(1) A crime laboratory employee who, in pursuance of their work or in the course of an investigation, witnesses or discovers wrongful action must report that wrongful action to their immediate supervisor at the crime laboratory or to the crime laboratory director within seven days after witnessing or discovering the wrongful action. A crime laboratory supervisor who receives a report shall notify the crime laboratory director within seventy-two hours after receiving the report.
(2) A report required by this section must be made in writing and include a description of the wrongful action; the date, time, and location that the wrongful action was seen or discovered; the people present at the time; and, if known, any identifying numbers or case numbers that relate to the wrongful action.
(3) Each crime laboratory shall develop and implement policies and procedures for reporting wrongful actions in accordance with this section. The policies and procedures must identify the crime laboratory director who receives reports of wrongful actions.
Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1893, � 1, effective June 2.
16-12-305. Duty of crime laboratory to investigate wrongful action - report to prosecuting attorney - record retention. (1) A crime laboratory director who, on or after July 1, 2025, receives a report of wrongful action pursuant to section 16-12-304 or receives other information about an act or omission by a crime laboratory employee that may constitute wrongful action shall forthwith investigate the crime laboratory employee's actions.
(2) A crime laboratory director's investigation of wrongful action conducted pursuant to this section must include, but is not limited to:
(a) A review and analysis of all data, reports, and documents relevant to the alleged or actual wrongful action;
(b) Taking statements from all relevant witnesses;
(c) An assessment of the employee's compliance with all standards and policies of the crime laboratory relevant to the actions described in the report of wrongful action;
(d) An assessment of the laboratory's compliance with any laboratory accreditation, certification, or licensure requirements relevant to the actions described in the report of wrongful action;
(e) A determination of whether wrongful action occurred; and
(f) Identifying and compiling a list of all cases that the crime laboratory employee worked on in an official capacity at the crime laboratory. The investigation need not include a review of the case work on any case included on the list unless the crime laboratory director determines that a review is warranted.
(3) (a) When an investigation is of alleged wrongful action in a pending case, the crime laboratory director shall, within seven days of beginning the investigation, notify the district attorney with jurisdiction over each pending criminal case that is subject to the investigation about the investigation.
(b) The notice to the district attorney must include:
(I) The name of the crime laboratory employee;
(II) The nature of the allegation; and
(III) A list of the cases identified in the initial investigation pursuant to subsection (1) of this section in which there is an alleged wrongful action or that are being reviewed as part of an investigation into the alleged wrongful action.
(4) (a) Within ninety-one days of the report of wrongful action to the crime laboratory director, the director shall complete the investigation of a wrongful action and determine whether wrongful action occurred in a case identified in the initial investigation notice to the district attorney made pursuant to subsection (3)(a) of this section.
(b) (I) If the investigation cannot be completed within ninety-one days, the crime laboratory director shall provide notice of the investigation to each district attorney who has jurisdiction over any case the crime laboratory employee worked on in an official capacity, including cases subject to the notice required pursuant to subsection (3)(a) of this section.
(II) The notice to the district attorney about an ongoing investigation made pursuant to subsection (4)(b)(I) of this section must include:
(A) The name of the crime laboratory employee;
(B) The nature of the allegation;
(C) A written update that addresses the state of the investigation, the reason for the delay, and the anticipated timeline for completing the investigation; and
(D) The list of cases described in subsection (2)(f) of this section.
(III) After notifying a district attorney about an ongoing investigation pursuant to subsection (4)(b)(I) of this section, the crime laboratory director shall provide written updates about the status of the investigation to the district attorney at least every thirty-five days thereafter until the investigation is complete.
(c) At the conclusion of the investigation, the crime laboratory director shall prepare a written final report describing the investigation and determinations on the cases in which there is an alleged wrongful action by a crime laboratory employee. If the investigation determines that the crime laboratory employee engaged in wrongful action, the final report must include the list of cases described in subsection (2)(f) of this section, and the release of the final report is governed by section 24-72-303 (4)(a.5).
(5) (a) If the investigation determines that the crime laboratory employee did not engage in wrongful action, no further action is required by the crime laboratory director; except that:
(I) The director shall deliver forthwith the final report of the investigation to each district attorney who received a notice of the investigation pursuant to subsections (3) and (4) of this section; and
(II) The director shall deliver forthwith the final report of the investigation to each district attorney with jurisdiction over any case that was subject to investigation pursuant to subsection (1) of this section.
(b) If the investigation determines that the crime laboratory employee engaged in wrongful action, the crime laboratory director shall:
(I) Deliver forthwith the final report of the investigation, which includes the list of cases described in subsection (2)(f) of this section, to each district attorney who has jurisdiction over any case that the crime laboratory employee worked on in an official capacity; and
(II) Provide the district attorney all materials discoverable by the defendant pursuant to section 16-12-309 on a timely and ongoing basis through the conclusion of post-conviction proceedings. The director shall respond to any requests for discoverable material from the district attorney by providing the requested materials or by responding in writing within twenty-four days after receiving the request that the requested materials do not exist.
(6) A crime laboratory must adopt policies and procedures governing:
(a) Procedures needed to comply with the mandates of this article 12; and
(b) The preservation of records related to wrongful action reports received by the crime laboratory director and the director's investigation and investigatory reports. The policies must require that all records are preserved at least through the final resolution of litigation or potential litigation in all affected cases and any related civil cases.
(7) If an investigation concerning wrongful action by a crime laboratory occurred after July 1, 2014, and before July 1, 2025, and the investigation resulted in criminal allegations filed against the crime laboratory employee or a sustained internal affairs action by the department supervising the crime laboratory employee, the crime laboratory director shall, as soon as practicable but no later than September 1, 2025, prepare a final report, as described in subsection (4)(c) of this section, and provide the report to all district attorneys with jurisdiction over any criminal case that is identified in the final report that is pending or has resulted in a conviction in that jurisdiction. The report must include the list of cases required in subsection (2)(f) of this section.
(8) All records related to an investigation, including notices and reports, are criminal justice records as defined in section 24-72-302. Except as provided in this section, release of the records is governed by part 3 of article 72 of title 24.
Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1893, � 1, effective June 2.
16-12-306. Prosecution duty to notify defendants and defendant's counsel - content of notice. (1) A district attorney who receives a notice from a crime laboratory director pursuant to section 16-12-305 (3)(a) that an investigation of wrongful action was initiated shall notify the defendant in the case that is subject to the investigation as soon as practicable but no later than ninety-one days after receiving the notice of the initiation of the investigation, unless court rules, court order, or law requires an earlier deadline for disclosure.
(2) (a) A district attorney who receives a final report of an investigation pursuant to section 16-12-305 (5)(b) or (7) that determines that a crime laboratory employee engaged in wrongful action in a case shall notify the defendant in that case, and each defendant whose case was reviewed as part of the investigation, of the determination of wrongful action in the case that is subject to the investigation as soon as practicable but no later than ninety-one days after the receipt of the final report.
(b) The district attorney shall also notify each defendant in a case identified by the crime laboratory director in the list of cases described in section 16-12-305 (2)(f) that was provided to the district attorney but only if the defendant's criminal case is pending or resulted in a conviction in that jurisdiction. The district attorney shall notify the defendant as soon as practicable but no later than ninety-one days after receipt of the final report.
(3) If a crime laboratory director's investigation initiated pursuant to section 16-12-305 (1) is not completed within one hundred twenty-six days, the district attorney shall notify the defendants identified by the crime laboratory in the list of cases described in section 16-12-305 (2)(f) that was provided to the district attorney of the investigation of the wrongful action but only when the criminal case is pending or resulted in a criminal conviction. The district attorney shall notify the defendants pursuant to this subsection (3) as soon as practicable. The notice of an incomplete investigation described in this subsection (3) is in addition to the notice of a final report required in subsection (2) of this section.
(4) In addition to the information required in a notice pursuant to this subsection (4), the notice to the defendant made pursuant to subsection (2) of this section must state that there is a final report of wrongful action by a crime laboratory employee involved in the defendant's case. The notice made to a defendant pursuant to this section must include:
(a) The name of the crime laboratory employee and the name of the crime laboratory or agency that operates the crime laboratory;
(b) The defendant's case number and court that has jurisdiction over the case;
(c) A statement that the defendant has:
(I) A time-limited right to make a post-conviction claim pursuant to the Colorado Forensic Science Integrity Act and an appropriate citation to the Colorado Forensic Science Integrity Act;
(II) A right to counsel to investigate, file, and litigate post-conviction claims pursuant to the Colorado Forensic Science Integrity Act;
(III) A right to hire their own counsel and, if the defendant cannot afford counsel, the right to court-appointed counsel;
(d) Information about how to contact the office of state public defender or the court to request that counsel be appointed; and
(e) Information about how to contact the district attorney's office to determine the status of the investigation, if the defendant is proceeding without counsel.
(5) (a) If the defendant's criminal case is a pending case for which no conviction has been entered, is on appeal status, or has had post-conviction motions filed that are pending, the district attorney shall immediately notify the defendant and the defendant's counsel through discovery in the case.
(b) If the defendant was convicted in the case and there is not a pending appeal and there are no pending post-conviction motions in the case and:
(I) The defendant is in custody in jail or a correctional facility, the district attorney shall notify the defendant via regular mail at the defendant's place of incarceration and notify the office of the public defender by email at the email address described in subsection (5)(c) of this section; or
(II) The defendant is not in custody in jail or a correctional facility, the district attorney shall notify the defendant, by personal service or registered mail, at the defendant's last-known address and the address of the defendant's last-known counsel or if the defendant's last-known counsel was the public defender, notify the office of public defender by email at the email address described in subsection (5)(c) of this section.
(c) The state public defender shall designate an email address to receive notices pursuant to this section and shall provide the email address to each district attorney and the Colorado district attorneys' council.
Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1896, � 1, effective June 2.