HB 23-1182

House Bill 23-1182, also known as the Remote Public Access To Criminal Court Proceedings Act, requires Colorado courts to provide remote access for the public to watch criminal court proceedings unless certain exceptions apply. These exceptions include when the court lacks necessary technology or if remote observation could compromise safety or trial fairness. The bill mandates that courts post links on their websites for remote viewing and ensures measures are in place to protect confidential communications and comply with sequestration orders. Signed into law by the governor on June 7, 2023, the act will take effect on September 1, 2023, allowing the public greater access to criminal court proceedings via remote means starting then.

Official Summary

The act requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless: The court does not have the technology available to do so; The court has ordered that the public is excluded from the proceeding; Technology, staffing, or internet issues limit or prevent remote observation; or After a request or on the court's own motion, the court makes findings that: The remote observation of live proceedings risks compromising the safety of any person, the defendant's right to a fair trial, or the victim's rights; and There is no less restrictive alternative that preserves the public interest in remote observation. The act also requires the court to post links on its website for the remote observation. The also act requires the court to: Take reasonable steps to ensure that no audio or visual transmission of privileged, confidential communications occurs; and If a proceeding is subject to a sequestration order, take reasonable steps to ensure compliance with the sequestration order. If a court does not have sufficient existing staff or technology to allow remote observation to the public but later obtains such staff or technology, the act requires the court to comply with the act within 90 days after obtaining the necessary staff or technology. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

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