HB 25-1114

House Bill 25-1114, now signed into law in Colorado, ensures that defense attorneys can review physical evidence related to a criminal case at least 35 days before trial. This applies to most cases but excludes those involving sexually exploitative material. Law enforcement must be present during the review to maintain the integrity of the evidence and may record these sessions for security purposes. The law also clarifies that when defense teams are reviewing evidence, any incidental recordings made by police body cameras do not count as interactions with law enforcement. This bill helps ensure a fair trial process by giving defendants more time to examine crucial evidence before their case goes to court.

Official Summary

The act grants a right for defense counsel to review a tangible object related to a criminal case at least 35 days before a trial, except for cases involving sexually exploitative material, and create confidential work product following their review. Law enforcement shall designate a specific location for the evidence viewing and be present during the evidence viewing to ensure chain of custody and integrity of the evidence. The act does not limit the defense's ability to request testing or a hearing, or the court's ability to conduct a hearing, on a tangible piece of evidence. Law enforcement officers and other state officials may record an evidence viewing by either the prosecution or the defense for the purpose of ensuring the chain of custody, integrity, or safety of the evidence held by the law enforcement agency, and must provide notice to the prosecuting authority and defense if a recording occurs. Law enforcement may view the recording for purposes of organization or cataloguing the evidence, or as authorized by a court order. A trial court may enter protective orders relating to a recording of an evidence viewing. When a member of the defense team is viewing evidence and is incidentally recorded on a law enforcement body-worn camera, it is not an interaction with law enforcement for purposes of the body-worn camera statute and is not for the purpose of enforcing the law or investigating possible violations of the law. (Note: This summary applies to this bill as enacted.)

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