§ 18-6.5-103.5 — Video tape depositions - at-risk adult victims and witnesses

Colorado § 18-6.5-103.5

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Wrongs to At-risk Adults

Text

(1) In any case in which a defendant is charged with a crime against an at-risk adult
or at-risk elder, or in any case involving a victim or witness who is an at-risk adult or
at-risk elder, the prosecution may file a motion with the court at any time prior to
commencement of the trial for an order that a deposition be taken of the testimony
of the victim or witness and that the deposition be recorded and preserved on a
video imaging format.

(2) The prosecution shall file a motion requesting a recorded deposition at
least fourteen days prior to the taking of the deposition. The defendant shall
receive reasonable notice of the taking of the deposition. The defendant shall have
the right to be present and to be represented by counsel at the deposition; except
that for good cause shown, the court may permit the filing of a motion requesting a
recorded deposition less than fourteen days prior to taking the deposition.

(3) (a) (I) Upon receipt of the motion, the court shall schedule the deposition
to take place within fourteen days without further findings, except for good cause
shown by the prosecution if the motion asks for the deposition to be taken in less
than fourteen days, if the victim is an at-risk elder.

(II) Except for depositions of at-risk elder victims as described in
subparagraph (I) of this paragraph (a), upon the filing of the motion by the
prosecution stating reasons the victim or witness may be unavailable at trial, the
court may order a deposition for an at-risk adult victim or witness or at-risk elder
witness. Filing the motion creates a rebuttable presumption that a deposition
should be taken to prevent injustice. The court may deny the motion for deposition
upon a finding that granting the motion will not prevent injustice. The prosecution
may file a new request for a deposition if circumstances change prior to trial.

(III) Both the prosecution and the defendant shall provide all available
discovery no later than five days before the scheduled deposition. If the discovery
has not been provided as set forth in this subparagraph (III), either party may file a
motion with the court to reschedule the deposition in order to obtain the necessary
discovery to adequately prepare for the deposition.

(b) The deposition must be taken, preserved on a video imaging format, and
conducted pursuant to rule 15 (d) of the Colorado rules of criminal procedure;
except that after consultation with the chief judge of the judicial district, the trial
court may appoint an active or senior district or county court judge to serve in its
place and preside over all aspects of the taking of the deposition. After the
deposition is taken, the prosecution shall transmit the recording to the clerk of the
court in which the action is pending.

(4) If at the time of trial the court finds that the victim or witness is medically
unavailable or otherwise unavailable within the meaning of rule 804 (a) of the
Colorado rules of evidence, the court may admit the recording of the victim's or
witness' deposition as former testimony under rule 804 (b)(1) of the Colorado rules
of evidence.

Legislative History

Source: L. 2000: Entire section added, p. 416, � 1, effective April 13. L. 2004: (3) amended, p. 422, � 1, effective August 4. L. 2013: (1) amended, (SB 13-111), ch. 233, p. 1127, � 12, effective May 16. L. 2016: Entire section amended, (HB 16-1027), ch. 179, p. 615, � 1, effective July 1.