§ 13-25-132 — Criminal actions - video tape depositions - use at trial

Colorado § 13-25-132

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Evidence - General Provisions

Text

(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.

Legislative History

Source: L. 92: Entire section added, p. 281, � 2, effective July 1.