Requirements For Jailhouse Witness Testimony
| Type | Bill |
|---|---|
| Session | 2020 Regular Session |
| Subjects |
Concerning required procedures to protect the defendant when jailhouse witnesses are used in a criminal case, and, in connection therewith, making an appropriation.
Bill Summary:
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 division of criminal justice in the department of public safety on a monthly basis to be maintained in a centralized statewide record that is available to district attorneys throughout the state . 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 may 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.
The bill appropriates $16,860 from the general fund to the department of public safety which is reappropriated to the office of information technology for information technology services to implement the act.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Related Documents & Information
| Date | Version | Documents |
|---|---|---|
| 02/26/2020 | SA1 |
| Activity | Vote | Documents |
|---|---|---|
| Postpone House Bill 20-1102 indefinitely. | The motion passed on a vote of 5-0. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.004 | The motion passed on a vote of 7-4. | Vote summary |
| Adopt amendment J.001 | The motion passed on a vote of 7-4. | Vote summary |
| Refer House Bill 20-1102, as amended, to the Committee of the Whole. | The motion passed on a vote of 7-4. | Vote summary |
| Activity | Vote | Documents |
|---|
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.002 (Attachment A). | The motion passed without objection. | Vote summary |
| Refer House Bill 20-1102, as amended, to the Committee on Appropriations. | The motion passed on a vote of 6-3. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 03/04/2020 | Third Reading | BILL |
37
AYE
27
NO
1
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 05/26/2020 | Senate | Senate Committee on Judiciary Postpone Indefinitely |
| 03/05/2020 | Senate | Introduced In Senate - Assigned to Judiciary |
| 03/04/2020 | House | House Third Reading Passed - No Amendments |
| 03/03/2020 | House | House Second Reading Passed with Amendments - Committee, Floor |
| 02/28/2020 | House | House Second Reading Special Order - Laid Over Daily - No Amendments |
| 02/28/2020 | House | House Committee on Appropriations Refer Amended to House Committee of the Whole |
| 01/30/2020 | House | House Committee on Judiciary Refer Amended to Appropriations |
| 01/14/2020 | House | Introduced In House - Assigned to Judiciary + Appropriations |
Prime Sponsor
Sponsor