NOTE: The governor signed this measure on 6/6/2016.
      
      
      SENATE BILL 16-132
      
      
      BY SENATOR(S) Cooke, Aguilar, Baumgardner, Crowder, Garcia,
      Grantham, Heath, Hill, Hodge, Jahn, Kefalas, Lambert, Lundberg, Marble,
      Martinez Humenik, Merrifield, Neville T., Newell, Roberts, Scheffel, Scott,
      Sonnenberg, Tate, Todd, Woods, Cadman;
      also REPRESENTATIVE(S) Foote, Duran, Ginal, Moreno, Ryden, Vigil.
      
      
      Concerning clarifying that test results relating to certain DUI
           offenses are not public information.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-4-1301, amend (6)
      (c) as follows:
      
           42-4-1301.  Driving under the influence - driving while impaired
      - driving with excessive alcoholic content - definitions - penalties.
      (6) (c) (I)  In all actions, suits, and judicial proceedings in any court of this
      state concerning alcohol-related or drug-related traffic offenses, the court
      shall take judicial notice of methods of testing a person's alcohol or drug
      level and of the design and operation of devices, as certified by the
      department of public health and environment, for testing a person's blood,
      breath, saliva, or urine to determine such person's alcohol or drug level.
      The department of public health and environment may, by rule, determine
      that, because of the reliability of the results from certain devices, the
      collection or preservation of a second sample of a person's blood, saliva, or
      urine or the collection and preservation of a delayed breath alcohol
      specimen is not required.
      
           (II)  Nothing in this paragraph (c) shall not prevent prevents the
      necessity of establishing during a trial that the testing devices used were
      working properly and that such testing devices were properly operated.
      Nothing in this paragraph (c) shall preclude precludes a defendant from
      offering evidence concerning the accuracy of testing devices.
      
           (III)  The database compiled by the department of public
      health and environment containing personal identifying
      information relating to the results of tests of persons' breath
      alcohol content, and all personal identifying information
      thereof, are not public information. The department of public
      health and environment shall disclose such information only to:
      
           (A)  The individual who is the subject of the test, or to his or
      her legal representative;
      
           (B)  A named interested party in a civil or criminal action
      in which the test results are directly related, or to his or her
      legal representative;
      
           (C)  Any prosecuting attorney, law enforcement officer,
      state agency, or state and local public official legally
      authorized to utilize such information to carry out his or her
      duties; or
      
           (D)  Any party who obtains an order in a pending civil or
      criminal case if the court finds the party has shown good cause
      to have the information. In determining whether there is good
      cause, the court shall consider whether the materials sought
      exist; whether the materials sought are evidentiary and
      relevant; whether the materials are not otherwise procurable
      reasonably in advance of the proceeding by the exercise of due
      diligence; whether the party cannot properly prepare for the
      proceeding without such production and inspection in advance of
      the proceeding, and the failure to obtain such inspection may tend
      to unreasonably delay the proceeding; and whether the request
      for the information is made in good faith and is not for the
      purposes of general discovery.
      
           (IV)  The department of public health and environment may
      release non-personal identifying information from the database
      in accordance with sections 24-72-101 to 24-72-402, C.R.S.
      
           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
      10, 2016, if adjournment sine die is on May 11, 2016); 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO