Title 16, Criminal Proceedings

(1) The general assembly hereby declares that the purpose of this part 2 is to establish an expedited system of unitary review of class 1 felony cases in which a death sentence is imposed. (2) The general assembly finds that enactment of this part 2 will accomplish the following …

(1) Notwithstanding any state statute or rule of the Colorado supreme court to the contrary, this part 2 and the supreme court rules adopted pursuant to this part 2 establish the only procedure for challenging a sentence of death or the conviction that resulted in the sentence of…

As used in this part 2, unless the context otherwise requires: (1) "Direct appeal" means the appeal to the Colorado supreme court of any issues raised at the entry of a guilty plea, before trial, at trial, at the penalty phase hearing, or in a motion for new trial. (2) "Direct ap…

(1) The trial court, upon the imposition of a death sentence, shall set the time of execution pursuant to section 18-1.3-1205, C.R.S., and enter an order staying execution of the judgment and sentence until receipt of an order from the Colorado supreme court. The trial court shal…

(1) At the hearing held pursuant to section 16-12-204 (2), if the defendant chooses to pursue postconviction review, the trial court shall enter an order appointing new postconviction counsel for the defendant if the trial court finds that the defendant is indigent and either the…

(1) (a) In any case in which a defendant has been convicted of a class 1 felony and been sentenced to death, all motions for postconviction review and all postconviction review proceedings are governed by this part 2 and by the supreme court rules adopted to implement this part 2…

(1) (a) If the defendant waives his or her right to postconviction review as provided in section 16-12-204, but intends to proceed with direct appeal, trial counsel, direct appeal counsel, if appointed or retained, or the defendant, if proceeding on direct appeal without counsel,…

(1) No later than January 1, 1998, the Colorado supreme court shall adopt rules to establish procedures, including time limits, for the postconviction review and unitary appeal process created by this part 2. (2) The rules adopted by the Colorado supreme court pursuant to subsect…

(1) No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the…

If any provision of this part 2 or the application of this part 2 to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this part 2 that can be given effect without the …

The short title of this part 3 is the "Colorado Forensic Science Integrity Act". Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1891, § 1, effective June 2.

(1) The general assembly finds and declares that: (a) An effective criminal justice system requires that crime laboratory employees act with integrity and that crime laboratories have controls to prevent and detect knowing misconduct and violations of procedures and properly inve…

As used in this part 3, unless the context otherwise requires: (1) "Crime laboratory" means a forensic services provider in Colorado that assists law enforcement agencies or prosecutors by performing scientific laboratory testing or examination of physical evidence. "Crime labora…

(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 day…

(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 …

(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 lat…

(1) When a district attorney receives a notice that a crime laboratory employee engaged in wrongful action and a criminal case identified in the notice involves a crime listed in section 24-4.1-302 (1), the district attorney shall notify each victim of the crime pursuant to secti…

(1) A defendant has the right to counsel to investigate, file, and litigate a post-conviction claim arising from wrongful action and appeals arising from the claim. The right to counsel for assistance with post-conviction claims pursuant to this part 3, including the right for an…

(1) (a) A defendant has a right to discovery, including post-conviction discovery, related to the wrongful action: (I) Upon receipt of a notice of reported wrongful action described in section 16-12-306; or (II) If a court orders discovery after the defendant files a pleading tha…

(1) Notwithstanding any other claim for post-conviction relief available pursuant to federal or state law, including relief available pursuant to the Colorado rules of criminal procedure, a defendant who was convicted of a criminal offense who receives a notice of reported wrongf…

(1) (a) Notwithstanding the limitation in section 16-5-402, a claim for post-conviction relief relying in whole or in part on facts related to wrongful action must be commenced within the applicable time period set forth in subsection (1)(b) of this section, which begins to run u…

(1) If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that wrongful action was material to the defendant's case, the court shall decide the claim upon the merits after an evidentiary hearing. (2) Upon the request of a party, the court…