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Evidentiary Rules When Interference With Witness

Concerning evidentiary rules when a defendant interferes with a witness.
2020 Regular Session
Courts & Judicial
Crimes, Corrections, & Enforcement
Bill Summary

Pursuant to an opinion of the Colorado supreme court, if a party to a criminal case wrongfully procures the unavailability of a witness, that witness's hearsay evidence may be inadmissible. The act provides that such evidence may be admissible as an exception to the hearsay rule if:

  • The proponent of the evidence has given reasonable notice of the party's intent to introduce the evidence; and
  • The court determines by a preponderance of the evidence that the party intended to and did procure the unavailability of the witness.
    (Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details