§ 18-1-1106. Defendant Request for Disposition of or Waiver of Preservation of Dna Evidence – Procedures
In a case described in section 18-1-1102 (1), a defendant may petition the court on his or her own behalf for the disposal of DNA evidence in his or her case. The defendant shall provide a copy of the petition to the district attorney, who may join with or object to the defendant’s petition. Upon […]
§ 18-1-1107. Victim Request for Disposition of Dna Evidence – Procedures
In a case described in section 18-1-1102 (1), if DNA evidence is being held that is the property of the victim, as defined in section 24-4.1-302 (5), C.R.S., of the crime, the victim may request the district attorney to review whether the DNA evidence may be returned. If the district attorney determines the DNA evidence […]
§ 18-1-1108. Notice – Form and Sufficiency
Notice to the defendant as required by this part 11 shall be proper if it is sent by United States mail or hand-delivered to the attorney of record for the defendant as defined in rule 44 of the Colorado rules of criminal procedure. If there is no attorney of record, notice to the defendant shall […]
§ 18-1-1001.5. Protection Order Against Defendant – Transfer of Wireless Telephone Service in Domestic Violence Cases – Definitions
In addition to the options described in section 18-1-1001 (3), upon a discretionary motion of the district attorney or on the court’s own motion for the protection of an alleged victim or witness in a case involving domestic violence, as defined in section 18-6-800.3 (1), and cases involving crimes listed in section 24-4.1-302 (1), except […]
§ 18-1-1002. Criminal Contempt Proceedings – Notice to District Attorney
Before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the district of the court where the proceedings are to be heard and the district attorney for the district of the court where the alleged act of criminal contempt occurred. The district attorney […]
§ 18-1-1101. Definitions
As used in this part 11, unless the context otherwise requires: “Disposed of” means evidence is destroyed, thrown away, or returned to the owner or his or her designee. “DNA” means deoxyribonucleic acid. “DNA evidence” means all evidence collected by law enforcement in a criminal investigation, which evidence may be reasonably believed to contain DNA […]
§ 18-1-709. Entrapment
The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain […]
§ 18-1-1102. Scope
The provisions of this part 11 shall apply to the preservation of DNA evidence only when: The investigation of a felony does not result in or has not resulted in charges being filed; or The filed charges resulted in a conviction for a class 1 felony or for a sex offense that carries an indeterminate […]
§ 18-1-710. Affirmative Defense
The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses. Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-810. Cross references: For the affirmative defense of impaired mental condition, see §§ 16-8-103.5 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1-407 and […]
§ 18-1-1103. Duty to Preserve Dna Evidence
A law enforcement agency that collects DNA evidence in conducting a criminal investigation of a felony that does not result in or has not resulted in charges being filed shall preserve the DNA evidence for the length of the statute of limitations for the felony crime that was investigated. Except as provided in sections 18-1-1105 […]