NOTE:  This bill has been prepared for the signatures 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 12-1095
      
      
      BY REPRESENTATIVE(S) Waller, Barker, Gardner B., Gerou, Kerr J.;
      also SENATOR(S) Newell, King S.
      
      
      Concerning electronic court documents.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 16-1-106, amend (3)
      (b) as follows:
      
           16-1-106.  Electronic transmission of documents required for
      arrest and search warrants under code authorized - definitions.
      (3) (b)  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: A warrant, signed
      affidavit, and accompanying documents may be transmitted by
      electronic facsimile transmission or by electronic transfer with
      electronic signatures to the judge, who may act upon the
      transmitted documents as if they were originals. A warrant
      affidavit may be sworn to or affirmed by administration of the
      oath over the telephone by the judge. The affidavit with
      electronic signature received by the judge or magistrate and the
      warrant approved by the judge or magistrate, signed with
      electronic signature, shall be deemed originals. The judge or
      magistrate shall facilitate the filing of the original affidavit and
      original warrant with the clerk of the court and shall take
      reasonable steps to prevent tampering with the affidavit and
      warrant. The issuing judge or magistrate shall also forward a
      copy of the warrant and affidavit, with electronic signatures, to
      the affiant. This subsection (3) does not authorize the court to
      issue warrants without having in its possession either a faxed copy
      of the signed affidavit and warrant or an electronic copy of the
      affidavit and warrant with electronic signatures.
      
           (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 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); 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
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      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