INTENSE FOCUS. EXCEPTIONAL OUTCOMES.
Title 16. Criminal Proceedings; Article 1. General Provisions (C.R.S. §§ 16-1-101 – 16-1-109) (current as of April 30, 2016)
§ 16-1-101. Short title
(1) Articles 1 to 13 of this title shall be known and may be cited as the “Colorado Code of Criminal Procedure”. Within those articles, the “Colorado Code of Criminal Procedure” is sometimes referred to as “this code”.
(2) The portion of any section, subsection, paragraph, or subparagraph contained in this code which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the “introductory portion” of such section, subsection, paragraph, or subparagraph.
§ 16-1-102. Scope
The provisions of this code are intended to create, define, and protect rights, duties, and obligations as distinguished from matters wholly procedural. Except as specifically set forth in this code, the provisions of this code are not applicable to proceedings under the “Colorado Children’s Code” or to violations of municipal charters or municipal ordinances.
§ 16-1-103. Purpose
This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration, the elimination of unjustifiable expense and delay, the effective apprehension and trial of persons accused of crime, the just determination of every criminal proceeding by a fair and impartial trial, an adequate review, and the preservation of the public welfare and the fundamental human rights of individuals.
§ 16-1-104. Definitions
(1) The following definitions in this section are applicable generally in this code. Other terms which need definition, but which are used only in a limited number of sections of this code are defined in the particular section or article in which the terms appear. Definitions set forth in any section of this code are applicable whenever the same term is used in the same sense in another section of this code, unless the definition is specifically limited or the context indicates that it is inapplicable.
(2) “Arraignment” means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and the entry of a plea to the charge.
(3) “Bail” means a security, which may include a bond with or without monetary conditions, required by a court for the release of a person in custody set to provide reasonable assurance of public safety and court appearance.
(3.5) “Bail bonding agent” or “bonding agent” means an individual who is in the business of writing appearance bonds and who is subject to regulation by the division of insurance in the department of regulatory agencies, including an insurance producer, cash-bonding agent, or professional cash-bail agent.
(4) “Bind over” means to require a defendant, following a preliminary hearing, to appear and answer in a court having jurisdiction to try the defendant for the crime with which he is charged.
(5) “Bond” means a bail bond which is an undertaking, with or without sureties or security, entered into by a person in custody by which he binds himself to comply with the conditions of the undertaking and in default of such compliance to pay the amount of bail or other sum fixed, if any, in the bond.
(6) “Charge” means a formal written statement presented to a court accusing a person of the commission of a crime. The charge may be made by complaint, information, or indictment.
(7) “Complaint” means a written statement charging the commission of a crime by an alleged offender, filed in the county court.
(7.5)”Correctional facility” means any facility under the supervision of the department of corrections in which persons are or may be lawfully held in custody as a result of conviction of a crime.
(8) “Court of record” means any court except a municipal court unless otherwise defined by a particular section.
(I) “Crime of violence” means a crime in which the defendant used, or possessed and threatened the use of, a deadly weapon during the commission or attempted commission of any crime committed against an elderly person or a person with a disability or a crime of murder, first or second degree assault, kidnapping, sexual assault, robbery, first degree arson, first or second degree burglary, escape, or criminal extortion, or during the immediate flight therefrom, or the defendant caused serious bodily injury or death to any person, other than himself or herself or another participant, during the commission or attempted commission of any such felony or during the immediate flight therefrom.
(II) “Crime of violence” also means any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim. For purposes of this subparagraph (II), “unlawful sexual offense” shall have the same meaning as set forth in section 18-3-411(1), C.R.S., and “bodily injury” shall have the same meaning as set forth in section 18-1-901(3) (c), C.R.S.
(III) The provisions of subparagraph (II) of this paragraph (a) shall apply only to felony unlawful sexual offenses.
(b) As used in this subsection (8.5), “elderly person” means a person who is sixty years of age or older. “Person with a disability” means a person who is disabled because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to such a degree as to constitute virtual blindness.
(9) “Custody” means the restraint of a person’s freedom in any significant way.
(10) “Felony complaint” means a written statement of the essential facts constituting the offense charged, signed by the prosecutor, and filed in the court having jurisdiction over the offense charged.
(11) “Indictment” means a written statement, presented by a grand jury to the district court, which charges the commission of a crime by an alleged offender.
(12) “Information” means a written statement signed by a district attorney presented to the district court, which charges the commission of a crime by an alleged offender.
(13) “Personal recognizance” means a bond secured only by the personal obligation of the person giving the bond.
(14) “Preliminary hearing” means a hearing on a complaint filed in the county court or an information filed in the district court, to determine if there is probable cause to believe that an offense has been committed and that the person charged committed it.
(15) “Prosecuting attorney” means any attorney who is authorized to appear for and on behalf of the state of Colorado in a criminal case.
(16) A “search warrant” is a written order made by a judge of a court of record commanding a peace officer to search the person, premises, place, property, or thing described in the search warrant and to seize property described or identified therein.
(17) “Summons” means a written order or notice directing that a person appear before a designated court at a stated time and place and answer to a charge against him.
(18) A “warrant” is a written order issued by a judge of a court of record directed to any peace officer commanding the arrest of the person named or described in the order.
§ 16-1-105. Interpretation of words and phrases
(1) In interpreting this code, such words and phrases as are defined in this article shall have the meanings indicated by their definitions, unless a particular context clearly requires a different meaning.
(2) Words or phrases not defined in this code but which are defined in the “Colorado Criminal Code” (title 18, C.R.S.) shall have the meanings given therein except when a particular context clearly requires a different meaning.
(3) Words and phrases used in this code and not expressly defined shall be construed according to the rules governing the construction of statutes of this state.
§ 16-1-106. Electronic transmission of documents required for arrest and search warrants under code authorized – definitions
(1) Whenever a written application for a warrant is required, it shall include both a written application and a sworn or affirmed affidavit. A peace officer may submit an application and affidavit for a warrant and the court may issue the warrant by an electronically or electromagnetically transmitted facsimile or by an electronic transfer that may include an electronic signature. Whenever a sworn or affirmed affidavit is required, the court may orally administer the oath or affirmation to the affiant and the affiant may then electronically transmit back to the court a written affidavit of the oath or affirmation.
(2) Procedures governing application for and issuance of arrest or search warrants consistent with this section may be established by rule of the Colorado supreme court, which rule should require the court administrator to establish paper quality and durability standards for warrants issued pursuant to this section.
(a) Any electronically or electromagnetically transmitted facsimile of a document authorized to be made by this section shall be treated as an original document.
(b) A warrant, signed affidavit, and accompanying documents may be transmitted by electronic facsimile transmission or by electronic transfer with electronic signatures to the judge, who may act upon the transmitted documents as if they were originals. A warrant affidavit may be sworn to or affirmed by administration of the oath over the telephone by the judge. The affidavit with electronic signature received by the judge or magistrate and the warrant approved by the judge or magistrate, signed with electronic signature, shall be deemed originals. The judge or magistrate shall facilitate the filing of the original affidavit and original warrant with the clerk of the court and shall take reasonable steps to prevent tampering with the affidavit and warrant. The issuing judge or magistrate shall also forward a copy of the warrant and affidavit, with electronic signatures, to the affiant. This subsection (3) does not authorize the court to issue warrants without having in its possession either a faxed copy of the signed affidavit and warrant or an electronic copy of the affidavit and warrant with electronic signatures.
(4) For purposes of this section:
(a) “Digital signature” means a document hash-encrypted with a private cryptographic key that can be used to authenticate the identity of the sender of a message or the signer of a document and can ensure that the original content of the message or document that has been sent is unchanged.
(b) “Digitized signature” means an electronic representation of an actual handwritten signature in which the image of a handwritten signature is created and saved using various methods, such as using a signature pad, scanning a handwritten signature, or digital photography. A digitized signature may be captured at the time the user applies the signature, or a previously saved image may be applied.
(c) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. An electronic signature may include, but is not limited to, a digitized signature or a digital signature.
§ 16-1-107. Integrated court on-line network – municipal court records – legislative declaration
(1) The general assembly hereby finds and declares that:
(a) The report on the pilot project on criminal background checks for child care providers, prepared for the state department of human services, was presented to the general assembly in August of 2000;
(b) Said report contained several recommendations for the improvement of the process of obtaining accurate and complete criminal history records for child care workers and volunteers;
(c)Some of those recommendations involved the records contained in the integrated Colorado on-line network (ICON) of the state judicial department and the ability to identify case dispositions;
(d)Other recommendations involved the work of the courts and the state judicial department in assisting in the completion and implementation of the integrated criminal justice information system program established by article 20.5 of this title.
(2) The general assembly further finds and declares that, in order to assure that criminal background checks for child care workers are accurate and complete, it is critical that the criminal justice agencies participating in the integrated criminal justice information system program established by article 20.5 of this title and political subdivisions continue to work with each other to complete and implement such program in a timely manner and consider the integration of municipal records, including the county court records of the city and county of Denver, into such program.
§ 16-1-108. Admission of records in court
(1) In a trial or hearing, all official records and documents of the state of Colorado, as defined in section 42-2-121(2) (c), C.R.S., shall:(a)
Be admissible in all county and district courts within the state of Colorado without further foundation;
(b) Be statutory exceptions to rule 802 of the Colorado rules of evidence; and
(c) Constitute prima facie proof of the information contained in the record or document if the record or document is accompanied by a certificate stating that the executive director of the department of revenue, or the executive director’s appointee, has custody of the record or document and accompanied by and attached to a cover page that:
(I) Specifies the number of pages, exclusive of the cover page, that constitute the record or document being submitted; and
(II) Bears the signature of the executive director of the department of revenue, or the executive director’s appointee, attesting to the authenticity of the record or document; and
(III) Bears the official seal of the department of revenue or a stamped or printed facsimile of the seal.
As used in subsection (1) of this section, “official records and documents” includes any mechanically or electronically reproduced copy, photograph, or printout of a record or document or any portion of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121(2) (c), C.R.S. The department of revenue may also permit the electronic transmission of information for direct recording in the department of revenue’s records and systems. Information transmitted by an electronic means that is approved by the department of revenue constitutes an official record for the purposes of this section, regardless of whether an original source document for the information exists or ever existed. The certificate and cover page and its contents required by subsection (1) of this section may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department of revenue or of the executive director’s appointee and an electronic reproduction of the official seal of the department of revenue, shall be admissible in court as set forth in subsection (1) of this section.
(3) A record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to this section to be an official record or document, if the official record or document includes all of those portions of the record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that the official record or document contains all information that is relevant to the trial or hearing.
§ 16-1-109. Eyewitness identification procedures – legislative declaration – definitions – policies and procedures – training – admissibility
(1) The general assembly finds and declares that:
(a) Over the past forty years, a large body of peer-reviewed scientific research and practice has demonstrated that simple systematic changes in the administration of eyewitness identification procedures by all law enforcement agencies can greatly improve the accuracy of those identifications and strengthen public safety while protecting the innocent;
(b) The integrity of Colorado’s criminal justice system benefits from adherence to peer-reviewed research-based practices in the investigation of criminal activity; and
(c) Colorado will benefit from the development and use of written law enforcement policies that are derived from peer-reviewed scientific research and research-based practices, which will ultimately improve the accuracy of eyewitness identification and strengthen the criminal justice system in Colorado.
(2) As used in this section, unless the context otherwise requires:
(a) “Blind” means the administrator of a live lineup, photo array, or showup does not know the identity of the suspect.
(b) “Blinded” means the administrator of a live lineup, photo array, or showup may know who the suspect is but does not know in which position the suspect is placed in the photo array when it is viewed by the eyewitness.
(c) “Eyewitness” means a person who observed another person at or near the scene of an offense.
(d) “Filler” means either a person or a photograph of a person who is not suspected of the offense in question and is included in an identification procedure.
(e) “Live lineup” means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons who are not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
(f) “Peace officers standards and training board” or “P.O.S.T. board” means the board created in section 24-31-302, C.R.S., for the certification of peace officers in Colorado.
(g) “Photo array” means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons who are not suspected of the offense, is displayed to an eyewitness either in hard copy form or via electronic means for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
(h) “Showup” means an identification procedure in which an eyewitness is presented with a single suspect in person for the purpose of determining whether the eyewitness identifies the individual as the perpetrator.
(a) On or before July 1, 2016, any Colorado law enforcement agency charged with enforcing the criminal laws of Colorado and that, as part of any criminal investigation, uses or might use any eyewitness identification procedure shall adopt written policies and procedures concerning law enforcement-conducted eyewitness identifications. The policies and procedures adopted and implemented by a law enforcement agency must be consistent with eyewitness identification procedures of nationally recognized peer-reviewed research or the policies and procedures developed, agreed upon, and recommended by the Colorado attorney general’s office and the Colorado district attorneys’ council. The policies and procedures must include, but need not be limited to, the following:
(I) Protocols guiding the use of a showup;
(II) Protocols guiding the recommended use of a blind administration of both photo arrays and live lineups or the recommended use of a blinded administration of the identification process when circumstances prevent the use of a blind administration;
(III) The development of a set of easily understood instructions for eyewitnesses that, at a minimum, advise the eyewitness that the alleged perpetrator may or may not be present in the photo array or live lineup and that the investigation will continue whether or not the eyewitness identifies anyone as the alleged perpetrator in the photo array or live lineup;
(IV) Instructions to the law enforcement agency regarding the appropriate choice and use of fillers in compiling a live lineup or photo array, including ensuring that fillers match the original description of the perpetrator; and
(V) Protocols regarding the documentation of the eyewitness’ level of confidence as elicited at the time he or she first identifies an alleged perpetrator or other person and memorialized verbatim in writing.
(b) On or before July 1, 2016, all Colorado law enforcement agencies that conduct eyewitness identifications shall adopt and implement the written policies and procedures required by paragraph (a) of this subsection (3). If a law enforcement agency does not complete or adopt its own written policies and procedures relating to eyewitness identifications, the law enforcement agency must, on or before July 1, 2016, adopt and implement the model policies and procedures as developed and approved in 2015 by the Colorado attorney general and the Colorado district attorneys’ council.
(c) Local law enforcement policies and procedures relating to eyewitness identification are public documents. All such policies and procedures must be available, without cost, to the public upon request pursuant to the provisions of this section.
(d) Subject to available resources, law enforcement shall create, conduct, or facilitate professional training programs for law enforcement officers and other relevant personnel on methods and technical aspects of eyewitness identification policies and procedures. While these training programs shall be approved by the P.O.S.T. board, any programs may be created, provided, and conducted by any law enforcement agency, the office of the attorney general, the Colorado district attorneys’ council, or any other P.O.S.T-approved training entity.
(4) Policies and procedures adopted and implemented by a law enforcement agency pursuant to this section shall be reviewed by the agency at least every five years to ensure consistency with nationally recognized peer-reviewed research.
(5) Compliance or failure to comply with any of the requirements of this section is considered relevant evidence in any case involving eyewitness identification, as long as such evidence is otherwise admissible.
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