Bill > HB1114

This bill establishes new legal provisions for how criminal defense teams can review tangible physical evidence held by law enforcement. Specifically, the bill grants the defense the right to view and inspect any physical evidence related to a case at a location designated by law enforcement, with the requirement that this must occur no later than 35 days before trial. During the evidence inspection, a law enforcement representative must be present to document the chain of custody, and the defense must be allowed confidential conversations and the ability to create confidential work product. The bill also includes important restrictions on recording these evidence viewings: while law enforcement can record such viewings, these recordings cannot be placed in discovery or reviewed by law enforcement or prosecution unless a court orders it due to concerns about evidence integrity. Additionally, the bill explicitly prohibits peace officers from using body-worn or dash cameras to record or capture the defense's evidence viewing process. The legislation is designed to ensure fair access to evidence for criminal defendants while maintaining the integrity of the evidence and protecting the defense team's preparatory work. The bill will take effect on July 1, 2025, and does not apply to sexually exploitative materials.

Justice

https://leg.colorado.gov/bills/hb25-1114