(1) (a) In any criminal action, if the court finds, upon application of the prosecution, that there is substantial risk of physical harm or intimidation of a witness, the court may enter an order that a deposition be taken of that witness' testimony and that the deposition be recorded and preserved on video tape.
(b) For the purposes of this section, intimidation means to, directly or indirectly, by oneself or through any other person in one's behalf, make use of any force, violence, restraint, abduction, duress, or forcible or fraudulent device or contrivance, or to inflict or threaten the infliction of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person in order to impede, prevent, or otherwise interfere with the testimony of the witness, or to compel, induce, or prevail upon any witness to give or refrain from giving testimony in any criminal action.
(2) The prosecution shall apply for the order specified in subsection (1) of this section in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition. The defendant shall have a right to be present and represented by counsel at the deposition.
(3) Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, there is likely to be a substantial risk of physical harm or intimidation of a witness. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.
Source: L. 92: Entire section added, p. 281, � 2, effective July 1.
13-25-133. Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception. (1) Except as provided in subsection (3) of this section, the contents of any communication made directly or indirectly through a telecommunications device for the deaf (commonly known as TDD) or teletype (commonly known as TTY) and any writing or recording resulting from the communication are inadmissible as evidence of the existence or contents of the communication in any court of law, legal proceeding, or administrative hearing.
(2) For the purposes of this section, telecommunications device for the deaf or teletype means any auxiliary aid or service consisting of listening or transcription systems that allow the reception or transmission of aurally delivered communication and materials for the benefit of individuals with hearing, speech, or physical impairments.
(3) The provisions of this section do not apply to any communication intercepted pursuant to a lawful court order.
Source: L. 94: Entire section added, p. 458, � 1, effective March 29.
13-25-134. Electronic records and signatures - admissibility in evidence - originals. Pursuant to the provisions of article 71.3 of title 24, C.R.S., in any legal proceeding, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of an electronic record or electronic signature into evidence on the sole ground that it is an electronic record or electronic signature or on the grounds that it is not in its original form or is not an original.
Source: L. 99: Entire section added, p. 1347, � 4, effective July 1. L. 2002: Entire section amended, p. 858, � 5, effective May 30.
13-25-135. Evidence of admissions - civil proceedings - unanticipated outcomes - medical care. (1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health-care provider or an employee of a health-care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as the result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
(2) For purposes of this section, unless the context otherwise requires:
(a) Health-care provider means any person licensed or certified by the state of Colorado to deliver health care and any clinic, health dispensary, or health facility licensed by the state of Colorado. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.
(b) Relative means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, relative includes any person who has a family-type relationship with a victim.
(c) Representative means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient's agent.
(d) Unanticipated outcome means the outcome of a medical treatment or procedure that differs from an expected result.
Source: L. 2003: Entire section added, p. 940, � 1, effective April 17.
13-25-136. Criminal actions - prenatal drug and alcohol screening - admissibility of evidence. A court shall not admit in a criminal proceeding information relating to substance use obtained as part of a screening or test performed to determine pregnancy or to provide prenatal or postpartum care, up to one year postpartum, or if a pregnant or parenting person discloses substance use during pregnancy while seeking or participating in behavioral health treatment. This section does not prohibit prosecution of any claim or action related to such substance use based on evidence obtained through methods other than those described in this section.
Source: L. 2012: Entire section added, (HB 12-1100), ch. 10, p. 27, � 2, effective March 9. L. 2019: Entire section amended, (HB 19-1193), ch. 272, p. 2574, � 10, effective May 23. L. 2023: Entire section amended, (HB 23-1187), ch. 246, p. 1340, � 2, effective August 7.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 10, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1193, see section 1 of chapter 272, Session Laws of Colorado 2019.