The act requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless:
- The court does not have the technology available to do so;
- The court has ordered that the public is excluded from the proceeding;
- Technology, staffing, or internet issues limit or prevent remote observation; or
- After a request or on the court's own motion, the court makes findings that:
- The remote observation of live proceedings risks compromising the safety of any person, the defendant's right to a fair trial, or the victim's rights; and
- There is no less restrictive alternative that preserves the public interest in remote observation.
The act also requires the court to post links on its website for the remote observation.
The also act requires the court to:
- Take reasonable steps to ensure that no audio or visual transmission of privileged, confidential communications occurs; and
- If a proceeding is subject to a sequestration order, take reasonable steps to ensure compliance with the sequestration order.
If a court does not have sufficient existing staff or technology to allow remote observation to the public but later obtains such staff or technology, the act requires the court to comply with the act within 90 days after obtaining the necessary staff or technology.
APPROVED by Governor June 7, 2023
EFFECTIVE September 1, 2023
NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)