8worked on in an official capacity, including cases subject to the notice required pursuant to subsection (3)(a) of this section.

• Page 8, Line 9(II)  The notice to the district attorney about an ongoing

• Page 8, Line 10investigation made pursuant to subsection (4)(b)(I) of this section must include:

• Page 8, Line 11(A)  The name of the crime laboratory employee;

• (B)  The nature of the allegation;

• Page 8, Line 12(C)  A written update that addresses the state of the

• Page 8, Line 13investigation, the reason for the delay, and the anticipated timeline for completing the investigation; and

• Page 8, Line 14(D)  The list of cases described in subsection (2)(f) of this section.

• Page 8, Line 15(III)  After notifying a district attorney about an ongoing

• Page 8, Line 16investigation pursuant to subsection (4)(b)(I) of this section, the

• Page 8, Line 17crime laboratory director shall provide written updates about

• Page 8, Line 18the status of the investigation to the district attorney at least

• Page 8, Line 19every thirty-five days thereafter until the investigation is complete.

• Page 8, Line 20(c)  At the conclusion of the investigation, the crime

• Page 9, Line 1laboratory director shall prepare a written final report

• Page 9, Line 2describing the investigation and determinations on the cases in

• Page 9, Line 3which there is an alleged wrongful action by a crime

• Page 9, Line 4laboratory employee. If the investigation determines that the

• Page 9, Line 5crime laboratory employee engaged in wrongful action, the

• Page 9, Line 6final report must include the list of cases described in

• Page 9, Line 7subsection (2)(f) of this section and the release of the final report is governed by section 24-72-303 (4)(a.5).

• Page 9, Line 8(5) (a)  If the investigation determines that the crime

• Page 9, Line 9laboratory employee did not engage in wrongful action, no

• Page 9, Line 10further action is required by the crime laboratory director; except that:

• Page 9, Line 11(I)  The director shall deliver forthwith the final report

• Page 9, Line 12of the investigation to each district attorney who received a

• Page 9, Line 13notice of the investigation pursuant to subsections (3) and (4) of this section; and

• Page 9, Line 14(II)  The director shall deliver forthwith the final report

• Page 9, Line 15of the investigation to each district attorney with jurisdiction

• Page 9, Line 16over any case that was subject to investigation pursuant to subsection (1) of this section.

• Page 9, Line 17(b)  If the investigation determines that the crime

• Page 9, Line 18laboratory employee engaged in wrongful action, the crime laboratory director shall:

• Page 9, Line 19(I)  Deliver forthwith the final report of the

• Page 9, Line 20investigation, which includes the list of cases described in

• Page 9, Line 21subsection (2)(f) of this section, to each district attorney who

• Page 9, Line 22has jurisdiction over any case that the crime laboratory employee worked on in an official capacity; and

• Page 10, Line 1(II)  Provide the district attorney all materials

• Page 10, Line 2discoverable by the defendant pursuant to section 16-12-309 on

• Page 10, Line 3a timely and ongoing basis through the conclusion of

• Page 10, Line 4post-conviction proceedings. The director shall respond to any

• Page 10, Line 5requests for discoverable material from the district attorney

• Page 10, Line 6by providing the requested materials or by responding in writing

• Page 10, Line 7within twenty-four days after receiving the request that the requested materials do not exist.

• Page 10, Line 8(6)  A crime laboratory must adopt policies and procedures governing:

• Page 10, Line 9(a)  Procedures needed to comply with the mandates of this article 12; and

• Page 10, Line 10(b)  The preservation of records related to wrongful

• Page 10, Line 11action reports received by the crime laboratory director and

• Page 10, Line 12the director's investigation and investigatory reports. The

• Page 10, Line 13policies must require that all records are preserved at least

• Page 10, Line 14through the final resolution of litigation or potential litigation in all affected cases and any related civil cases.

• Page 10, Line 15(7)  If an investigation concerning wrongful action by a

• Page 10, Line 16crime laboratory occurred after July 1, 2014, and before July 1,

• Page 10, Line 172025, and the investigation resulted in criminal allegations

• Page 10, Line 18filed against the crime laboratory employee or a sustained

• Page 10, Line 19internal affairs action by the department supervising the crime

• Page 10, Line 20laboratory employee, the crime laboratory director shall, as

• Page 10, Line 21soon as practicable but no later than September 1, 2025, prepare

• Page 10, Line 22a final report, as described in subsection (4)(c) of this section,

• Page 11, Line 1and provide the report to all district attorneys with

• Page 11, Line 2jurisdiction over any criminal case that is identified in the final

• Page 11, Line 3report that is pending or has resulted in a conviction in that

• Page 11, Line 4jurisdiction. The report must include the list of cases required in subsection (2)(f) of this section.

• Page 11, Line 5(8)  All records related to an investigation, including

• Page 11, Line 6notices and reports, are criminal justice records as defined in

• Page 11, Line 7section 24-72-302. Except as provided in this section, release of the records is governed by part 3 of article 72 of title 24.

• Page 11, Line 816-12-306. Prosecution duty to notify defendants and

• Page 11, Line 9defendant's counsel - content of notice. (1)  A district attorney who

• Page 11, Line 10receives a notice from a crime laboratory director pursuant to

• Page 11, Line 11section 16-12-305 (3)(a) that an investigation of wrongful action

• Page 11, Line 12was initiated shall notify the defendant in the case that is

• Page 11, Line 13subject to the investigation as soon as practicable but no later

• Page 11, Line 14than ninety-one days after receiving the notice of the initiation

• Page 11, Line 15of the investigation, unless court rules, court order, or law requires an earlier deadline for disclosure.

• Page 11, Line 16(2) (a)  A district attorney who receives a final report of

• Page 11, Line 17an investigation pursuant to section 16-12-305 (5)(b) or (7) that

• Page 11, Line 18determines that a crime laboratory employee engaged in

• Page 11, Line 19wrongful action in a case shall notify the defendant in that

• Page 11, Line 20case, and each defendant whose case was reviewed as part of the

• Page 11, Line 21investigation, of the determination of wrongful action in the

• Page 11, Line 22case that is subject to the investigation as soon as practicable

• Page 11, Line 23but no later than ninety-one days after the receipt of the final

• Page 11, Line 24report.

• Page 12, Line 1(b)  The district attorney shall also notify each

• Page 12, Line 2defendant in a case identified by the crime laboratory director

• Page 12, Line 3in the list of cases described in section 16-12-305 (2)(f) that was

• Page 12, Line 4provided to the district attorney but only if the defendant's

• Page 12, Line 5criminal case is pending or resulted in a conviction in that

• Page 12, Line 6jurisdiction. The district attorney shall notify the defendant as

• Page 12, Line 7soon as practicable but no later than ninety-one days after receipt of the final report.

• Page 12, Line 8(3)  If a crime laboratory director's investigation initiated

• Page 12, Line 9pursuant to section 16-12-305 (1) is not completed within one

• Page 12, Line 10hundred twenty-six days, the district attorney shall notify the

• Page 12, Line 11defendants identified by the crime laboratory in the list of

• Page 12, Line 12cases described in section 16-12-305 (2)(f) that was provided to

• Page 12, Line 13the district attorney of the investigation of the wrongful

• Page 12, Line 14action but only when the criminal case is pending or resulted in

• Page 12, Line 15a criminal conviction. The district attorney shall notify the

• Page 12, Line 16defendants pursuant to this subsection (3) as soon as

• Page 12, Line 17practicable. The notice of an incomplete investigation described

• Page 12, Line 18in this subsection (3) is in addition to the notice of a final report required in subsection (2) of this section.

• Page 12, Line 19(4)  In addition to the information required in a notice

• Page 12, Line 20pursuant to this subsection (4), the notice to the defendant made

• Page 12, Line 21pursuant to subsection (2) of this section must state that there

• Page 12, Line 22is a final report of wrongful action by a crime laboratory

• Page 12, Line 23employee involved in the defendant's case. The notice made to a defendant pursuant to this section must include:

• Page 12, Line 24(a)  The name of the crime laboratory employee and the

• Page 13, Line 1name of the crime laboratory or agency that operates the crime laboratory;

• Page 13, Line 2(b)  The defendant's case number and court that has jurisdiction over the case;

• Page 13, Line 3(c)  A statement that the defendant has:

• Page 13, Line 4(I)  A time-limited right to make a post-conviction claim

• Page 13, Line 5pursuant to the "Colorado Forensic Science Integrity Act" and

• Page 13, Line 6an appropriate citation to the "Colorado Forensic Science Integrity Act";

• Page 13, Line 7(II)  A right to counsel to investigate, file, and litigate

• Page 13, Line 8post-conviction claims pursuant to the "Colorado Forensic Science Integrity Act";

• Page 13, Line 9(III)  A right to hire their own counsel, and if the

• Page 13, Line 10defendant cannot afford counsel, the right to court-appointed counsel;

• Page 13, Line 11(d)  Information about how to contact the office of state

• Page 13, Line 12public defender or the court to request that counsel be appointed; and

• Page 13, Line 13(e)  Information about how to contact the district

• Page 13, Line 14attorney's office to determine the status of the investigation, if the defendant is proceeding without counsel.

• Page 13, Line 15(5) (a)  If the defendant's criminal case is a pending case for

• Page 13, Line 16which no conviction has been entered, is on appeal status, or has

• Page 13, Line 17had post-conviction motions filed that are pending, the district

• Page 13, Line 18attorney shall immediately notify the defendant and the defendant's counsel through discovery in the case.

• Page 13, Line 19(b)  If the defendant was convicted in the case and there

• Page 14, Line 1is not a pending appeal and there are no pending post-conviction motions in the case and:

• Page 14, Line 2(I)  The defendant is in custody in jail or a correctional

• Page 14, Line 3facility, the district attorney shall notify the defendant via

• Page 14, Line 4regular mail at the defendant's place of incarceration and

• Page 14, Line 5notify the office of the public defender by email at the email address described in subsection(5)(c)of this section; or

• Page 14, Line 6(II)  The defendant is not in custody in jail or a

• Page 14, Line 7correctional facility, the district attorney shall notify the

• Page 14, Line 8defendant, by personal service or registered mail, at the

• Page 14, Line 9defendant's last-known address and the address of the

• Page 14, Line 10defendant's last-known counsel or if the defendant's

• Page 14, Line 11last-known counsel was the public defender, notify the office of

• Page 14, Line 12public defender by email at the email address described in subsection(5)(c)of this section.

• Page 14, Line 13(c)  The state public defender shall designate an email

• Page 14, Line 14address to receive notices pursuant to this section and shall

• Page 14, Line 15provide the email address to each district attorney and the Colorado district attorneys' council.

• Page 14, Line 1716-12-307.  Duty to notify victims. (1)  When a district

• Page 14, Line 18attorney receives a notice that a crime laboratory employee

• Page 14, Line 19engaged in wrongful action and a criminal case identified in the

• Page 14, Line 20notice involves a crime listed in section 24-4.1-302 (1), the

• Page 14, Line 21district attorney shall, as required in subsection (2) of this

• Page 14, Line 22section, notify each victim of the crime about the investigation

• Page 14, Line 23and the nature of the alleged wrongful action.

• Page 15, Line 1(2)  The district attorney shall notify a victim pursuant

• Page 15, Line 2to this section by personal service or registered mail at the

• Page 15, Line 3victim's last-known address. The district attorney shall notify

• Page 15, Line 4victims pursuant to this section in cases in which charges have

• Page 15, Line 5been filed against the defendant but a criminal trial has not

• Page 15, Line 6begun. The district attorney shall notify the victim as soon as

• Page 15, Line 7practicable but not later than ninety-one days after the

• Page 15, Line 8district attorney received the notice from the crime laboratory

• Page 15, Line 9director or prior to the start of the trial if trial starts before the ninety-one days ends.

• Page 15, Line 1016-12-308.  Defendant's right to counsel. (1)  A defendant has

• Page 15, Line 11the right to counsel to investigate, file, and litigate a

• Page 15, Line 12post-conviction claim arising from wrongful action and appeals

• Page 15, Line 13arising from the claim. The right to counsel for assistance with

• Page 15, Line 14post-conviction claims pursuant to this part 3, including the

• Page 15, Line 15right for an indigent person to have the assistance of

• Page 15, Line 16court-appointed counsel, attaches when a defendant receives a

• Page 15, Line 17notice pursuant to section 16-12-306 or makes a showing that a

• Page 15, Line 18crime laboratory employee worked on their case and is the

• Page 15, Line 19subject of an investigation of wrongful action. A defendant is

• Page 15, Line 20not required to file a petition for post-conviction relief to receive court-appointed counsel.

• Page 15, Line 21(2) (a)  A defendant may request counsel by filing a

• Page 15, Line 22written request for counsel with the court and attaching a

• Page 15, Line 23copy of the notice received pursuant to section 16-12-306 or a

• Page 15, Line 24pleading that names a crime laboratory employee and provides

• Page 15, Line 25sufficient information for the court to find that the crime

• Page 16, Line 1laboratory is the subject of an investigation of wrongful action.

• Page 16, Line 2(b)  If a defendant files a pleading in court without

• Page 16, Line 3counsel, the court shall determine if the defendant is

• Page 16, Line 4requesting the appointment of counsel or if the defendant is knowingly and voluntarily waiving their right to counsel.

• Page 16, Line 5(3)  A public defender who has received a request for

• Page 16, Line 6assistance from a defendant who received a notice pursuant to

• Page 16, Line 7section 16-12-306, or from a defendant who can make a showing

• Page 16, Line 8that a crime laboratory employee who worked on their case is

• Page 16, Line 9the subject of an investigation of wrongful action, may request

• Page 16, Line 10appointment by the court if the defendant qualifies for representation by court-appointed counsel.

• Page 16, Line 11(4)  Upon receiving a request to appoint counsel for a

• Page 16, Line 12defendant made pursuant to this section, the court shall, in

• Page 16, Line 13accordance with section 21-1-103, appoint the public defender to

• Page 16, Line 14represent the defendant in a post-conviction matter related to

• Page 16, Line 15the wrongful action. If the public defender notifies the court of

• Page 16, Line 16a conflict of interest, the court shall appoint the office of alternate defense counsel to represent the defendant.

• Page 16, Line 1716-12-309. Discovery and expert witness disclosure -

• Page 16, Line 18procedures - construction consistent with court rules. (1) (a)  A

• Page 16, Line 19defendant has a right to discovery, including post-conviction discovery, related to the wrongful action:

• Page 16, Line 20(I)  Upon receipt of a notice of reported wrongful action described in section 16-12-306; or

• Page 16, Line 21(II)  If a court orders discovery after the defendant files

• Page 17, Line 1a pleading that names a crime laboratory employee who worked

• Page 17, Line 2on the defendant's case who is the subject of an investigation of wrongful action.

• Page 17, Line 3(b)  A defendant may request discovery by making a

• Page 17, Line 4written request to the district attorney or filing a motion with the court.

• Page 17, Line 5(c)  Upon receiving a valid discovery request or a court

• Page 17, Line 6order to provide discovery, the district attorney shall provide

• Page 17, Line 7discovery to the defendant pursuant to this section as soon as

• Page 17, Line 8practicable and on an ongoing basis through the conclusion of

• Page 17, Line 9post-conviction proceedings. The district attorney shall

• Page 17, Line 10request, pursuant to section 16-12-305(5)(b)(II),discoverable

• Page 17, Line 11material from a crime laboratory that may be in the possession

• Page 17, Line 12of the crime laboratory but has not been provided to the district attorney.

• Page 17, Line 13(2)  When discovery is required pursuant to subsection (1)

• Page 17, Line 14of this section, and upon receiving a discovery request from a

• Page 17, Line 15defendant, the district attorney shall provide the defendant copies of the following:

• Page 17, Line 16(a)  All material that was previously discovered in the

• Page 17, Line 17case that is not already in the defendant's present counsel's possession;

• Page 17, Line 18(b)  All statements, transcripts, and reports about the

• Page 17, Line 19wrongful action or investigation of the wrongful action,

• Page 17, Line 20including, but not limited to, statements, transcripts, and

• Page 17, Line 21reports from the crime laboratory, including an unredacted

• Page 17, Line 22copy of the final report, law enforcement agencies or officers,

• Page 18, Line 1and third parties contracted to investigate the wrongful action;

• Page 18, Line 2(c)  All statements, transcripts, reports, or litigation

• Page 18, Line 3packets about the handling, testing, retesting, examination, or results related to the physical evidence in the defendant's case;

• Page 18, Line 4(d)  All communications, reports, or information that

• Page 18, Line 5relates to accreditation, certification, or licensure related to,

• Page 18, Line 6or that may be affected by, the wrongful action, which includes

• Page 18, Line 7accreditation, certification, or licensure of the crime

• Page 18, Line 8laboratory or the crime laboratory employee alleged to have committed the wrongful action;

• Page 18, Line 9(e)  Crime laboratory policies and procedures that were

• Page 18, Line 10applicable during the time of the alleged wrongful action that

• Page 18, Line 11governed the handling, testing, or examination of the evidence

• Page 18, Line 12handled, tested, or examined by the crime laboratory for which

• Page 18, Line 13the crime laboratory employee alleged to have committed the wrongful action worked;

• Page 18, Line 14(f)  Any information that tends to impeach the credibility

• Page 18, Line 15or reliability of the handling, testing, or examination of the physical evidence in the case;

• Page 18, Line 16(g)  All materials or information related to the case that

• Page 18, Line 17tends to negate the guilt of the accused or would reduce the punishment of the accused; and

• Page 18, Line 18(h)  Any other material regarding the wrongful action

• Page 18, Line 19that is requested by the defendant that may be relevant to

• Page 18, Line 20demonstrating the wrongful action or materiality of the

• Page 18, Line 21wrongful action in the defendant's case.

• Page 19, Line 1(3)  Any party may file a motion for a court order to assist

• Page 19, Line 2in obtaining discovery pursuant to this section. When material

• Page 19, Line 3is reasonably believed to exist and is required to be provided

• Page 19, Line 4pursuant to this section, but has not been provided in response to proper requests, a subpoena may be issued for such material.

• Page 19, Line 5(4)  Nothing in this section prevents or limits a court from

• Page 19, Line 6ordering additional discovery pursuant to a law or court rule that authorizes a court to order discovery.

• Page 19, Line 7(5) (a)  Unless it is in conflict with a specific provision of

• Page 19, Line 8this section, rule 16 of the Colorado rules of criminal

• Page 19, Line 9procedure applies to any post-conviction proceedings under this section.

• Page 19, Line 10(b)  In post-conviction proceedings under this section, a prosecuting attorney shall perform their obligations:

• Page 19, Line 11(I)  Pursuant to subsections (2)(a), (2)(b), (2)(c), and (2)(d) of

• Page 19, Line 12this section as soon as practicable, but not later than

• Page 19, Line 13forty-five days after the prosecuting attorney receives a valid

• Page 19, Line 14discovery request or court order pursuant to subsection (1)(c) of this section; and

• Page 19, Line 15(II)  Pursuant to subsections (2)(e), (2)(f), (2)(g), and (2)(h)

• Page 19, Line 16of this section as soon as practicable, but not later than

• Page 19, Line 17thirty-five days before the evidentiary hearing regarding the post-conviction proceeding.

• Page 19, Line 18(6) (a)  With regard to all matters of discovery under this

• Page 19, Line 19section, the court may issue a protective order upon a showing

• Page 19, Line 20of cause by a party or a third party who has standing, including

• Page 19, Line 21the crime laboratory analyst accused of wrongful action, so

• Page 20, Line 1long as all material to which a party is entitled must be disclosed in time for the party to make beneficial use thereof.

• Page 20, Line 2(b)  Pursuant to subsection (6)(a) of this section, the court may enter a protective order at any time that:

• Page 20, Line 3(I)  Requires specific disclosures to be restricted or deferred;

• Page 20, Line 4(II)  Assists in ensuring materials furnished in discovery

• Page 20, Line 5are only provided to a person to prepare a claim for post-conviction relief or to prepare for trial of a case;

• Page 20, Line 6(III)  Protects the privacy rights of any person; or

• (IV)  The court deems necessary.

• Page 20, Line 7(c)  When determining whether to issue a protective order

• Page 20, Line 8involving information disclosed pursuant to this section about

• Page 20, Line 9allegations of wrongful action by a crime laboratory employee

• Page 20, Line 10that are still under investigation or that were not sustained by

• Page 20, Line 11the crime laboratory, the court shall give weight to protecting the crime laboratory employee's privacy.

• Page 20, Line 12(7) (a)  If a defendant alleges a claim of ineffective

• Page 20, Line 13assistance of counsel as part of a claim brought pursuant to

• Page 20, Line 14this section, the provisions of section 18-1-417 regarding waiver of confidentiality apply.

• Page 20, Line 15(b)  The counsel of record shall disclose any materials

• Page 20, Line 16from a prior counsel file that must be disclosed pursuant to

• Page 20, Line 17section 18-1-417 as soon as practicable upon a request from the

• Page 20, Line 18prosecution and no later than thirty-five days from the request

• Page 20, Line 19of the prosecution. The custodian may file a motion with the

• Page 20, Line 20court and the court may grant an extension to make the disclosure upon a showing of good cause.

• Page 21, Line 1(c)  After making a request pursuant to section 18-1-417

• Page 21, Line 2upon a showing of a good faith belief that material exists within

• Page 21, Line 3the scope of a claim of ineffective assistance of counsel that has

• Page 21, Line 4not been produced, the prosecution may file a motion with the

• Page 21, Line 5court seeking in camera review of material subject to a good

• Page 21, Line 6faith dispute. The prosecution shall serve any such request upon the custodian of the records.

• Page 21, Line 7(8)  Subject to constitutional limitations, the court shall

• Page 21, Line 8set a deadline at least thirty-five days prior to the evidentiary hearing for the parties to:

• Page 21, Line 9(a)  Exchange the name and address of each witness a

• Page 21, Line 10party may call at the hearing and to designate witnesses who are likely to be called; and

• Page 21, Line 11(b)  Designate a witness as an expert and designate the

• Page 21, Line 12area in which the party will seek to qualify the expert. Subject

• Page 21, Line 13to constitutional limitations, the court shall order the parties

• Page 21, Line 14to provide a report from the designated expert or summary of

• Page 21, Line 15the expert's testimony that allows the opposing party to prepare to respond to the expert's testimony.

• Page 21, Line 1616-12-310.  Petition for post-conviction relief - petition

• Page 21, Line 17requirements. (1)  Notwithstanding any other claim for

• Page 21, Line 18post-conviction relief available pursuant to federal or state

• Page 21, Line 19law, including relief available pursuant to the Colorado rules

• Page 21, Line 20of criminal procedure, a defendant who was convicted of a

• Page 21, Line 21criminal offense who receives a notice of reported wrongful

• Page 21, Line 22action pursuant to section 16-12-306 or who files a pleading

• Page 22, Line 1naming a crime laboratory employee who worked on the

• Page 22, Line 2defendant's case who is subject to an investigation of wrongful action has a right to petition for relief pursuant to this part 3.

• Page 22, Line 3(2)  To initiate a claim for post-conviction relief, the defendant shall file a petition that includes:

• Page 22, Line 4(a)  If not already filed with the court, a copy of the

• Page 22, Line 5notice received pursuant to section 16-12-306 or a statement

• Page 22, Line 6that names a crime laboratory employee who worked on the

• Page 22, Line 7defendant's case who is subject to an investigation of wrongful action;

• Page 22, Line 8(b)  A statement of the relevant procedural history of the

• Page 22, Line 9defendant's case, including the crimes for which the defendant was convicted;

• Page 22, Line 10(c)  The facts and legal basis for relief, which must

• Page 22, Line 11include sufficient allegations that, if true, entitle the defendant to relief; and

• Page 22, Line 12(d)  A description of the time limit for filing the petition.

• Page 22, Line 13(3)  A court shall permit a defendant to supplement a

• Page 22, Line 14petition with relevant factual assertions and legal authorities

• Page 22, Line 15so long as the district attorney has a fair notice and ability to respond.

• Page 22, Line 16(4)  The court may dismiss a petition for failing to

• Page 22, Line 17substantially comply with the requirements of this section but

• Page 22, Line 18only after making a finding of a substantial defect in the

• Page 22, Line 19petition and affording the defendant an opportunity to amend or supplement the petition to cure the defect.

• Page 22, Line 20(5)  After receiving a petition and any supplements or

• Page 23, Line 1amendments, the court shall order the district attorney to

• Page 23, Line 2respond to the petition within thirty-five days and afford the

• Page 23, Line 3defendant an opportunity to reply to the response within

• Page 23, Line 4twenty-one days after the district attorney's response is filed.

• Page 23, Line 5The district attorney does not have a duty to respond until

• Page 23, Line 6ordered to do so. A court may grant an extension of time for the

• Page 23, Line 7district attorney to file a response or a defendant to file a

• Page 23, Line 8reply. The district attorney's response and any reply by the

• Page 23, Line 9defendant must state factual assertions and legal authorities

• Page 23, Line 10that afford the opposing party fair notice and ability to respond.

• Page 23, Line 11(6)  After receiving the petition, a response, and any reply,

• Page 23, Line 12the court may dismiss a petition without a hearing if the petition

• Page 23, Line 13fails to state sufficient allegations that, if true, entitle the defendant to relief.

• Page 23, Line 14(7)  The court shall not deny a claim brought pursuant to

• Page 23, Line 15this section on the grounds that the wrongful action could or

• Page 23, Line 16should have been discovered through the exercise of due

• Page 23, Line 17diligence before the defendant received a notice of reported

• Page 23, Line 18wrongful action as described in section 16-12-306 (1). It is

• Page 23, Line 19presumed that prior to receiving a notice pursuant to section

• Page 23, Line 2016-12-306 (1) that the defendant and their counsel do not know

• Page 23, Line 21about the wrongful action by a crime laboratory, and that

• Page 23, Line 22presumption constitutes an objective factor, external to the

• Page 23, Line 23defense, which made raising any claim related to the wrongful action impracticable prior to receipt of the notice.

• Page 23, Line 24(8)  A claim made pursuant to this section must raise all

• Page 24, Line 1grounds for relief related to the wrongful action. After a

• Page 24, Line 2court has denied a claim made pursuant to this section, a court

• Page 24, Line 3shall deny as successive additional claims relying on the

• Page 24, Line 4wrongful action unless new evidence relating to the claim is

• Page 24, Line 5discovered that could not have been discovered through the exercise of due diligence before the denial of the prior claim.

• Page 24, Line 6(9)  Notwithstanding any other law to the contrary, a

• Page 24, Line 7court shall not deny a post-conviction claim that is unrelated

• Page 24, Line 8to wrongful action because it was not brought with a claim pursuant to this section.

• Page 24, Line 916-12-311.  Time limitation on post-conviction petition for

• Page 24, Line 10relief. (1) (a)  Notwithstanding the limitation in section 16-5-402,

• Page 24, Line 11a claim for post-conviction relief relying in whole or in part on

• Page 24, Line 12facts related to wrongful action must be commenced within the

• Page 24, Line 13applicable time period set forth in subsection (1)(b) of this

• Page 24, Line 14section, which begins to run upon actual receipt by the

• Page 24, Line 15defendant of the notice of reported wrongful action made pursuant to section 16-12-306.

• Page 24, Line 16(b)  The time period to bring a claim for relief pursuant to this part 3 is as follows:

• Page 24, Line 17All class 1 felonies:No limit

• All other felonies:Three years

• Page 24, Line 18Misdemeanors:Eighteen months

• Petty offenses:Six months

• Page 24, Line 19(2)  A court may permit a defendant to file a claim after

• Page 24, Line 20the time period described in subsection (1)(b) of this section has

• Page 24, Line 21expired only upon a showing of justifiable excuse or excusable neglect.

• Page 25, Line 2(3)  The time period described in subsection (1) of this section is tolled:

• Page 25, Line 3(a)  If a defendant is adjudicated to be incompetent, until the court finds that the defendant is restored to competency;

• Page 25, Line 4(b)  For any time period during which the trial court lacks

• Page 25, Line 5jurisdiction, including, but not limited to, any time period jurisdiction is in an appellate court due a pending appeal; and

• Page 25, Line 6(c)  For any time period during which a defendant's written

• Page 25, Line 7request for counsel made pursuant to section 16-12-308 is

• Page 25, Line 8pending until counsel is appointed or the court denies the motion.

• Page 25, Line 9(4)  If, prior to an evidentiary hearing held pursuant to

• Page 25, Line 10section 16-12-312, the prosecution raises that the petition

• Page 25, Line 11initiating a claim for post-conviction relief was not timely filed,

• Page 25, Line 12the court shall, prior to the evidentiary hearing, determine

• Page 25, Line 13whether the petition was timely filed. If the time period has

• Page 25, Line 14expired, the court shall dismiss the petition. An order dismissing

• Page 25, Line 15the petition because the time to bring the petition expired is a final appealable order.

• Page 25, Line 1616-12-312.  Evidentiary hearing on post-conviction petition for

• Page 25, Line 17relief - procedures - standards - material to the case described. (1)  If

• Page 25, Line 18the defendant's petition for post-conviction relief asserts facts

• Page 25, Line 19that, if true, demonstrate that wrongful action was material

• Page 25, Line 20to the defendant's case, the court shall decide the claim upon

• Page 25, Line 21the merits after an evidentiary hearing.

• Page 26, Line 1(2)  Upon the request of a party, the court may grant

• Page 26, Line 2additional discretionary disclosures to effectuate fair

• Page 26, Line 3preparation and presentation of evidence by the opposing party.

• Page 26, Line 4In case of late or incomplete disclosure, the court has the

• Page 26, Line 5discretion to enter orders to cure or remedy a violation of any deadlines or other discovery requirements.

• Page 26, Line 6(3)  At the evidentiary hearing, the defendant has the burden to show, by a preponderance of the evidence, that:

• Page 26, Line 7(a)  A crime laboratory employee engaged in a wrongful action; and

• Page 26, Line 8(b)  The crime laboratory employee's conduct described in subsection (3)(a) of this section is material to the case.

• Page 26, Line 9(4) (a)  If the defendant fails to meet their burden

• Page 26, Line 10pursuant to subsection (3) of this section, the court shall dismiss the claim.

• Page 26, Line 11(b)  If the defendant meets their burden pursuant to

• Page 26, Line 12subsection (3) of this section, the court shall vacate the conviction and grant a new trial.

• Page 26, Line 13(5) (a)  For the purposes of this section, wrongful action is

• Page 26, Line 14material to the case if, when considered in the totality of the case:

• Page 26, Line 15(I)  The evidence tested by the crime laboratory employee

• Page 26, Line 16or the results of testing or testimony of the crime laboratory employee is significant and important evidence in the case;

• Page 26, Line 17(II) (A)  A fact or inference in favor of guilt that resulted

• Page 26, Line 18from testing or testimony about evidence tested by the crime

• Page 27, Line 1laboratory employee was not also established by independent, reliable evidence; or

• Page 27, Line 2(B)  A fact or inference in favor of innocence based upon

• Page 27, Line 3any testing or testimony about evidence tested by the crime

• Page 27, Line 4laboratory employee was not known or presented prior to the conviction and could be presented at a new trial; and

• Page 27, Line 5(III)  There is a reasonable probability that, but for the

• Page 27, Line 6wrongful action, the results of the proceeding would have been

• Page 27, Line 7different, which is satisfied when there is evidence sufficient to undermine confidence in the verdict or guilty plea.

• Page 27, Line 8(b)  As long as the requirements of subsection (5)(a) of this

• Page 27, Line 9section are satisfied, wrongful action may be material to the

• Page 27, Line 10case if the wrongful action significantly impeaches or casts

• Page 27, Line 11doubt upon the accuracy of physical evidence testing, the

• Page 27, Line 12presentation of test results, testimony about the testing or

• Page 27, Line 13physical evidence by a crime laboratory employee or other witness.

• Page 27, Line 14(6)  A ruling granting or a denying a new trial after an evidentiary hearing is a final appealable order.

• Page 27, Line 15SECTION 2.  In Colorado Revised Statutes, 24-4.1-302.5, add (1)(b.10) as follows:

• Page 27, Line 1624-4.1-302.5.  Rights afforded to victims - definitions. (1)  In

• Page 27, Line 17order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:

• Page 27, Line 18(b.10)  The right to be informed, pursuant to section

• Page 27, Line 1916-12-307, of wrongful action by a crime laboratory employee in

• Page 27, Line 20a case involving a crime listed in section 24-4.1-302 (1).

• Page 28, Line 1SECTION 3.  In Colorado Revised Statutes, 24-72-303, amend (4)(g); and add (4)(a.5) as follows:

• Page 28, Line 224-72-303.  Records of official actions required - open to

• Page 28, Line 3inspection - applicability. (4) (a.5) (I)  Upon completion of a final

• Page 28, Line 4report which concludes a crime laboratory employee engaged

• Page 28, Line 5in wrongful action, as described in section 16-12-305 (5)(b), the

• Page 28, Line 6final report is open for public inspection, and if the requester

• Page 28, Line 7requests access to report, the custodian shall provide access to

• Page 28, Line 8the final report subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section.

• Page 28, Line 9(II)  Notwithstanding the provisions of subsection

• Page 28, Line 10(4)(a.5)(I) of this section, the custodian of a final report that

• Page 28, Line 11concludes that a crime laboratory employee engaged in

• Page 28, Line 12wrongful action may deny inspection of the report if there is an

• Page 28, Line 13ongoing criminal investigation or criminal case against a crime

• Page 28, Line 14laboratory employee related to the subject of the wrongful

• Page 28, Line 15action. The final report file must be open for public inspection

• Page 28, Line 16upon the dismissal of all charges or upon a sentence for a conviction.

• Page 28, Line 17(g)  Notwithstanding the provisions of subsections (4)(a), (4)(a.5),

• Page 28, Line 18and (4)(e) of this section, the custodian of an internal investigation file as

• Page 28, Line 19described in subsection (4)(a) of this section or a final report as

• Page 28, Line 20described in subsection (4)(a.5) of this section may deny inspection

• Page 28, Line 21of the file if the inspection is prohibited by rules promulgated adopted by the Colorado supreme court or by a court order.

• Page 28, Line 22SECTION 4.  Appropriation. (1)  For the 2025-26 state fiscal

• Page 28, Line 23year, $140,443 is appropriated to the judicial department for use by the

• Page 29, Line 1state courts. This appropriation is from the general fund. To implement this act, the state courts may use this appropriation as follows:

• Page 29, Line 2(a)  $16,840 for use by state courts administration for capital outlay; and

• Page 29, Line 3(b)  $123,603 for use by the trial courts for trial court programs,

• Page 29, Line 4which amount is based on an assumption that the trial courts will require an additional 1.1 FTE.

• Page 29, Line 5SECTION 5.  Applicability. This act applies to claims for relief

• Page 29, Line 6filed on or after the effective date of this act that are based on knowing

• Page 29, Line 7misconduct or a significant event, as defined in this act, that occurred before, on, or after the effective date of this act.

• Page 29, Line 8SECTION 6.  Safety clause. The general assembly finds,

• Page 29, Line 9determines, and declares that this act is necessary for the immediate

• Page 29, Line 10preservation of the public peace, health, or safety or for appropriations for

• Page 29, Line 11the support and maintenance of the departments of the state and state institutions.