FirstHB1182_S_JUD.001 RegularSENATE SessionCOMMITTEE Seventy-fourthOF GeneralREFERENCE AssemblyREPORT STATE_______________________________ OFApril COLORADO26, ENGROSSED2023 ThisChair Versionof IncludesCommittee AllDate AmendmentsCommittee Adopted on SecondJudiciary. Reading in the House of Introduction LLS NO.

23-0639.01After Jerryconsideration Barryon x4341the HOUSEmerits, BILLthe 23-1182Committee HOUSErecommends SPONSORSHIPthe Eppsfollowing: and Mabrey, Bacon, Garcia, Marshall, Sharbini, Woodrow SENATE SPONSORSHIP Fields and Gardner, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING A REQUIREMENT FOR REMOTE PUBLIC ACCESS TO OBSERVE CRIMINAL COURT PROCEEDINGS .

BillHB23-1182 Summarybe (Note:amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:

ThisAmend 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 versionbill, ofpage this3, billline will10, beafter available"M at," http://leg.colorado.gov.)inserOR TheON billTHE requiresCOURT all'S courtsOWN inMOTION Colorado,". to provide remote access forthepublictoobserveanycriminalcourtproceedingconductedinopen court, unless the court does not have the technologyavailable to do so or thecourthasorderedthatthepublicisexcludedfromtheproceeding.The bill also requires the court to post links on its website for the remote i 3 observation.

IfPage a5, courtafter doesline not18 haveinsert: the technology to allow remote a 0 S R , O n 1 Shading denotes HOUSE amendment.

Double"(g) underliningT denotesHIS SENATESUBSECTION amendment.(3.5)DOES NOT APPLY TO JUVENILE DELINQUENCY CASES PURSUANT TO TITLE 19 OR TO CASES IN WHICH A JUVENILE HAS BEEN CHARGED BY DIRECT FILING OF INFORMATION OR AN INDICTMENTINDISTRICTCOURTPURSUANTTOSECTION 19-2.5-801UNTIL THE COMPLETION OF A PRELIMINARY HEARING AND COMPLETION OF ANY HEARING REQUESTING TO TRANSFER THE CASE TO JUVENILE COURT PURSUANT TO SECTION 19-2.5-801 (4).".

H** 2*** r** Capital*** letters** or bold & italic numbers indicate new material to be added to existing ldw.

Dashes through the words or numbers indicate deletions from existing law.

e m A observation to the public but later obtains such technology, the bill requires the court to comply with the bill within 90 days after obtaining the necessary technology.

Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

Legislativedeclaration.(1) Thegeneralassembly finds and declares that:

(a) It is the public policy of the state of Colorado to maximize transparency and accessibility of criminal court proceedings;

(b) The Colorado judicial branch increased transparencyin 2020 when it facilitated expanded access to remote observation of criminal court proceedings in every judicial district;

(c) Continued access to remote court observation remains inconsistentandunpredictable,bothwithinandbetweenjurisdictions;and (d) All Coloradans benefit from consistent, predictable access to observe criminal court proceedings remotely.

(2) Therefore, it is the intent of the general assembly to increase transparency and ensure consistent, predictable statewide access for the public to remotely observe criminal proceedings held in open court.

SECTION 2.

In Colorado Revised Statutes, 13-1-132, add (3.5) as follows:

13-1-132.

Use of interactive audiovisual devices and communication technology in court proceedings.

(3.5) (a) A LL C OLORADO COURTS ,INCLUDING MUNICIPAL COURTS ,SHALL MAKE ANY CRIMINAL COURT PROCEEDING CONDUCTED IN OPEN COURT AVAILABLE FOR REMOTE PUBLIC VIEWING AND LISTENING IN REAL TIME,AT NO COST TO THE PUBLIC,THROUGH AN ONLINE PLATFORM ,WHICH MAY INCLUDE A PARTICIPATORYWEBCONFERENCINGPLATFORM ,ANDPOSTPROMINENTLY -2- 1182 ONTHECOURT SWEBSITETHELINKSFORREMOTEOBSERVATION ,UNLESS :

(I)THECOURTROOMDOESNOTHAVESUFFICIENTTECHNOLOGICAL CAPABILITY SUCH AS A PARTICIPATORY WEB CONFERENCING PLATFORM , TO MAKE SUCH PROCEEDINGS AVAILABLE TO THE PUBLIC FOR REMOTE OBSERVATION ;

(II)M EMBERS OF THE PUBLIC HAVE BEEN EXCLUDED FROM THE CRIMINAL PROCEEDING BY ORDER OF THE COURT ;

(III) TECHNOLOGY ,STAFFING ,OR INTERNET ISSUES LIMIT OR PREVENT REMOTE OBSERVATION ;OR (IV) A FTER A REQUEST BY A PARTY ,WITNESS,OR VICTIM ,THE COURT MAKES FINDINGS ON THE RECORD BASED ON THE PARTICULAR FACTS AND CIRCUMSTANCES OF THE CASE THAT :

(A) T HERE IS A REASONABLE LIKELIHOOD REMOTE OBSERVATION OFLIVEPROCEEDINGSRISKSCOMPROMISINGTHESAFETYOFANYPERSON , THE DEFENDANT S RIGHT TO A FAIR TRIAL ,OR THE VICTIM S RIGHTS PURSUANT TO SECTION 24-4.1-302.5 (1)(aAND (B) THEREISNOLESSRESTRICTIVEALTERNATIVETHATPRESERVES THE PUBLIC INTEREST IN REMOTE OBSERVATION WHILE MITIGATING THE IDENTIFIED RISK.

S USED IN THIS SUBSECTION (3.5)(a)(IV)(B)LESS RESTRICTIVE ALTERNATIVE "INCLUDES ALLOWING REMOTE AUDIO ONLY OBSERVATION WHILE DISABLING VIDEO OBSERVATION OR TURNING OFF REMOTE OBSERVATION FOR PARTICULAR WITNESSES OR DISCRETE PORTIONS OF THE PROCEEDING .

(b) ASUSEDINTHISSECTION ,RISKSCOMPROMISINGTHESAFETY " INCLUDERISKSTOPHYSICALANDEMOTIONALSAFETY ,INTIMIDATIONAND HARASSMENT .

(c) WHENALLOWINGREMOTEOBSERVATION ,COURTSSHALLTAKE -3- 1182 REASONABLESTEPSTOENSURETHEREISNOAUDIOORVISUALRECORDING , INCLUDING PHOTOGRAPHY OR SCREENSHOTS OF THE PROCEEDINGS , WITHOUT EXPLICIT PERMISSION OF THE COURT .

A S USED IN THIS SUBSECTION (3.5)(c)REASONABLESTEPS "MUSTINCLUDEANON -SCREEN WARNINGTHATANYRECORDINGOFTHEPROCEEDINGSWITHOUTACOURT ORDER ,INCLUDINGANYSCREENCAPTURE ,PHOTOGRAPH ORAUDIOVISUAL RECORDING ISPROHIBITED."REASONABLESTEPS "MAYALSOINCLUDETHE COURT ISSUING AN ADDITIONAL VERBAL OR ON-SCREEN WARNING AND PROHIBITINGREMOTEOBSERVATIONBYSPECIFICINDIVIDUALSWHOMTHE COURT HAS REASON TO BELIEVE MAY VIOLATE THIS RUL.

(d) WHENALLOWINGREMOTEOBSERVATION COURTSSHALLTAKE REASONABLE STEPS TO ENSURE NO AUDIO OR VISUAL TRANSMISSION OF PRIVILEGED, CONFIDENTIAL COMMUNICATIONS OCCURS .

TO HELP FACILITATE PRIVILEGED, CONFIDENTIAL COMMUNICATIONS IN THE COURTROOM ,COURTS SHALL NOTIFY PARTIES AND ATTORNEYS OF THE LOCATIONOFMICROPHONESANDANYABILITYTOMUTEMICROPHONES .F THECOURTBECOMESAWARETHATSUCHTRANSMISSIONSOCCURRED ,THE COURT SHALL WORK WITH THE PARTIES AND ATTORNEYS TO PREVENT REOCCURRENCE .

(e) IF A PROCEEDING SUBJECT TO A SEQUESTRATION ORDER IS MADE AVAILABLE FOR PUBLIC REMOTE OBSERVATION,THE COURT SHALL TAKE REASONABLE STEPS TO ENSURE COMPLIANCE WITH THE SEQUESTRATION ORDER AND ENSURE THE RIGHT TO A FAIR TRI,WHICH MAY INCLUDE :

(I) NNOUNCINGTHE SEQUESTRATIONORDERASFREQUENTLYAS NECESSARY IN OPEN COURT;

(II) EQUIRINGOBSERVERSTOIDENTIFYTHEMSELVESTOENSURE -4- 1182 NONE ARE POTENTIAL WITNESSES AND THAT ANY OBSERVERS WHO ARE FORBIDDEN FROM DISCUSSING THE CASE WITH WITNESSES KNOW OFTHAT OBLIGATION ;

(III) AT THE REQUEST OF A PARTY,ALLOWING THE COURT OR PARTY TO INQUIRE OF ANY WITNESS,WHILE UNDER OATH AND OUTSIDE THE PRESENCE OF THE JURY,IF THE WITNESS WATCHED ANY PORTION OF THE PROCEEDING OR DISCUSSED ANY PORTION OF THE PROCEEDING WITH ANYONE PRIOR TO TESTIFYING;AND (IV) TERMINATING REMOTE OBSERVATION TO PROTECT THE PARTIES'RIGHT TO A FAIR TRIAL OR TO ENSURE COMPLIANCE WITH THE SEQUESTRATION ORDER .

(f) FOR CRIMINAL COURTS THAT DO NOT HAVE SUFFICIENT EXISTINGSTAFFORTECHNOLOGICALCAPABILITIESTOMAKEPROCEEDINGS AVAILABLEFORREMOTEOBSERVATIONASOFTHEEFFECTIVEDATEOFTHIS SUBSECTION (3.5),IF THE COURT SUBSEQUENTLY OBTAINS SUCH STAFF AND CAPABILITIES,THE COURT MUST COMPLY WITH THE PROVISIONS OF THIS SECTION WITHIN NINETY DAYS AFTER OBTAINING SUCH STAFF AND CAPABILITIES.

SECTION3.

InColoradoRevisedStatutes,amend13-10-103as follows:

13-10-103.

Applicability.