NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1018
      
      
      BY REPRESENTATIVE(S) Tyler, Barker, Duran, Fields, Fischer,
      Hullinghorst, Kagan, Lee, Looper, Murray, Nikkel, Pace, Priola, Ryden,
      Schafer S., Solano, Todd, Vigil;
      also SENATOR(S) King S., Boyd, Giron, Guzman, Jahn, Newell,
      Williams S.
      
      
      Concerning electronically transmitted court documents.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  13-1-113 (1), Colorado Revised Statutes, is amended
      to read:
      
           13-1-113.  Seal - how attached.  (1)  A seal of a court or public
      officer, when required on any writ, process, or proceeding or to authenticate
      a copy of any record or document, may be impressed with wax, wafer, or
      any other substance and then attached to the writ, process, or proceeding or
      to the copy of the record or document, or it may be impressed on the paper
      alone but, or electronically attached to or logically associated
      with an electronic record or document.  When jury summonses,
      subpoenas, or subpoenas duces tecum are prepared by means of mechanical
      reproduction, the seal of the summoning court may be printed thereon
      instead of being impressed.
      
           SECTION 2.  16-1-106 (3) (b), Colorado Revised Statutes, is
      amended to read:
      
           16-1-106.  Electronic transmission of documents required for
      arrest and search warrants under code authorized - definitions. 
      (3) (b)  A warrant issued by a judge or magistrate by an electronic transfer
      or a warrant signed electronically shall be considered the original document. 
      The issuing judge or magistrate shall mark the warrant as "original" and
      facilitate the filing of the warrant with the court clerk.  Any documents
      authorized by this section from the affiant that are electronically filed or
      signed electronically shall be considered a copy.  A judge or magistrate
      shall mark as "original" an affidavit received by electronic
      transfer that includes an electronic signature.  Any warrant
      issued by a judge or magistrate by electronic transfer that
      includes an electronic signature shall be considered the original
      document and marked as "original".  The judge or magistrate
      shall:
      
           (I)  Facilitate the filing of the original affidavit and
      warrant with the clerk of the court in a format that cannot be
      altered; and
      
           (II)  Forward a copy of the warrant and affidavit containing
      electronic signatures to the affiant.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO