VIDEO DEPICTING NUDITY; A SEXUAL ASSAULT; A MEDICAL EMERGENCY;
PRIVATE MEDICAL INFORMATION; A MENTAL HEALTH CRISIS; A VICTIM
INTERVIEW; A MINOR, INCLUDING ANY IMAGES OR INFORMATION THAT MIGHT
UNDERMINE THE REQUIREMENT TO KEEP CERTAIN JUVENILE RECORDS
CONFIDENTIAL; ANY PERSONAL INFORMATION OTHER THAN THE NAME OF
ANY PERSON NOT ARRESTED, CITED, CHARGED, OR ISSUED A WRITTEN
WARNING, INCLUDING A GOVERNMENT-ISSUED IDENTIFICATION NUMBER,
DATE OF BIRTH, ADDRESS, OR FINANCIAL INFORMATION; SIGNIFICANTLY
EXPLICIT AND GRUESOME BODILY INJURY, UNLESS THE INJURY WAS CAUSED
BY A PEACE OFFICER; OR THE INTERIOR OF A HOME OR TREATMENT FACILITY,
SHALL BE REDACTED OR BLURRED TO PROTECT THE SUBSTANTIAL PRIVACY
INTEREST WHILE STILL ALLOWING PUBLIC RELEASE. UNREDACTED FOOTAGE
SHALL NOT BE RELEASED WITHOUT THE WRITTEN AUTHORIZATION OF THE
VICTIM OR, IF THE VICTIM IS DECEASED OR INCAPACITATED, THE WRITTEN
AUTHORIZATION OF THE VICTIM'S NEXT OF KIN. A PERSON SEVENTEEN YEARS
OF AGE AND UNDER IS CONSIDERED INCAPACITATED, UNLESS LEGALLY
EMANCIPATED.
(B)
IF REDACTION OR BLURRING IS INSUFFICIENT TO PROTECT THE
SUBSTANTIAL PRIVACY INTEREST, THE LOCAL LAW ENFORCEMENT AGENCY
OR THE COLORADO STATE PATROL SHALL, UPON REQUEST, RELEASE THE
VIDEO TO THE VICTIM OR, IF THE VICTIM IS DECEASED OR INCAPACITATED, TO
THE VICTIM'S SPOUSE, PARENT, LEGAL GUARDIAN, CHILD, SIBLING,
GRANDPARENT, GRANDCHILD, SIGNIFICANT OTHER, OR OTHER LAWFUL
REPRESENTATIVE WITHIN TWENTY DAYS AFTER RECEIPT OF THE COMPLAINT
OF MISCONDUCT. IN CASES IN WHICH THE RECORDING IS NOT RELEASED TO
THE PUBLIC PURSUANT TO THIS SUBSECTION (2)(b)(II)(B), THE LOCAL LAW
ENFORCEMENT AGENCY SHALL NOTIFY THE PERSON WHOSE PRIVACY
INTEREST IS IMPLICATED, IF CONTACT INFORMATION IS KNOWN, WITHIN
TWENTY DAYS AFTER RECEIPT OF THE COMPLAINT OF MISCONDUCT, AND
INFORM THE PERSON OF HIS OR HER RIGHT TO WAIVE THE PRIVACY INTEREST.
(C)
A WITNESS, VICTIM, OR CRIMINAL DEFENDANT MAY WAIVE IN
WRITING THE INDIVIDUAL PRIVACY INTEREST THAT MAY BE IMPLICATED BY
PUBLIC RELEASE. UPON RECEIPT OF A WRITTEN WAIVER OF THE APPLICABLE
PRIVACY INTEREST, ACCOMPANIED BY A REQUEST FOR RELEASE, THE LAW
ENFORCEMENT AGENCY MAY NOT REDACT OR WITHHOLD RELEASE TO
PROTECT THAT PRIVACY INTEREST. THE HEARING SHALL BE CONSIDERED A
CRITICAL STAGE PURSUANT TO SECTION 24-4.1-302 AND GIVES VICTIMS THE
RIGHT TO BE HEARD PURSUANT TO 24-4.1-302.5.
PAGE 6-SENATE BILL 20-217