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HB 25-1114

Defense Review of Tangible Object for Criminal Trial

2025 Regular Session Introduced by Judy Amabile and 13 co-sponsors

Defense counsel gains a statutory right to view and inspect tangible law-enforcement evidence before trial, with safeguards for custody, confidentiality, and scope.

Governor Signed
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Bill Summary · HB 25-1114

HB 25-1114 — Defense Review of Tangible Object for Criminal Trial (Governor Signed)

Purpose / Intent

HB 25-1114 creates a statutory right for criminal defense counsel to view and inspect tangible physical evidence held by law enforcement in preparation for trial, while protecting evidentiary integrity and certain confidentiality and discovery interests.

Key provisions

  • Right to inspect: Defense counsel has the right to view and inspect any tangible object held by law enforcement in connection with a case at a location designated and operated by (or under contract with) the custodial law enforcement agency.
  • Timing: Inspection must be allowed “as soon as practicable,” and in all events no later than 35 days before trial.
  • Custodial presence and chain of custody: A law enforcement representative must be present during the inspection to document chain of custody and protect evidence integrity.
  • Confidentiality and work product: Defense must have opportunity for confidential conversations and to create confidential work product while inspecting evidence.
  • Recording rules:
    • Agencies may record evidence viewings only for chain-of-custody, integrity, or safety purposes.
    • If a recording is made, law enforcement must notify the prosecuting authority, which must provide notice to the defense in discovery.
    • Recordings are not to be placed in discovery or reviewed by parties or law enforcement except (a) by court order when a good-faith integrity issue is raised, (b) by law enforcement for organizing/cataloguing/storage (not to review trial strategy), or (c) as otherwise authorized by court order.
    • Courts may enter protective orders governing any released recordings to protect conversations/work product.
  • Body-worn/dash cameras: Peace officers are prohibited from activating body-worn or dash cameras to capture, view, or record a defense inspection (statutory amendment to 24-31-902).
  • Court authority preserved: Upon request by either party, and subject to constitutional limits, courts may issue orders tailored to circumstances. The bill does not limit defense testing requests or court hearings on such requests.
  • Exclusion: The statute does not apply to inspection of sexually exploitative material (see §16-9-601).

Who is affected

  • Defense attorneys and defense teams (new explicit statutory right to inspect physical evidence).
  • Prosecutors and prosecuting authorities (notice and discovery obligations concerning recordings).
  • State and local law enforcement agencies (operational duties to allow and supervise inspections; recording, notice, and camera restrictions).
  • Judicial branch (possible additional hearings or orders).
  • Indirectly, litigants and trial participants affected by case preparation processes.

Fiscal and operational impact

  • Final Legislative Council fiscal note (enacted version) reports minimal ongoing workload impacts to state agencies and courts; no appropriation required and no projected change to state revenue or expenditures.
  • Local law enforcement may incur variable operational or procedural costs to accommodate inspections; the exact local impact will vary by jurisdiction.
  • Department of Public Safety provided alternative departmental cost estimates during the process but the enacted bill required no statewide appropriation per the final fiscal note.

Procedural / timeline

  • Introduced: Jan 27, 2025 (House)
  • Key actions: Passed House and Senate (Feb–Mar 2025); concurrence on amendments March 10, 2025
  • Sent to Governor: March 20, 2025
  • Governor signed: March 26, 2025
  • Effective date: July 1, 2025
  • Statutory placement: Adds Part 8 to Article 9 of Title 16 (§16-9-801) and amends §24-31-902 re: incident recordings.

Practical considerations

  • Agencies will need procedures for scheduling/hosting supervised inspections, documenting chain of custody, providing mandated notices if recordings exist, and ensuring body-worn/dash cameras remain inactive during inspections.
  • Courts retain discretion to resolve disputes and to limit access to recordings when necessary to protect work product or other rights.

Compiled from official sources — confirm details with the bill’s official record.

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