1. (1)

   1. (a) A defendant has a right to discovery, including post-conviction discovery, related to the wrongful action:

      1. (I) Upon receipt of a notice of reported wrongful action described in section 16-12-306; or
      2. (II) If a court orders discovery after the defendant files a pleading that names a crime laboratory employee who worked on the defendant's case who is the subject of an investigation of wrongful action.
   2. (b) A defendant may request discovery by making a written request to the district attorney or filing a motion with the court.
   3. (c) Upon receiving a valid discovery request or a court order to provide discovery, the district attorney shall provide discovery to the defendant pursuant to this section as soon as practicable and on an ongoing basis through the conclusion of post-conviction proceedings. The district attorney shall request, pursuant to section 16-12-305 (5)(b)(II), discoverable material from a crime laboratory that may be in the possession of the crime laboratory but has not been provided to the district attorney.

2. (2) When discovery is required pursuant to subsection (1) of this section, and upon receiving a discovery request from a defendant, the district attorney shall provide the defendant copies of the following:

   1. (a) All material that was previously discovered in the case that is not already in the defendant's present counsel's possession;
   2. (b) All statements, transcripts, and reports about the wrongful action or investigation of the wrongful action, including, but not limited to, statements, transcripts, and reports from the crime laboratory, including an unredacted copy of the final report, law enforcement agencies or officers, and third parties contracted to investigate the wrongful action;
   3. (c) All statements, transcripts, reports, or litigation packets about the handling, testing, retesting, examination, or results related to the physical evidence in the defendant's case;
   4. (d) All communications, reports, or information that relates to accreditation, certification, or licensure related to, or that may be affected by, the wrongful action, which includes accreditation, certification, or licensure of the crime laboratory or the crime laboratory employee alleged to have committed the wrongful action;
   5. (e) Crime laboratory policies and procedures that were applicable during the time of the alleged wrongful action that governed the handling, testing, or examination of the evidence handled, tested, or examined by the crime laboratory for which the crime laboratory employee alleged to have committed the wrongful action worked;
   6. (f) Any information that tends to impeach the credibility or reliability of the handling, testing, or examination of the physical evidence in the case;
   7. (g) All materials or information related to the case that tends to negate the guilt of the accused or would reduce the punishment of the accused; and
   8. (h) Any other material regarding the wrongful action that is requested by the defendant that may be relevant to demonstrating the wrongful action or materiality of the wrongful action in the defendant's case.
3. (3) Any party may file a motion for a court order to assist in obtaining discovery pursuant to this section. When material is reasonably believed to exist and is required to be provided pursuant to this section, but has not been provided in response to proper requests, a subpoena may be issued for such material.
4. (4) Nothing in this section prevents or limits a court from ordering additional discovery pursuant to a law or court rule that authorizes a court to order discovery.

5. (5)

   1. (a) Unless it is in conflict with a specific provision of this section, rule 16 of the Colorado rules of criminal procedure applies to any post-conviction proceedings under this section.

   2. (b) In post-conviction proceedings under this section, a prosecuting attorney shall perform their obligations:

      1. (I) Pursuant to subsections (2)(a), (2)(b), (2)(c), and (2)(d) of this section as soon as practicable, but not later than forty-five days after the prosecuting attorney receives a valid discovery request or court order pursuant to subsection (1)(c) of this section; and
      2. (II) Pursuant to subsections (2)(e), (2)(f), (2)(g), and (2)(h) of this section as soon as practicable, but not later than thirty-five days before the evidentiary hearing regarding the post-conviction proceeding.

6. (6)

   1. (a) With regard to all matters of discovery under this section, the court may issue a protective order upon a showing of cause by a party or a third party who has standing, including the crime laboratory analyst accused of wrongful action, so long as all material to which a party is entitled must be disclosed in time for the party to make beneficial use thereof.

   2. (b) Pursuant to subsection (6)(a) of this section, the court may enter a protective order at any time that:

      1. (I) Requires specific disclosures to be restricted or deferred;
      2. (II) Assists in ensuring materials furnished in discovery are only provided to a person to prepare a claim for post-conviction relief or to prepare for trial of a case;
      3. (III) Protects the privacy rights of any person; or
      4. (IV) The court deems necessary.
   3. (c) When determining whether to issue a protective order involving information disclosed pursuant to this section about allegations of wrongful action by a crime laboratory employee that are still under investigation or that were not sustained by the crime laboratory, the court shall give weight to protecting the crime laboratory employee's privacy.

7. (7)

   1. (a) If a defendant alleges a claim of ineffective assistance of counsel as part of a claim brought pursuant to this section, the provisions of section 18-1-417 regarding waiver of confidentiality apply.
   2. (b) The counsel of record shall disclose any materials from a prior counsel file that must be disclosed pursuant to section 18-1-417 as soon as practicable upon a request from the prosecution and no later than thirty-five days from the request of the prosecution. The custodian may file a motion with the court and the court may grant an extension to make the disclosure upon a showing of good cause.
   3. (c) After making a request pursuant to section 18-1-417 upon a showing of a good faith belief that material exists within the scope of a claim of ineffective assistance of counsel that has not been produced, the prosecution may file a motion with the court seeking in camera review of material subject to a good faith dispute. The prosecution shall serve any such request upon the custodian of the records.

8. (8) Subject to constitutional limitations, the court shall set a deadline at least thirty-five days prior to the evidentiary hearing for the parties to:

   1. (a) Exchange the name and address of each witness a party may call at the hearing and to designate witnesses who are likely to be called; and
   2. (b) Designate a witness as an expert and designate the area in which the party will seek to qualify the expert. Subject to constitutional limitations, the court shall order the parties to provide a report from the designated expert or summary of the expert's testimony that allows the opposing party to prepare to respond to the expert's testimony.

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1899, § 1, effective June 2.