(1) Except for records of official actions which must be maintained and released pursuant to this part 3, all criminal justice records, at the discretion of the official custodian, may be open for inspection by any person at reasonable times, except as otherwise provided by law, and the official custodian of any such records may make such rules and regulations with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office. (2) If the requested criminal justice records are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing, if requested by the applicant. In such notification, he shall state, in detail to the best of his knowledge and belief, the reason for the absence of the records from his custody or control, their location, and what person then has custody or control of the records. (3) If the requested records are not in the custody and control of the criminal justice agency to which the request is directed but are in the custody and control of a central repository for criminal justice records pursuant to law, the criminal justice agency to which the request is directed shall forward the request to the central repository. If such a request is to be forwarded to the central repository, the criminal justice agency receiving the request shall do so forthwith and shall so advise the applicant forthwith. The central repository shall forthwith reply directly to the applicant. (4) (a) Except as otherwise provided in this section, the name and any other information that would identify any victim of sexual assault or of alleged sexual assault or attempted sexual assault or alleged attempted sexual assault shall be deleted from any criminal justice record prior to the release of such record to any individual or agency other than a criminal justice agency or the named victim or victim's designee or victim's lawful representative as defined in 24-4.1-302 when such record bears the notation "SEXUAL ASSAULT" prescribed by this subsection (4). (b) (I) A criminal justice agency or custodian of criminal justice records shall make the notation "SEXUAL ASSAULT" on any record of official action and on the file containing such record when the official action is related to the commission or the alleged commission of any of the following offenses: (A) Sexual assault under section 18-3-402, C.R.S., or sexual assault in the first degree under section 18-3-402, C.R.S., as it existed prior to July 1, 2000; (B) Sexual assault in the second degree under section 18-3-403, C.R.S., as it existed prior to July 1, 2000; (C) Unlawful sexual contact under section 18-3-404, C.R.S., or sexual assault in the third degree under section 18-3-404, C.R.S., as it existed prior to July 1, 2000; (D) Sexual assault on a child under section 18-3-405, C.R.S.; (E) Sexual assault on a child by one in a position of trust under section 18-3-405.3, C.R.S.; (F) Sexual assault on a client by a psychotherapist under section 18-3-405.5, C.R.S.; (G) Incest under section 18-6-301, C.R.S.; (H) Aggravated incest under section 18-6-302, C.R.S.; or (I) An attempt to commit any of the offenses listed in sub-subparagraphs (A) to (H) of this subparagraph (I). (II) The notation required pursuant to subparagraph (I) of this paragraph (b) shall be made when: (A) Any record or file or both of official action is prepared relating to the commission or alleged commission of an offense enumerated in subparagraph (I) of this paragraph (b); or (B) The name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of this paragraph (b) for which official action was taken appears on the criminal information or indictment. (c) A criminal justice agency or custodian of criminal justice records shall make the notation "SEXUAL ASSAULT" on any record of official action and on the file containing such record when: (I) Any employee of the court, officer of the court, or judicial officer notifies such agency or custodian of the name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of paragraph (b) of this subsection (4) when such victim's name is disclosed to or obtained by such employee or officer during the course of proceedings related to such official action; or (II) Such record or file contains the name of a victim of the commission or alleged commission of any such offense and the victim requests the custodian of criminal justice records to make such a notation. (d) The provisions of this subsection (4) shall not apply to the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141, C.R.S. (4.5) (a) (I) Except as otherwise provided in this section, the name and any other information that would identify any child victim or any child witness of offenses, alleged offenses, attempted offenses, or allegedly attempted offenses shall be deleted from any criminal justice record prior to the release of the record to any individual or agency other than a criminal justice agency, the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, county attorneys, the named child victim or child victim's designee or victim's lawful representative as defined in 24-4.1-302, the named child witness or child witness's designee, or except when shared pursuant to subsection (4.5)(d) of this section. This subsection (4.5)(a) does not apply to criminal justice records that solely involve traffic offenses. (II) (A) The process for releasing records to the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, and county attorneys pursuant to this subsection (4.5)(a) shall be implemented no later than July 1, 2024. (B) This subsection (4.5)(a)(II) is repealed effective July 1, 2025. (a.5) Good cause exception. Disclosure of the name and identifying information of a child victim or child witness is permitted only when authorized by a district court for good cause after notice is provided to the child victim, child witness, child victim's legal guardian, or child witness's legal guardian and a hearing is conducted. Any person may petition a district court for the disclosure of the name and identifying information of a child witness or child victim. For purposes of this subsection (4.5)(a.5), "good cause" means a finding that the person seeking disclosure has established that the public interest in accessing the name and identifying information of a child victim or child witness substantially outweighs the harm to the privacy interest of the child victim, child witness, child victim's legal guardian, or child witness's legal guardian. (b) Repealed. (c) A criminal justice agency or custodian of criminal justice records shall make the notation "CHILD VICTIM" or "CHILD WITNESS" on any record of official action and on the file containing the record when the official action involves a child victim or child witness when: (I) Any employee of the court, officer of the court, or judicial officer notifies the agency or custodian of the name of a child victim or child witness when the name is disclosed to or obtained by the employee or officer during the course of proceedings related to the official action; or (II) The record or file contains the name of a child victim or child witness and the child victim, the child witness, or the child's legal guardian requests that the custodian of the criminal justice record make such a notation. (d) This subsection (4.5) does not apply to the sharing of information between: (I) Criminal justice agencies, school districts, state institution of higher education police departments and authorized university administrators pursuant to section 23-5-141, assessment centers for children as defined in section 19-1-103, or social services agencies as authorized by section 22-32-109.1 (3); (II) Public schools and school districts for the purposes of suspension, expulsion, and reenrollment determinations pursuant to sections 22-33-105 (5)(a), 22-33-106 (1.2) and (4)(a), and 19-1-303, C.R.S.; and (III) The office of the child protection ombudsman, the office of the child's representative, the office of the respondent parents' counsel, child fatality review teams as defined in sections 25-20.5-404, 25-20.5-406, and 26-1-139, C.R.S., and state or county departments of human or social services in the exercise of their duties. (e) Short title. The short title of this subsection (4.5) is "Riley's Law". (f) The provisions of subsections (4.5)(a) and (4.5)(c) of this section, as amended by Senate Bill 23-075, enacted in 2023, and the provisions of subsection (4.5)(a.5) of this section, as added by Senate Bill 23-075, enacted in 2023, apply to records pertaining to offenses committed on or after January 1, 2024. For records pertaining to offenses committed prior to January 1, 2024, this subsection (4.5) as it existed prior to January 1, 2024, applies. (5) Nothing in this section shall be construed to limit the discretion of the district attorney to authorize a crime victim, as defined in section 24-4.1-302 (5), or a member of the victim's immediate family, as defined in section 24-4.1-302 (6), to view all or a portion of the presentence report of the probation department.
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