Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 10-0726.01 Michael Dohr         HOUSE BILL 10-1251
                    HOUSE SPONSORSHIP
 Court,  Gardner B., Levy, McCann, Miklosi, Nikkel, Pace, Priola, Ryden, Waller
 
                   SENATE SPONSORSHIP
 Steadman, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning file retention by attorneys of record in felony
            criminal cases.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill requires an attorney who is an attorney of record in a
       criminal case that results in a conviction for a felony to retain his or her
       case file for a specified period.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 4 of article 5 of title 16, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            16-5-403.  File retention in criminal cases.  (1)  An attorney
       of record in a criminal case that results in a conviction or
       deferred judgment and sentence for a felony shall retain his or
       her file relating to the criminal case for at least the period
       specified in subsection (2) of this section.
            (2)  The period that an attorney shall retain a case file
       pursuant to subsection (1) of this section shall be as follows:
            (a)  For a case involving a conviction for a class 1 felony,
       the attorney shall retain the file for the life of the defendant;
            (b)  For a case involving a conviction for a felony sex
       offense to which part 10 of article 1.3 of title 18, C.R.S., applies,
       the attorney shall retain the file for the life of the defendant;
            (c)  Except as otherwise provided in paragraphs (a), (b), and
       (d) of this subsection (2), for a case involving a conviction or
       deferred judgment and sentence for a felony, the attorney
       shall retain the file for five years.  The five-year period shall
       commence:
            (I)  From the date of sentencing if the defendant does not
       appeal the conviction;
            (II)  From the date of the issuance of the mandate if the
       defendant does appeal the conviction; or
            (III)  From the date of the acceptance of the plea if a
       deferred judgment and sentence is entered.
            (d)  If the defendant files a motion for postconviction
       relief in a case in which paragraph (c) of this subsection (2)
       applies, the attorney shall retain the file until the resolution
       of the postconviction relief matters.
            SECTION 2.  Act subject to petition - specified effective date
       - applicability.  (1)  This act shall take effect September 1, 2010; except
       that, if a referendum petition is filed pursuant to section 1 (3) of article V
       of the state constitution against this act or an item, section, or part of this
       act within the ninety-day period after final adjournment of the general
       assembly, then the act, item, section, or part shall not take effect unless
       approved by the people at the general election to be held in November
       2010 and shall take effect on the date of the official declaration of the
       vote thereon by the governor.
            (2)  The provisions of this act shall apply to criminal cases in
       which a sentence is entered on or after the applicable effective date of this
       act.