reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-109 - Special commissioners - fees

The judges of courts having equity jurisdiction in such county has power to appoint special commissioners from time to time as may be necessary to carry out the provisions of this part 1 to take evidence and report all such petitions as may be referred to them. The fees of such commissioners and of all clerks, sheriffs, and officers and employees for services under this part 1 shall not in any case exceed two-thirds of the fees provided by law for the same services.
L. 1889: p. 307, § 9. R.S. 08: § 5277. C.L. § 5034. CSA: C. 135, § 9. CRS 53: § 113-1-9. C.R.S. 1963: § 113-1-9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-111 - Originals destroyed, prior abstracts as evidence

Whenever it appears in any court in which any suit or proceeding is pending that the originals of any deeds, or other instruments of writing, or records in courts relating to any lands or irrigation ditches, the title or interest therein being in controversy in such suit or proceedings, are lost or destroyed or not within the power of the parties to produce the same and the records of such deeds or other instruments in writing or other records relating to or affecting such lands or irrigation ditches are destroyed by fire or otherwise, it is lawful for any such party to offer in evidence any abstract of title made in the ordinary course of business prior to such loss or destruction showing the title of such land or irrigation ditches, or any part of the title of such land or irrigation ditches, that may have been made and delivered to the owners or purchasers or other parties interested in the land or irrigation ditches, the title or any part of the title to which is shown by such abstract of title.
L. 1889: p. 309, § 11. R.S. 08: § 5279. C.L. § 5036. CSA: C. 135, § 11. CRS 53: § 113-1-11. C.R.S. 1963: § 113-1-11.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-112 - Public records free to servicemen

Whenever a copy of any public record is required by the United States veterans administration or its successors or any other agency of the government of the United States to be used in determining the eligibility of any person who has served in the armed forces of the United States or any dependent of such person to participate in benefits for such person made available by the laws of the United States in relation to such service in the armed forces of the United States, the official charged with the custody of such public records, without charge, shall provide the applicant for such benefits or any person acting on his behalf, or the representative of such bureau or other agency, with a certified copy of such record.
L. 45: p. 208, § 1. CSA: C. 135, § 12. CRS 53: § 113-1-12. C.R.S. 1963: § 113-1-12.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-113 - Limit on retention of passive surveillance records - definition

(1)
As used in this section, "passive surveillance" means the use by a government entity of a digital video camera, video tape camera, closed circuit television camera, film camera, photo radar recorder, or other image recording device positioned to capture moving or still pictures or images of human activity on a routine basis or for security or other purposes, including monitoring or recording traffic, weather conditions, office activities, transit facilities, parking garages, sports venues, schools, day care centers, hospitals or other medical facilities, recreational facilities, playgrounds, swimming pools, or utility facilities. "Passive surveillance" does not include surveillance triggered by a certain event or activity and that does not monitor at regular intervals. "Passive surveillance" does not include the use of toll collection cameras.
(2)
(a)
The custodian, as defined in section
24-72-202
, may only access a passive surveillance record beyond the first anniversary after the date of the creation of the passive surveillance record, and up to the third anniversary after the date of the creation of the passive surveillance record, if there has been a notice of claim filed, or an accident or other specific incident that may cause the passive surveillance record to become evidence in any civil, labor, administrative, or felony criminal proceeding, in which case the passive surveillance record may be retained. The custodian shall preserve a record of the reason for which the passive surveillance record was accessed and the person who accessed the passive surveillance record beyond the first anniversary after its creation. All passive surveillance records must be destroyed after the third anniversary after the date of the creation of the passive surveillance record unless retention is authorized by this section.
(b)
This section does not apply to passive surveillance records of any correctional facility, local jail, or private contract prison, as defined in section
17-1-102
, any juvenile facility operated by the Colorado department of human services, as listed in sections
19-2.5-1502
,
19-2.5-1511
, and
19-2.5-1527
to
19-2.5-1529
, or any passive surveillance records made or maintained as required under federal law.
Amended by 2021 Ch. 136, § 118, eff. 10/1/2021.
Added by 2014 Ch. 96, § 1, eff. 4/4/2014.
L. 2014: Entire section added, (HB 14 -1152), ch. 350, p. 350, § 1, effective April 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 2 - INSPECTION, COPYING, OR PHOTOGRAPHING (§§ 24-72-200.1 — 24-72-206) › Section 24-72-200.1 - Short title

Part 2 of this article shall be known and may be cited as the "Colorado Open Records Act" or "CORA".
L. 2009: Entire section added, (SB 09 -292), ch. 369, p. 1969, § 79, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 2 - INSPECTION, COPYING, OR PHOTOGRAPHING (§§ 24-72-200.1 — 24-72-206) › Section 24-72-201 - Legislative declaration

It is declared to be the public policy of this state that all public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise specifically provided by law.
L. 68: p. 201, § 1. C.R.S. 1963: § 113-2-1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 2 - INSPECTION, COPYING, OR PHOTOGRAPHING (§§ 24-72-200.1 — 24-72-206) › Section 24-72-204.5 - Adoption of electronic mail policy

(1)
On or before July 1, 1997, the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system shall adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.
(2)
The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under section
24-72-203
.
(3)
On or before January 1, 2024, each member of the general assembly, the governor's office and each office of the governor, and each state agency and institution shall submit a report to the staff of the legislative council of the general assembly outlining its respective electronic mail retention policy. The members of the general assembly may submit individual reports or may submit a report that specifies the electronic mail retention policies of multiple members of the general assembly.
Amended by 2023 Ch. 406,§ 3, eff. 8/7/2023.
L. 96: Entire section added, p. 1485, § 7, effective June 1.
2023 Ch. 406, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 2 - INSPECTION, COPYING, OR PHOTOGRAPHING (§§ 24-72-200.1 — 24-72-206) › Section 24-72-206 - [Repealed]

Repealed by 2017 Ch. 286, § 3, eff. 8/9/2017.
L. 68: p. 204, § 6. C.R.S. 1963: § 113-2-6. L. 2017: Entire section repealed, (SB 17-040), ch. 286, p. 1584, § 3, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-301 - Legislative declaration

(1)
The general assembly hereby finds and declares that the maintenance, access and dissemination, completeness, accuracy, and sealing of criminal justice records are matters of statewide concern and that, in defining and regulating those areas, only statewide standards in a state statute are workable.
(2)
It is further declared to be the public policy of this state that criminal justice agencies shall maintain records of official actions, as defined in this part 3, and that such records shall be open to inspection by any person and to challenge by any person in interest, as provided in this part 3, and that all other records of criminal justice agencies in this state may be open for inspection as provided in this part 3 or as otherwise specifically provided by law.
L. 77: Entire part added, p. 1244, § 1, effective December 31.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-305.4 - Governmental access to criminal history records of applicants in regulated professions or occupations

(1)
Any division, board, commission, or person responsible for the licensing, certification, or registration functions for any governmental entity, in addition to any other authority conferred by law, may use fingerprints to access, for comparison purposes, arrest history records of:
(a)
Any applicant for licensure, registration, or certification to practice a profession or occupation;
(b)
Any licensee, registrant, or person certified to practice a profession or occupation;
(c)
Any prospective employee or any employee of a licensee, registrant, or person certified to practice an occupation or profession.
(2)
The persons or entities authorized to access arrest history records pursuant to subsection (1) of this section may access records that are maintained by or within this state through the Colorado bureau of investigation.
(3)
For the purposes of this section, "governmental entity" means the state and any of its political subdivisions, including entities governed by home rule charters, and any agency or institution of the state or any of its political subdivisions.
L. 94: Entire section added, p. 1048, § 1, effective July 1. L. 2002: IP(1) and (2) amended, p. 977, § 14, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-305.5 - Access to records - denial by custodian - use of records to obtain information for solicitation - definitions

(1)
Records of official actions and criminal justice records and the names, addresses, telephone numbers, and other information in such records shall not be used by any person for the purpose of soliciting business for pecuniary gain. The official custodian shall deny any person access to records of official actions and criminal justice records unless such person signs a statement which affirms that such records shall not be used for the direct solicitation of business for pecuniary gain.
(2)
(a)
It is unlawful for a person to obtain a copy of a booking photograph in any format knowing:
(I)
The booking photograph will be placed in a publication or posted to a website; and
(II)
Removal of the booking photograph from the publication or website requires the payment of a fee or other exchange for pecuniary gain.
(b)
A person who requests a copy of one or more booking photographs from an official custodian shall, at the time of making the request, submit the statement required by subsection (1) of this section; except that a custodian may allow a person who anticipates making multiple requests for booking photographs to submit the required statement once for all booking photographs requested during a specified period of time not to exceed one year. By signing the statement, the person is affirming that any booking photograph obtained from the custodian will not be placed in a publication or posted to a website that requires the payment of a fee or other exchange for pecuniary gain in order to remove or delete the booking photograph from the publication or website.
(c)
Notwithstanding the provisions of section
24-72-309
, a person who violates a provision of paragraph (a) of this subsection (2) or who submits a false statement pursuant to paragraph (b) of this subsection (2) commits an unclassified misdemeanor and shall be punished by a fine of up to one thousand dollars.
(d)
As used in this subsection (2), unless the context otherwise requires, "booking photograph" means a photograph or other image of a person taken by a criminal justice agency at the time that a person is arrested or detained by a criminal justice agency and prior to conviction.
Amended by 2015 Ch. 46, § 1, eff. 3/26/2015.
Amended by 2014 Ch. 115, § 1, eff. 9/1/2014.
L. 92: Entire section added, p. 406, § 23, effective June 3. L. 2014: Entire section amended, (HB 14-1047), ch. 115, p. 414, § 1, effective September 1. L. 2015: (2)(b) amended, (HB 15-1137), ch. 46, p. 114, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-305.6 - County clerk and recorder access to criminal history records of election judges and employees - rules

(1)
A county clerk and recorder shall request the criminal history records from the public website maintained by the Colorado bureau of investigation for all full-time, part-time, permanent, and contract employees of the county who staff a counting center and who have any access to electromechanical voting systems or electronic vote tabulating equipment. The county clerk and recorder shall request the records not less than once each calendar year prior to the first election of the year.
(2)
A county clerk and recorder may request, in his or her discretion, the criminal history records from the public website maintained by the Colorado bureau of investigation for an election judge serving in the county. The secretary of state may, by rule promulgated in accordance with article
4
of this title, require that certain duties may be performed only by those election judges for whom a county clerk and recorder has requested criminal history records pursuant to this subsection (2). Such duties may include accessing the statewide voter registration system established pursuant to section
1-2-301
, C.R.S.
(3)
A county clerk and recorder authorized to access criminal history records pursuant to this section may access records that are maintained by or within this state directly through the public website maintained by the Colorado bureau of investigation. A county clerk and recorder that does not have access or authorization to use a credit card for conducting business on behalf of the county in which the clerk and recorder serves may request that the county sheriff for the county access the criminal records from the public website maintained by the Colorado bureau of investigation. Criminal records shall not be accessed pursuant to this section directly from the Colorado criminal justice computer system or the national criminal justice computer system.
Amended by 2016 Ch. 173, § 74, eff. 5/18/2016.
L. 2006: Entire section added, p. 120, § 1, effective March 27. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 590, § 74, effective May 18.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-306 - Copies, printouts, or photographs of criminal justice records - fees authorized

(1)
Criminal justice agencies may assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and redaction of criminal justice records requested pursuant to this part 3 and may waive fees at their discretion. In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per standard page for a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page. Where fees for certified copies or other copies, printouts, or photographs of criminal justice records are specifically prescribed by law, such specific fees shall apply. Where the criminal justice agency is an agency or department of any county or municipality, the amount of such fees shall be established by the governing body of the county or municipality in accordance with this subsection (1).
(2)
If the custodian does not have facilities for making copies, printouts, or photographs of records which the applicant has the right to inspect, the applicant shall be granted access to the records for the purpose of making copies, printouts, or photographs. The copies, printouts, or photographs shall be made while the records are in the possession, custody, and control of the custodian thereof and shall be subject to the supervision of such custodian. When practical, they shall be made in the place where the records are kept, but, if it is impractical to do so, the custodian may allow other arrangements to be made for this purpose. If other facilities are necessary, the cost of providing them shall be paid by the person desiring a copy, printout, or photograph of the records. The official custodian may establish a reasonable schedule of times for making copies, printouts, or photographs and may charge the same fee for the services rendered by him or his deputy in supervising the copying, printing out, or photographing as he may charge for furnishing copies under subsection (1) of this section.
(3)
The provisions of this section shall not apply to discovery materials that a criminal justice agency is required to provide in a criminal case pursuant to rule 16 of the Colorado rules of criminal procedure.
L. 77: Entire part added, p. 1248, § 1, effective December 31. L. 2008: (1) amended and (3) added, p. 428, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-307 - Challenge to accuracy and completeness - appeals

(1)
Any person in interest who is provided access to any criminal justice records pursuant to this part 3 shall have the right to challenge the accuracy and completeness of records to which he has been given access, insofar as they pertain to him, and to request that said records be corrected.
(2)
If the custodian refuses to make the requested correction, the person in interest may request a written statement of the grounds for the refusal, which statement shall be furnished forthwith.
(3)
In the event that the custodian requires additional time to evaluate the merit of the request for correction, he shall so notify the applicant in writing forthwith. The custodian shall then have thirty days from the date of his receipt of the request for correction to evaluate the request and to make a determination of whether to grant or refuse the request, in whole or in part, which determination shall be forthwith communicated to the applicant in writing.
(4)
Any person in interest whose request for correction of records is refused may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why he should not permit the correction of such record. A hearing on such application shall be held at the earliest practical time. Unless the court finds that the refusal of correction was proper, it shall order the custodian to make such correction, and, upon a finding that the refusal was arbitrary or capricious, it may order the criminal justice agency for which the custodian was acting to pay the applicant's court costs and attorney fees in an amount to be determined by the court.
L. 77: Entire part added, p. 1248, § 1, effective December 31.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-308 - [Repealed]

Repealed by 2014 Ch. 317, § 2, eff. 8/1/2014.
Amended by 2013 Ch. 336,§ 9, eff. 8/7/2013.
Amended by 2013 Ch. 336,§ 8, eff. 8/7/2013.
Amended by 2013 Ch. 272, § 16, eff. 7/1/2013.
Amended by 2013 Ch. 289,§ 14, eff. 5/24/2013.
Amended by 2013 Ch. 289,§ 7, eff. 5/24/2013.
L. 77: Entire part added, p. 1249, § 1, effective December 31. L. 78: (1) and (2) amended, (1.1) to (1.3) and (9) added, and (3)(b) repealed, pp. 403, 406, §§ 2, 3, effective May 5. L. 79: (1)(a), (1.1)(c) to (1.1)(f), and (9) amended and (10) added, p. 975, § 1, effective March 13. L. 81: Entire section R&RE, p. 1238, § 2, effective June 4. L. 82: (2)(b)(I), (2)(b)(II), and (5)(a) amended, p. 655, § 8, effective 1/1/1983. L. 83: (1)(a) amended, p. 680, § 4, effective July 1; (2)(i) and (3)(c)(II) amended, p. 963, § 11, effective 7/1/1984. L. 87: (5)(a) amended, p. 1498, § 8, effective July 1. L. 88: Entire section R&RE, p. 979, § 3, effective April 20. L. 92: (1.5) added, p. 281, § 1, effective July 1; (3) amended, p. 1106, § 7, effective July 1. L. 95: (3)(a) amended, p. 314, § 1, effective July 1. L. 96: (1)(a) amended, p. 736, § 5, effective July 1; (3)(c) amended and (3)(d) added, p. 1587, § 13, effective July 1. L. 2002: (3)(c) amended, p. 1190, § 33, effective July 1. L. 2003: (1)(b)(II) amended, p. 634, § 1, effective March 18. L. 2004: (1)(a) amended, p. 1375, § 1, effective August 4. L. 2006: (1)(a)(II) amended, p. 422, § 4, effective April 13. L. 2008: (1)(f)(III) added, p. 1668, § 14, effective May 29; (1)(a)(III), (2), and (3)(a) amended, p. 1937, § 1, effective July 1; (3)(e) added, p. 473, § 1, effective July 1. L. 2011: (1)(c) amended, (HB 11 -1203), ch. 72, p. 199, § 2, effective August 10. L. 2013: (1)(a)(I), IP(1)(a)(III), (1)(b)(II), and (2)(b) amended and (3)(f) and (4) added, (SB 13-123), ch. 289, pp. 1542, 1555, §§ 7, 14, effective May 24; (1)(b)(II) amended and (4) added, (SB 13-229), ch. 272, p. 1432, § 16, effective July 1; (1)(a)(I) and (1)(c) amended, (HB 13-1156), ch. 336, p. 1959, §§ 9, 10, effective August 7. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
This section was relocated to §
24-72-702
in 2014.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-308.5 - [Repealed]

Repealed by 2014 Ch. 317, § 2, eff. 8/1/2014.
Amended by 2013 Ch. 289, § 8, eff. 5/24/2013.
Amended by 2013 Ch. 272, § 17, eff. 7/1/2013.
L. 2008: Entire section added, p. 1938, § 2, effective July 1. L. 2010: (4)(c) amended, (HB 10 -1422), ch. 419, p. 2088, § 78, effective August 11. L. 2011: (2)(a)(II), (2)(c), (2)(d), and IP(4)(a) amended, (HB 11 - 11 67), ch. 69, p. 181, § 1, effective March 29; (2)(c) amended, (HB 11 -1203), ch. 72, p. 200, § 3, effective August 10. L. 2013: (2)(f)(I) amended and (6) added, (SB 13-123), ch. 289, p. 1543, § 8, effective May 24; (6) added, (SB 13-229), ch. 272, p. 1433, § 17, effective July 1. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-308.6 - [Repealed]

Repealed by 2014 Ch. 317, § 2, eff. 8/1/2014.
Amended by 2014 Ch. 391, § 22, eff. 6/6/2014.
Amended by 2013 Ch. 333,§ 63, eff. 10/1/2013.
Amended by 2013 Ch. 333,§ 57, eff. 10/1/2013.
Amended by 2013 Ch. 289, § 9, eff. 5/24/2013.
Amended by 2013 Ch. 272, § 18, eff. 7/1/2013.
L. 2011: Entire section added, (HB 11 - 11 67), ch. 69, p. 182, § 2, effective March 29. L. 2013: (6) added, (SB 13-123), ch. 289, p. 1543, § 9, effective May 24; (6) added, (SB 13-229), ch. 272, p. 1433, § 18, effective July 1; (2)(a)(II)(C) and (2)(a)(III)(C) amended and (2)(a)(II.5) and (2)(a)(III.5) added, (SB 13-250), ch. 333, pp. 1940, 1936, §§ 63, 57, effective October 1. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-308.7 - [Repealed]

Repealed by 2014 Ch. 317, § 2, eff. 8/1/2014.
Amended by 2014 Ch. 282, § 25, eff. 7/1/2014.
L. 2012: Entire section added, (HB 12-1151), ch. 174, p. 623, § 7, effective August 8. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-308.8 - [Repealed]

Repealed by 2014 Ch. 317, § 2, eff. 8/1/2014.
L. 2012: Entire section added, (SB 12-044), ch. 274, p. 1449, § 6, effective June 8. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-308.9 - [Repealed]

Repealed by 2014 Ch. 317, § 2, eff. 8/1/2014.
Added by 2013 Ch. 289, § 10, eff. 5/24/2013.
L. 2013: Entire section added, (SB 13-123), ch. 289, p. 1544, § 10, effective May 24. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 3 - CRIMINAL JUSTICE RECORDS (§§ 24-72-301 — 24-72-309) › Section 24-72-309 - Violation - penalty

Any person who willfully and knowingly violates the provisions of this part 3 commits a petty offense.
Amended by 2021 Ch. 462, § 431, eff. 3/1/2022.
L. 77: Entire part added, p. 1250, § 1, effective December 31.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 4 - [Repealed] JUDICIAL DISCIPLINARY HEARINGS (§§ 24-72-401 — 24-72-402) › Section 24-72-401 - [Repealed]

Repealed by 2023 Ch. 366,§ 10, eff. 8/7/2023.
L. 83: Entire part added, p. 1003, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 4 - [Repealed] JUDICIAL DISCIPLINARY HEARINGS (§§ 24-72-401 — 24-72-402) › Section 24-72-402 - [Repealed]

Repealed by 2023 Ch. 366,§ 11, eff. 8/7/2023.
L. 83: Entire part added, p. 1003, § 1, July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 5 - CREATION OF PRIVACY POLICIES BY GOVERNMENTAL ENTITIES (§§ 24-72-501 — 24-72-502) › Section 24-72-501 - Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Governmental entity" means the state and any state department, agency, or institution of the state.
(2)
"Personally identifiable information" means information about an individual collected by a governmental entity that could reasonably be used to identify such individual, including, but not limited to, first and last name, residence or other physical address, electronic mail address, telephone number, birth date, credit card information, and social security number. Notwithstanding any provision to the contrary, "personally identifiable information" shall not include information collected in furtherance of any regulatory, investigative, or criminal justice purpose, information collected in furtherance of litigation in which the state is a party, or information that is required to be collected pursuant to any state or federal statute or regulation.
L. 2002: Entire part added, p. 773, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 5 - CREATION OF PRIVACY POLICIES BY GOVERNMENTAL ENTITIES (§§ 24-72-501 — 24-72-502) › Section 24-72-502 - Creation of a privacy policy for governmental entities

(1)
Each governmental entity of the state shall create a privacy policy for the purpose of standardizing within such governmental entity the collection, storage, transfer, and use of personally identifiable information by such governmental entity. The policy of each governmental entity shall address, but shall not be limited to, the following:
(a)
A general statement declaring support for the protection of individual privacy;
(b)
A provision for the minimization of the collection of personally identifiable information to the least amount of information required to complete a particular transaction;
(c)
Clear notice of the applicability of the "Colorado Open Records Act" pursuant to part 2 of this article;
(d)
A method for feedback from the public on compliance with the privacy policy; and
(e)
A statement that the policy extends to the collection of all personally identifiable information, regardless of the source or medium.
(2)
(a)
Any governmental entity that operates a world wide website as of August 7, 2002, shall establish and publish on its website a privacy policy pursuant to this part 5 no later than July 1, 2003.
(b)
Any governmental entity that does not operate a world wide website as of August 7, 2002, and begins operation of a website before July 1, 2003, shall establish and publish on its website a privacy policy pursuant to this part 5 by July 1, 2003.
(c)
In no event shall a governmental entity be permitted to operate a world wide website after July 1, 2003, without first establishing a privacy policy pursuant to this part 5. The privacy policy shall be published on such governmental entity's website as of the first day of operation of such website.
(3)
Nothing in this section shall be construed to create a private cause of action based on alleged violations of this section.
L. 2002: Entire part added, p. 774, § 1, effective August 7. L. 2009: (1)(c) amended, (SB 09 -292), ch. 369, p. 1969, § 80, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 6 - LIMITS ON GOVERNMENT ACCESS TO PERSONAL MEDICAL INFORMATION (§§ 24-72-601 — 24-72-603) › Section 24-72-601 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Department" means the department of revenue.
(2)
"Medical information" means any information contained in the medical record or any information pertaining to the medical, mental health, or health-care services performed at the direction of a physician or other licensed health-care provider that is protected by the physician-patient privilege established by section
13-90-107 (1)(d)
, C.R.S.
(3)
(a)
"Medical record" means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health-care services, including medical marijuana services, performed at the direction of a physician or other licensed health-care provider on behalf of a patient by a physician, dentist, nurse, service provider, emergency medical service provider, mental health professional, prehospital provider, or other health-care personnel.
(b)
"Medical record" includes diagnostic documentation such as X rays, electrocardiograms, electroencephalograms, and other test results and data entered into the prescription drug monitoring program under section
12-280-403
.
(4)
"Personal medical information or medical record" means an individual's medical information or a medical record:
(a)
That identifies the individual; or
(b)
With respect to which there is a reasonable basis to believe the information can be used to identify the individual.
Amended by 2019 Ch. 136, § 136, eff. 10/1/2019.
Added by 2014 Ch. 297, § 1, eff. 5/31/2014.
L. 2014: Entire part added, (HB 14-1323), ch. 297, p. 1242, § 1, effective May 31.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 6 - LIMITS ON GOVERNMENT ACCESS TO PERSONAL MEDICAL INFORMATION (§§ 24-72-601 — 24-72-603) › Section 24-72-602 - Access to personal medical information prohibited - exceptions

(1)
The department shall neither access nor distribute an individual's personal medical information or medical record without the individual's consent concurrent with a request for access.
(2)
When the department requests access to the personal medical information or medical record of an employee of the department in connection with one of the following employment-related requests, occurrences, or claims, the employee's consent applies throughout the duration of the employment-related request, occurrence, or claim for which the access to the employee's personal medical information or medical record is requested:
(a)
Family medical leave;
(b)
A request for a workplace accommodation under the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended;
(c)
A request for short- or long-term disability benefits;
(d)
Determining fitness to return to work after a lengthy absence;
(e)
Physician verification of an absence exceeding three days;
(f)
A request by a job applicant for an accommodation through the application process;
(g)
A workers' compensation claim; or
(h)
Disability retirement.
(3)
This section does not:
(a)
Prohibit the department from accessing an invoice, a sales receipt, or other documentation of a sale necessary to substantiate an exemption from state sales tax under section
39-26-717
as long as:
(I)
No personal medical information or medical record is contained in the documentation; and
(II)
Any information in the documentation that identifies or could be used to identify an individual patient or that indicates a patient diagnosis or treatment plan has been redacted from the documentation;
(b)
Override the authority of the department to obtain and use a written medical opinion in accordance with section
42-2-112
; or
(c)
Apply to a request by the department for information in accordance with section
39-22-540 (6)
.
Amended by 2018 Ch. 310, § 3, eff. 8/8/2018.
Added by 2014 Ch. 297, § 1, eff. 5/31/2014.
L. 2014: Entire part added, (HB 14-1323), ch. 297, p. 1243, § 1, effective May 31. L. 2018: IP(3)(a), (3)(a)(II), and (3)(b) amended and (3)(c) added, (HB 18-1202), ch. 310, p. 1871, § 3, effective August 8.
For the short title ("Living Organ Donor Support Act") in HB 18-1202, see section 1 of chapter 310, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 6 - LIMITS ON GOVERNMENT ACCESS TO PERSONAL MEDICAL INFORMATION (§§ 24-72-601 — 24-72-603) › Section 24-72-603 - [Repealed]

Added by 2014 Ch. 297, § 1, eff. 5/31/2014.
L. 2014: Entire part added, (HB 14-1323), ch. 297, p. 1244, § 1, effective May 31.
Subsection (6) provided for the repeal of this section, effective July 1, 2015. (See L. 2014, p. 1244.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 7 - CRIMINAL JUSTICE RECORD SEALING (§§ 24-72-701 — 24-72-711) › Section 24-72-701 - Definitions

As used in this part 7, unless the context otherwise requires:
(1)
"Arrest and criminal records information" has the same meaning as in section
24-72-302
.
(2)
"Basic identification information" has the same meaning as in section
24-72-302
.
(2.5)
"Conviction" means a criminal judgment of conviction and does not include infractions that constitute civil matters.
(3)
"Conviction records" means arrest and criminal records information and any records pertaining to a judgment of conviction.
(4)
"Criminal justice agencies" has the same meaning as in section
24-72-302
.
(4.5)
"Criminal justice records" means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency or other entity, public or private, in the state for use in the exercise of functions required or authorized by law or administrative rule, including the results of chemical biological substance testing to determine genetic markers conducted pursuant to sections
16-11-102.4
and
16-23-104
.
(5)
"Custodian" has the same meaning as in section
24-72-302
.
(5.5)
"Disposition" has the same meaning as set forth in section
24-72-302
.
(6)
"Official actions" has the same meaning as in section
24-72-302
.
(7)
"Person in interest" has the same meaning as in section
24-72-302
.
(8)
"Private custodian" has the same meaning as in section
24-72-302
.
(9)
"Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as the crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative.
Amended by 2022 Ch. 276, § 9, eff. 8/10/2022.
Amended by 2019 Ch. 295, § 1, eff. 8/2/2019.
Amended by 2017 Ch. 335, § 1, eff. 9/1/2017.
Added by 2014 Ch. 317, § 3, eff. 8/1/2014.
L. 2014: Entire part added, (SB 14-206), ch. 317, p. 1377, § 3, effective August 1. L. 2017: (9) added, (HB 17-1208), ch. 335, p. 1790, § 1, effective September 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 2014.
2022 Ch. 276, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 7 - CRIMINAL JUSTICE RECORD SEALING (§§ 24-72-701 — 24-72-711) › Section 24-72-707 - Sealing of criminal conviction records information for offenses committed by victims of human trafficking

(1)
Sealing of conviction records.
At any time after conviction, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any misdemeanor offense or municipal code or ordinance violation, excluding any offense of a crime as defined in section
24-4.1-302 (1)
.
(1.5)
A person charged with or convicted of prostitution, as described in section
18-7-201
, or any corresponding municipal code or ordinance, which offense was committed as a direct result of being a victim of human trafficking, as defined in section
18-7-201.3 (4)
, may file a motion with the court for a sealing of the person's records.
(2)
A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee.
(3)
The court shall order the records sealed after:
(a)
The petition is filed; and
(b)
The defendant establishes by a preponderance of the evidence that, at the time the defendant committed the offense, the defendant had been trafficked by another person, as described in section
18-3-503
or
18-3-504
, for the purpose of performing the offense. Official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim of human trafficking at the time of the offense creates a presumption that the defendant's participation in the offense was the direct result of being a victim of human trafficking.
Amended by 2022 Ch. 276, § 14, eff. 8/10/2022.
Amended by 2019 Ch. 295, § 1, eff. 8/2/2019.
Added by 2014 Ch. 317, § 3, eff. 8/1/2014.
L. 2019: Entire part R&RE, (HB 19-1275), ch. 2745, p. 2745, § 1, effective August 2.
2022 Ch. 276, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 7 - CRIMINAL JUSTICE RECORD SEALING (§§ 24-72-701 — 24-72-711) › Section 24-72-710 - Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon

(1)
At any time after receiving a full and unconditional pardon, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any offenses that received a full and unconditional pardon.
(2)
A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee but shall provide notice of the motion to the district attorney.
(3)
The district attorney shall determine whether to object to the petition after considering the factors in section
24-72-706 (1)(g)
and the additional factor of the defendant having received a full and unconditional pardon. The district attorney shall advise the court of a victim's objection and request for hearing if known. If the district attorney does not object and the offense is not a crime enumerated in section
24-4.1-302 (1)
, the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition or the offense is a crime enumerated in section
24-4.1-302 (1)
and the district attorney requests a hearing on behalf of a victim, the court shall set the matter for hearing. The court shall order the records sealed unless the court finds by clear and convincing evidence that the public interest in retaining public access to the conviction records outweighs the harm to the privacy of the defendant, the dangers of unwarranted, adverse consequences to the defendant, and the intent of the full and unconditional pardon.
Added by 2021 Ch. 455, § 7, eff. 9/7/2021.
Subsection (3)(a)(X)(D) provided for the repeal of subsection (3)(a)(X)(D), effective May 1, 2021. (See L. 2018, p. 1759.)
2021 Ch. 455, was passed without a safety clause. See Colo. Const. art. V, § 1(3).