Amendments for SB16-132
Senate Journal, March 1
After consideration on the merits, the Committee recommends that SB16-132 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 1, strike "BAC AND DRUG" and
substitute "BREATH ALCOHOL".
Senate Journal, March 8
SB16-132 by Senator(s) Cooke; also Representative(s) Foote--Concerning clarifying that test results
relating to certain DUI offenses are not public information.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, March 1, page(s) 315 and placed in members' bill files.)
Amendment No. 2 (L.003), by Senator Cooke.
Amend printed bill, page 2, line 23, after "CONTAINING" insert "PERSONAL IDENTIFYING
INFORMATION RELATING TO".
Page 3, strike lines 1 through 4 and substitute "PERSONS' BREATH ALCOHOL CONTENT, AND
ALL PERSONAL IDENTIFYING INFORMATION THEREOF, ARE NOT PUBLIC INFORMATION. THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL DISCLOSE SUCH INFORMATION
ONLY TO:".
Page 3, line 6, strike the second "OR".
Page 3, strike line 9 and substitute:
"LEGAL REPRESENTATIVE; OR
(C) ANY PROSECUTING ATTORNEY, LAW ENFORCEMENT OFFICER, STATE AGENCY, OR STATE
AND LOCAL PUBLIC OFFICIAL LEGALLY AUTHORIZED TO UTILIZE SUCH INFORMATION TO
CARRY OUT HIS OR HER DUTIES.
(IV) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY RELEASE
NON-PERSONAL IDENTIFYING INFORMATION FROM THE DATABASE IN ACCORDANCE WITH
SECTIONS 24-72-101 TO 24-72-402, C.R.S.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 22
42 SB16-132 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45
46 Amend reengrossed bill, page 3, line 10, strike "OR".
47
48 Page 3, strike line 14 and substitute "DUTIES; OR
49 (D) ANY PARTY WHO OBTAINS AN ORDER IN A PENDING CIVIL OR
50 CRIMINAL CASE IF THE COURT FINDS THE PARTY HAS SHOWN GOOD CAUSE
51 TO HAVE THE INFORMATION. IN DETERMINING WHETHER THERE IS GOOD
52 CAUSE, THE COURT SHALL CONSIDER WHETHER THE MATERIALS SOUGHT
53 EXIST; WHETHER THE MATERIALS SOUGHT ARE EVIDENTIARY AND
54 RELEVANT; WHETHER THE MATERIALS ARE NOT OTHERWISE PROCURABLE
55 REASONABLY IN ADVANCE OF THE PROCEEDING BY THE EXERCISE OF DUE
56 DILIGENCE; WHETHER THE PARTY CANNOT PROPERLY PREPARE FOR THE
1 PROCEEDING WITHOUT SUCH PRODUCTION AND INSPECTION IN ADVANCE
2 OF THE PROCEEDING, AND THE FAILURE TO OBTAIN SUCH INSPECTION MAY
3 TEND TO UNREASONABLY DELAY THE PROCEEDING; AND WHETHER THE
4 REQUEST FOR THE INFORMATION IS MADE IN GOOD FAITH AND IS NOT FOR
5 THE PURPOSES OF GENERAL DISCOVERY.".
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