Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0467.01 Jerry Barry x4341    SENATE BILL 14-034
                   SENATE SPONSORSHIP
 Herpin, 
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning strengthening the protection of the press.
       
       
                           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.)
       
            Current law requires a party seeking to enforce a subpoena against
       a newsperson to establish 3 elements by a preponderance of the evidence.
       The bill changes the standard to clear and convincing evidence and
       requires the party to show the following 4 elements:
                 The information was not obtained in confidence;
                 The information is highly material and relevant;
                 The information is critical to a material issue; and
                 The information is not obtainable from another source.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 13-90-119, amend
       (3) as follows:
            13-90-119.  Privilege for newsperson. (3)  Notwithstanding the
       privilege of nondisclosure granted in subsection (2) of this section, any
       party to a proceeding who is 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 clear and
       convincing evidence, in opposition to a newsperson's motion to quash
       such subpoena that:
            (a)  The newsperson did not obtain the information in
       confidence; and
            (a) (b) (I)  That The news information is directly highly
       material and relevant to a substantial issue involved in the proceeding;
            (b) (II)  That The news information cannot be obtained by any
       other reasonable means is critical or necessary to the maintenance
       of a party's claim, defense, or proof of an issue material thereto;
       and
            (c) (III)  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 The news information is
       not obtainable from any alternative source.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  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 6, 2014, if adjournment sine die is on May 7,
       2014); 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 2014 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to subpoenas issued on or after the applicable
       effective date of this act.