Colorado 2020 Regular Session Status: Passed House 1 R cosponsors

HB 20-1102 — Requirements For Jailhouse Witness Testimony

Last action — Senate Committee on Judiciary Postpone Indefinitely

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The bill requires each district attorney's office to maintain a central record that tracks each case in which a jailhouse witness is endorsed by the state to testify against a suspect or defendant's interest. Each district attorney's office shall send the information to the Colorado district attorneys' council, which shall maintain a statewide record of the information division of criminal justice in the department of public safety on a monthly basis to be maintained in a centralized statewide record that is available to district attorneys throughout the state . The information is not subject to open records requests. A district attorney shall disclose all jailhouse witnesses who have been endorsed by the state and specified information pursuant to rule 16 of the Colorado rules of criminal procedure. In a criminal prosecution for homicide or sexual assault in which the state intends to introduce the testimony of a jailhouse witness, upon a motion of the defendant, the court shall conduct a pre-trial hearing to determine whether the jailhouse witness's testimony is admissible based upon specified factors. Unless the district attorney shows by a preponderance of the evidence that the jailhouse witness's testimony is reliable based on the specified factors, the court shall not allow the testimony to be heard at trial. If a jailhouse witness's testimony is admitted into evidence, the court shall may instruct the jurors to consider specific factors when assessing the jailhouse witness's testimony. If a jailhouse witness receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify the victim. The bill appropriates $16,860 from the general fund to the department of public safety which is reappropriated to the office of information technology for information technology services to implement the act. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill Text

What changed in the latest version

22 added · 15 removed

Plain-language change summary

The amendment changes the heading from "ENGROSSED" to "REENGROSSED" and updates the acknowledgement of all amendments from "on Second Reading" to "in the House of Introduction." It specifies that the Colorado district attorneys' council will keep a statewide record, but the core process remains unchanged. This difference in wording clarifies the legislative process and tracking of amendments, while the record-keeping responsibility stays the same.

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Latest
Second Regular Session Seventy-second General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
Second Regular Session Seventy-second General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
20-0824.01 Michael Dohr x4347 HOUSE BILL 20-1102 HOUSE SPONSORSHIP Tipper and Soper, SENATE SPONSORSHIP Lee and Priola, House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT C ONCERNING REQUIRED PROCEDURES TO PROTECT THE DEFENDANT WHEN JAILHOUSE WITNESSES ARE USED IN A CRIMINAL CASE , AND ,INCONNECTIONTHEREWITH ,MAKINGANAPPROPRIATION .
20-0824.01 Michael Dohr x4347 HOUSE BILL 20-1102 HOUSE SPONSORSHIP TipperandSoper, Buckner,Duran,Gonzales-Gutierrez,Herod,Kennedy,Singer,Valdez A., Weissman, Woodrow SENATE SPONSORSHIP Lee and Priola, House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT C ONCERNING REQUIRED PROCEDURES TO PROTECT THE DEFENDANT WHEN JAILHOUSE WITNESSES ARE USED IN A CRIMINAL CASE , AND ,INCONNECTIONTHEREWITH ,MAKINGANAPPROPRIATION .
Bill Summary (Note:
Bill Summary d (Note:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Thebillrequireseachdistrictattorney'sofficetomaintainacentral record that tracks each case in which a jailhouse witness is endorsed by the state to testify against a suspect or defendant's interest.
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 2 E a 2 passes third reading in the house of introduction, a bill summary that S U 4 applies to the reengrossed version of this bill will be available at O i h H a a http://leg.colorado.gov.) R M r Thebillrequireseachdistrictattorney'sofficetomaintainacentral record that tracks each case in which a jailhouse witness is endorsed by the state to testify against a suspect or defendant's interest.
Each district attorney's office shall send the information to the Colorado district i 0 a 0 attorneys' council, which shall maintain a statewide record of the S R , O n h Shading denotes HOUSE amendment.
Each district n attorney's office shall send the information to the Colorado district d 2 attorneys' council, which shall maintain a statewide record of the E e 2 U d 3 O 2 c Shading denotes HOUSE amendment.
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existing sdatute.
H d a Capital letters or bold & italic numbers indicate new material to be added to existing statude.M Dashes through the words indicate deletions from existing statute.
Dashes through the words indicate deletions from existing statute.
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Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Senate Committee on Judiciary Postpone Indefinitely

  2. Introduced In Senate - Assigned to Judiciary

  3. House Third Reading Passed - No Amendments

  4. House Second Reading Passed with Amendments - Committee, Floor

  5. House Committee on Appropriations Refer Amended to House Committee of the Whole

  6. House Second Reading Special Order - Laid Over Daily - No Amendments

  7. House Committee on Judiciary Refer Amended to Appropriations

  8. Introduced In House - Assigned to Judiciary + Appropriations

Sponsors

  • Kevin Priola · Primary
  • Pete Lee · Primary
  • Matt Soper · Primary
  • Kerry Tipper · Primary

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 98 not signed on · 9 voted No

Sponsors (4)

  • Kevin Priola
  • Pete Lee
  • Matt Soper Republican
  • Kerry Tipper

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 37 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 222100
Republican 1500
Democrat 14101
Total 372701
% of votes cast 57%42%0%2%
How each member voted (65)
Member Party Vote
Arndt — Yea
Bird — Yea
Bockenfeld — Nay
Buck — Nay
Buckner — Yea
Buentello — Yea
Caraveo — Yea
Carver — Nay
Champion — Nay
Esgar — Yea
Garnett — Yea
Geitner — Nay
Gonzales-Gutierrez — Yea
Gray — Nay
Herod — Yea
Holtorf — Nay
Hooton — Yea
Humphrey — Nay
Kraft-Tharp — Yea
Landgraf — Nay
Larson — Nay
Lontine — Yea
McKean — Nay
McLachlan — Nay
Melton — Yea
Neville — Nay
Pelton — Nay
Ransom — Nay
Saine — Nay
Sandridge — Nay
Singer — Yea
Tipper — Yea
Valdez A. — Yea
Will — Nay
Young — Yea
Becker — Yea
Adrienne Benavidez — Yea
Jaquez Lewis — Yea
Michaelson Jenet — Yea
Valdez D. — Nay
Van Winkle — Nay
Williams D. — Nay
deGruy Kennedy — Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Nay
Emily Sirota Democrat Yea
James Coleman Democrat Yea
Jamie Jackson Democrat Not Voting
Julie McCluskie Democrat Yea
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Janice Rich Republican Nay
Larry Liston Republican Nay
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Nay
Mark Baisley Republican Nay
Matt Soper Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 20-1102 do?
The bill requires each district attorney's office to maintain a central record that tracks each case in which a jailhouse witness is endorsed by the state to testify against a suspect or defendant's interest. Each district attorney's office shall send the information to the Colorado district attorneys' council, which shall maintain a statewide record of the information division of criminal justice in the department of public safety on a monthly basis to be maintained in a centralized statewide record that is available to district attorneys throughout the state . The information is not subject to open records requests. A district attorney shall disclose all jailhouse witnesses who have been endorsed by the state and specified information pursuant to rule 16 of the Colorado rules of criminal procedure. In a criminal prosecution for homicide or sexual assault in which the state intends to introduce the testimony of a jailhouse witness, upon a motion of the defendant, the court shall conduct a pre-trial hearing to determine whether the jailhouse witness's testimony is admissible based upon specified factors. Unless the district attorney shows by a preponderance of the evidence that the jailhouse witness's testimony is reliable based on the specified factors, the court shall not allow the testimony to be heard at trial. If a jailhouse witness's testimony is admitted into evidence, the court shall may instruct the jurors to consider specific factors when assessing the jailhouse witness's testimony. If a jailhouse witness receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify the victim. The bill appropriates $16,860 from the general fund to the department of public safety which is reappropriated to the office of information technology for information technology services to implement the act. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Who sponsors HB 20-1102?
HB 20-1102 is sponsored by Kevin Priola, Pete Lee, Matt Soper (Republican), and Kerry Tipper.
What is the current status of HB 20-1102?
This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 20-1102?
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