State Archives Statute - Article 72

COLORADO REVISED STATUTES, 2018

TITLE 24 - ARTICLE 72

PUBLIC (OPEN) RECORDS

PART 1 — RESTORATION AND EVIDENCE

JULY 2018
 

24-72-100.1.  Short title. (Repealed)

            Source: L. 2008: Entire section added, p. 1903, § 92, effective August 5. L. 2009: Entire section repealed, (SB 09-292), ch. 369, p. 1968, § 78, effective August 5.

24-72-101.  Records destroyed - certified copies rerecorded. Whenever it appears that the records, or any material part thereof, of any county in this state have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing of whatever nature or character affecting real estate or irrigation ditches in such county, or certified copies thereof, may be rerecorded, and in recording the same the recorder shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof, and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the original record.

            Source: L. 1889: p. 302, § 1. R.S. 08: § 5269. C.L. § 5026. CSA: C. 135, § 1. CRS 53: § 113-1-1. C.R.S. 1963: § 113-1-1.

            Cross references: For certified copies of papers filed in office of county clerk and recorder as prima facie evidence, see § 30-10-413; for the rule of evidence relating certified copies of public records, see C.R.E. 902(4).

24-72-102.  District court to restore destroyed records. (1)  Whenever the public records of any plat or map or any tax list, assessment roll, or any public record or writing connected with the assessment and collection of the revenues of such county and of the state which is required to be kept by the county clerk and recorder of such county in his office is lost or destroyed by fire or otherwise, it is the duty of the county attorney of the county in which such loss or destruction occurs to file in the district court of such county an information in the name of the people of the state of Colorado, setting forth substantially the fact of such loss or destruction of such public records, or so much thereof as may be desired to be reproduced and reestablished or restored, with the circumstances attending the loss or destruction of the same, as nearly as may be, and thereupon the clerk of such court shall cause such information to be published in full in one or more newspapers published in such county for the period of four weeks, together with the notice addressed, "To all whom it may concern", that the court, at a term therein designated to be held not less than four weeks from the first publication of such information and notice, will proceed to hear and determine the matters in said information set forth and will take testimony for the purpose of reproducing, reestablishing, or restoring such records as the court finds to be lost or destroyed. Upon such publication being made, all persons interested shall be deemed defendants and may appear in person or by counsel and be heard touching such proceedings.

            (2)  If the court is satisfied that any public record has been lost or destroyed, an order to that effect shall be entered of record, and thereupon the court shall proceed to take testimony for the purpose of reproducing, reestablishing, or restoring the records so lost or destroyed. The proceedings may be continued from time to time and orders and decrees shall be made as to each record, map, plat, tax list, and assessment roll separately. The clerk shall cause all maps, plats, tax lists, assessment rolls, or other records adjudged by the court to be correct copies of the records lost or destroyed, as often and as soon as they are so adjudged, to be filed in the office of the county recorder, with a certified copy of the order or judgment of the court in the premises attached thereto and recorded in a book to be provided for that purpose, and the said record shall be deemed and taken in all courts and places as a public record and as a true and correct reproduction of the original record so lost or destroyed; but any tax list or assessment roll so reproduced and restored, or so much thereof as may be reproduced and restored under the provisions of this section, shall be sufficient authority for the treasurer of such county to collect all taxes contained therein, the same in all respects as if it were the original tax list or assessment roll and were made out, certified, and delivered to him within the time required by law.

            Source:  L. 1889: p. 303, § 2. R.S. 08: § 5270. C.L. § 5027. CSA: C. 135, § 2. CRS 53: § 113-1-2. C.R.S. 1963: § 113-1-2.

24-72-103.  Costs and expenses of proceeding. All costs and expenses incurred in the proceeding under section 24-72-102, including those for copies of maps, plats, and other records and recording the same, shall be taxed as costs against the county in which such proceedings are had.

            Source:  L. 1889: p. 304, § 3. R.S. 08: § 5271. C.L. § 5028. CSA: C. 135, § 3. CRS 53: § 113-1-3. C.R.S. 1963: § 113-1-3.

24-72-104.  Purchase abstracts. (1)  It is the duty of the judge of such court to examine into the state of such records in such county, and, in case he finds any abstracts, copies, minutes, or extracts from said records existing after such loss or destruction and finds that said abstracts, copies, minutes, or extracts were fairly made before such destruction of the records by any person in the ordinary course of business and that they contain a material and substantial part of said records, the judge of such court shall certify the facts found by him in respect to such abstracts, copies, minutes, and extracts and also, if he is of the opinion, that such abstracts, copies, minutes, and extracts tend to show a connected chain of title to the land in said county; and, upon filing such certificate of such judge with the county clerk of the proper county, the board of county commissioners, with the approval of such judge, may purchase from the owners thereof such abstracts, copies, minutes, or extracts, or such part thereof as may tend to show a connected chain of title to the lands in such county, including all such judgments and decrees as form part of any such chain of title, paying therefor such fair and reasonable price as may be agreed upon between such board and such owner.

            (2)  The amount thus agreed to be paid for such abstracts, copies, minutes, or extracts shall be paid by such county in money, bonds, or warrants, to be issued by such county as the board of county commissioners may determine; or said board, with the approval of said judge, may procure a copy of said abstracts, copies, minutes, and extracts, instead of the originals, to be paid for in like manner. If no agreement can be made between said board and the owners of such abstracts, copies, minutes, or extracts as to the amount that should be paid for the same, the board may apply to the judge of the court by filing with the clerk a petition for the purpose of ascertaining the compensation that shall be paid to the owners of said abstracts, copies, minutes, or extracts to be assessed, and the proceedings thereunder shall be in like manner, as near as may be, as provided in articles 1 to 7 of title 38, C.R.S.

            Source: L. 1889: p. 304, § 4. R.S. 08: § 5272. C.L. § 5029. CSA: C. 135, § 4. CRS 53: § 113-1-4. C.R.S. 1963: § 113-1-4.

24-72-105.  Abstract books part of records - evidence. When any county is possessed of abstract books, copies, minutes, and extracts, they shall be placed in the office of the county clerk and recorder of said county as part of his records, and, if the abstract books are not alphabetically indexed showing grantors and grantees, he shall cause them to be indexed in the same manner as is provided for indexing original records. The county clerk and recorder shall be paid by the county such fees as are provided by law. If the original of any deed, mortgage, or other instrument in writing affecting the title of any land in said county is lost or destroyed and it is thus impossible for a party to produce the same in any judicial or other proceeding, a copy of the abstract books, copies, minutes, and extracts or any part thereof, duly certified by the county clerk and recorder of the county, shall be admissible as evidence in all courts of record in this state. It is the duty of the county clerk and recorder of the county to furnish to any parties so requesting certified copies of the same or parts thereof upon payment of the charges required by law.

            Source: L. 1889: p. 305, § 5. R.S. 08: § 5273. C.L. § 5030. CSA: C. 135, § 5. CRS 53: § 113-1-5. C.R.S. 1963: § 113-1-5. L. 73: p. 1413, § 83.

            Cross references: For fees of county clerk and recorders, see § 30-1-103.

24-72-106.  Abstract books - use - presumptions. In all cases in which any abstract books, copies, minutes, and extracts, purchased and placed in the county clerk and recorder's office, are admissible and shall be received in evidence under the provisions of this part 1, all deeds or other instruments in writing appearing thereby to have been executed by any person or in which they appear to have joined, except as against any person in the actual adverse possession of the land described therein at the time of the destruction of the records of said county, claiming title thereto otherwise than under a sale for taxes or special assessments shall be presumed to have been executed and acknowledged according to law, and all sales under powers, judgments, decrees, or legal proceedings, sales for taxes and assessments excepted, shall be presumed to be regular and correct, except as against said person in actual adverse possession, and unless the abstracts, books, copies, minutes, and extracts show affirmatively some defect or irregularity. Otherwise, any person alleging any defect or irregularity in such conveyance, acknowledgment, or sale shall be held bound to prove the same.

            Source: L. 1889: p. 306, § 6. R.S. 08: § 5274. C.L. § 5031. CSA: C. 135, § 6. CRS 53: § 113-1-6. C.R.S. 1963: § 113-1-6.

24-72-107.  Abstract books, when notice. The abstracts, books, copies, minutes, and extracts, when so placed in the county clerk and recorder's office, shall be deemed notice of all deeds, mortgages, agreements in writing, powers of attorney, and other written instruments affecting or pertaining to the title of real estate, or any interest therein, appearing thereby to have been executed and recorded prior to the destruction of such records, in like manner and to the same intent as the records so destroyed. Nothing in this part 1 shall impair the effect of said destroyed records as notice.

            Source: L. 1889: p. 306, § 7. R.S. 08: § 5275. C.L. § 5032. CSA: C. 135, § 7. CRS 53: § 113-1-7. C.R.S. 1963: § 113-1-7.

24-72-108.  Jurisdiction of courts to make inquiry. In case of such destruction of records as provided for in sections 24-72-101 to 24-72-107, the district court having jurisdiction has power to inquire into the condition of any title to or interest in any land in such county and to make all such orders, judgments, and decrees as are necessary to determine and establish said title or interest, legal or equitable, against all persons, known or unknown, and all liens existing on such lands, whether by statute, judgment, mortgage, deed of trust, or otherwise.

            Source: L. 1889: p. 307, § 8. R.S. 08: § 5276. C.L. § 5033. CSA: C. 135, § 8. CRS 53: § 113-1-8. C.R.S. 1963: § 113-1-8.

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.

            Source: 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.

24-72-110.  Evidence admissible, when - charges. (1)  In all cases under the provisions of this part 1 and in all proceedings or actions instituted after April 19, 1889, as to any estate or any interest or right in or any lien or encumbrance upon any lots, pieces, or parcels of land, where the original evidence has been destroyed or lost or is not in the possession of the party wishing to use it on the trial and the record thereof has been destroyed by fire or otherwise, the court shall receive all such evidence as may have a bearing on the case to establish the execution or contents of the records and deeds so destroyed, although not admissible as evidence under the existing rules governing the admission of evidence, and the testimony of the parties themselves shall be received, subject to all the qualifications in respect to such testimony which are now provided by law. Any writing in the hands of any person which may become admissible in evidence under the provisions of this section or any other part of this part 1 shall be rejected and not admitted in evidence unless the same appears upon its face without erasure, blemish, alteration, interlineation, or interpolation in any material part, unless the same is explained to the satisfaction of the court, and to have been fairly and honestly made in the ordinary course of business. Any person making any such erasure, alteration, interlineation, or interpolation in any such writing, with the intent to change the same in any substantial matter, after the same has been once made, is guilty of the crime of forgery and shall be punished accordingly. Any and all persons who may be engaged in the business of making writings or written entries concerning or relating to lands and real estate in any county in this state to which this part 1 applies and of furnishing to persons applying therefor abstracts and copies of such writings or written entries as aforesaid for a fee, reward, or compensation therefor and who do not make the same truly and without alteration or interpolation in any matter of substance, with a view and intent to alter or change the same in any material matter or substance, are guilty of the crime of forgery and shall be punished accordingly.

            (2)  Any such person shall furnish such abstracts or copies to the person applying therefor, in the order of application and without unnecessary delay, for a reasonable consideration to be allowed therefor. Any person so engaged, whose business is declared to stand upon a like footing with that of a common carrier, who refuses to so furnish if tender of payment is made to him of the amount demanded for such abstract or copy, not to exceed said reasonable consideration, as soon as such amount is made known or ascertained, or of a sum adequate to cover such amount before its ascertainment, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars and shall be liable in any proper form of action or suit for any and all damages, loss, or injury which any person applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy.

            Source: L. 1889: p. 307, § 10. R.S. 08: § 5278. C.L. § 5035. CSA: C. 135, § 10. CRS 53: § 113-1-10. C.R.S. 1963: § 113-1-10. L. 72: p. 564, § 38. L. 97: (1) amended, p. 1021, § 39, effective August 6.

            Cross references: For the crime of forgery, see § 18-5-102.

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.

            Source: 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.

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.

            Source: L. 45: p. 208, § 1. CSA: C. 135, § 12. CRS 53: § 113-1-12. C.R.S. 1963: § 113-1-12.

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, C.R.S., any juvenile facility operated by the Colorado department of human services, as listed in sections 19-2-402, 19-2-403, and 19-2-406 through 19-2-408, C.R.S., or any passive surveillance records made or maintained as required under federal law.

                        Source: L. 2014: Entire section added, (HB 14-1152), ch. 96, p. 350, § 1, effective April 4.
 


 

PART 2 — INSPECTION, COPYING, OR PHOTOGRAPHING


Cross references: For provisions concerning the distribution of reports of agencies pursuant to the "Information Coordination Act", see § 24-1-136; for provisions concerning access to records pursuant to federal law, see the "Freedom of Information Act", 5 U.S.C. § 552.

Law reviews: For article, "'Columbine' and Colorado's Records Acts", see 45 Colo. Law. 45 (Sept. 2016).

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".

                        Source: L. 2009: Entire section added, (SB 09-292), ch. 369, p. 1969, § 79, effective August 5.

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.

                        Source: L. 68: p. 201, § 1. C.R.S. 1963: § 113-2-1.

24-72-202.  Definitions. As used in this part 2, unless the context otherwise requires:

            (1)  "Correspondence" means a communication that is sent to or received by one or more specifically identified individuals and that is or can be produced in written form, including, without limitation:

            (a)  Communications sent via U.S. mail;

            (b)  Communications sent via private courier;

            (c)  Communications sent via electronic mail.

            (1.1)  "Custodian" means and includes the official custodian or any authorized person having personal custody and control of the public records in question.

            (1.2)  "Electronic mail" means an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.

            (1.3)  "Executive position" means any nonelective employment position with a state agency, institution, or political subdivision, except employment positions in the state personnel system or employment positions in a classified system or civil service system of an institution or political subdivision.

            (1.5)  "Institution" includes but is not limited to every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. In particular, the term includes the university of Colorado, the regents thereof, and any other state institution of higher education or governing board referred to by the provisions of section 5 of article VIII of the state constitution.

            (1.6)  "Institutionally related foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the benefit of an institution. An institutionally related foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.

            (1.7)  "Institutionally related health care foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for medical or health care related programs or services at an institution. An institutionally related health care foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.

            (1.8)  "Institutionally related real estate foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the acquisition, development, financing, leasing, or disposition of real property for the benefit of an institution. An institutionally related real estate foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.

            (1.9)  "Local government-financed entity" shall have the same meaning as provided in section 29-1-901 (1), C.R.S.

            (2)  "Official custodian" means and includes any officer or employee of the state, of any agency, institution, or political subdivision of the state, of any institutionally related foundation, of any institutionally related health care foundation, of any institutionally related real estate foundation, or of any local government-financed entity, who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his or her actual personal custody and control.

            (3)  "Person" means and includes any natural person, including any public employee and any elected or appointed public official acting in an official or personal capacity, and any corporation, limited liability company, partnership, firm, or association.

            (4)  "Person in interest" means and includes the person who is the subject of a record or any representative designated by said person; except that, if the subject of the record is under legal disability, "person in interest" means and includes his parent or duly appointed legal representative.

            (4.5)  "Personnel files" means and includes home addresses, telephone numbers, financial information, and other information maintained because of the employer-employee relationship, and other documents specifically exempt from disclosure under this part 2 or any other provision of law. "Personnel files" does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports required under section 23-5-123, C.R.S., or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions, or political subdivisions.

            (5)  "Political subdivision" means and includes every county, city and county, city, town, school district, special district, public highway authority, regional transportation authority, and housing authority within this state.

            (6) (a) (I)  "Public records" means and includes all writings made, maintained, or kept by the state, any agency, institution, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or political subdivision of the state, or that are described in section 29-1-902, C.R.S., and held by any local-government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.

            (II)  "Public records" includes the correspondence of elected officials, except to the extent that such correspondence is:

            (A)  Work product;

            (B)  Without a demonstrable connection to the exercise of functions required or authorized by law or administrative rule and does not involve the receipt or expenditure of public funds;

            (C)  A communication from a constituent to an elected official that clearly implies by its nature or content that the constituent expects that it is confidential or that is communicated for the purpose of requesting that the elected official render assistance or information relating to a personal and private matter that is not publicly known affecting the constituent or a communication from the elected official in response to such a communication from a constituent; or

            (D)  Subject to nondisclosure as required in section 24-72-204 (1).

            (III)  The acceptance by a public official or employee of compensation for services rendered, or the use by such official or employee of publicly owned equipment or supplies, shall not be construed to convert a writing that is not otherwise a "public record" into a "public record".

            (IV)  "Public records" means, except as provided in subparagraphs (VIII) and (IX) of paragraph (b) of this subsection (6), for an institutionally related foundation, an institutionally related health care foundation, or an institutionally related real estate foundation, all writings relating to the requests for disbursement or expenditure of funds, the approval or denial of requests for disbursement or expenditure of funds, or the disbursement or expenditure of funds, by the institutionally related foundation, the institutionally related health care foundation, or the institutionally related real estate foundation, to, on behalf of, or for the benefit of the institution or any employee of the institution. For purposes of this subparagraph (IV), "expenditure" shall be defined in accordance with generally accepted accounting principles.

            (b)  "Public records" does not include:

            (I)  Criminal justice records that are subject to the provisions of part 3 of this article;

            (II)  Work product prepared for elected officials. However, elected officials may release, or authorize the release of, all or any part of work product prepared for them.

            (III)  Data, information, and records relating to collegeinvest programs pursuant to sections 23-3.1-225 and 23-3.1-307.5, C.R.S., as follows:

            (A)  Data, information, and records relating to individual purchasers and qualified beneficiaries of advance payment contracts under the prepaid expense trust fund and the prepaid expense program, including any records that reveal personally identifiable information about such individuals;

            (B)  Data, information, and records, including medical records, relating to designated beneficiaries of and individual contributors to an individual trust account or savings account under the savings programs established pursuant to part 3 of article 3.1 of title 23, C.R.S., including any records that reveal personally identifiable information about such individuals;

            (C)  Trade secrets and proprietary information regarding software, including programs and source codes, utilized or owned by collegeinvest; and

            (D)  Marketing plans and the results of market surveys conducted by collegeinvest.

            (IV)  Materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.

            (V)  Notification of a possible nonaccidental fire loss or fraudulent insurance act given to an authorized agency pursuant to section 10-4-1003 (1), C.R.S.

            (VI)  For purposes of an institutionally related foundation, any documents, agreements, or other records or information other than the writings relating to the financial expenditure records specified in subparagraph (IV) of paragraph (a) of this subsection (6).

            (VII)  For purposes of an institution or an institutionally related foundation:

            (A)  The identity of, or records or information identifying or leading to the identification of, any donor or prospective donor to an institution or an institutionally related foundation;

            (B)  The amount of any actual or prospective gift or donation from a donor or prospective donor to an institutionally related foundation;

            (C)  Proprietary fundraising information of an institution or an institutionally related foundation; or

            (D)  Agreements or other documents relating to gifts or donations or prospective gifts or donations to an institution or an institutionally related foundation from a donor or prospective donor.

            (VIII)  For purposes of an institutionally related health care foundation, expenditures by an institutionally related health care foundation to an institution for medical or health care related programs or services;

            (IX)  For purposes of an institutionally related real estate foundation, prior to the completion of any transaction for the acquisition, development, financing, leasing, or disposition of real property, all writings relating to such transaction;

            (X)  The information security plan of a public agency developed pursuant to section 24-37.5-404 or of an institution of higher education developed pursuant to section 24-37.5-404.5;

            (XI)  Information security incident reports prepared pursuant to section 24-37.5-404 (2)(e) or 24-37.5-404.5 (2)(e);

            (XII)  Information security audit and assessment reports prepared pursuant to section 24-37.5-403 (2)(d) or 24-37.5-404.5 (2)(d); or

            (XIII)  The information provided to the state medical marijuana licensing authority pursuant to section 25-1.5-106 (7)(e), C.R.S.

            (6.5) (a)  "Work product" means and includes all intra- or inter-agency advisory or deliberative materials assembled for the benefit of elected officials, which materials express an opinion or are deliberative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to:

            (I)  Notes and memoranda that relate to or serve as background information for such decisions;

            (II)  Preliminary drafts and discussion copies of documents that express a decision by an elected official.

            (b)  "Work product" also includes:

            (I)  All documents relating to the drafting of bills or amendments, pursuant to section 2-3-304 (1) or 2-3-505 (2)(b), C.R.S., but it does not include the final version of documents prepared or assembled pursuant to section 2-3-505 (2)(c), C.R.S.;

            (II)  All documents prepared or assembled by a member of the general assembly relating to the drafting of bills or amendments;

            (III)  All documents prepared by or submitted to any legislative staff in connection with assisting a member of the general assembly in responding to the correspondence from a constituent when such correspondence is not a public record of an elected official as provided for in subsection (6) of this section;

            (IV)  All documents and all research projects conducted by staff of legislative council pursuant to section 2-3-304 (1), C.R.S., if the research is requested by a member of the general assembly and identified by the member as being in connection with pending or proposed legislation or amendments thereto. However, the final product of any such research project shall become a public record unless the member specifically requests that it remain work product. In addition, if such a research project is requested by a member of the general assembly and the project is not identified as being in connection with pending or proposed legislation or amendments thereto, the final product shall become a public record.

            (c)  "Work product" does not include:

            (I)  Any final version of a document that expresses a final decision by an elected official;

            (II)  Any final version of a fiscal or performance audit report or similar document the purpose of which is to investigate, track, or account for the operation or management of a public entity or the expenditure of public money, together with the final version of any supporting material attached to such final report or document;

            (III)  Any final accounting or final financial record or report;

            (IV)  Any materials that would otherwise constitute work product if such materials are produced and distributed to the members of a public body for their use or consideration in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.

            (d) (I)  In addition, "work product" does not include any final version of a document prepared or assembled for an elected official that consists solely of factual information compiled from public sources. The final version of such a document shall be a public record. These documents include, but are not limited to:

            (A)  Comparisons of existing laws, ordinances, rules, or regulations with the provisions of any bill, amendment, or proposed law, ordinance, rule, or regulation; comparisons of any bills, amendments, or proposed laws, ordinances, rules, or regulations with other bills, amendments, or proposed laws, ordinances, rules, or regulations; comparisons of different versions of bills, amendments, or proposed laws, ordinances, rules, or regulations; and comparisons of the laws, ordinances, rules, or regulations of the jurisdiction of the elected official with the laws, ordinances, rules, or regulations of other jurisdictions;

            (B)  Compilations of existing public information, statistics, or data;

            (C)  Compilations or explanations of general areas or bodies of law, ordinances, rules, or regulations, legislative history, or legislative policy.

            (II)  This paragraph (d) shall not apply to documents prepared or assembled for members of the general assembly pursuant to paragraph (b) of this subsection (6.5).

            (7)  "Writings" means and includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. "Writings" includes digitally stored data, including without limitation electronic mail messages, but does not include computer software.

            (8)  For purposes of subsections (6) and (6.5) of this section and sections 24-72-203 (2)(b) and 24-6-402 (2)(d)(III), the members of the Colorado reapportionment commission shall be considered elected officials.

            Source: L. 68: p. 201, § 2. C.R.S. 1963: § 113-2-2. L. 77: (6) amended, p. 1250, § 2, effective December 31. L. 85: (1.5) added, p. 867, § 1, effective June 6. L. 90: (3) amended, p. 449, § 21, effective April 18. L. 91: (5) amended, p. 726, § 3, effective April 20. L. 92: (4.5) added and (7) amended, p. 1103, § 2, effective July 1. L. 94: (1.3) added, p. 936, § 1, effective April 28; (4.5) amended, p. 832, § 2, effective April 28. L. 96: (1.7) added and (2) and (6) amended, p. 141, § 2, effective April 8; (1), (6), and (7) amended and (1.1), (1.2), and (6.5) added, p. 1480, § 4, effective June 1. L. 97: (6)(b)(II) and (6.5)(b) amended and (6.5)(d) added, p. 1104, §§ 2, 3, effective August 6. L. 98: (6)(b)(III) added, p. 213, § 3, effective August 5. L. 99: (6.5)(c)(IV) amended, p. 205, § 2, effective March 31. L. 2000: (6)(b)(III) amended, p. 223, § 4, effective March 29; (6)(b)(IV) added, p. 243, § 8, effective March 29; (6)(a)(I) amended, p. 415, § 6, effective April 13; (6)(b)(V) added, p. 1736, § 4, effective June 1. L. 2001: (8) added, p. 1075, § 4, effective August 8. L. 2002: (3) amended, p. 643, § 2, effective May 24; (5) amended, p. 402, § 3, effective August 7. L. 2004: (6)(b)(III) amended, p. 575, § 33, effective July 1. L. 2005: (1.6), (1.8), (1.9), (6)(a)(IV), (6)(b)(VI), (6)(b)(VII), (6)(b)(VIII), and (6)(b)(IX) added and (2) amended, pp. 530, 531, §§ 1, 2, 3, effective May 24; (5) amended, p. 1068, § 15, effective January 1, 2006. L. 2006: (1.7), (1.8), and (1.9) amended, p. 1503, § 43, effective June 1; (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) added, p. 1719, § 2, effective June 6. L. 2007: (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) amended, p. 917, § 16, effective May 17. L. 2009: (6)(a)(II)(C) and (6.5)(b) amended, (HB 09-1348), ch. 358, p. 1864, § 3, effective June 1. L. 2010: (6)(b)(XI) and (6)(b)(XII) amended and (6)(b)(XIII) added, (HB 10-1284), ch. 355, p. 1687, § 13, effective July 1. L. 2011: (6)(b)(X) amended, (SB 11-062), ch. 128, p. 435, § 18, effective April 22; (6)(b)(XIII) amended, (HB 11-1043), ch. 266, p. 1211, § 18, effective July 1. L. 2015: (6)(b)(III)(B) amended, (HB 15-1359), ch. 269, p. 1055, § 15, effective June 3.

            Editor's note: Amendments to subsection (6) by House Bill 96-1029 and Senate Bill 96-212 were harmonized.

            Cross references: (1)  For the legislative declaration contained in the 1996 act amending subsections (1), (6), and (7) and enacting subsections (1.1), (1.2), and (6.5), see section 1 of chapter 271, Session Laws of Colorado 1996.

            (2)  For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 187, Session Laws of Colorado 2002.

            (3)  For the legislative declaration contained in the 2005 act amending subsection (5), see section 1 of chapter 269, Session Laws of Colorado 2005.


24-72-203.  Public records open to inspection. (1) (a)  All public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise provided by law, but the official custodian of any public records may make such rules with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian's office.

            (b)  Where public records are kept only in miniaturized or digital form, whether on magnetic or optical disks, tapes, microfilm, microfiche, or otherwise, the official custodian shall:

            (I)  Adopt a policy regarding the retention, archiving, and destruction of such records; and

            (II)  Take such measures as are necessary to assist the public in locating any specific public records sought and to ensure public access to the public records without unreasonable delay or unreasonable cost. Such measures may include, without limitation, the availability of viewing stations for public records kept on microfiche; the provision of portable disk copies of computer files; or direct electronic access via online bulletin boards or other means.

            (2) (a)  If the public records requested are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact, in writing if requested by the applicant. In such notification, the person shall state in detail to the best of the person's knowledge and belief the reason for the absence of the records from the person's custody or control, the location of the records, and what person then has custody or control of the records.

            (b)  If an official custodian has custody of correspondence sent by or received by an elected official, the official custodian shall consult with the elected official prior to allowing inspection of the correspondence for the purpose of determining whether the correspondence is a public record.

            (3) (a)  If the public records requested are in the custody and control of the person to whom application is made but are in active use, in storage, or otherwise not readily available at the time an applicant asks to examine them, the custodian shall forthwith notify the applicant of this fact, in writing if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour at which time the records will be available for inspection.

            (b)  The date and hour set for the inspection of records not readily available at the time of the request shall be within a reasonable time after the request. As used in this subsection (3), a "reasonable time" shall be presumed to be three working days or less. Such period may be extended if extenuating circumstances exist. However, such period of extension shall not exceed seven working days. A finding that extenuating circumstances exist shall be made in writing by the custodian and shall be provided to the person making the request within the three-day period. Extenuating circumstances shall apply only when:

            (I)  A broadly stated request is made that encompasses all or substantially all of a large category of records and the request is without sufficient specificity to allow the custodian reasonably to prepare or gather the records within the three-day period; or

            (II)  A broadly stated request is made that encompasses all or substantially all of a large category of records and the agency is unable to prepare or gather the records within the three-day period because:

            (A)  The agency needs to devote all or substantially all of its resources to meeting an impending deadline or period of peak demand that is either unique or not predicted to recur more frequently than once a month; or

            (B)  In the case of the general assembly or its staff or service agencies, the general assembly is in session; or

            (III)  A request involves such a large volume of records that the custodian cannot reasonably prepare or gather the records within the three-day period without substantially interfering with the custodian's obligation to perform his or her other public service responsibilities.

            (c)  In no event can extenuating circumstances apply to a request that relates to a single, specifically identified document.

            (3.5) (a)  Except as otherwise required by subsection (3.5)(b) of this section:

            (I)  If a public record is stored in a digital format that is neither searchable nor sortable, the custodian shall provide a copy of the public record in a digital format.

            (II)  If a public record is stored in a digital format that is searchable but not sortable, the custodian shall provide a copy of the public record in a searchable format.

            (III)  If a public record is stored in a digital format that is sortable, the custodian shall provide a copy of the public record in a sortable format.

            (b)  A custodian is not required to produce a public record in a searchable or sortable format in accordance with subsection (3.5)(a) of this section if:

            (I)  Producing the record in the requested format would violate the terms of any copyright or licensing agreement between the custodian and a third party or result in the release of a third party's proprietary information; or

            (II)  After making reasonable inquiries, it is not technologically or practically feasible to permanently remove information that the custodian is required or allowed to withhold within the requested format, it is not technologically or practically feasible to provide a copy of the record in a searchable or sortable format, or if the custodian would be required to purchase software or create additional programming or functionality in its existing software to remove the information.

            (c)  If a custodian is not able to comply with a request to produce a public record that is subject to disclosure in a requested format specified in subsection (3.5)(a) of this section, the custodian shall produce the record in an alternate format or issue a denial under section 24-72-204 and shall provide a written declaration attesting to the reasons the custodian is not able to produce the record in the requested format. If a court subsequently rules the custodian should have provided the record in the requested format, attorney fees may be awarded only if the custodian's action was arbitrary or capricious.

            (d)  Altering an existing public record, or excising fields of information pursuant to this subsection (3.5) to remove information that the custodian is either required or permitted to withhold, does not constitute the creation of a new public record.

            (e)  Nothing in this subsection (3.5) relieves or mitigates the obligations of a custodian to produce a public record in a format accessible to individuals with disabilities in accordance with Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131 et. seq., and other federal or state laws.

            (4)  Nothing in this article shall preclude the state or any of its agencies, institutions, or political subdivisions from obtaining and enforcing trademark or copyright protection for any public record, and the state and its agencies, institutions, and political subdivisions are hereby specifically authorized to obtain and enforce such protection in accordance with the applicable federal law; except that this authorization shall not restrict public access to or fair use of copyrighted materials and shall not apply to writings which are merely lists or other compilations.

            Source: L. 68: p. 202, § 3. C.R.S. 1963: § 113-2-3. L. 92: (4) added, p. 1104, § 3, effective July 1. L. 96: (1) to (3) amended, p. 1483, § 5, effective June 1. L. 99: IP(3)(b) amended and (3)(b)(III) added, p. 207, § 1, effective March 31. L. 2017: (3.5) added, (SB 17-040), ch. 286, p. 1582, § 1, effective August 9. L. 2018: IP(3.5)(b) and (3.5)(c) amended, (HB 18-1375), ch. 274, p. 1711, § 53, effective May 29.

            Cross references: For the legislative declaration contained in the 1996 act amending subsections (1) to (3), see section 1 of chapter 271, Session Laws of Colorado 1996.

24-72-204.  Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal. (1)  The custodian of any public records shall allow any person the right of inspection of such records or any portion thereof except on one or more of the following grounds or as provided in subsection (2) or (3) of this section:

            (a)  Such inspection would be contrary to any state statute.

            (b)  Such inspection would be contrary to any federal statute or regulation issued thereunder having the force and effect of law.

            (c)  Such inspection is prohibited by rules promulgated by the supreme court or by the order of any court.

            (d)  Such inspection would be contrary to the requirements of any joint rule of the senate and the house of representatives pertaining to lobbying practices.

            (2) (a)  The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:

            (I)  Any records of the investigations conducted by any sheriff, prosecuting attorney, or police department, any records of the intelligence information or security procedures of any sheriff, prosecuting attorney, or police department, or any investigatory files compiled for any other law enforcement purpose;

            (II)  Test questions, scoring keys, and other examination data pertaining to administration of a licensing examination, examination for employment, or academic examination; except that written promotional examinations and the scores or results thereof conducted pursuant to the state personnel system or any similar system shall be available for inspection, but not copying or reproduction, by the person in interest after the conducting and grading of any such examination;

            (III)  The specific details of bona fide research projects being conducted by a state institution, including, without limitation, research projects undertaken by staff or service agencies of the general assembly or the office of the governor in connection with pending or anticipated legislation;

            (IV)  The contents of real estate appraisals made for the state or a political subdivision thereof relative to the acquisition of property or any interest in property for public use, until such time as title to the property or property interest has passed to the state or political subdivision; except that the contents of such appraisal shall be available to the owner of the property, if a condemning authority determines that it intends to acquire said property as provided in section 38-1-121, C.R.S., relating to eminent domain proceedings, but, in any case, the contents of such appraisal shall be available to the owner under this section no later than one year after the condemning authority receives said appraisal; and except as provided by the Colorado rules of civil procedure. If condemnation proceedings are instituted to acquire any such property, any owner of such property who has received the contents of any appraisal pursuant to this section shall, upon receipt thereof, make available to said state or political subdivision a copy of the contents of any appraisal which the owner has obtained relative to the proposed acquisition of the property.

            (V)  Any market analysis data generated by the department of transportation's bid analysis and management system for the confidential use of the department of transportation in awarding contracts for construction or for the purchase of goods or services and any records, documents, and automated systems prepared for the bid analysis and management system;

            (VI)  Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121, C.R.S.;

            (VII)  Electronic mail addresses provided by a person to an agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the agency, institution, or political subdivision; and

            (VIII) (A)  Specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure, including the specific engineering, vulnerability, detailed design information, protective measures, emergency response plans, or system operational data of such assets that would be useful to a person in planning an attack on critical infrastructure but that does not simply provide the general location of such infrastructure. Nothing in this subsection (2)(a)(VIII) prohibits the custodian from transferring records containing specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure to the division of homeland security and emergency management in the department of public safety, the governing body of any city, county, city and county, or other political subdivision of the state, or any federal, state, or local law enforcement agency; except that the custodian shall not transfer any record received from a nongovernmental entity without the prior written consent of the entity unless such information is already publicly available.

            (B)  Records of the expenditure of public moneys on security arrangements or investigations, including contracts for security arrangements and records related to the procurement of, budgeting for, or expenditures on security systems, shall be open for inspection, except to the extent that they contain specialized details of security arrangements or investigations. A custodian may deny the right of inspection of only the portions of a record described in this sub-subparagraph (B) that contain specialized details of security arrangements or investigations and shall allow inspection of the remaining portions of the record.

            (C)  If an official custodian has custody of a public record provided by another public entity, including the state or a political subdivision, that contains specialized details of security arrangements or investigations, the official custodian shall refer a request to inspect that public record to the official custodian of the public entity that provided the record and shall disclose to the person making the request the names of the public entity and its official custodian to which the request is referred.

            (IX) (A)  Any records of ongoing civil or administrative investigations conducted by the state or an agency of the state in furtherance of their statutory authority to protect the public health, welfare, or safety unless the investigation focuses on a person or persons inside of the investigative agency.

            (B)  Upon conclusion of a civil or administrative investigation that is closed because no further investigation, discipline, or other agency response is warranted, all records not exempt pursuant to any other law are open to inspection; except that the custodian may remove the name or other personal identifying or financial information of witnesses or targets of such closed investigations from investigative records prior to inspection.

            (C)  Notwithstanding any other provision of this subparagraph (IX), a record is not subject to withholding on the grounds that it is maintained or kept in a civil or administrative investigative file except pursuant to paragraph (a) of subsection (6) of this section if the record was publicly disclosed; was filed with an agency of the state by a regulated entity under a statutory, regulatory, or permit requirement; or was received from a governmental entity and would be available if requested directly from the transmitting entity.

            (D)  Nothing in this subparagraph (IX) prohibits an agency from disclosing information or materials during an open investigation if it is in the interest of public health, welfare, or safety.

            (b)  If the right of inspection of any record falling within any of the classifications listed in this subsection (2) is allowed to any officer or employee of any newspaper, radio station, television station, or other person or agency in the business of public dissemination of news or current events, it shall be allowed to all such news media.

            (c)  Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.

            (d)  Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a witness protection board, the department of public safety, or a prosecuting attorney that are confidential pursuant to section 24-33.5-106.5.

            (e)  Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by the safe2tell program, as described in section 24-31-606.

            (3) (a)  The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest pursuant to this subsection (3):

            (I)  Medical, mental health, sociological, and scholastic achievement data, and electronic health records, on individual persons, other than scholastic achievement data submitted as part of finalists' records as set forth in subsection (3)(a)(XI) of this section and exclusive of coroners' autopsy reports and group scholastic achievement data from which individuals cannot be identified; but either the custodian or the person in interest may request a professionally qualified person, who shall be furnished by the said custodian, to be present to interpret the records;

            (II) (A)  Personnel files; but such files shall be available to the person in interest and to the duly elected and appointed public officials who supervise such person's work.

            (B)  The provisions of this subparagraph (II) shall not be interpreted to prevent the public inspection or copying of any employment contract or any information regarding amounts paid or benefits provided under any settlement agreement pursuant to the provisions of article 19 of this title.

            (III)  Letters of reference;

            (IV)  Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data, including a social security number unless disclosure of the number is required, permitted, or authorized by state or federal law, furnished by or obtained from any person;

            (V)  Library and museum material contributed by private persons, to the extent of any limitations placed thereon as conditions of such contributions;

            (VI)  Addresses and telephone numbers of students in any public elementary or secondary school;

            (VII)  Library records disclosing the identity of a user as prohibited by section 24-90-119;

            (VIII)  Repealed.

            (IX)  Names, addresses, telephone numbers, and personal financial information of past or present users of public utilities, public facilities, or recreational or cultural services that are owned and operated by the state, its agencies, institutions, or political subdivisions; except that nothing in this subparagraph (IX) shall prohibit the custodian of records from transmitting such data to any agent of an investigative branch of a federal agency or any criminal justice agency as defined in section 24-72-302 (3) that makes a request to the custodian to inspect such records and who asserts that the request for information is reasonably related to an investigation within the scope of the agency's authority and duties. Nothing in this subparagraph (IX) shall be construed to prohibit the publication of such information in an aggregate or statistical form so classified as to prevent the identification, location, or habits of individuals.

            (X) (A)  Any records of sexual harassment complaints and investigations, whether or not such records are maintained as part of a personnel file; except that, an administrative agency investigating the complaint may, upon a showing of necessity to the custodian of records, gain access to information necessary to the investigation of such a complaint. This sub-subparagraph (A) shall not apply to records of sexual harassment complaints and investigations that are included in court files and records of court proceedings. Disclosure of all or a part of any records of sexual harassment complaints and investigations to the person in interest is permissible to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved. This sub-subparagraph (A) shall not preclude disclosure of all or part of the results of an investigation of the general employment policies and procedures of an agency, office, department, or division, to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved.

            (B)  A person in interest under this subparagraph (X) includes the person making a complaint and the person whose conduct is the subject of such a complaint.

            (C)  A person in interest may make a record maintained pursuant to this subparagraph (X) available for public inspection when such record supports the contention that a publicly reported, written, printed, or spoken allegation of sexual harassment against such person is false.

            (D)  This subsection (3)(a)(X) applies to the judicial department of state government. This subsection (3)(a)(X)(D) is repealed, effective May 1, 2021.

            (XI) (A)  Records submitted by or on behalf of an applicant or candidate for an executive position as defined in section 24-72-202 (1.3) who is not a finalist. For purposes of this subparagraph (XI), "finalist" means an applicant or candidate for an executive position as the chief executive officer of a state agency, institution, or political subdivision or agency thereof who is a member of the final group of applicants or candidates made public pursuant to section 24-6-402 (3.5), and if only three or fewer applicants or candidates for the chief executive officer position possess the minimum qualifications for the position, said applicants or candidates shall be considered finalists.

            (B)  The provisions of this subparagraph (XI) shall not be construed to prohibit the public inspection or copying of any records submitted by or on behalf of a finalist; except that letters of reference or medical, psychological, and sociological data concerning finalists shall not be made available for public inspection or copying.

            (C)  The provisions of this subparagraph (XI) shall apply to employment selection processes for all executive positions, including, but not limited to, selection processes conducted or assisted by private persons or firms at the request of a state agency, institution, or political subdivision.

            (XII)  Any record indicating that a person has obtained an identifying license plate or placard for persons with disabilities under section 42-3-204, C.R.S., or any other motor vehicle record that would reveal the presence of a disability;

            (XIII)  Records protected under the common law governmental or "deliberative process" privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived. The general assembly hereby finds and declares that in some circumstances, public disclosure of such records may cause substantial injury to the public interest. If any public record is withheld pursuant to this subparagraph (XIII), the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest. If the applicant so requests, the custodian shall apply to the district court for an order permitting him or her to restrict disclosure. The application shall be subject to the procedures and burden of proof provided for in subsection (6) of this section. All persons entitled to claim the privilege with respect to the records in issue shall be given notice of the proceedings and shall have the right to appear and be heard. In determining whether disclosure of the records would cause substantial injury to the public interest, the court shall weigh, based on the circumstances presented in the particular case, the public interest in honest and frank discussion within government and the beneficial effects of public scrutiny upon the quality of governmental decision-making and public confidence therein.

            (XIV)  Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subparagraph (XIV), "person in interest" means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subparagraph (XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-64-105 (9)(e), C.R.S., respectively. The veterinary-patient-client privilege described in this subparagraph (XIV), pursuant to section 12-64-121 (5), C.R.S., may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202, C.R.S., or for an act of animal fighting under section 18-9-204, C.R.S.

            (XV)  Nominations submitted to a state institution of higher education for the awarding of honorary degrees, medals, and other honorary awards by the institution, proposals submitted to a state institution of higher education for the naming of a building or a portion of a building for a person or persons, and records submitted to a state institution of higher education in support of such nominations and proposals;

            (XVI)  (Deleted by amendment, L. 2003, p. 1636, § 1, effective May 2, 2003.)

            (XVII)  Repealed.

            (XVIII) (A)  Military records filed with a county clerk and recorder's office concerning a member of the military's separation from military service, including the form DD214 issued to a member of the military upon separation from service, that are restricted from public access pursuant to 5 U.S.C. sec. 552 (b)(6) and the requirements established by the national archives and records administration. Notwithstanding any other provision of this section, if the member of the military about whom the record concerns is deceased, the custodian shall allow the right of inspection to the member's parents, siblings, widow or widower, and children.

            (B)  On and after July 1, 2002, any county clerk and recorder that accepts for filing any military records described in sub-subparagraph (A) of this subparagraph (XVIII) shall maintain such military records in a manner that ensures that such records will not be available to the public for inspection except as provided in sub-subparagraph (A) of this subparagraph (XVIII).

            (C)  Nothing in this subparagraph (XVIII) shall prohibit a county clerk and recorder from taking appropriate protective actions with regard to records that were filed with or placed in storage by the county clerk and recorder prior to July 1, 2002, in accordance with any limitations determined necessary by the county clerk and recorder.

            (D)  The county clerk and recorder and any individual employed by the county clerk and recorder shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.

            (XIX) (A)  Except as provided in sub-subparagraph (C) of this subparagraph (XIX), applications for a marriage license submitted pursuant to section 14-2-106, C.R.S., and, except as provided in sub-subparagraph (C) of this subparagraph (XIX), applications for a civil union license submitted pursuant to section 14-15-110, C.R.S. A person in interest under this subparagraph (XIX) includes an immediate family member of either party to the marriage application. As used in this subparagraph (XIX), "immediate family member" means a person who is related by blood, marriage, or adoption. Nothing in this subparagraph (XIX) shall be construed to prohibit the inspection of marriage licenses or marriage certificates or of civil union certificates or to otherwise change the status of those licenses or certificates as public records.

            (B)  Repealed.

            (C)  Upon application by any person to the district court in the district wherein a record of an application for a marriage license or a civil union license is found, the district court may, in its discretion and upon good cause shown, order the custodian to permit the inspection of such record.

            (XX)  Repealed.

            (XXI)  All records, including, but not limited to, analyses and maps, compiled or maintained pursuant to statute or rule by the department of natural resources or its divisions that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners or lands; except that summary or aggregated data that do not specifically identify individual landowners or specific parcels of land shall not be subject to this subparagraph (XXI).

            (b)  Nothing in this subsection (3) shall prohibit the custodian of records from transmitting data concerning the scholastic achievement of any student to any prospective employer of such student, nor shall anything in this subsection (3) prohibit the custodian of records from making available for inspection, from making copies, print-outs, or photographs of, or from transmitting data concerning the scholastic achievement or medical, psychological, or sociological information of any student to any law enforcement agency of this state, of any other state, or of the United States where such student is under investigation by such agency and the agency shows that such data is necessary for the investigation.

            (c)  Nothing in this subsection (3) shall prohibit the custodian of the records of a school, including any institution of higher education, or a school district from transmitting data concerning standardized tests, scholastic achievement, disciplinary information involving a student, or medical, psychological, or sociological information of any student to the custodian of such records in any other such school or school district to which such student moves, transfers, or makes application for transfer, and the written permission of such student or his or her parent or guardian shall not be required therefor. No state educational institution shall be prohibited from transmitting data concerning standardized tests or scholastic achievement of any student to the custodian of such records in the school, including any state educational institution, or school district in which such student was previously enrolled, and the written permission of such student or his or her parent or guardian shall not be required therefor.

            (d)  This subsection (3)(d) applies to all public schools and school districts that receive funding under article 54 of title 22. Notwithstanding subsection (3)(a)(VI) of this section, under policies adopted by the local board of education, the names, addresses, and home telephone numbers of students in any secondary school must be released to a recruiting officer for any branch of the United States armed forces who requests such information, subject to the following:

            (I)  Each local board of education shall adopt a policy to govern the release of the names, addresses, and home telephone numbers of secondary school students to military recruiting officers that provides that such information shall be released to recruiting officers unless a student submits a request, in writing, that such information not be released.

            (II)  The directory information requested by a recruiting officer shall be released by the local board of education within ninety days of the date of the request.

            (III)  The local board of education shall comply with any applicable provisions of the federal "Family Educational Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. sec. 1232g, and the federal regulations cited thereunder relating to the release of student information by educational institutions that receive federal funds.

            (IV)  Actual direct expenses incurred in furnishing this information shall be paid for by the requesting service and shall be reasonable and customary.

            (V)  The recruiting officer shall use the data released for the purpose of providing information to students regarding military service and shall not use it for any other purpose or release such data to any person or organization other than individuals within the recruiting services of the armed forces.

            (e) (I)  This subsection (3)(e) applies to all public schools and school districts. Notwithstanding subsection (3)(a)(I) of this section, under policies adopted by each local board of education, consistent with applicable provisions of the federal "Family Educational Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, information directly related to a student and maintained by a public school or by a person acting for the public school must be available for release if the disclosure meets one or more of the following conditions:

            (A)  The disclosure is to other school officials, including teachers, working in the school at which the student is enrolled who have specific and legitimate educational interests in the information for use in furthering the student's academic achievement or maintaining a safe and orderly learning environment;

            (B)  The disclosure is to officials of a school at which the student seeks or intends to enroll or the disclosure is to officials at a school at which the student is currently enrolled or receiving services, after making a reasonable attempt to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or attending an institution of postsecondary education, as prescribed by federal regulation;

            (C)  The disclosure is to state or local officials or authorities if the disclosure concerns the juvenile justice system and the system's ability to serve effectively, prior to adjudication, the student whose records are disclosed and if the officials and authorities to whom the records are disclosed certify in writing that the information shall not be disclosed to any other party, except as otherwise provided by law, without the prior written consent of the student's parent or legal guardian or of the student if he or she is at least eighteen years of age or is attending an institution of postsecondary education;

            (D)  The disclosure is to comply with a judicial order or a lawfully issued subpoena, if a reasonable effort is made to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or is attending a postsecondary institution about the order or subpoena in advance of compliance, so that such parent, legal guardian, or student is provided an opportunity to seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or the issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

            (E)  The disclosure is in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals, as specifically prescribed by federal regulation.

            (II)  Nothing in this paragraph (e) shall prevent public school administrators, teachers, or staff from disclosing information derived from personal knowledge or observation and not derived from a student's record maintained by a public school or a person acting for the public school.

            (3.5) (a)  Effective January 1, 1992, any individual who meets the requirements of this subsection (3.5) may request that the address of such individual included in any public records concerning that individual which are required to be made, maintained, or kept pursuant to the following sections be kept confidential:

            (I)  Sections 1-2-227 and 1-2-301, C.R.S.;

            (II)  (Deleted by amendment, L. 2000, p. 1337, § 1, effective May 30, 2000.)

            (III)  Section 24-6-202.

            (b) (I)  An individual may make the request of confidentiality allowed by this subsection (3.5) if such individual has reason to believe that such individual, or any member of such individual's immediate family who resides in the same household as such individual, will be exposed to criminal harassment as prohibited in section 18-9-111, C.R.S., or otherwise be in danger of bodily harm, if such individual's address is not kept confidential in accordance with this subsection (3.5).

            (II)  A request of confidentiality with respect to records described in subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made in person in the office of the county clerk and recorder of the county where the individual making the request resides. Requests shall be made on application forms approved by the secretary of state, after consultation with county clerk and recorders. The application form shall provide space for the applicant to provide his or her name and address, date of birth, and any other identifying information determined by the secretary of state to be necessary to carry out the provisions of this subsection (3.5). In addition, an affirmation shall be printed on the form, in the area immediately above a line for the applicant's signature and the date, stating the following: "I swear or affirm, under penalty of perjury, that I have reason to believe that I, or a member of my immediate family who resides in my household, will be exposed to criminal harassment, or otherwise be in danger of bodily harm, if my address is not kept confidential." Immediately below the signature line, there shall be printed a notice, in a type that is larger than the other information contained on the form, that the applicant may be prosecuted for perjury in the second degree under section 18-8-503, C.R.S., if the applicant signs such affirmation and does not believe such affirmation to be true.

            (III)  The county clerk and recorder of each county shall provide an opportunity for any individual to make the request of confidentiality allowed by this subsection (3.5) in person at the time such individual makes application to the county clerk and recorder to register to vote or to make any change in such individual's registration, and at any other time during normal business hours of the office of the county clerk and recorder. The county clerk and recorder shall forward a copy of each completed application to the secretary of state for purposes of the records maintained by him or her pursuant to subparagraph (I) of paragraph (a) of this subsection (3.5). The county clerk and recorder shall collect a processing fee in the amount of five dollars of which amount two dollars and fifty cents shall be transmitted to the secretary of state for the purpose of offsetting the secretary of state's costs of processing applications forwarded to the secretary of state pursuant to this subparagraph (III). All processing fees received by the secretary of state pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.

            (IV)  The secretary of state shall provide an opportunity for any individual to make the request of confidentiality allowed by paragraph (a) of this subsection (3.5), with respect to the records described in subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary of state may charge a processing fee, not to exceed five dollars, for each such request. All processing fees collected by the secretary of state pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.

            (V)  Notwithstanding the amount specified for any fee in subparagraph (III) or (IV) of this paragraph (b), the secretary of state by rule or as otherwise provided by law may reduce the amount of one or more of the fees credited to the department of state cash fund if necessary pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).

            (c)  The custodian of any records described in subsection (3.5)(a) of this section that concern an individual who has made a request of confidentiality pursuant to this subsection (3.5) and paid any required processing fee shall deny the right of inspection of the individual's address contained in such records on the ground that disclosure would be contrary to the public interest; except that the custodian shall allow the inspection of the records by the individual, by any person authorized in writing by that individual, and by any individual employed by one of the following entities who makes a request to the custodian to inspect the records and who provides evidence satisfactory to the custodian that the inspection is reasonably related to the authorized purpose of the employing entity:

            (I)  A criminal justice agency, as defined by section 24-72-302 (3);

            (II)  An agency of the United States, the state of Colorado, or of any political subdivision or authority thereof;

            (III)  A person required to obtain such individual's address in order to comply with federal or state law or regulations adopted pursuant thereto;

            (IV)  An insurance company which has a valid certificate of authority to transact insurance business in Colorado as required in section 10-3-105 (1), C.R.S.;

            (V)  A collection agency which has a valid license as required by section 5-16-115 (1);

            (VI)  A supervised lender licensed pursuant to section 5-1-301 (46), C.R.S.;

            (VII)  A bank as defined in section 11-101-401 (5), C.R.S., a trust company as defined in section 11-109-101 (11), C.R.S., a credit union as defined in section 11-30-101 (1), C.R.S., a domestic savings and loan association as defined in section 11-40-102 (5), C.R.S., a foreign savings and loan association as defined in section 11-40-102 (8), C.R.S., or a broker-dealer as defined in section 11-51-201 (2), C.R.S.;

            (VIII)  An attorney licensed to practice law in Colorado or his representative authorized in writing to inspect such records on behalf of the attorney;

            (IX)  A manufacturer of any vehicle required to be registered pursuant to the provisions of article 3 of title 42, C.R.S., or a designated agent of such manufacturer. Such inspection shall be allowed only for the purpose of identifying, locating, and notifying the registered owners of such vehicles in the event of a product recall or product advisory and may also be allowed for statistical purposes where such address is not disclosed by such manufacturer or designated agent. No person who obtains the address of an individual pursuant to this subparagraph (IX) shall disclose such information, except as necessary to accomplish said purposes.

            (d)  Notwithstanding any provisions of this subsection (3.5) to the contrary, any person who appears in person in the office of any custodian of records described in paragraph (a) of this subsection (3.5) and who presents documentary evidence satisfactory to the custodian that such person is a duly accredited representative of the news media may verify the address of an individual whose address is otherwise protected from inspection in accordance with this subsection (3.5). Such verification shall be limited to the custodian confirming or denying that the address of an individual as known to the representative of the news media is the address of the individual as shown by the records of the custodian.

            (e)  No person shall make any false statement in requesting any information pursuant to paragraph (a) or (b) of this subsection (3.5).

            (f)  Any request of confidentiality made pursuant to this subsection (3.5) shall be kept confidential and shall not be open to inspection as a public record unless a written release is executed by the person who made the request.

            (g)  Prior to the release of any information required to be kept confidential pursuant to this subsection (3.5), the custodian shall require the person requesting the information to produce a valid Colorado driver's license or identification card and written authorization from any entity authorized to receive information under this subsection (3.5). The custodian shall keep a record of the requesting person's name, address, and date of birth and shall make such information available to the individual requesting confidentiality under this subsection (3.5) or any person authorized by such individual.

            (4)  If the custodian denies access to any public record, the applicant may request a written statement of the grounds for the denial, which statement shall cite the law or regulation under which access is denied and shall be furnished forthwith to the applicant.

            (5) (a)  Except as provided in subsection (5.5) of this section, any person denied the right to inspect any record covered by this part 2 or who alleges a violation of section 24-72-203 (3.5) 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 the custodian should not permit the inspection of such record; except that, at least fourteen days prior to filing an application with the district court, the person who has been denied the right to inspect the record shall file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. During the fourteen-day period before the person may file an application with the district court under this subsection (5)(a), the custodian who has denied the right to inspect the record shall either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. Any common expense necessary to resolve the dispute must be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the person must provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least three business days prior to the date on which the person files the application with the district court and, in such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.

            (b)  Hearing on the application described in subsection (5)(a) of this section must be held at the earliest practical time. Unless the court finds that the denial of the right of inspection was proper, it shall order the custodian to permit such inspection and shall award court costs and reasonable attorney fees to the prevailing applicant in an amount to be determined by the court; except that no court costs and attorney fees shall be awarded to a person who has filed a lawsuit against a state public body or local public body and who applies to the court for an order pursuant to subsection (5)(a) of this section for access to records of the state public body or local public body being sued if the court finds that the records being sought are related to the pending litigation and are discoverable pursuant to chapter 4 of the Colorado rules of civil procedure. In the event the court finds that the denial of the right of inspection was proper, the court shall award court costs and reasonable attorney fees to the custodian if the court finds that the action was frivolous, vexatious, or groundless.

            (5.5) (a)  Any person seeking access to the record of an executive session meeting of a state public body or a local public body recorded pursuant to section 24-6-402 (2)(d.5) shall, upon application to the district court for the district wherein the records are found, show grounds sufficient to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4). If the applicant fails to show grounds sufficient to support such reasonable belief, the court shall deny the application and, if the court finds that the application was frivolous, vexatious, or groundless, the court shall award court costs and attorney fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious, or groundless action, regardless of the outcome of the in camera review.

            (b) (I)  Upon finding that sufficient grounds exist to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4), the court shall conduct an in camera review of the record of the executive session to determine whether the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4).

            (II)  If the court determines, based on the in camera review, that violations of the open meetings law occurred, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in section 24-6-402 (3) or (4) or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection.

            (6) (a)  If, in the opinion of the official custodian of any public record, disclosure of the contents of said record would do substantial injury to the public interest, notwithstanding the fact that said record might otherwise be available to public inspection or if the official custodian is unable, in good faith, after exercising reasonable diligence, and after reasonable inquiry, to determine if disclosure of the public record is prohibited pursuant to this part 2, the official custodian may apply to the district court of the district in which such record is located for an order permitting him or her to restrict such disclosure or for the court to determine if disclosure is prohibited. Hearing on such application shall be held at the earliest practical time. In the case of a record that is otherwise available to public inspection pursuant to this part 2, after a hearing, the court may, upon a finding that disclosure would cause substantial injury to the public interest, issue an order authorizing the official custodian to restrict disclosure. In the case of a record that may be prohibited from disclosure pursuant to this part 2, after a hearing, the court may, upon a finding that disclosure of the record is prohibited, issue an order directing the official custodian not to disclose the record to the public. In an action brought pursuant to this paragraph (a), the burden of proof shall be upon the custodian. The person seeking permission to examine the record shall have notice of said hearing served upon him or her in the manner provided for service of process by the Colorado rules of civil procedure and shall have the right to appear and be heard. The attorney fees provision of subsection (5) of this section shall not apply in cases brought pursuant to this paragraph (a) by an official custodian who is unable to determine if disclosure of a public record is prohibited under this part 2 if the official custodian proves and the court finds that the custodian, in good faith, after exercising reasonable diligence, and after making reasonable inquiry, was unable to determine if disclosure of the public record was prohibited without a ruling by the court.

            (b)  In defense against an application for an order under subsection (5) of this section, the custodian may raise any issue that could have been raised by the custodian in an application under paragraph (a) of this subsection (6).

            (7) (a)  Except as permitted in paragraph (b) of this subsection (7), the department of revenue or an authorized agent of the department shall not allow a person, other than the person in interest, to inspect information contained in a driver's license application under section 42-2-107, C.R.S., a driver's license renewal application under section 42-2-118, C.R.S., a duplicate driver's license application under section 42-2-117, C.R.S., a commercial driver's license application under section 42-2-403, C.R.S., an identification card application under section 42-2-302, C.R.S., a motor vehicle title application under section 42-6-116, C.R.S., a motor vehicle registration application under section 42-3-113, C.R.S., or other official record or document maintained by the department under section 42-2-121, C.R.S.

            (b)  Notwithstanding subsection (7)(a) of this section, only upon obtaining a completed requester release form under section 42-1-206 (1)(b), the department may allow inspection of the information referred to in subsection (7)(a) of this section for the following uses:

            (I)  For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions;

            (II)  For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers;

            (III)  For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:

            (A)  To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

            (B)  If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual;

            (IV)  For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court;

            (V)  For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact the parties in interest;

            (VI)  For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting;

            (VII)  For use in providing notice to the owners of towed or impounded vehicles;

            (VIII)  For use by any private investigator licensed pursuant to section 12-58.5-106, C.R.S., licensed private investigative agency, or licensed security service for any purpose permitted under this paragraph (b);

            (IX)  For use by an employer or its agent or insurer to obtain or verify information relating to a party in interest who is a holder of a commercial driver's license;

            (X)  For use in connection with the operation of private toll transportation facilities;

            (XI)  For any other use in response to requests for individual motor vehicle records if the department has obtained the express consent of the party in interest pursuant to section 42-2-121 (4), C.R.S.;

            (XII)  For bulk distribution for surveys, marketing or solicitations if the department has obtained the express consent of the party in interest pursuant to section 42-2-121 (4), C.R.S.;

            (XIII)  For use by any requester, if the requester demonstrates he or she has obtained the written consent of the party in interest;

            (XIV)  For any other use specifically authorized under the laws of the state, if such use is related to the operation of a motor vehicle or public safety; or

            (XV)  For use by the federally designated organ procurement organization for the purposes of creating and maintaining the organ and tissue donor registry authorized in section 15-19-220.

            (c) (I)  For purposes of this paragraph (c), "law" shall mean the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721 et seq., the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq., section 42-1-206, C.R.S., and this part 2.

            (II)  If the requester release form indicates that the requester will, in any manner, use, obtain, resell, or transfer the information contained in records, requested individually or in bulk, for any purpose prohibited by law, the department or agent shall deny inspection of any motor vehicle or driver record.

            (III)  In addition to completing the requester release form under section 42-1-206 (1)(b), C.R.S., and subject to the provisions of section 42-1-206 (3.7), C.R.S., the requester shall sign an affidavit of intended use under penalty of perjury that states that the requester shall not obtain, resell, transfer, or use the information in any manner prohibited by law. The department or the department 's authorized agent shall deny inspection of any motor vehicle or driver record to any person, other than a person in interest as defined in section 24-72-202 (4), or a federal, state, or local government agency carrying out its official functions, who has not signed and returned the affidavit of intended use.

            (d)  Notwithstanding paragraph (b) of this subsection (7), the department of revenue or an authorized agent of the department shall allow inspection of records maintained by the department pursuant to section 42-2-121.5, C.R.S., only by the person in interest or by an officer of a law enforcement or public safety agency in accordance with section 42-2-121.5 (3), C.R.S.

            (8) (a)  A designated election official shall not allow a person, other than the person in interest, to inspect the election records of any person that contain the original signature, social security number, month of birth, day of the month of birth, or identification of that person, including electronic, digital, or scanned images of a person's original signature, social security number, month of birth, day of the month of birth, or identification.

            (b)  Nothing in paragraph (a) of this subsection (8) shall be construed to prohibit a designated election official from:

            (I)  Making such election records available to any law enforcement agency or district attorney of this state in connection with the investigation or prosecution of an election offense specified in article 13 of title 1, C.R.S.;

            (II)  Making such election records available to employees of or election judges appointed by the designated election official as necessary for those employees or election judges to carry out the duties and responsibilities connected with the conduct of any election; and

            (III)  Preparing a registration list and making the list available for distribution or sale to or inspection by any person.

            (c)  For purposes of this subsection (8):

            (I)  "Designated election official" shall have the same meaning as set forth in section 1-1-104 (8), C.R.S.

            (II)  "Election records" shall have the same meaning as set forth in section 1-1-104 (11), C.R.S., and shall include a voter registration application.

            (III)  "Identification" shall have the same meaning as set forth in section 1-1-104 (19.5), C.R.S.

            (IV)  "Registration list" shall have the same meaning as set forth in section 1-1-104 (37), C.R.S.

            Source: L. 68: p. 202, § 4. L. 69: pp. 925, 926, §§ 1, 1. C.R.S. 1963: § 113-2-4. L. 77: (2)(a)(I) repealed, p. 1250, § 4, effective December 31. L. 81: (3)(d) added, p. 1237, § 1, effective May 18; (3)(a)(I) amended, p. 1236, § 1, effective May 26. L. 83: (3)(a)(V) and (3)(a)(VI) amended and (3)(a)(VII) added, p. 1023, § 2, effective March 22. L. 85: (3)(a)(VI) and (3)(a)(VII) amended and (3)(a)(VIII) added, p. 933, § 3, effective July 1. L. 88: (2)(a)(I) RC&RE, p. 979, § 1, effective April 20. L. 91: (3.5) added, p. 828, § 1, effective July 1. L. 92: (2)(a)(IV) and (3)(a)(II) amended and (3)(a)(IX) added, p. 1104, § 4, effective July 1. L. 93: (3)(d) amended, p. 64, § 1, effective March 22; (3)(a)(IX) amended, p. 293, § 1, effective April 7; (2)(a)(III) and (2)(a)(IV) amended and (2)(a)(V) added, p. 1763, § 1, effective June 6; (3)(a)(II) amended, p. 667, § 2, effective July 1. L. 94: (3)(a)(I) amended and (3)(a)(XI) added, p. 936, § 2, effective April 28; (3.5)(a)(I) amended, p. 1638, § 53, effective May 31; (3)(a)(X) added, p. 680, § 1, effective July 1;  (2)(a)(IV), (2)(a)(V), (3.5)(a)(II), and (3.5)(b)(II) amended and (2)(a)(VI) added, pp. 2557, 2558, § 59, 60, effective January 1, 1995. L. 96: (3)(c) amended, p. 431, § 1, effective April 22; (2)(a)(II) and (6) amended and (3)(a)(VIII) repealed, pp. 1484, 1470, §§ 16, 6, effective June 1. L. 97: (3)(a)(I) amended, p. 350, § 5, effective April 19; (2)(a)(VI) amended, p. 1178, § 1, effective July 1; (3)(a)(XII) added, p. 354, § 1, effective August 6; (7) added, p. 1050, § 2, effective September 1. L. 98: (3)(d) amended, p. 974, § 21, effective May 27; (3.5)(b)(V) added, p. 1332, § 43, effective June 1. L. 99: (3)(a)(X)(A) amended and (3)(a)(XIII) added, p. 207, § 2, effective March 31; (2)(a)(VI) amended and (3.5)(g) added, p. 344, §§ 1, 2, effective April 16; (2)(a)(VI) amended, p. 1241, § 3, effective August 4; (3)(a)(XIV) added, p. 370, § 1, effective August 4. L. 2000: (2)(c) added, p. 243, § 9, effective March 29; (2)(a)(VI), (3.5)(a)(II), (3.5)(b)(II), (3.5)(b)(III), (3.5)(b)(V), and (7) amended, p. 1337, § 1, effective May 30; (3)(e) added, p. 1963, § 5, effective June 2; (7)(b)(XV) added, p. 732, § 13, effective July 1; (3.5)(c)(VI) amended, p. 1873, § 111, effective August 2. L. 2001: (7)(a) amended, p. 1274, § 35, effective June 5; (1)(d) added, p. 151, § 6, effective July 1; (3)(a)(XI)(A), (5), and (6)(a) amended and (5.5) added, p. 1073, § 3, effective August 8; (7)(a) and (7)(c) amended, p. 586, § 1, effective August 8. L. 2002: (3.5)(c)(VII) amended, p. 113, § 7, effective March 26; (3)(a)(XVI) added, p. 239, § 8, effective April 12; (3)(a)(XVII) added, p. 1213, § 10, effective June 3; (3)(a)(XVIII) added, p. 935, § 1, effective July 1; (3)(a)(XV) added, p. 86, § 2, effective August 7. L. 2003: (3)(a)(XVI) and (3)(a)(XVII) amended, p. 1636, § 1, effective May 2; (3.5)(c)(VII) amended, p. 1211, § 23, effective July 1; (3)(a)(IX) amended, p. 1619, § 30, effective August 6. L. 2004: (2)(a)(VII) added, p. 1959, § 3, effective August 4. L. 2005: (2)(a)(VIII) added, (3)(a)(IX) amended, and (3)(a)(XVII) repealed, pp. 502, 503, 504, §§ 1, 2, 5, effective July 1; (3)(a)(XII) and (7)(a) amended, p. 1182, § 29, effective August 8; (3)(a)(XIV) amended, p. 462, § 3, effective December 1. L. 2006: (8) added, p. 44, § 1, effective March 17; (3)(a)(XIX) added, p. 564, § 1, effective April 24; (3)(a)(IV) amended, p. 276, § 2, effective January 1, 2007. L. 2007: (2)(d) added, p. 34, § 2, effective March 5; (3)(a)(XIV) amended, p. 1590, § 7, effective July 1; (7)(b)(XV) amended, p. 798, § 8, effective July 1. L. 2008: (7)(a) amended and (7)(d) added, p. 1520, § 2, effective May 28; (3)(a)(XX) added, p. 1703, § 2, effective June 2. L. 2009: (3)(a)(XXI) added, (SB 09-158), ch. 387, p. 2094, § 3, effective August 5. L. 2010: (3)(a)(XII) amended, (HB 10-1019), ch. 400, p. 1930, § 6, effective January 1, 2011. L. 2012: (2)(e) added, (SB 12-079), ch. 58, p. 214, § 7, effective March 24; (2)(a)(IX) added, (HB 12-1036), ch. 269, p. 1419, § 1, effective June 7; (2)(a)(VIII)(A) amended, (HB12- 1283), ch. 240, p. 1134, § 48, effective July 1; IP(7)(b) and (7)(b)(VIII) amended, (HB12-1231), ch. 22, p. 58, § 1, effective August 8. L. 2013: (3)(a)(XIX)(A) and (3)(a)(XIX)(B) amended, (SB 13-011), ch. 49, p. 168, § 28, effective May 1; IP(3.5)(c) and (3.5)(c)(VII) amended, (SB 13-154), ch. 282, p. 1487, § 67, effective July 1; (3)(a)(XX) repealed, (HB 13-1300), ch. 316, p. 1685, § 64, effective August 7. L. 2014: (7)(b)(VIII) amended, (SB 14-133), ch. 389, p. 1957, § 3, effective June 6; (3)(a)(XIX)(A) amended and (3)(a)(XIX)(B) repealed, (HB 14-1073), ch. 30, p. 175, § 2, effective July 1; (2)(e) amended, (SB 14-002), ch. 241, p. 893, § 5, effective August 6. L. 2016: (3)(a)(XIX)(C) amended, (SB 16-189), ch. 210, p. 769, § 56, June 6. L. 2017: IP(3)(d), (3)(d)(III), and IP(3)(e)(I) amended, (SB 17-294), ch. 264, p. 1405, § 76, effective May 25; (2)(a)(VII)(A), (3)(a)(I), and (5) amended, (SB17-040), ch. 286, p. 1583, § 2, effective August 9; IP(3.5)(c) and (3.5)(c)(V) amended, (HB 17-1238), ch. 260, p. 1175, § 22, effective August 9; (5) amended, (HB 17-1177), ch. 197, p. 718, § 1, effective August 9; IP(7)(b) and (7)(b)(XV) amended, (SB 17-223), ch. 158, p. 563, § 17, effective August 9. L. 2018: IP(3)(a) amended and (3)(a)(X)(D) added, (HB 18-1152), ch. 281, p. 1759, § 2, effective August 8.

            Editor's note: (1)  Subsection (3)(a)(IX) was numbered as (3)(a)(X) in House Bill 92-1195 but has been renumbered on revision for ease of location.

            (2)  Amendments to subsection (2)(a)(VI) by House Bill 99-1293 and Senate Bill 99-174 were harmonized.

            (3)  Amendments to subsection (7)(a) by House Bill 01-1025 and Senate Bill 01-138 were harmonized.

            (4)  Subparagraph (3)(a)(XVIII) was originally numbered as (3)(a)(XV) in House Bill 02-1395 but has been renumbered on revision for ease of location.

            (5) Amendments to subsection (5) by SB 17-040 and HB 17-1177 were harmonized.

            Cross references: (1)  For the legislative declaration contained in the 1996 act amending subsections (2)(a)(II) and (6), see section 1 of chapter 271, Session Laws of Colorado 1996; for service of process, see C.R.C.P. 4.

            (2)  For the legislative declaration in HB 18-1152, see section 1 of chapter 281, Session Laws of Colorado 2018.


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.

            Source: L. 96: Entire section added, p. 1485, § 7, effective June 1.

24-72-205.  Copy, printout, or photograph of a public record - imposition of research and retrieval fee. (1) (a)  In all cases in which a person has the right to inspect a public record, the person may request a copy, printout, or photograph of the record. The custodian shall furnish a copy, printout, or photograph and may charge a fee determined in accordance with subsection (5) of this section; except that, when the custodian is the secretary of state, fees shall be determined and collected pursuant to section 24-21-104 (3), and when the custodian is the executive director of the department of personnel, fees shall be determined and collected pursuant to section 24-80-102 (10). Where the fee for a certified copy or other copy, printout, or photograph of a record is specifically prescribed by law, the specific fee shall apply.

            (b)  Upon request for records transmission by a person seeking a copy of any public record, the custodian shall transmit a copy of the record by United States mail, other delivery service, facsimile, or electronic mail. No transmission fees may be charged to the record requester for transmitting public records via electronic mail. Within the period specified in section 24-72-203 (3)(a), the custodian shall notify the record requester that a copy of the record is available but will only be sent to the requester once the custodian either receives payment or makes arrangements for receiving payment for all costs associated with records transmission and for all other fees lawfully allowed, unless recovery of all or any portion of such costs or fees has been waived by the custodian. Upon either receiving such payment or making arrangements to receive such payment at a later date, the custodian shall send the record to the requester as soon as practicable but no more than three business days after receipt of, or making arrangements to receive, such payment.

            (2)  If the custodian does not have facilities for making a copy, printout, or photograph of a record that a person has the right to inspect, the person shall be granted access to the record for the purpose of making a copy, printout, or photograph. The copy, printout, or photograph shall be made while the record is in the possession, custody, and control of the custodian thereof and shall be subject to the supervision of the custodian. When practical, the copy, printout, or photograph shall be made in the place where the record is kept, but if it is impractical to do so, the custodian may allow arrangements to be made for the copy, printout, or photograph to be made at other facilities. If other facilities are necessary, the cost of providing them shall be paid by the person desiring a copy, printout, or photograph of the record. The custodian may establish a reasonable schedule of times for making a copy, printout, or photograph and may charge the same fee for the services rendered in supervising the copying, printing out, or photographing as the custodian may charge for furnishing a copy, printout, or photograph under subsection (5) of this section.

            (3)  If, in response to a specific request, the state or any of its agencies, institutions, or political subdivisions has performed a manipulation of data so as to generate a record in a form not used by the state or by said agency, institution, or political subdivision, a reasonable fee may be charged to the person making the request. Such fee shall not exceed the actual cost of manipulating the said data and generating the said record in accordance with the request. Persons making subsequent requests for the same or similar records may be charged a fee not in excess of the original fee.

            (4)  If the public record is a result of computer output other than word processing, the fee for a copy, printout, or photograph thereof may be based on recovery of the actual incremental costs of providing the electronic services and products together with a reasonable portion of the costs associated with building and maintaining the information system. Such fee may be reduced or waived by the custodian if the electronic services and products are to be used for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated.

            (5) (a)  A custodian may charge a fee not to exceed twenty-five cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a public record in a format other than a standard page.

            (b)  Notwithstanding paragraph (a) of this subsection (5), an institution, as defined in section 24-72-202 (1.5), that is the custodian of scholastic achievement data on an individual person may charge a reasonable fee for a certified transcript of the data.

            (6) (a)  A custodian may impose a fee in response to a request for the research and retrieval of public records only if the custodian has, prior to the date of receiving the request, either posted on the custodian's website or otherwise published a written policy that specifies the applicable conditions concerning the research and retrieval of public records by the custodian, including the amount of any current fee. Under any such policy, the custodian shall not impose a charge for the first hour of time expended in connection with the research and retrieval of public records. After the first hour of time has been expended, the custodian may charge a fee for the research and retrieval of public records that shall not exceed thirty dollars per hour.

            (b)  On July 1, 2019, and by July 1 of every five-year period thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the maximum hourly fee specified in subsection (6)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The director of research shall post the adjusted maximum hourly fee on the website of the general assembly.

            Source: L. 68: p. 204, § 5. C.R.S. 1963: § 113-2-5. L. 83: (1) amended, p. 863, § 4, effective July 1. L. 92: (3) and (4) added, p. 1105, § 5, effective July 1. L. 2007: (1) and (2) amended and (5) added, p. 578, § 1, effective August 3. L. 2013: (1) amended, (HB 13-1041), ch. 9, p. 23, § 1, effective March 8. L. 2014: (6) added, (HB 14-1193), ch. 142, p. 487, § 1, effective July 1. L. 2018: (6)(b) amended, (HB 18-1375), ch. 274, p. 1712, § 54, effective May 29.

            Cross references:  For distribution of copies of reports made to the general assembly, see § 24-1-136 (9).

24-72-205.5.  Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions. (1) (a)  By enacting this section, the general assembly intends to permit the inspection of ballots under the conditions specified in this section and to protect the integrity of the election process while protecting voter privacy and preserving secrecy in voting in accordance with the provisions of section 8 of article VII of the state constitution.

            (b)  In order to facilitate and ensure a consistent application of the provisions of this section across the state, the matters addressed in this section are matters of statewide concern.

            (2)  As used in this section, unless the context otherwise requires:

            (a)  "Ballot" means a ballot voted by any acceptable, applicable, or legal method that is in the custody of an election official. "Ballot" includes any digital image or electronic representation of votes cast.

            (b)  "Designated election official" has the same meaning as set forth in section 1-1-104 (8), C.R.S.

            (c)  "Interested party" means:

            (I)  Any candidate who was in an election contest that is the subject of a recount or the political party or political organization as defined in section 1-1-104 (24), C.R.S., of such candidate;

            (II)  Any petition representative identified pursuant to section 1-40-113 or 31-11-106 (2), C.R.S., as applicable, in connection with a ballot issue or ballot question that is the subject of the recount;

            (III)  The governing body that referred a ballot question or ballot issue to the electorate that is the subject of the recount; or

            (IV)  The agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of title 1, C.R.S., that either supported or opposed a ballot question or ballot issue that is the subject of the recount.

            (3) (a)  Except as otherwise provided in paragraph (b) of this subsection (3), the designated election official shall not fulfill a request under this part 2 for the public inspection of ballots during the period commencing with the forty-fifth day preceding election day and concluding with the date either by which the designated election official is required to certify an official abstract of votes cast for the applicable candidate contest or ballot issue or ballot question pursuant to section 1-10-102 or 31-10-1205 (1), C.R.S., as applicable, or by which any recount conducted in accordance with article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., is completed, as applicable, whichever date is later. The denial of public inspection of ballots authorized pursuant to this paragraph (a) shall also apply to any internal batch reports generated by a designated election official for the specific purpose of auditing ballots received in the course of conducting an election.

            (b)  Notwithstanding any other provision of this section, the denial of public inspection of ballots authorized pursuant to paragraph (a) of this subsection (3) shall apply to a recount that is conducted in accordance with the provisions of article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., as applicable; except that, during the period described in paragraph (a) of this subsection (3), an interested party may inspect and request copies of ballots in connection with such recount without having to obtain a court order granting such inspection. In connection with an inspection by an interested party as authorized by this paragraph (b), an interested party may witness the handling of ballots involved in the recount to verify that the recount is being conducted in a fair, impartial, and uniform manner so as to determine that all ballots that have been cast are accurately interpreted and counted; except that an interested party is not permitted to handle the original ballots. Except as specified in this paragraph (b), nothing in this section shall be construed to prohibit an interested party from requesting copies of ballots in connection with a recount, to affect the conduct of a recount, or to affect the rights of an interested party in connection with a recount.

            (c)  Notwithstanding any other provision of this section, nothing in this section shall be construed to restrict the public inspection of election records as defined in section 1-1-104 (11), C.R.S.; except that, for purposes of this section, election records shall not include ballots.

            (4) (a)  In accordance with the provisions of section 24-72-203 (1)(a) and in addition to any other requirements that are applicable to a person requesting the inspection of public records under this part 2, prior to and later than the stay period described in paragraph (a) of subsection (3) of this section, ballots shall be available for inspection by the public in accordance with the requirements of this part 2.

            (b)  In connection with the public inspection of the ballots to which this section pertains:

            (I)  The original ballots shall at all times remain in the custody of the designated election official or his or her designee. In the discretion of the designated election official or his or her designee, and subject to the provisions of paragraph (a) of this subsection (4) and this part 2, the designated election official or his or her designee shall determine the manner in which such ballots may be viewed by the public.

            (II)  The designated election official or his or her designee shall cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;

            (III)  To protect the privacy of particular electors, any ballots cast by electors within groups of discrete individuals who are more susceptible of being personally identified, such as military and overseas electors, shall be made available for public inspection only to the extent such ballots may be duplicated without identifying elector information. Insofar as such ballots are not able to be duplicated without identifying elector information, they are not available for public inspection. Notwithstanding any other provision of this section, no ballot, or any portion thereof, may be made available for inspection where the ballot, or any requested portion thereof, is identical in printed form, considering a combination of the election contests at issue and precinct coding, to only nine or fewer ballots, or comparable portions thereof, among all ballots used in the same election. However, any such ballot, or any requested portion thereof, that is identical in printed form to ten or more ballots, or comparable portions thereof, used in the same election may be inspected.

                        (IV)  To protect the privacy of particular electors, ballots made available for inspection may be presented in random order selected by the designated election official or his or her designee;

                        (V)  For the purpose of minimizing the costs of making ballots available for public inspection, the person seeking the inspection may indicate the candidate contest, ballot issue, or ballot question for which the person seeks to inspect the ballots; and

                        (VI)  Any actual costs incurred by the office of the designated election official in making the ballots available for inspection in accordance with the requirements of this section may be charged to the person requesting inspection of the ballots. If the designated election official selects a person other than an employee of his or her office to conduct the duties required by this section, the actual costs to be charged the person seeking inspection shall not exceed the actual costs that would have been incurred if the work involved in complying with the requirements of this section was completed by an employee of the designated election official.

                        (5)  Notwithstanding any other provision of this section, nothing in this section affects either the rights of a watcher set forth in the provisions of titles 1 and 31, C.R.S., or the operation of a canvass board in accordance with the provisions of articles 1 to 13 of title 1, C.R.S.

             Source: L. 2012: Entire section added, (HB 12-1036), ch. 269, p. 1420, § 2, effective June 7.

24-72-206.  Violation - penalty. (Repealed)

             Source: 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.
 


 

PART 3 — CRIMINAL JUSTICE RECORDS
 

Law reviews: For article, "Procedures and Ethical Questions Under the Colorado Criminal Justice Records Act", see 14 Colo. Law. 2193 (1985); for article, "'Columbine' and Colorado's Records Acts", see 45 Colo. Law. 45 (Sept. 2016).

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.

             Source: L. 77: Entire part added, p. 1244, § 1, effective December 31.

24-72-302.  Definitions. As used in this part 3, unless the context otherwise requires:

            (1)  "Arrest and criminal records information" means information reporting the arrest, indictment, or other formal filing of criminal charges against a person; the identity of the criminal justice agency taking such official action relative to an accused person; the date and place that such official action was taken relative to an accused person; the name, birth date, last-known address, and sex of an accused person; the nature of the charges brought or the offenses alleged against an accused person; and one or more dispositions relating to the charges brought against an accused person.

            (2)  "Basic identification information" means the name, place and date of birth, last-known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.

            (3)  "Criminal justice agency" means any court with criminal jurisdiction and any agency of the state, including but not limited to the department of education, or any agency of any county, city and county, home rule city and county, home rule city or county, city, town, territorial charter city, governing boards of institutions of higher education, school district, special district, judicial district, or law enforcement authority that performs any activity directly relating to the detection or investigation of crime; the apprehension, pretrial release, posttrial release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of accused persons or criminal offenders; or criminal identification activities or the collection, storage, or dissemination of arrest and criminal records information.

            (4)  "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 in the state for use in the exercise of functions required or authorized by law or administrative rule, including but not limited to the results of chemical biological substance testing to determine genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, C.R.S.

            (5)  "Custodian" means the official custodian or any authorized person having personal custody and control of the criminal justice records in question.

            (6)  "Disposition" means a decision not to file criminal charges after arrest; the conclusion of criminal proceedings, including conviction, acquittal, or acquittal by reason of insanity; the dismissal, abandonment, or indefinite postponement of criminal proceedings; formal diversion from prosecution; sentencing, correctional supervision, and release from correctional supervision, including terms and conditions thereof; outcome of appellate review of criminal proceedings; or executive clemency.

            (7)  "Official action" means an arrest; indictment; charging by information; disposition; pretrial or posttrial release from custody; judicial determination of mental or physical condition; decision to grant, order, or terminate probation, parole, or participation in correctional or rehabilitative programs; and any decision to formally discipline, reclassify, or relocate any person under criminal sentence.

            (8)  "Official custodian" means any officer or employee of the state or any agency, institution, or political subdivision thereof who is responsible for the maintenance, care, and keeping of criminal justice records, regardless of whether such records are in his actual personal custody and control.

            (9)  "Person" means any natural person, corporation, limited liability company, partnership, firm, or association.

            (10)  "Person in interest" means the person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his parents or duly appointed legal representative.

            (11)  "Private custodian" means a private entity that has custody of the criminal justice records in question and is in the business of providing the information to others.

            Source: L. 77: Entire part added, p. 1244, § 1, effective December 31. L. 81: (3) amended, p. 1238, § 1, effective June 4. L. 88: (2) amended, p. 979, § 2, effective April 20. L. 89: (2) amended, p. 845, § 114, effective July 1. L. 90: (9) amended, p. 449, § 22, effective April 18. L. 98: (2) amended, p. 947, § 6, effective May 27. L. 99: (4) amended, p. 1170, § 5, effective July 1. L. 2000: (4) amended, p. 1266, § 5, effective May 26; (4) amended, p. 1027, § 7, effective July 1. L. 2002: (4) amended, p. 1023, § 43, effective June 1; (4) amended, p. 1155, § 15, effective July 1. L. 2006: (4) amended, p. 1692, § 15, effective July 1, 2007. L. 2007: (4) amended, p. 2040, § 60, effective June 1. L. 2008: (3) amended, p. 1668, § 13, effective May 29. L. 2009: (4) amended, (SB 09-241), ch. 295, p. 1577, § 2, effective September 30, 2010. L. 2010: (4) amended, (HB 10-1422), ch. 419, p. 2087, § 76, effective August 11. L. 2011: (11) added, (HB 11-1203), ch. 72, p. 199, § 1, effective August 10.

            Editor's note: (1)  Amendments to subsection (4) by House Bill 00-1166 and Senate Bill 00-121 were harmonized.

            (2)  Amendments to subsection (4) by Senate Bill 02-159 and Senate Bill 02-019 were harmonized.

24-72-303.  Records of official actions required - open to inspection. (1)  Each official action as defined in this part 3 shall be recorded by the particular criminal justice agency taking the official action. Such records of official actions shall be maintained by the particular criminal justice agency which took the action and shall be open for inspection by any person at reasonable times, except as provided in this part 3 or as otherwise provided by law. The official custodian of any records of official actions may make such rules and regulations with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office.

            (2)  If the requested record of official action of a criminal justice agency is not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing, if requested by the applicant. In such notification, he shall state, in detail to the best of his knowledge and belief, the agency which has custody or control of the record in question.

            (3)  If the requested record of official action of a criminal justice agency is in the custody and control of the person to whom application is made but is in active use or in storage and therefore not available at the time an applicant asks to examine it, the custodian shall forthwith notify the applicant of this fact in writing, if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour within three working days at which time the record will be available for inspection.

            Source: L. 77: Entire part added, p. 1246, § 1, effective December 31.

24-72-304.  Inspection of criminal justice records. (1)  Except for records of official actions which must be maintained and released pursuant to this part 3, all criminal justice records, at the discretion of the official custodian, may be open for inspection by any person at reasonable times, except as otherwise provided by law, and the official custodian of any such records may make such rules and regulations with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office.

            (2)  If the requested criminal justice records are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing, if requested by the applicant. In such notification, he shall state, in detail to the best of his knowledge and belief, the reason for the absence of the records from his custody or control, their location, and what person then has custody or control of the records.

            (3)  If the requested records are not in the custody and control of the criminal justice agency to which the request is directed but are in the custody and control of a central repository for criminal justice records pursuant to law, the criminal justice agency to which the request is directed shall forward the request to the central repository. If such a request is to be forwarded to the central repository, the criminal justice agency receiving the request shall do so forthwith and shall so advise the applicant forthwith. The central repository shall forthwith reply directly to the applicant.

            (4) (a)  The name and any other information that would identify any victim of sexual assault or of alleged sexual assault or attempted sexual assault or alleged attempted sexual assault shall be deleted from any criminal justice record prior to the release of such record to any individual or agency other than a criminal justice agency when such record bears the notation "SEXUAL ASSAULT" prescribed by this subsection (4).

            (b) (I)  A criminal justice agency or custodian of criminal justice records shall make the notation "SEXUAL ASSAULT" on any record of official action and on the file containing such record when the official action is related to the commission or the alleged commission of any of the following offenses:

            (A)  Sexual assault under section 18-3-402, C.R.S., or sexual assault in the first degree under section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

            (B)  Sexual assault in the second degree under section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

            (C)  Unlawful sexual contact under section 18-3-404, C.R.S., or sexual assault in the third degree under section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

            (D)  Sexual assault on a child under section 18-3-405, C.R.S.;

            (E)  Sexual assault on a child by one in a position of trust under section 18-3-405.3, C.R.S.;

            (F)  Sexual assault on a client by a psychotherapist under section 18-3-405.5, C.R.S.;

            (G)  Incest under section 18-6-301, C.R.S.;

            (H)  Aggravated incest under section 18-6-302, C.R.S.; or

            (I)  An attempt to commit any of the offenses listed in sub-subparagraphs (A) to (H) of this subparagraph (I).

            (II)  The notation required pursuant to subparagraph (I) of this paragraph (b) shall be made when:

            (A)  Any record or file or both of official action is prepared relating to the commission or alleged commission of an offense enumerated in subparagraph (I) of this paragraph (b); or

            (B)  The name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of this paragraph (b) for which official action was taken appears on the criminal information or indictment.

            (c)  A criminal justice agency or custodian of criminal justice records shall make the notation "SEXUAL ASSAULT" on any record of official action and on the file containing such record when:

            (I)  Any employee of the court, officer of the court, or judicial officer notifies such agency or custodian of the name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of paragraph (b) of this subsection (4) when such victim's name is disclosed to or obtained by such employee or officer during the course of proceedings related to such official action; or

            (II)  Such record or file contains the name of a victim of the commission or alleged commission of any such offense and the victim requests the custodian of criminal justice records to make such a notation.

            (d)  The provisions of this subsection (4) shall not apply to the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141, C.R.S.

            (4.5) (a)  The name and any other information that would identify any child victim of offenses, alleged offenses, attempted offenses, or allegedly attempted offenses identified in paragraph (b) of this subsection (4.5) or under paragraph (c) of this subsection (4.5) shall be deleted from any criminal justice record prior to the release of such record to any individual or agency other than a criminal justice agency or the named victim or victim's designee, when such record bears the notation "CHILD VICTIM" required by this subsection (4.5).

            (b)  A criminal justice agency or custodian of criminal justice records shall make the notation "CHILD VICTIM" on any record of official action and on the file containing such record when the official action is related to the commission or the alleged commission of any of the offenses in the following statutes:

            (I)  Part 4 of article 6 of title 18, C.R.S.;

            (II)  Internet sexual exploitation of a child under section 18-3-405.4, C.R.S.;

            (III)  Enticement of a child under section 18-3-305, C.R.S.;

            (IV)  Internet luring of a child under section 18-3-306, C.R.S.;

            (V)  Soliciting for child prostitution under section 18-7-402, C.R.S.;

            (VI)  Pandering of a child under section 18-7-403, C.R.S.;

            (VII)  Procurement of a child under section 18-7-403.5, C.R.S.;

            (VIII)  Keeping a place of child prostitution under section 18-7-404, C.R.S.;

            (IX)  Pimping of a child under section 18-7-405, C.R.S.;

            (X)  Inducement of child prostitution under section 18-7-405.5, C.R.S.;

            (XI)  Patronizing a prostituted child under section 18-7-406, C.R.S.;

            (XII)  Human trafficking of a minor for involuntary servitude under section 18-3-503, C.R.S.;

            (XIII)  Human trafficking of a minor for sexual servitude under section 18-3-504 (2), C.R.S.; and

            (XIV)  An attempt to commit any of the offenses listed in subparagraphs (I) to (XIII) of this paragraph (b).

            (c)  A criminal justice agency or custodian of criminal justice records shall make the notation "CHILD VICTIM" on any record of official action and on the file containing such record when the official action involves a child victim when:

            (I)  Any employee of the court, officer of the court, or judicial officer notifies such agency or custodian of the name of a child victim when such a name is disclosed to or obtained by such employee or officer during the course of proceedings related to such official action; or

            (II)  The record or file contains the name of a child victim and the child victim or the child's legal guardian requests the custodian of the criminal justice record to make such a notation.

            (d)  The provisions of this subsection (4.5) shall not apply to the sharing of information between:

            (I)  Criminal justice agencies, school districts, state institution of higher education police departments and authorized university administrators pursuant to section 23-5-141, C.R.S., assessment centers for children as defined in section 19-1-103 (10.5), C.R.S., or social services agencies as authorized by section 22-32-109.1 (3), C.R.S.;

            (II)  Public schools and school districts for the purposes of suspension, expulsion, and reenrollment determinations pursuant to sections 22-33-105 (5)(a), 22-33-106 (1.2) and (4)(a), and 19-1-303, C.R.S.; and

            (III)  The office of the child protection ombudsman, the office of the child's representative, the office of the respondent parents' counsel, child fatality review teams as defined in sections 25-20.5-404, 25-20.5-406, and 26-1-139, C.R.S., and state or county departments of human or social services in the exercise of their duties.

            (5)  Nothing in this section shall be construed to limit the discretion of the district attorney to authorize a crime victim, as defined in section 24-4.1-302 (5), or a member of the victim's immediate family, as defined in section 24-4.1-302 (6), to view all or a portion of the presentence report of the probation department.

            Source: L. 77: Entire part added, p. 1246, § 1, effective December 31. L. 92: (4) added, p. 1106, § 6, effective July 1. L. 93: (4) amended, p. 1863, § 1, effective June 6. L. 96: (4)(a) amended, p. 1587, § 14, effective July 1. L. 97: (5) added, p. 1551, § 2, effective July 1. L. 2000: (4)(b)(I)(A), (4)(b)(I)(B), and (4)(b)(I)(C) amended, p. 707, § 36, effective July 1. L. 2006: (4)(a) and (4)(b)(I) amended, p. 421, § 3, effective April 13. L. 2011: (4)(d) added, (HB 11-1169), ch. 119, p. 374, § 2, effective April 20. L. 2016: (4.5) amended, (SB 16-110), ch. 90, p. 252, § 1, effective September 1.

            Editor's note: Section 2 of chapter 90 (SB 16-110), Session Laws of Colorado 2016, provides that the notation requirement in subsection (4.5) applies to offenses committed on or after September 1, 2016. Section 2 further provides that criminal justice agencies and custodians of criminal justice records shall make reasonable efforts to comply with subsection (4.5) for offenses committed prior to September 1, 2016.

24-72-305.  Allowance or denial of inspection - grounds - procedure - appeal. (1)  The custodian of criminal justice records may allow any person to inspect such records or any portion thereof except on the basis of any one of the following grounds or as provided in subsection (5) of this section:

            (a)  Such inspection would be contrary to any state statute;

            (b)  Such inspection is prohibited by rules promulgated by the supreme court or by the order of any court.

            (1.5)  On the ground that disclosure would be contrary to the public interest, the custodian of criminal justice records shall deny access to the results of chemical biological substance testing to determine the genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, C.R.S.

            (2) to (4)  Repealed.

            (5)  On the ground that disclosure would be contrary to the public interest, and unless otherwise provided by law, the custodian may deny access to records of investigations conducted by or of intelligence information or security procedures of any sheriff, district attorney, or police department or any criminal justice investigatory files compiled for any other law enforcement purpose.

            (6)  If the custodian denies access to any criminal justice record, the applicant may request a written statement of the grounds for the denial, which statement shall be provided to the applicant within seventy-two hours, shall cite the law or regulation under which access is denied or the general nature of the public interest to be protected by the denial, and shall be furnished forthwith to the applicant.

            (7)  Any person denied access to inspect any criminal justice record covered by this part 3 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 said custodian should not permit the inspection of such record. A hearing on such application shall be held at the earliest practical time. Unless the court finds that the denial of inspection was proper, it shall order the custodian to permit such inspection and, upon a finding that the denial was arbitrary or capricious, it may order the custodian to pay the applicant's court costs and attorney fees in an amount to be determined by the court. Upon a finding that the denial of inspection of a record of an official action was arbitrary or capricious, the court may also order the custodian personally to pay to the applicant a penalty in an amount not to exceed twenty-five dollars for each day that access was improperly denied.

            (8)  The allowance or denial of the right to inspect criminal justice records that contain specialized details of security arrangements or investigations shall be governed by section 24-72-204 (2)(a)(VIII).

            Source: L. 77: Entire part added, p. 1246, § 1, effective December 31. L. 78: IP(1) amended and (2) to (4) repealed, pp. 403, 407, §§ 1, 4, effective May 5. L. 99: (1.5) added, p. 1170, § 6, effective July 1. L. 2000: (1.5) amended, p. 1266, § 6, effective May 26; (1.5) amended, p. 1028, § 8, effective July 1. L. 2002: (1.5) amended, p. 1024, § 44, effective June 1; (1.5) amended, p. 1155, § 16, effective July 1. L. 2005: (8) added, p. 503, § 3, effective July 1. L. 2006: (1.5) amended, p. 1692, § 16, effective July 1, 2007. L. 2007: (1.5) amended, p. 2040, § 61, effective June 1. L. 2009: (1.5) amended, (SB 09-241), ch. 295, p. 1577, § 3, effective September 30, 2010. L. 2010: (1.5) amended, (HB 10-1422), ch. 419, p. 2087, § 77, effective August 11.

            Editor's note: (1)  Amendments to subsection (1.5) by House Bill 00-1166 and Senate Bill 00-121 were harmonized.

            (2)  Amendments to subsection (1.5) by Senate Bill 02-159 and Senate Bill 02-019 were harmonized.

24-72-305.3.  Private access to criminal history records of volunteers and employees of charitable organizations.

            (1)  (Deleted by amendment, L. 2001, p. 1233, § 1, effective June 5, 2001.)

            (2) (a)  As used in this subsection (2):

            (I)  "Authorized agency" means a division or office of a state designated by a state to report, receive, or disseminate information under the "Volunteers for Children Act", contained in Public Law 105-251, as amended.

            (II)  "Bureau" means the Colorado bureau of investigation created in section 24-33.5-401.

            (III)  "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

            (IV)  "Convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.

            (V)  (Deleted by amendment, L. 2001, p. 1233, § 1, effective June 5, 2001.)

            (V.2)  "The elderly" means persons sixty years of age or older receiving care.

            (V.5)  "Individuals with disabilities" means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.

            (VI)  "Provider" shall have the same meaning as set forth in 42 U.S.C. sec. 5119c and includes an owner of, an employee of, an applicant seeking employment with, or a volunteer with a qualified entity.

            (VII)  "Qualified entity" means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

            (b)  For the purpose of implementing the provisions of the "Volunteers for Children Act", contained in Public Law 105-251, as amended, on and after July 1, 2000, each qualified entity in the state may contact an authorized agency for the purpose of determining whether a provider has been convicted of, or is under pending indictment for, a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. Such crimes shall include, but need not be limited to:

            (I)  Felony child abuse, as specified in section 18-6-401, C.R.S.;

            (II)  A crime of violence, as defined in section 18-1.3-406, C.R.S.;

            (III)  Any felony offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;

            (IV)  Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;

            (V)  Any felony offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subparagraphs (I) to (IV) of this paragraph (b).

            (c) (I)  For purposes of this subsection (2), the bureau shall be designated an authorized agency. The executive director of the department of public safety shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the director of the department of public safety may promulgate all reasonable and necessary rules to implement this subsection (2).

            (II)  For purposes of this subsection (2):

            (A)  The department of human services, created in section 24-1-120, may serve as an authorized agency for those qualified entities that are regulated by the said department. The state board of human services shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of human services may promulgate all reasonable and necessary rules to implement this subsection (2).

            (B)  The department of public health and environment, created in section 24-1-119, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of health shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of health may promulgate all reasonable and necessary rules to implement this subsection (2).

            (C)  The department of education, created in section 24-1-115, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of education shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of education may promulgate all reasonable and necessary rules to implement this subsection (2).

            (d)  Any authorized agency reporting, receiving, or disseminating criminal history record information pursuant to this subsection (2) shall request such information only through the bureau. The bureau, in responding to such request, shall access records that are maintained by or within this state and any other state or territory of the United States, any other nation, or any agency or subdivision of the United States including, but not limited to, the federal bureau of investigation in the United States department of justice.

            Source: L. 95: Entire section added, p. 111, § 1, effective March 30. L. 2000: Entire section amended, p. 1701, § 1, effective July 1. L. 2001: Entire section amended, p. 1233, § 1, effective June 5. L. 2002: (2)(b)(III) amended, p. 1189, § 32, effective July 1; (2)(b)(II) amended, p. 1535, § 258, effective October 1.

            Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b)(II), see section 1 of chapter 318, Session Laws of Colorado 2002.

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.

            Source: L. 94: Entire section added, p. 1048, § 1, effective July 1. L. 2002: IP(1) and (2) amended, p. 977, § 14, effective June 1.

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.

            Source: 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.

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.

            Source: 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.

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.

            Source: L. 77: Entire part added, p. 1248, § 1, effective December 31. L. 2008: (1) amended and (3) added, p. 428, § 1, effective August 5.

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.

            Source: L. 77: Entire part added, p. 1248, § 1, effective December 31.

24-72-308.  Sealing of arrest and criminal records other than convictions. (Repealed)

            Source: 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 January 1, 1983. L. 83: (1)(a) amended, p. 680, § 4, effective July 1; (2)(i) and (3)(c)(II) amended, p. 963, § 11, effective July 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.

            Editor's note: This section was relocated to § 24-72-702 in 2014.

24-72-308.5.  Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2008, and prior to July 1, 2011. (Repealed)

            Source: 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 11-1167), 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.

            Editor's note: 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. For a detailed comparison, see the comparative tables located in the back of the index.
24-72-308.6.  Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011. (Repealed)

            Source: L. 2011: Entire section added, (HB 11-1167), 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.

            Editor's note: 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. For a detailed comparison, see the comparative tables located in the back of the index.

24-72-308.7.  Sealing of criminal conviction records information for offenses committed by victims of human trafficking. (Repealed)

            Source: 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.

            Editor's note: 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. For a detailed comparison, see the comparative tables located in the back of the index.

24-72-308.8.  Sealing of criminal conviction records information for offenses involving theft of public transportation services. (Repealed)

             Source: 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.

             Editor's note: 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. For a detailed comparison, see the comparative tables located in the back of the index.

24-72-308.9.  Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions. (Repealed)

              Source: 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.

              Editor's note: 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. For a detailed comparison, see the comparative tables located in the back of the index.

24-72-309.  Violation - penalty. Any person who willfully and knowingly violates the provisions of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

                        Source: L. 77: Entire part added, p. 1250, § 1, effective December 31.
 


 

PART 4 — JUDICIAL DISCIPLINARY HEARINGS


24-72-401.  Commission on judicial discipline - confidentiality of records and procedures. The record of an investigation conducted by the commission on judicial discipline or by masters appointed by the supreme court at the request of the commission shall contain all papers filed with and all proceedings before the commission or the masters. The record shall be confidential and shall remain confidential after filing with the supreme court. A recommendation of the commission for the removal or retirement of a justice or judge shall not be confidential after it is filed with the supreme court.

                        Source: L. 83: Entire part added, p. 1003, § 1, effective July 1.

24-72-402.  Violation - penalty. Any member of the commission, any master appointed by the supreme court, or anyone providing assistance to such commission or such masters who willfully and knowingly discloses the contents of any paper filed with, or any proceeding before, such commission or such masters, or willfully and knowingly discloses the contents of any recommendation of the commission before such recommendation is filed with the supreme court is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars. This section shall not apply to any necessary communication between the members of the commission or the masters appointed by the supreme court or anyone employed to aid such commission or such masters in the filing or documentation of any paper filed with, or any proceedings before, such commission or such masters or the preparation of the recommendation of such commission.

                        Source: L. 83: Entire part added, p. 1003, § 1, July 1.