§ 19-3-207 — Inadmissibility of certain evidence

(1) Upon the request of the
county attorney, special county attorney, or the city attorney of a city and county,
the court shall set a hearing to determine the admissibility in a subsequent criminal
proceeding arising from the same episode of information derived directly from
testimony obtained pursuant to compulsory process in a proceeding under this
article. The district attorney of the judicial district in which the matter is being
heard shall be given five days' written notice of the hearing by the clerk of the
court. Such hearing shall be held in camera, and the district attorney shall have the
right to appear at the hearing and to object to the entry of the order holding such
information inadmissible. The court shall not enter such an order if the district
attorney presents prima facie evidence that the inadmissibility of such information
would substantially impair his or her ability to prosecute the criminal case. The
provisions of this subsection (1) shall not be construed to prevent any law
enforcement officer from independently producing or obtaining the same or similar
facts, information, or evidence for use in any criminal prosecution.

(2) No professional shall be examined in any criminal case without the
consent of the respondent as to statements made pursuant to compliance with
court treatment orders, including protective orders, entered under this article;
except that such privilege shall not apply to any discussion of any future
misconduct or of any other past misconduct unrelated to the allegations involved in
the treatment plan. The admissibility of testimony as set forth in this subsection (2)
shall not be subject to the hearing and notice provisions of subsection (1) of this
section.

(2.5) Notwithstanding any other provision of law to the contrary, a juvenile's
statements to a professional made in the course of treatment ordered by the court
pursuant to this article shall not, without the juvenile's consent, be admitted into
evidence in any criminal or juvenile delinquency case brought against the juvenile;
except that the privilege shall not apply to statements regarding future
misconduct.

(3) No admission made by a respondent in open court or by written pleading
filed with the court to a petition in dependency or neglect may be used against him
or her in any criminal prosecution, except for purposes of impeachment or rebuttal.

Legislative History

Source: L. 87: Entire title R&RE, p. 762, � 1, effective October 1. L. 90: (2) amended, p. 1037, � 4, effective April 3. L. 97: Entire section amended, p. 518, � 5, effective July 1. L. 2004: (2.5) added, p. 274, � 1, effective April 5.