Amendments for SB22-049
Senate Journal, February 16
After consideration on the merits, the Committee recommends that SB22-049 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend page 2, strike lines 14 and 15 and substitute:
"(oo) CRIMINAL INVASION OF PRIVACY, IN VIOLATION OF SECTION
18-7-801.".
Page 3, line 3, strike "PERSONAL, CONFIDENTIAL, OR".
Page 3, line 22, strike "a AN UNREDACTED," and substitute "a".
Page 4, line 6, strike "THE INITIAL REPORT" and substitute "THE LAW
ENFORCEMENT AGENCY".
Page 4, line 8, strike "REPORT." and substitute "REPORT AND ANY PERSONAL
IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO SOCIAL SECURITY
NUMBERS, DRIVER'S LICENSE NUMBERS, TELEPHONE NUMBERS, E-MAIL
ADDRESSES, AND PHYSICAL ADDRESSES RELATED TO PARTIES OR WITNESSES IN
THE CASE. THE INVESTIGATING LAW ENFORCEMENT AGENCY SHALL NOTIFY THE
DISTRICT ATTORNEY OF THE INFORMATION THE VICTIM RECEIVED IN THE
INCIDENT REPORT AND WHEN IT WAS PROVIDED TO THE VICTIM. THE DISTRICT
ATTORNEY SHALL PROVIDE THIS INFORMATION TO ANY DEFENDANT INVOLVED
IN THE CASE THROUGH THE DISCOVERY PROCESS.".
Page 4, line 18, strike "PERSONAL, CONFIDENTIAL, OR".
Page 5, line 25, strike "PRISON" and substitute "THE DEPARTMENT OF
CORRECTIONS".
Page 9, line 5, strike "THE COURT SHALL WORK".
Page 9, strike lines 6 through 8 and substitute "THE DISTRICT ATTORNEY MUST
UNDERTAKE BEST EFFORTS TO PRIORITIZE THE TIMING OF THE VICTIM'S
TESTIMONY AND MINIMIZE THE AMOUNT OF TIME THE VICTIM IS SEQUESTERED
FROM THE CRITICAL STAGES IN THE CASE.".
Page 9, line 16, strike "PRISON" and substitute "THE DEPARTMENT OF
CORRECTIONS".
Page 11, line 10, strike "PERSONAL, CONFIDENTIAL, OR".
Page 11, line 24, strike "PERSONAL OR CONFIDENTIAL" and substitute
"PRIVILEGED".
Page 11, line 25, after "SHALL" insert "ALSO".
Page 14, strike lines 15 through 17 and substitute:
(h) (IV) If victim notification is required, the probation officer UNLESS
THE VICTIM HAS OPTED OUT OF VICTIM NOTIFICATIONS FROM COMMUNITY
CORRECTIONS, THE COMMUNITY CORRECTIONS PROGRAM AGENT FOR THE
COMMUNITY CORRECTIONS PROGRAM shall provide".
Page 14, line 21, strike "SECTION 24-4.1-302 (1), IN A" and substitute "SECTION
24-4.1-302 (1). THE COMMUNITY CORRECTIONS PROGRAM AGENT FOR THE
COMMUNITY CORRECTIONS PROGRAM SHALL NOTIFY THE PROBATION
DEPARTMENT OF THE VICTIM'S POSITION, AND THE PROBATION DEPARTMENT
SHALL PROVIDE TIMELY NOTIFICATION TO THE COMMUNITY CORRECTIONS
PROGRAM OF THE HEARING DATE, IF A HEARING IS SET. REGARDLESS OF
WHETHER A HEARING IS SET, THE PROBATION DEPARTMENT SHALL NOTIFY THE
COMMUNITY CORRECTIONS PROGRAM OF THE OUTCOME OF THE OFFENDER'S
MOTION FOR EARLY TERMINATION OF A DIRECT SENTENCE TO THE COMMUNITY
CORRECTIONS PROGRAM AND THE COMMUNITY CORRECTIONS PROGRAM AGENT
SHALL NOTIFY THE VICTIM.".
Page 14, strike lines 22 through 26.
Renumber succeeding section accordingly.
House Journal, April 13
23 SB22-049 be amended as follows, and as so amended, be referred to
24 the Committee of the Whole with favorable
25 recommendation:
26
27 Amend reengrossed bill, page 3, strike line 21 and substitute "(2)(n),
28 (2)(p), (2)(q), (2)(r), and (2)(u);".
29
30 Page 11, strike lines 14 through 17 and substitute:
17 31 "(14.5) (a.5) A PARTY ISSUING A SUBPOENA PURSUANT TO RULE
32 OF THE COLORADO RULES OF CRIMINAL PROCEDURE FOR THE PRODUCTION
33 OF THE PRIVILEGED RECORDS OF A VICTIM PURSUANT TO SECTION
34 13-90-107 OR A SUBPOENA REQUESTING THE COMPENSATION RECORDS OF
35 A VICTIM PURSUANT TO SECTION 24-4.1-107.5 SHALL FILE WITH THE
36 COURT AND SERVE ON ANY OPPOSING PARTY:
37 (I) A COPY OF THE SUBPOENA;
38 (II) A CERTIFICATE STATING THAT THE PARTY HAS A GOOD-FAITH
39 BELIEF THAT THERE IS A LAWFUL BASIS FOR ISSUING THE SUBPOENA;
40 (III) A COPY OF THE WRITTEN NOTICE SERVED ON RECIPIENTS THAT
41 ADVISES THAT A PARTY MAY NOT RELEASE RECORDS UNTIL THE COURT
42 ORDERS THE RELEASE OF THE RECORDS AT A HEARING AND THAT A PARTY
43 MAY ONLY PROVIDE THE RECORDS TO THE COURT IF THE COURT ORDERS
44 THE PARTY TO RELEASE THE RECORDS; AND
45 (IV) A MOTION STATING THE PARTY'S LAWFUL BASIS FOR THE
46 SUBPOENA AND, IF SUBJECT TO A CLAIM OF PRIVILEGE PURSUANT TO
47 SECTION 13-90-107, A GOOD-FAITH CLAIM THAT THE VICTIM HAS
48 EXPRESSLY OR IMPLIEDLY WAIVED ANY PRIVILEGE TO ALLOW THE COURT
49 TO PROPERLY RECEIVE THE RECORDS.".
50
51 Page 11, strike line 27 and substitute "COURT SHALL QUASH ANY
52 SUBPOENA AND SHALL NOT RECEIVE ANY RECORDS PROTECTED BY
53 PRIVILEGE PURSUANT TO SECTION 13-90-107 UNLESS THE COURT FINDS,
1 BASED UPON EVIDENCE, THAT A VICTIM EXPRESSLY OR IMPLIEDLY WAIVED
2 THE STATUTORY PRIVILEGE. IN CONSIDERING WHETHER TO RECEIVE AND
3 RELEASE ANY RECORDS RELATING TO THE VICTIM, THE COURT SHALL
4 DETERMINE WHETHER:".
5
6 Page 12, strike lines 1 through 5.
7
8 Page 12, after line 21 insert:
9 "(III) IF AFTER THE HEARING, THE COURT ORDERS THE PRODUCTION
10 OF RECORDS, THE COURT SHALL ENTER ORDERS TO SET A TIMELINE OF NO
11 LESS THAN SEVEN DAYS FOR THE PARTY TO ARRANGE PRODUCTION OF THE
12 RECORDS TO THE COURT; EXCEPT THAT THE COURT MAY ORDER
13 PRODUCTION IN LESS THAN SEVEN DAYS TO AVOID THE DELAY OF A JURY
14 TRIAL.".
15
16 Page 14, lines 19 and 20, strike "PROVIDE VICTIM NOTIFICATIONS
17 PURSUANT TO PART 3 OF ARTICLE 4.1 OF TITLE 24,".
18
19
House Journal, April 13
35 Amendment No. 1, Judiciary Report, dated April 13, 2022, and placed in
36 member’s bill file; Report also printed in House Journal, April 14, 2022.
37
38 As amended, ordered revised and placed on the Calendar for Third
39 Reading and Final Passage.
40