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Colorado

 24-72-201.  Legislative declaration

  It is declared to be the public policy of this state that all
public records  shall be open for inspection by any person at
reasonable times, except as provided in this part 2 or as otherwise
specifically provided by law.

24-72-202.  Definitions

  As used in this part 2, unless the context otherwise requires:

(1) "Custodian" means and includes the official custodian or any
authorized person having personal custody and control of the public
records in question.

(1.5) "Institution" includes but is not limited to every state
institution of higher education, whether established by the state
constitution or by law, and every governing board thereof. In
particular, the term includes the university of Colorado, the
regents thereof, and any other state institution of higher
education or governing board referred to by the provisions of
section 5 of article VIII of the state constitution.

(2) "Official custodian" means and includes any officer or employee
of the state or any agency, institution, or political subdivision
thereof who is responsible for the maintenance, care, and keeping
of public records, regardless of whether such records are in his
actual personal custody and control.

(3) "Person" means and includes any natural person, corporation,
limited liability company, partnership, firm, or association.

(4) "Person in interest" means and includes the person who is the
subject of  a record or any representative designated by said
person; except that, if the subject of the record is under legal
disability, "person in interest" means and  includes his parent or
duly appointed legal representative.

(4.5) "Personnel files" means and includes home addresses,
telephone numbers, financial information, and other information
maintained because of the employer-employee relationship, and other
documents specifically exempt from disclosure under this part 2 or
any other provision of law. "Personnel files"  does not include
applications of past or current employees, employment agreements,
any amount paid or benefit provided incident to termination of
employment, performance ratings, or any compensation, including
expense allowances and benefits, paid to employees by the state,
its agencies, institutions, or political subdivisions.

(5) "Political subdivision" means and includes every county, city
and county, city, town, school district, special district, and
housing authority within this state.

(6) "Public records" means and includes all writings made,
maintained, or kept by the state or any agency, institution, or
political subdivision thereof for use in the exercise of functions
required or authorized by law or administrative rule or involving
the receipt or expenditure of public funds.  It does not include
criminal justice records which are subject to the
provisions of part 3 of this article.

(7) "Writings" means and includes all books, papers, maps,
photographs, cards, tapes, recordings, or other documentary
materials, regardless of physical form or characteristics but does
not include computer software.

24-72-203.  Public records open to inspection

  (1) All public records shall be open for inspection by any person
at reasonable times, except as provided in this part 2 or as
otherwise provided by  law, but the official custodian of any
public 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 public records requested 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 public records requested are in the custody and control
of the person to whom application is made but are in active use or
in storage and therefore not available at the time an applicant
asks to examine them, the custodian shall forthwith notify the
applicant of this fact, in writing if requested by the applicant.
If requested by the applicant, the custodian shall set a date and
hour within three working days at which time the records will be
available for inspection.

(4) Nothing in this article shall preclude the state or any of its
agencies,  institutions, or political subdivisions from obtaining
and enforcing trademark or copyright protection for any public
record, and the state and its agencies, institutions, and political
subdivisions are hereby specifically authorized to obtain and
enforce such protection in accordance with the applicable federal
law; except that this authorization shall not restrict public
access to or fair use of copyrighted materials and shall not apply
to writings which are merely lists or other compilations.


24-72-204.  Allowance or denial of inspection - grounds - procedure
- appeal

  (1) The custodian of any public records shall allow any person
the right of inspection of such records or any portion thereof
except on one or more of the following grounds or as provided in
subsection (2) or (3) of this section:

(a) Such inspection would be contrary to any state statute.

(b) Such inspection would be contrary to any federal statute or
regulation issued thereunder having the force and effect of law.

(c) Such inspection is prohibited by rules promulgated by the
supreme court or by the order of any court.

(2) (a) The custodian may deny the right of inspection of the
following records, unless otherwise provided by law, on the ground
that disclosure to the  applicant would be contrary to the public
interest:

(I) Any records of the investigations conducted by any sheriff,
prosecuting attorney, or police department, any records of the
intelligence information or security procedures of any sheriff,
prosecuting attorney, or police department,  or any investigatory
files compiled for any other law enforcement purpose;

(II) Test questions, scoring keys, and other examination data
pertaining to administration of a licensing examination,
examination for employment, or academic examination; except that
written promotional examinations and the scores or results thereof
conducted pursuant to the state personnel system or any similar
system shall be available for inspection, but not copying or
reproduction, by the person in interest after the conducting and
grading of any  such examination;

  (III) The specific details of bona fide research projects being
conducted by  a state institution;

(IV) The contents of real estate appraisals made for the state or
a political subdivision thereof relative to the acquisition of
property or any interest in property for public use, until such
time as title to the property or property interest has passed to
the state or political subdivision; except that the contents of
such appraisal shall be available to the owner of the property, if
a condemning authority determines that it intends to acquire said
property as provided in section 38-1-121, C.R.S., relating to
eminent domain proceedings, but, in any case, the contents of such
appraisal shall be available to the owner under this section no
later than one year after the condemning authority receives said
appraisal; and except as provided by the Colorado rules of civil
procedure. If condemnation proceedings are instituted to acquire
any such property, any owner of such property who has received the
contents of any appraisal pursuant to this section shall, upon
receipt thereof, make available to said state or political
subdivision a copy of the contents of any appraisal which the owner
has obtained relative to the proposed acquisition of the property;
and


(V) Any market analysis data generated by the department of
transportation's  bid analysis and management system for the
confidential use of the department of transportation in awarding
contracts for construction or for the purchase of  goods or
services and any records, documents, and automated systems prepared
for the bid analysis and management system.

(b) If the right of inspection of any record falling within any of
the classifications listed in this subsection (2) is allowed to any
officer or employee of any newspaper, radio station, television
station, or other person or agency in the business of public
dissemination of news or current events, it shall be allowed to all
such news media.


(3) (a) The custodian shall deny the right of inspection of the
following records, unless otherwise provided by law; except that
any of the following records, other than letters of reference
concerning employment, licensing, or issuance of permits, shall be
available to the person in interest under this subsection (3):

(I) Medical, psychological, sociological, and scholastic
achievement data on  individual persons, exclusive of coroners'
autopsy reports and group scholastic  achievement data from which
the individual cannot be identified; but either the  custodian or
the person in interest may request a professionally qualified
person, who shall be furnished by the said custodian, to be present
to interpret the records;

(II) (A) Personnel files; but such files shall be available to the
person in  interest and to the duly elected and appointed public
officials who supervise such person's work;

(B) The provisions of this subparagraph (II) shall not be
interpreted to prevent the public inspection or copying of any
employment contract or any information regarding amounts paid or
benefits provided under any settlement agreement pursuant to the
provisions of article 19 of this title.

(III) Letters of reference;


(IV) Trade secrets, privileged information, and confidential
commercial, financial, geological, or geophysical data furnished by
or obtained from any person;

(V) Library and museum material contributed by private persons, to
the extent of any limitations placed thereon as conditions of such
contributions;

(VI) Addresses and telephone numbers of students in any public
elementary or  secondary school;


(VII) Library records disclosing the identity of a user as
prohibited by section 24-90-119; and

(VIII) Data collected by and furnished to the Colorado health data
commission pursuant to article 28 of title 25, C.R.S.

(IX) Addresses, telephone numbers, and personal financial
information of past or present users of public utilities, public
facilities, or recreational or cultural services which are owned
and operated by the state, its agencies, institutions, or political
subdivisions; except that, nothing in this subparagraph (IX) shall
prohibit the custodian of records from transmitting such data to
any peace officer, as defined in section 18-1-901 (3) (l) (I), (3)
(l) (II), and (3) (l) (III), C.R.S., acting within the scope of
such officer's authority and in furtherance of such officer's
duties, who makes a request to the custodian to inspect such
records and who provides evidence satisfactory to  the custodian
that the inspection is reasonably related to such peace officer's
authority and duties. Nothing in this subparagraph (IX) shall be
construed to prohibit the publication of such information in an
aggregate or statistical form so classified as to prevent the
identification, location, or habits of individuals.


(b) Nothing in this subsection (3) shall prohibit the custodian of
records from transmitting data concerning the scholastic
achievement of any student to any prospective employer of such
student, nor shall anything in this subsection  (3) prohibit the
custodian of records from making available for inspection, from
making copies, print-outs, or photographs of, or from transmitting
data concerning the scholastic achievement or medical,
psychological, or sociological information of any student to any
law enforcement agency of this state, of any other state, or of the
United States where such student is under investigation by such
agency and the agency shows that such data is necessary for the
investigation.

(c) Nothing in this subsection (3) shall prohibit the custodian of
the records of a school, including any institution of higher
education, or a school  district from transmitting data concerning
standardized tests, scholastic achievement, or medical,
psychological, or sociological information of any student to the
custodian of such records in any other such school or school
district to which such student moves, transfers, or makes
application for transfer, and the written permission of such
student or his parent or guardian shall not be required therefor.
No state educational institution shall be prohibited from
transmitting data concerning standardized tests or scholastic
achievement of any student to the custodian of such records in the
school, including any state educational institution, or school
district in which such student was previously enrolled, and the
written permission of such student or
his parent or guardian shall not be required therefor.


(d) Notwithstanding the provisions of subparagraph (VI) of
paragraph (a) of this subsection (3), under policies adopted by the
local board of education, the names, addresses, and home telephone
numbers of students in any secondary school shall be released to a
recruiting officer for any branch of the United States armed forces
who requests such information, subject to the following:

(I) Each local board of education shall adopt one of the following
policies to govern the release of the names, addresses, and home
telephone numbers of secondary school students to military
recruiting officers:


(A) A policy that such information shall be released to recruiting
officers unless a student submits a request, in writing, that such
information not be released; or

(B) A policy that such information shall be released to recruiting
officers,  but only if a student notifies the local board of
education that such information may be released. Under this policy,
the local board shall inform secondary students of their obligation
to notify the board should they desire that such information be
released.


  (II) In the event that the local board of education fails to
adopt either of  the policies in subparagraph (I) of this paragraph
(d), the policy set forth in  sub-subparagraph (A) of subparagraph
(I) of this paragraph (d) shall be applicable.


(III) The local board of education shall comply with any applicable
provisions of the federal "Family Education Rights and Privacy Act
of 1974" (FERPA), 20 U.S.C. section 1232g, and the federal
regulations cited thereunder relating to the release of student
information by educational institutions that  receive federal
funds.

(IV) Actual expenses incurred in furnishing this information shall
be paid for by the requesting service.

(V) The recruiting officer shall use the data released for the
purpose of providing information to students regarding military
service and shall not use it for any other purpose or release such
data to any person or organization other than individuals within
the recruiting services of the armed forces.


(3.5) (a) Effective January 1, 1992, any individual who meets the
requirements of this subsection (3.5) may request that the address
of such individual included in any public records concerning that
individual which are
 required to be made, maintained, or kept pursuant to the following
sections be kept confidential:


(I) Sections 1-2-224 and 1-2-301, C.R.S.;

(II) Sections 42-1-210, 42-2-117, 42-2-118, and 42-3-111, C.R.S.;

(III) Section 24-6-202.

(b) (I) An individual may make the request of confidentiality
allowed by this subsection (3.5) if such individual has reason to
believe that such individual,  or any member of such individual's
immediate family who resides in the same household as such
individual, will be exposed to criminal harassment as prohibited in
section 18-9-111, C.R.S., or otherwise be in danger of bodily harm,
if such individual's address is not kept confidential in accordance
with this subsection (3.5).


(II) A request of confidentiality with respect to records described
in subparagraphs (I) and (II) of paragraph (a) of this subsection
(3.5) shall be made in person in the office of the county clerk and
recorder of the county where the individual making the request
resides. Requests shall be made on application forms approved by
the secretary of state and the executive director of the department
of revenue, after consultation with county clerk and  recorders.
The application form shall provide space for the applicant to
provide his or her name and address, date of birth, driver's
license number, if the applicant has a driver's license,
identification card number, if the applicant has
an identification card issued pursuant to part 4 of article 2 of
title 42, C.R.S., registration number or plate number, if the
applicant is the owner of record of a vehicle registered pursuant
to article 3 of title 42, C.R.S., and any other identifying
information determined by the executive director of the department
of revenue to be necessary to carry out the provisions of this
subsection (3.5). In addition, an affirmation shall be printed on
the form, in the area immediately above a line for the applicant's
signature and the date, stating the following: "I swear or affirm,
under penalty of perjury, that I have reason to believe that I, or
a member of my immediate family who resides in my household, will
be exposed to criminal harassment, or otherwise be in danger of
bodily harm, if my address is not kept confidential." Immediately
below the signature line, there shall be printed a notice, in a
type that is larger than the other information contained on the
form, that the applicant may be prosecuted for perjury in the
second degree under section 18-8-503, C.R.S., if the applicant
signs such affirmation and does not believe such affirmation to be
true.


(III) The county clerk and recorder of each county shall provide an
opportunity for any individual to make the request of
confidentiality allowed by this subsection (3.5) in person at the
time such individual makes application to the county clerk and
recorder to register to vote or to make any change in such
individual's registration, at the time such individual applies at
the office of  the county clerk and recorder for registration or
renewal of registration of a vehicle pursuant to article 3 of title
42, C.R.S., and at any other time during  normal business hours of
the office of the county clerk and recorder. The county clerk and
recorder shall forward a copy of each completed application to the
department of revenue and to the secretary of state for purposes of
the records  maintained by them pursuant to subparagraphs (I) and
(II) of paragraph (a) of this subsection (3.5). The county clerk
and recorder shall collect a processing  fee in the amount of five
dollars for each driver's license and vehicle included by the
application. If voter registration records are included in the
application, the processing fee shall include an additional five
dollars, of which amount two dollars and fifty cents shall be
transmitted to the secretary of state for the purpose of offsetting
the secretary of state's costs of processing applications forwarded
to the secretary of state pursuant to this subparagraph (III). All
processing fees received by the secretary of state pursuant to this
subparagraph (III) shall be transmitted to the state treasurer, who
shall credit the same to the department of state cash fund. All
processing fees collected by the county clerk and recorder for the
inclusion of driver's licenses in applications shall be transmitted
to the state treasurer, who shall credit the same to the highway
users tax fund.

(IV) The secretary of state shall provide an opportunity for any
individual to make the request of confidentiality allowed by
paragraph (a) of this subsection (3.5), with respect to the records
described in subparagraph (III) of said paragraph (a). The
secretary of state may charge a processing fee, not to exceed five
dollars, for each such request. All processing fees collected by
the secretary of state pursuant to this subparagraph (IV) or
subparagraph (III) of this paragraph (b) shall be transmitted to
the state treasurer, who shall credit the same to the department of
state cash fund.


(c) The custodian of any records described in paragraph (a) of this
subsection (3.5) which concern an individual who has made a request
of confidentiality pursuant to this subsection (3.5) and paid any
required processing fee shall deny the right of inspection of the
individual's address contained in such records on the ground that
disclosure would be contrary to the public interest; except that
such custodian shall allow the inspection of such records by such
individual, by any person authorized in writing by such individual,
and by any individual employed by one of the following entities who
makes a request to the custodian to inspect such records and who
provides evidence satisfactory to the custodian that the inspection
is reasonably related to the authorized purpose of the employing
entity:


(I) A criminal justice agency, as defined by section 24-72-302 (3);


(II) An agency of the United States, the state of Colorado, or of
any political subdivision or authority thereof;


(III) A person required to obtain such individual's address in
order to comply with federal or state law or regulations adopted
pursuant thereto;


(IV) An insurance company which has a valid certificate of
authority to transact insurance business in Colorado as required in
section 10-3-105 (1), C.R.S.;


(V) A collection agency which has a valid license as required by
section 12-14-115 (1), C.R.S.;

(VI) A supervised lender licensed pursuant to section 5-3-503,
C.R.S.;

(VII) A bank as defined in section 11-1-102 (2), C.R.S., an
industrial bank as defined in section 11-22-101 (1), C.R.S., a
trust company as defined in section 11-23-102 (4), C.R.S., a credit
union as defined in section 11-30-101 (1), C.R.S., a domestic
savings and loan association as defined in section
11-40-102 (5), C.R.S., a foreign savings and loan association as
defined in section 11-40-102 (8), C.R.S., or a broker-dealer as
defined in section 11-51-201 (2), C.R.S.;


(VIII) An attorney licensed to practice law in Colorado or his
representative authorized in writing to inspect such records on
behalf of the attorney.

(IX) A manufacturer of any vehicle required to be registered
pursuant to the  provisions of article 3 of title 42, C.R.S., or a
designated agent of such manufacturer. Such inspection shall be
allowed only for the purpose of identifying, locating, and
notifying the registered owners of such vehicles in the event of a
product recall or product advisory and may also be allowed for
statistical purposes where such address is not disclosed by such
manufacturer or designated agent. No person who obtains the address
of an individual pursuant to this subparagraph (IX) shall disclose
such information, except as necessary to accomplish said purposes.


(d) Notwithstanding any provisions of this subsection (3.5) to the
contrary,  any person who appears in person in the office of any
custodian of records described in paragraph (a) of this subsection
(3.5) and who presents documentary evidence satisfactory to the
custodian that such person is a duly accredited representative of
the news media may verify the address of an individual whose
address is otherwise protected from inspection in accordance with
this subsection (3.5). Such verification shall be limited to the
custodian confirming or denying that the address of an individual
as known to the representative of the news media is the address of
the individual as shown by the records of the custodian.


(e) No person shall make any false statement in requesting any
information pursuant to paragraph (a) or (b) of this subsection
(3.5).

(f) Any request of confidentiality made pursuant to this subsection
(3.5) shall be kept confidential and shall not be open to
inspection as a public record unless a written release is executed
by the person who made the request.

 (4) If the custodian denies access to any public record, the
applicant may request a written statement of the grounds for the
denial, which statement shall cite the law or regulation under
which access is denied and shall be furnished forthwith to the
applicant.

(5) Any person denied the right to inspect any record covered by
this part 2  may apply to the district court of the district
wherein the record is found for  an order directing the custodian
of such record to show cause why he should not  permit the
inspection of such record. Hearing on such application shall be
held at the earliest practical time. Unless the court finds that
the denial of the right of inspection was proper, it shall order
the custodian to permit such  inspection and, upon a finding that
the denial was arbitrary or capricious, it may order the custodian
personally to pay the applicant's court costs and attorney fees in
an amount to be determined by the court.

(6) If, in the opinion of the official custodian of any public
record, disclosure of the contents of said record would do
substantial injury to the public interest, notwithstanding the fact
that said record might otherwise be available to public inspection,
he may apply to the district court of the district in which such
record is located for an order permitting him to restrict such
disclosure. Hearing on such application shall be held at the
earliest practical time. After hearing, the court may issue such an
order upon a finding  that disclosure would cause substantial
injury to the public interest. In such action the burden of proof
shall be upon the custodian. The person seeking permission to
examine the record shall have notice of said hearing served upon
him in the manner provided for service of process by the Colorado
rules of civil procedure and shall have the right to appear and be
heard.


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24-72-205.  Copies, printouts, or photographs of public records

  (1) In all cases in which a person has the right to inspect any
public record, he may request that he be furnished copies,
printouts, or photographs of such record. The custodian may furnish
such copies, printouts, or photographs for a reasonable fee, to be
set by the official custodian, not to exceed one dollar and
twenty-five cents per page unless actual costs exceed that amount;
except that, when the custodian is the secretary of state, fees
shall be determined and collected pursuant to section 24-21-104
(3). Where fees for  certified copies or other copies, printouts,
or photographs of such record are specifically prescribed by law,
such specific fees shall apply.

(2) If the custodian does not have facilities for making copies,
printouts, or photographs of records which the applicant has the
right to inspect, the applicant shall be granted access to the
records for the purpose of making copies, printouts, or
photographs. The copies, printouts, or photographs shall be made
while the records are in the possession, custody, and control of
the custodian thereof and shall be subject to the supervision of
such custodian. When practical, they shall be made in the place
where the records are kept, but, if it is impractical to do so, the
custodian may allow arrangements to be made for this purpose. If
other facilities are necessary, the cost of providing them  shall
be paid by the person desiring a copy, printout, or photograph of
the records. The official custodian may establish a reasonable
schedule of times for making copies, printouts, or photographs and
may charge the same fee for the services rendered by him or his
deputy in supervising the copying, printing out, or photographing
as he may charge for furnishing copies under subsection (1) of
this section.

(3) If, in response to a specific request, the state or any of its
agencies,  institutions, or political subdivisions has performed a
manipulation of data so  as to generate a record in a form not used
by the state or by said agency,  institution, or political
subdivision, a reasonable fee may be charged to the person making
the request. Such fee shall not exceed the actual cost of
manipulating the said data and generating the said record in
accordance with the request. Persons making subsequent requests for
the same or similar records may  be charged a fee not in excess of
the original fee.

(4) If the public record is a result of computer output other than
word processing, the fee for a copy, printout, or photograph
thereof may be based on  recovery of the actual incremental costs
of providing the electronic services and products together with a
reasonable portion of the costs associated with building and
maintaining the information system. Such fee may be reduced or
waived by the custodian if the electronic services and products are
to be used for a public purpose, including public agency program
support, nonprofit activities, journalism, and academic research.
Fee reductions and waivers shall  be uniformly applied among
persons who are similarly situated.


24-72-206.  Violation - penalty


  Any person who willfully and knowingly violates the provisions of
this part 2 is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a  fine of not more than one hundred
dollars, or by imprisonment in the county jail for not more than
ninety days, or by both such fine and imprisonment.


 24-72-301.  Legislative declaration


  (1) The general assembly hereby finds and declares that the
maintenance, access and dissemination, completeness, accuracy, and
sealing of criminal justice records are matters of statewide
concern and that, in defining and regulating those areas, only
statewide standards in a state statute are workable.

(2) It is further declared to be the public policy of this state
that  criminal justice agencies shall maintain records of official
actions, as defined in this part 3, and that such records shall be
open to inspection by any person  and to challenge by any person in
interest, as provided in this part 3, and that all other records of
criminal justice agencies in this state may be open for inspection
as provided in this part 3 or as otherwise specifically provided by
law.



24-72-302.  Definitions


  As used in this part 3, unless the context otherwise requires:


(1) "Arrest and criminal records information" means information
reporting the arrest, indictment, or other formal filing of
criminal charges against a person; the identity of the criminal
justice agency taking such official action relative to an accused
person; the date and place that such official action was taken
relative to an accused person; the name, birth date, last-known
address, and  sex of an accused person; the nature of the charges
brought or the offenses alleged against an accused person; and one
or more dispositions relating to the  charges brought against an
accused person.


(2) "Basic identification information" means the name, birth date,
last-known address, physical description, sex, and fingerprints of
any person.

(3) "Criminal justice agency" means any court with criminal
jurisdiction and  any agency of the state or of any county, city
and county, home rule city and county, home rule city or county,
city, town, territorial charter city, governing boards of
institutions of higher education, school district, special
district, judicial district, or law enforcement authority which
performs any activity directly relating to the detection or
investigation of crime; the apprehension, pretrial release,
posttrial release, prosecution, correctional supervision,
rehabilitation, evaluation, or treatment of accused persons or
criminal offenders; or criminal identification activities or the
collection, storage, or dissemination of arrest and criminal
records information.

(4) "Criminal justice records" means all books, papers, cards,
photographs, tapes, recordings, or other documentary materials,
regardless of form or characteristics, which are made, maintained,
or kept by any criminal justice agency in the state for use in the
exercise of functions required or  authorized by law or
administrative rule.

(5) "Custodian" means the official custodian or any authorized
person having  personal custody and control of the criminal justice
records in question.

(6) "Disposition" means a decision not to file criminal charges
after arrest; the conclusion of criminal proceedings, including
conviction, acquittal, or acquittal by reason of insanity; the
dismissal, abandonment, or indefinite postponement of criminal
proceedings; formal diversion from prosecution; sentencing,
correctional supervision, and release from correctional
supervision, including terms and conditions thereof; outcome of
appellate review of criminal  proceedings; or executive clemency.

(7) "Official action" means an arrest; indictment; charging by
information; disposition; pretrial or posttrial release from
custody; judicial determination  of mental or physical condition;
decision to grant, order, or terminate probation, parole, or
participation in correctional or rehabilitative programs;  and any
decision to formally discipline, reclassify, or relocate any person
under criminal sentence.


(8) "Official custodian" means any officer or employee of the state
or any agency, institution, or political subdivision thereof who is
responsible for  the maintenance, care, and keeping of criminal
justice records, regardless of whether such records are in his
actual personal custody and control.

(9) "Person" means any natural person, corporation, limited
liability company, partnership, firm, or association.

(10) "Person in interest" means the person who is the primary
subject of a criminal justice record or any representative
designated by said person by power of attorney or notarized
authorization; except that, if the subject of the record is under
legal disability, "person in interest" means and includes his
parents or duly appointed legal representative.  24-72-303.
Records of official actions required - open to inspection


  (1) Each official action as defined in this part 3 shall be
recorded by the particular criminal justice agency taking the
official action. Such records of official actions shall be
maintained by the particular criminal justice agency which took the
action and shall be open for inspection by any person at reasonable
times, except as provided in this part 3 or as otherwise provided
by  law. The official custodian of any records of official actions
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 record of official action of a criminal
justice agency is 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 agency which has custody or control of
the record in question.

(3) If the requested record of official action of a criminal
justice agency is in the custody and control of the person to whom
application is made but is in active use or in storage and
therefore not available at the time an applicant asks to examine
it, the custodian shall forthwith notify the applicant of this fact
in writing, if requested by the applicant. If requested by the
applicant, the custodian shall set a date and hour within three
working days at which time  the record will be available for
inspection.

24-72-304.  Inspection of criminal justice records


  (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) The name of any victim of sexual assault or of alleged
sexual assault shall be deleted from any criminal justice record
prior to the release of such  record 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 in the first degree under section 18-3-402,
C.R.S.;

(B) Sexual assault in the second degree under section 18-3-403,
C.R.S.;

(C) Sexual assault in the third degree under section 18-3-404,
C.R.S.;

(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.; or

(F) Sexual assault on a client by a psychotherapist under section
18-3-405.5, C.R.S.


(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.

24-72-305.  Allowance or denial of inspection - grounds - procedure
- appeal


  (1) The custodian of criminal justice records may allow any
person to inspect such records or any portion thereof except on the
basis of any one of the following grounds or as provided in
subsection (5) of this section:

(a) Such inspection would be contrary to any state statute;

(b) Such inspection is prohibited by rules promulgated by the
supreme court  or by the order of any court.

(2) to (4) Repealed, L. 78, p. 407, 4, effective May 5, 1978.


(5) On the ground that disclosure would be contrary to the public
interest, and unless otherwise provided by law, the custodian may
deny access to records of investigations conducted by or of
intelligence information or security procedures of any sheriff,
district attorney, or police department or any criminal justice
investigatory files compiled for any other law enforcement purpose.


(6) If the custodian denies access to any criminal justice record,
the applicant may request a written statement of the grounds for
the denial, which statement shall be provided to the applicant
within seventy-two hours, shall cite the law or regulation under
which access is denied or the general nature of the public interest
to be protected by the denial, and shall be furnished forthwith to
the applicant.

(7) Any person denied access to inspect any criminal justice record
covered by this part 3 may apply to the district court of the
district wherein the record is found for an order directing the
custodian of such record to show cause why said custodian should
not permit the inspection of such record. A  hearing on such
application shall be held at the earliest practical time. Unless
the court finds that the denial of inspection was proper, it shall
order the custodian to permit such inspection and, upon a finding
that the denial was arbitrary or capricious, it may order the
custodian to pay the applicant's court costs and attorney fees in
an amount to be determined by the court. Upon a finding that the
denial of inspection of a record of an official action was
arbitrary or capricious, the court may also order the custodian
personally to pay to the applicant a penalty in an amount not to
exceed twenty-five dollars for each day that access was improperly
denied.

24-72-305.5.  Access to records - denial by custodian - use of
records to obtain information for solicitation


  Records of official actions and criminal justice records and the
names, addresses, telephone numbers, and other information in such
records shall not be used by any person for the purpose of
soliciting business for pecuniary gain. The official custodian
shall deny any person access to records of official actions and
criminal justice records unless such person signs a statement which
affirms that such records shall not be used for the direct
solicitation of business for pecuniary gain.  COLORADO REVISED
STATUTES


 *** THIS SECTION IS CURRENT THROUGH THE 1993 SUPPLEMENT (1993
SESSIONS) ***


24-72-306.  Copies, printouts, or photographs of criminal justice
records - fees authorized


  (1) Criminal justice agencies may assess reasonable fees, not to
exceed actual costs, including but not limited to personnel and
equipment, for the search, retrieval, and copying of criminal
justice records and may waive fees at their discretion. Where fees
for certified copies or other copies, printouts, or photographs of
such records are specifically prescribed by law, such specific fees
shall apply. Where the criminal justice agency is an agency or
department  of any county or municipality, the amount of such fees
shall be established by the governing body of the county or
municipality.

(2) If the custodian does not have facilities for making copies,
printouts, or photographs of records which the applicant has the
right to inspect, the applicant shall be granted access to the
records for the purpose of making copies, printouts, or
photographs. The copies, printouts, or photographs shall be made
while the records are in the possession, custody, and control of
the custodian thereof and shall be subject to the supervision of
such custodian. When practical, they shall be made in the place
where the records are kept, but, if it is impractical to do so, the
custodian may allow other arrangements to be  made for this
purpose. If other facilities are necessary, the cost of providing
them shall be paid by the person desiring a copy, printout, or
photograph of the records. The official custodian may establish a
reasonable schedule of times for making copies, printouts, or
photographs and may charge the same fee for the services rendered
by him or his deputy in supervising the copying, printing out, or
photographing as he may charge for furnishing copies under
subsection (1) of  this section.


24-72-307.  Challenge to accuracy and completeness - appeals


  (1) Any person in interest who is provided access to any criminal
justice records pursuant to this part 3 shall have the right to
challenge the accuracy and completeness of records to which he has
been given access, insofar as they pertain to him, and to request
that said records be corrected.

(2) If the custodian refuses to make the requested correction, the
person in  interest may request a written statement of the grounds
for the refusal, which  statement shall be furnished forthwith.

(3) In the event that the custodian requires additional time to
evaluate the  merit of the request for correction, he shall so
notify the applicant in writing forthwith. The custodian shall then
have thirty days from the date of his receipt of the request for
correction to evaluate the request and to make a determination of
whether to grant or refuse the request, in whole or in part, which
determination shall be forthwith communicated to the applicant in
writing.

(4) Any person in interest whose request for correction of records
is refused may apply to the district court of the district wherein
the record is found for  an order directing the custodian of such
record to show cause why he should not  permit the correction of
such record. A hearing on such application shall be held at the
earliest practical time. Unless the court finds that the refusal of
correction was proper, it shall order the custodian to make such
correction, and, upon a finding that the refusal was arbitrary or
capricious, it may order the criminal justice agency for which the
custodian was acting to pay the applicant's court costs and
attorney fees in an amount to be determined by the court.
24-72-308.  Sealing of records


  (1) (a) Any person in interest may petition the district court of
the district in which any arrest and criminal records information
pertaining to said person in interest is located for the sealing of
all of said records, except basic identification information, if
the records are a record of official actions involving a criminal
offense for which said person in interest was not charged, in any
case which was completely dismissed, or in any case in which said
person in interest was acquitted.  (b) (I) Any petition to seal
criminal records shall include a listing of each custodian of the
records to whom the sealing order is directed and any information
which accurately and completely identifies the records to be
sealed.

(II) Upon the filing of a petition, the court shall set a date for
a hearing  and shall notify the prosecuting attorney by certified
mail, the arresting agency, and any other person or agency
identified by the petitioner.

(c) After the hearing described in subparagraph (II) of paragraph
(b) of this subsection (1) is conducted and if the court finds that
the harm to the privacy  of the petitioner or dangers of
unwarranted adverse consequences to the petitioner outweigh the
public interest in retaining the records, the court may  order such
records, except basic identification information, to be sealed. Any
order entered pursuant to this paragraph (c) shall be directed to
every custodian who may have custody of any part of the arrest and
criminal records information which is the subject of the order.
Whenever a court enters an order  sealing criminal records pursuant
to this paragraph (c), the petitioner shall provide the Colorado
bureau of investigation and every custodian of such records with a
copy of such order. Thereafter, the petitioner may request and the
court  may grant an order sealing the civil case in which the
records were sealed.


(d) Upon the entry of an order to seal the records, the petitioner
and all criminal justice agencies may properly reply, upon any
inquiry in the matter, that no such records exist with respect to
such person.

(e) Inspection of the records included in an order sealing criminal
records may thereafter be permitted by the court only upon petition
by the person who is the subject of such records or by the
prosecuting attorney and only for those purposes named in such
petition.

(f) (I) Employers, educational institutions, state and local
government agencies, officials, and employees shall not, in any
application or interview or in any other way, require an applicant
to disclose any information contained in  sealed records. An
applicant need not, in answer to any question concerning arrest and
criminal records information that has been sealed, include a
reference to or information concerning such sealed information and
may state that no such action has ever occurred. Such an
application may not be denied solely because of the applicant's
refusal to disclose arrest and criminal records information that
has been sealed.

(II) Subparagraph (I) of this paragraph (f) shall not preclude the
bar committee of the Colorado state board of law examiners from
making further inquiries into the fact of a conviction which comes
to the attention of the  bar committee through other means. The bar
committee of the Colorado state board of law examiners shall have
a right to inquire into the moral and ethical qualifications of an
applicant, and the applicant shall have no right to privacy or
privilege which justifies his refusal to answer to any question
concerning arrest and criminal records information that has come to
the attention of the bar committee through other means.

(g) Nothing in this section shall be construed to authorize the
physical destruction of any criminal justice records.


(1.5) For the purpose of protecting the author of any
correspondence which becomes a part of criminal justice records,
the court having jurisdiction in the judicial district in which the
criminal justice records are located may, in its  discretion, with
or without a hearing thereon, enter an order to seal any
information, including, but not limited to, basic identification
information contained in said correspondence. However, the court
may, in its discretion, enter an order which allows the disclosure
of sealed information to defense counsel or, if the defendant is
not represented by counsel, to the defendant.
(2) Advisements. Whenever a defendant has charges against him
dismissed, is acquitted, or is sentenced following a conviction,
the court shall provide him with a written advisement of his rights
concerning the sealing of his criminal  justice records if he
complies with the applicable provisions of this section.

(3) Exceptions.

(a) This section shall not apply to records
pertaining to any class 1 or class 2 misdemeanor traffic offense or
to any class A or class B traffic infraction.

(b) Court orders sealing records of official actions entered
pursuant to this section shall not limit the operation of rules of
discovery promulgated by the supreme court of Colorado.

(c) This section shall not apply to records pertaining to any
sexual assault  offense as defined in part 4 of article 3 of title
18, C.R.S., where a plea of guilty or nolo contendere has been
entered, a plea agreement has been made, or arrangements have been
made for deferred judgment, deferred prosecution, or deferred
sentencing or where the defendant has been convicted of the
offense.

24-72-309.  Violation - penalty


  Any person who willfully and knowingly violates the provisions of
this part 3 is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a  fine of not more than one hundred
dollars, or by imprisonment in the county jail for not more than
ninety days, or by both such fine and imprisonment.  24-72-401.
Commission on judicial discipline - confidentiality of records and
procedures

  The record of an investigation conducted by the commission on
judicial discipline or by masters appointed by the supreme court at
the request of the commission shall contain all papers filed with
and all proceedings before the commission or the masters. The
record shall be confidential and shall remain confidential after
filing with the supreme court. A recommendation of the commission
for the removal or retirement of a justice or judge shall not be
confidential after it is filed with the supreme court.


  COLORADO REVISED STATUTES


 *** THIS SECTION IS CURRENT THROUGH THE 1993 SUPPLEMENT (1993
SESSIONS) ***


24-72-402.  Violation - penalty


  Any member of the commission, any master appointed by the supreme
court, or anyone providing assistance to such commission or such
masters who willfully and knowingly discloses the contents of any
paper filed with, or any proceeding before, such commission or such
masters, or willfully and knowingly discloses the contents of any
recommendation of the commission before such recommendation  is
filed with the supreme court is guilty of a misdemeanor and, upon
conviction  thereof, shall be punished by a fine of not more than
five hundred dollars.  This section shall not apply to any
necessary communication between the members  of the commission or
the masters appointed by the supreme court or anyone employed to
aid such commission or such masters in the filing or documentation
of any paper filed with, or any proceedings before, such commission
or such masters or the preparation of the recommendation of such
commission.

24-72.5-101.  Legislative declaration


  The general assembly finds that an informed citizenry, which
results from the free flow of information between citizens and the
mass media, and the preservation of news information sources for
the mass media is of vital concern  to all people of the state of
Colorado and that the interest of the state in such area is so
great that the state shall retain jurisdiction over the use of any
subpoena power or the exercise of any other authority by any
governmental entity to obtain news information or the
identification of the source of such information within the
knowledge or possession of newspersons, which is hereby declared to
be a matter of statewide concern.



  COLORADO REVISED STATUTES


 *** THIS SECTION IS CURRENT THROUGH THE 1993 SUPPLEMENT (1993
SESSIONS) ***  24-72.5-102.  Definitions

  As used in this article, unless the context otherwise requires:

(1) "Governmental entity" means the state and any state agency or
institution, county, city and county, incorporated city or town,
school district, special improvement district, authority, and every
other kind of district, instrumentality, or political subdivision
of the state organized pursuant to law. "Governmental entity" shall
include entities governed by home rule charters.  (2) "Mass medium"
means any publisher of a newspaper or periodical; wire service;
radio or television station or network; news or feature syndicate;
or cable television system.

(3) "News information" means any knowledge, observation, notes,
documents, photographs, films, recordings, videotapes, audiotapes,
and reports, and the contents and sources thereof, obtained by a
newsperson while engaged as such, regardless of whether such items
have been provided to or obtained by such newsperson in confidence.

(4) "Newsperson" means any member of the mass media and any
employee or independent contractor of a member of the mass media
who is engaged to gather, receive, observe, process, prepare,
write, or edit news information for dissemination to the public
through the mass media.

(5) "Press conference" means any meeting or event called for the
purpose of issuing a public statement to members of the mass media,
and to which members of the mass media are invited in advance.

(6) "Proceeding" means any investigation, hearing, or other process
for obtaining information conducted by, before, or under the
authority of any  executive or administrative body, panel, or
officer of the state of Colorado or  any city, county, city and
county, or other political subdivision of the  state.  Such term
shall not include any investigation, hearing, or other
process for obtaining information conducted by, before, or under
the authority of the general assembly.

 (7) "Source" means any person from whom or any means by or through
which news information is received or procured by a newsperson,
regardless of whether such  newsperson was requested to hold
confidential the identity of such person or means.  24-72.5-103.
Compelled disclosure of news information - privilege


  (1) Notwithstanding any other provision of law to the contrary,
and except as otherwise provided by section 24-72.5-104, no
newsperson shall, without the express consent of such newsperson,
be compelled to disclose, be examined concerning refusal to
disclose, or be subject to any process to compel disclosure or to
impose any sanction for nondisclosure in connection with any
proceeding of a governmental entity for refusal to disclose any
news information received, observed, procured, processed, prepared,
written, or edited by a newsperson, while acting in the capacity of
a newsperson; except that the  privilege of nondisclosure shall not
apply to the following:


(a) News information received at a press conference;

(b) News information that has actually been published or
broadcasted through  the mass media;

(c) News information based on a newsperson's personal observation
of the commission of an act which, under any statute, law, or
ordinance, is deemed to be a criminal offense if substantially
similar news information cannot reasonably be obtained by any other
means;

(d) News information based on a newsperson's personal observation
of the commission of a class 1, 2, or 3 felony.  24-72.5-104.
Limit of nondisclosure privilege for newsperson


  (1) Notwithstanding the privilege of nondisclosure established in
section 24-72.5-103, a governmental entity otherwise authorized by
law to issue or obtain subpoenas may subpoena a newsperson in order
to obtain news information by establishing, by a preponderance of
the evidence:

(a) That the news information is directly relevant to a substantial
issue involved in the proceeding;


(b) That the news information cannot be obtained by any other
reasonable means; and

(c) That a strong interest of the party seeking to subpoena the
newsperson outweighs the interests under the first amendment to the
United States constitution of such newsperson in not responding to
a subpoena and of the general public in receiving news information.


24-72.5-105.  Waiver of privilege


  The privilege of nondisclosure established in section 24-72.5-103
may be waived only by the voluntary testimony or disclosure of a
newsperson that directly addresses the news information or
identifies the source of such news information sought by a
governmental entity. A publication or broadcast of a news report
through the mass media concerning the subject area of the news
information sought, but which does not directly address the news
information sought by such governmental entity, shall not be deemed
a waiver of the privilege of nondisclosure as to such specific news
information. 24-72.5-106.  Ability to obtain search warrant not
affected


  Nothing in this article shall preclude the issuance of a search
warrant pursuant to the federal "Privacy Protection Act of 1980",
42 U.S.C. sec. 2000aa.


30-10-101.


Offices - inspection of records - failure to comply - penalty


  (1) (a) Every sheriff, county clerk and recorder, county
treasurer, and clerk of the district and county courts shall keep
his or her respective office at the county seat of the county and
in the office provided by the county, if any such  has been
provided, or, if there is none provided, then at such place as the
board of county commissioners shall direct. Subject to the
provisions of part 2  of article 72 of title 24, C.R.S., and any
judicially recognized right of privacy, all books and papers
required to be in such offices shall be open to the examination of
any person, but no person, except parties in interest, or their
attorneys, shall have the right to examine pleadings or other
papers filed in any cause pending in such court.

(b) Notwithstanding the provisions of paragraph (a) of this
subsection (1), the sheriff, county clerk and recorder, county
treasurer, and clerk of the district and county courts may maintain
his or her office at a location other than the county seat when
authorized to do so pursuant to part 1 of article 5 of title 13,
C.R.S.

(2) Any person or corporation and their employees engaged in making


30-10-101. Offices - inspection of records - failure to comply -
penalty


  (1) (a) Every sheriff, county clerk and recorder, county
treasurer, and clerk of the district and county courts shall keep
his or her respective office at the county seat of the county and
in the office provided by the county, if any such  has been
provided, or, if there is none provided, then at such place as the
board of county commissioners shall direct. Subject to the
provisions of part  2 of article 72 of title 24, C.R.S., and any
judicially recognized right of privacy, all books and papers
required to be in such offices shall be open to the examination of
any person, but no person, except parties in interest, or their
attorneys, shall have the right to examine pleadings or other
papers filed in any cause pending in such court.

(b) Notwithstanding the provisions of paragraph (a) of this
subsection (1), the sheriff, county clerk and recorder, county
treasurer, and clerk of the district and county courts may maintain
his or her office at a location other than the county seat when
authorized to do so pursuant to part 1 of article 5 of title 13,
C.R.S.

(2) Any person or corporation and their employees engaged in making
abstracts or abstract books shall have the right, during usual
business hours and subject  to such rules and regulations as the
officer having the custody of such records  may prescribe, to
inspect and make memoranda, copies, or photographs of the contents
of all such books and papers for the purpose of their business; but
any such officer may make reasonable and general regulations
concerning the inspection of such books and papers by the public.
If, for the purpose of making such photographs, it becomes
necessary to remove such records from the room where they are
usually kept to some other room in the courthouse where such
photographic apparatus may be installed for such purpose, the
county clerk and recorder, in his discretion, may charge to the
person or corporation making such photographic reproductions a fee
of ten dollars per hour for the service of the  deputy who has
charge of such records while they are being so photographed; but
such fees shall not be charged to one person or corporation unless
the same fee  is likewise charged to every person or corporation
photographing such records.

(3) If any person or officer refuses or neglects to comply with the
provisions of this section, he shall forfeit for each day he so
refuses or neglects the sum of five dollars, to be collected by
civil action, in the name of the people of the state of Colorado,
and pay it into the school fund; but this shall not interfere with
or take away any right of action for damages by any person injured
by such neglect or refusal.