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Legislative Year: 2020 Change
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Bill Detail: HB20-1102

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Title Requirements For Jailhouse Witness Testimony
Status Introduced In Senate - Assigned to Judiciary (03/05/2020)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors K. Tipper (D)
M. Soper (R)
Senate Sponsors K. Priola (R)
P. Lee (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/14/2020
Description

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. 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 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.

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with Amendments
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Fiscal Notes Fiscal Notes (03/25/2020) (most recent)  
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