Colorado Code
Part 4 - Child Fatality Prevention Act
§ 25-20.5-408. Access to Records

(b) [ Editor's note: This version of subsection (2)(b) is effective March 1, 2022. ] Confidentiality. Each member of the state review team, each member of a local or regional review team, and each invited participant at a meeting shall sign a statement indicating an understanding of and adherence to confidentiality requirements. A person who knowingly violates confidentiality requirements commits a petty offense and, upon conviction, shall be punished as provided in section 18-1.3-503.

(II) Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team shall not be subject to examination, in any civil or criminal proceeding, concerning information presented to members of the review team or opinions formed by the review team based on that information. A person may, however, be examined concerning information reviewed by the state review team or a local or regional review team that is otherwise available to the public or that is required to be revealed by that person in another official capacity.
(III) Information, documents, and records of the state review team and the local or regional review teams shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; except that information, documents, and records that would otherwise be available from a person serving on the state review team or a local or regional review team or that would otherwise be required to be revealed by law shall not be immune from subpoena, discovery, or introduction into evidence solely because the information was presented at or became available due to a proceeding of the state review team or a local or regional review team.
(IV) Information received by the state review team or a local or regional review team that contains information exculpatory to a person charged with a criminal offense shall be subject to release pursuant to the rules of criminal procedure.


Source: L. 2005: Entire part added, p. 981, § 1, effective June 2. L. 2013: Entire section amended, (SB 13-255), ch. 222, p. 1036, § 8, effective May 14. L. 2017: (1)(c) amended, (SB 17-242), ch. 263, p. 1326, § 196, effective May 25. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 442, § 105, effective August 8. L. 2021: (2)(c)(I) amended, (HB 21-1272), ch. 324, p. 1986, § 3, effective June 24; (2)(b) amended, (SB 21-271), ch. 462, p. 3240, § 477, effective March 1, 2022.
Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

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