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Judiciary advances bill clarifying defense access to physical evidence; panel adopts technical amendment
Summary
House Bill 11‑14, clarifying defense access and inspection timetables for physical evidence and allowing court oversight of recordings, was amended and advanced to the Committee of the Whole after testimony from chiefs, public defenders and criminal‑defense organizations highlighting access and recording concerns.
House Bill 11‑14 returned to the Senate Judiciary Committee for testimony and amendment and was sent to the Committee of the Whole on a 4–3 vote after stakeholders and committee members negotiated language.
The bill seeks to ensure defense teams can inspect tangible evidence "as soon as practicable" and no later than 35 days before trial, while protecting chain‑of‑custody and allowing law enforcement to record viewings as a tool (but not mandating body‑worn cameras). Sponsors stressed the goal of fair, reciprocal access to the same physical evidence the prosecution uses.
The Colorado Chiefs of Police Association took a neutral position, emphasizing the need to protect employees and evidence integrity; Chief Adam Turk (Greeley Police Department) testified the department routinely records evidence viewings without audio in static environments to safeguard staff and evidence. Public defenders and defense‑bar representatives detailed cases where they had been denied opening packages, required to stipulate ownership to view firearms, or were subject to surreptitious recording. James Karbach (Office of the State Public Defender) and other defense witnesses argued statute provides clearer, enforceable guidance than rules alone.
The committee adopted amendment L7 to clarify that law enforcement designates the space where evidence in their custody is viewed; sponsors said the amendment provides clarity while preserving defense access. After debate and adoption of L7, the committee voted to send the bill to the Committee of the Whole (4–3). Members signaled interest in future technical amendments to address small departments' capacity to record viewings.
