(1) (a) Whenever a
witness in any proceeding before any grand jury refuses, without just cause shown,
to comply with an order of the court to testify or provide other information,
including any book, paper, document, record, recording, or other material, the
prosecuting attorney may submit an application to the court for an order directing
the witness to show why the witness should not be held in contempt. After
submission of such application and a hearing at which the witness may be
represented by counsel, the court may, if the court finds that such refusal was
without just cause, hold the witness in contempt and order the witness to be
confined. Such confinement shall continue until such time as the witness is willing
to give such testimony or provide such information; however, the court may release
the witness from confinement if the court determines that further confinement will
not cause the witness to give such testimony or provide such information. No period
of such confinement shall exceed the term of the grand jury, including extensions,
before which such refusal to comply with the court order occurred, and in no event
shall such confinement exceed six months.
(b) If a witness has been confined in accordance with paragraph (a) of this
subsection (1), he or she may, upon petition filed with the court, request a hearing to
be held within fourteen days to review the contempt order at which hearing he or
she shall have the right to be represented by counsel. The court, at the hearing, may
rescind, modify, or affirm the order.
(c) In any proceeding conducted under this section, counsel may be
appointed for a person financially unable to obtain adequate assistance.
(1.5) (a) Upon verified application of the prosecuting attorney stating that a
witness was lawfully served with a subpoena to appear and testify before the grand
jury and that the witness failed to appear in accordance with such subpoena, the
court shall issue a warrant commanding any peace officer to bring the witness
without unnecessary delay before the court for a hearing on the matters set forth in
the application and to determine whether the witness should be held in contempt
pursuant to subsection (1) of this section.
(b) Upon issuance of the warrant, the court may fix an appropriate bond and
direct, as a condition of the bond, that the witness appear on a date and at a time
certain for the hearing.
(2) No person who has been imprisoned or fined by a court for refusal to
testify or provide other information concerning any criminal incident or incidents in
any proceeding before a grand jury impaneled before any district court shall again
be imprisoned or fined for a subsequent refusal to testify or provide other
information concerning the same criminal incident or incidents before any grand
jury.
(3) Upon impanelment of each grand jury, the court shall give to such grand
jury adequate and reasonable written notice of and shall assure that the grand jury
reasonably understands the nature of:
(a) Its duty to inquire into offenses against the criminal laws of the state of
Colorado alleged to have been committed;
(b) Its right to call and interrogate witnesses;
(c) Its right to request the production of documents or other evidence;
(d) The subject matter of the investigation and the criminal statutes or other
statutes involved, if these are known at the time the grand jury is impaneled;
(e) The duty of the grand jury by an affirmative vote of nine or more members
of the grand jury to determine, based on the evidence presented before it, whether
or not there is probable cause for finding indictments and to determine the
violations to be included in any such indictments; and
(f) The requirement that the grand jury may not find an indictment in cases of
perjury unless at least two witnesses to the same fact present evidence
establishing probable cause to find such an indictment.
(4) (a) At the option of the prosecuting attorney, a grand jury subpoena may
contain an advisement of rights. If the prosecuting attorney determines that an
advisement is necessary, the grand jury subpoena shall contain the following
advisement prominently displayed on the front of the subpoena:
NOTICE
(I) You have the right to retain an attorney to represent you and to advise you
regarding your grand jury appearance.
(II) Anything you say to the grand jury may be used against you in a court of law.
(III) You have the right to refuse to answer questions if you feel the answers would
tend to incriminate you or to implicate you in any illegal activity.
(IV) If you cannot afford or obtain an attorney, you may request the court to
appoint an attorney to consult with or represent you.
(b) Any witness who is not advised of his rights pursuant to paragraph (a) of
this subsection (4) shall not be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter, or thing concerning which he testifies
or any evidence he produces, nor shall any such testimony or evidence be used as
evidence in any criminal proceeding, except for perjury, against him in any court.
(c) Repealed.
(d) Any witness subpoenaed to appear and testify before a grand jury or to
produce books, papers, documents, or other objects before such grand jury shall be
entitled to assistance of counsel during any time that such witness is being
questioned in the presence of such grand jury, and counsel may be present in the
grand jury room with his client during such questioning. However, counsel for the
witness shall be permitted only to counsel with the witness and shall not make
objections, arguments, or address the grand jury. Such counsel may be retained by
the witness or may, for any person financially unable to obtain adequate assistance,
be appointed in the same manner as if that person were eligible for appointed
counsel. An attorney present in the grand jury room shall take an oath of secrecy. If
the court, at an in camera hearing, determines that counsel was disruptive, then the
court may order counsel to remain outside the courtroom when advising his client.
No attorney shall be permitted to provide counsel in the grand jury room to more
than one witness in the same criminal investigation, except with the permission of
the grand jury.
(e) Once a grand jury has returned a no true bill based upon a transaction,
set of transactions, event, or events, a grand jury inquiry into the same transaction
or events shall not be initiated unless the court finds, upon a proper showing by the
prosecuting attorney, that the prosecuting attorney has discovered additional
evidence relevant to such inquiry.
(f) An authorized reporter shall be present at all grand jury sessions. All
grand jury proceedings and testimony from commencement to adjournment shall
be reported. The reporter's notes and any transcripts which may be prepared shall
be preserved, sealed, and filed with the court. No release or destruction of the
notes or transcripts shall occur without prior court approval.
(g) Upon application by the prosecutor, or by any witness after notice to the
prosecutor, the court, for good cause, may enter an order to furnish to that witness
a transcript of his own grand jury testimony, or minutes, reports, or exhibits relating
to them.
(h) Any witness summoned to testify before a grand jury, or an attorney for
such witness with the witness's written approval, shall be entitled, prior to
testifying, to examine and copy at the witness's expense any statement in the
possession of the prosecuting attorney or the grand jury which such witness has
made to any law enforcement or prosecution official or under an oath required by
law that relates to the subject matter under inquiry by the grand jury. If a witness is
proceeding in forma pauperis, he shall be furnished, upon request, a copy of such
transcript and shall not pay a fee.
(i) No person subpoenaed to testify or to produce books, papers, documents,
or other objects in any proceeding before any grand jury shall be required to testify
or to produce such objects, or be confined as provided in this section, for his failure
to so testify or produce such objects if, upon filing a motion and upon an evidentiary
hearing before the court which issued such subpoena or a court having jurisdiction
under this section, the court finds that:
(I) A primary purpose or effect of requiring such person to so testify or to
produce such objects before the grand jury is or will be to secure testimony for trial
for which the defendant has already been charged by information, indictment, or
criminal complaint;
(II) Compliance with a subpoena would be unreasonable or oppressive;
(III) A primary purpose of the issuance of the subpoena is to harass the
witness;
(IV) The witness has already been confined, imprisoned, or fined under this
section for his refusal to testify before any grand jury investigating the same
transaction, set of transactions, event, or events; or
(V) The witness has not been advised of his rights as specified in paragraph
(a) of this subsection (4).
(j) Any grand jury may indict a person for an offense when the evidence
before such grand jury provides probable cause to believe that such person
committed such offense.
(k) The district court before which the indicted defendant is to be tried shall
dismiss any indictment of the grand jury if such district court finds, upon the filing
of a motion by the indicted defendant based upon the grand jury record without
argument or further evidence, that the grand jury finding of probable cause is not
supported by the record.
(l) Any person may approach the prosecuting attorney or the grand jury and
request to testify or retestify in an inquiry before a grand jury or to appear before a
grand jury. The prosecuting attorney or the grand jury shall keep a record of all
denials of such requests to that prosecuting attorney or grand jury, including the
reasons for not allowing such person to testify or appear. If the person making such
request is dissatisfied with the decision of the prosecuting attorney or the grand
jury, such person may petition the court for hearing on the denial by the
prosecuting attorney or the grand jury. If the court grants the hearing, then the
court may permit the person to testify or appear before the grand jury, if the court
finds that such testimony or appearance would serve the interests of justice.
(m) The foreman, or acting foreman when designated by the court, of the
grand jury may swear or affirm all witnesses who come before the grand jury.
(n) Any other motions testing the validity of the indictment may be heard by
the court based only on the record and argument of counsel, unless there is cause
shown for the need for additional evidence.