SB13-117 Summary

• Requires preliminary hearings in criminal proceedings to be open to the public unless a party requests closure and the court finds closure necessary to advance a compelling governmental interest that is narrowly tailored and effective, with no adequate alternatives available.

• Removes criminal courts and judicial districts from the definition of "criminal justice agencies" under the Colorado Criminal Justice Records Act to clarify that court records are governed by strict constitutional standards rather than the more deferential "contrary to the public interest" standard.

• Establishes that judicial records in criminal cases shall be accessible from court clerks based on constitutional standards, while "records of official action" remain available through the Criminal Justice Records Act from law enforcement and other criminal justice agencies.

• Effective date is August 7, 2013, subject to possible referendum petition and approval by voters at the November 2014 general election.