(1) Except for records of
official actions which must be maintained and released pursuant to this part 3, all
criminal justice records, at the discretion of the official custodian, may be open for
inspection by any person at reasonable times, except as otherwise provided by law,
and the official custodian of any such records may make such rules and regulations
with reference to the inspection of such records as are reasonably necessary for
the protection of such records and the prevention of unnecessary interference with
the regular discharge of the duties of the custodian or his office.
(2) If the requested criminal justice records are not in the custody or control
of the person to whom application is made, such person shall forthwith notify the
applicant of this fact in writing, if requested by the applicant. In such notification,
he shall state, in detail to the best of his knowledge and belief, the reason for the
absence of the records from his custody or control, their location, and what person
then has custody or control of the records.
(3) If the requested records are not in the custody and control of the criminal
justice agency to which the request is directed but are in the custody and control of
a central repository for criminal justice records pursuant to law, the criminal justice
agency to which the request is directed shall forward the request to the central
repository. If such a request is to be forwarded to the central repository, the
criminal justice agency receiving the request shall do so forthwith and shall so
advise the applicant forthwith. The central repository shall forthwith reply directly
to the applicant.
(4) (a) Except as otherwise provided in this section, the name and any other
information that would identify any victim of sexual assault or of alleged sexual
assault or attempted sexual assault or alleged attempted sexual assault shall be
deleted from any criminal justice record prior to the release of such record to any
individual or agency other than a criminal justice agency or the named victim or
victim's designee or victim's lawful representative as defined in 24-4.1-302 when
such record bears the notation SEXUAL ASSAULT prescribed by this subsection
(4).
(b) (I) A criminal justice agency or custodian of criminal justice records shall
make the notation SEXUAL ASSAULT on any record of official action and on the
file containing such record when the official action is related to the commission or
the alleged commission of any of the following offenses:
(A) Sexual assault under section 18-3-402, C.R.S., or sexual assault in the
first degree under section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(B) Sexual assault in the second degree under section 18-3-403, C.R.S., as it
existed prior to July 1, 2000;
(C) Unlawful sexual contact under section 18-3-404, C.R.S., or sexual assault
in the third degree under section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(D) Sexual assault on a child under section 18-3-405, C.R.S.;
(E) Sexual assault on a child by one in a position of trust under section 18-3-405.3, C.R.S.;
(F) Sexual assault on a client by a psychotherapist under section 18-3-405.5,
C.R.S.;
(G) Incest under section 18-6-301, C.R.S.;
(H) Aggravated incest under section 18-6-302, C.R.S.; or
(I) An attempt to commit any of the offenses listed in sub-subparagraphs (A)
to (H) of this subparagraph (I).
(II) The notation required pursuant to subparagraph (I) of this paragraph (b)
shall be made when:
(A) Any record or file or both of official action is prepared relating to the
commission or alleged commission of an offense enumerated in subparagraph (I) of
this paragraph (b); or
(B) The name of any victim of the commission or alleged commission of any
offense enumerated in subparagraph (I) of this paragraph (b) for which official
action was taken appears on the criminal information or indictment.
(c) A criminal justice agency or custodian of criminal justice records shall
make the notation SEXUAL ASSAULT on any record of official action and on the
file containing such record when:
(I) Any employee of the court, officer of the court, or judicial officer notifies
such agency or custodian of the name of any victim of the commission or alleged
commission of any offense enumerated in subparagraph (I) of paragraph (b) of this
subsection (4) when such victim's name is disclosed to or obtained by such
employee or officer during the course of proceedings related to such official action;
or
(II) Such record or file contains the name of a victim of the commission or
alleged commission of any such offense and the victim requests the custodian of
criminal justice records to make such a notation.
(d) The provisions of this subsection (4) shall not apply to the sharing of
information by a state institution of higher education police department to
authorized university administrators pursuant to section 23-5-141, C.R.S.
(4.5) (a) (I) Except as otherwise provided in this section, the name and any
other information that would identify any child victim or any child witness of
offenses, alleged offenses, attempted offenses, or allegedly attempted offenses
shall be deleted from any criminal justice record prior to the release of the record
to any individual or agency other than a criminal justice agency, the office of the
state public defender, the office of the alternate defense counsel, the office of
respondent parents' counsel, the office of the child's representative, municipal
attorneys, county attorneys, the named child victim or child victim's designee or
victim's lawful representative as defined in 24-4.1-302, the named child witness or
child witness's designee, or except when shared pursuant to subsection (4.5)(d) of
this section. This subsection (4.5)(a) does not apply to criminal justice records that
solely involve traffic offenses.
(II) Repealed.
(a.5) Good cause exception. Disclosure of the name and identifying
information of a child victim or child witness is permitted only when authorized by a
district court for good cause after notice is provided to the child victim, child
witness, child victim's legal guardian, or child witness's legal guardian and a
hearing is conducted. Any person may petition a district court for the disclosure of
the name and identifying information of a child witness or child victim. For purposes
of this subsection (4.5)(a.5), good cause means a finding that the person seeking
disclosure has established that the public interest in accessing the name and
identifying information of a child victim or child witness substantially outweighs the
harm to the privacy interest of the child victim, child witness, child victim's legal
guardian, or child witness's legal guardian.
(b) Repealed.
(c) A criminal justice agency or custodian of criminal justice records shall
make the notation CHILD VICTIM or CHILD WITNESS on any record of official
action and on the file containing the record when the official action involves a child
victim or child witness when:
(I) Any employee of the court, officer of the court, or judicial officer notifies
the agency or custodian of the name of a child victim or child witness when the
name is disclosed to or obtained by the employee or officer during the course of
proceedings related to the official action; or
(II) The record or file contains the name of a child victim or child witness and
the child victim, the child witness, or the child's legal guardian requests that the
custodian of the criminal justice record make such a notation.
(d) This subsection (4.5) does not apply to the sharing of information
between:
(I) Criminal justice agencies, school districts, state institution of higher
education police departments and authorized university administrators pursuant to
section 23-5-141, assessment centers for children as defined in section 19-1-103, or
social services agencies as authorized by section 22-32-109.1 (3);
(II) Public schools and school districts for the purposes of suspension,
expulsion, and reenrollment determinations pursuant to sections 22-33-105 (5)(a),
22-33-106 (1.2) and (4)(a), and 19-1-303, C.R.S.; and
(III) The office of the child protection ombudsman, the office of the child's
representative, the office of the respondent parents' counsel, child fatality review
teams as defined in sections 25-20.5-404, 25-20.5-406, and 26-1-139, C.R.S., and
state or county departments of human or social services in the exercise of their
duties.
(e) Short title. The short title of this subsection (4.5) is Riley's Law.
(f) The provisions of subsections (4.5)(a) and (4.5)(c) of this section, as
amended by Senate Bill 23-075, enacted in 2023, and the provisions of subsection
(4.5)(a.5) of this section, as added by Senate Bill 23-075, enacted in 2023, apply to
records pertaining to offenses committed on or after January 1, 2024. For records
pertaining to offenses committed prior to January 1, 2024, this subsection (4.5) as it
existed prior to January 1, 2024, applies.
(5) Nothing in this section shall be construed to limit the discretion of the
district attorney to authorize a crime victim, as defined in section 24-4.1-302 (5), or
a member of the victim's immediate family, as defined in section 24-4.1-302 (6), to
view all or a portion of the presentence report of the probation department.