CO SB088

Adds Colorado Revised Statute 13-25-139 creating a "forfeiture by wrongdoing" exception to hearsay rules in criminal cases.

Allows statements otherwise inadmissible under Colorado Rules of Evidence to be admitted against a defendant who wrongfully caused a witness's unavailability, provided the wrongdoing was intended to and did deprive the criminal justice system of evidence.

Requires the proponent of such evidence to provide advance written notice to the adverse party sufficient to allow a fair opportunity to contest admissibility.

Requires courts to determine admissibility prior to trial by a preponderance of the evidence standard.

Declares the act necessary for immediate preservation of public peace, health, or safety.