HB 16-1027: Video Depositions for At-Risk Persons in Criminal Cases

• Expands the statute on video depositions in criminal cases to include cases involving at-risk elders in addition to at-risk adults as victims or witnesses.

• Requires prosecution to file a motion requesting a recorded deposition at least fourteen days prior to the deposition, with exceptions for good cause shown.

• For at-risk elder victims, the court must schedule the deposition within fourteen days of receiving the motion without requiring additional findings, except for good cause.

• For at-risk adult victims or witnesses, filing a motion creates a rebuttable presumption that a deposition should be taken to prevent injustice; the court may deny the motion only if granting it will not prevent injustice.

• Requires both prosecution and defense to provide all available discovery no later than five days before the scheduled deposition, and allows either party to file a motion to reschedule if discovery is not provided.

• Takes effect July 1, 2016, and applies to all cases pending on or after that date.