Confidentiality of materials - definitions.

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(1) For purposes of this section, unless the context otherwise requires:

  1. "In camera review" means an inspection of materials by the court, in chambers, todetermine what, if any, materials are discoverable. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal.

  2. "Materials" means any records, claims, writings, documents, or information.

(2) (a) Any materials received, made, or kept by a witness protection board, the department, or a prosecuting attorney concerning a witness protection matter shall be confidential. The materials shall not be discoverable unless the court conducts an in camera review of the materials sought to be discovered and determines that the materials are necessary for the resolution of an issue then pending before the court. The attorney general acting on behalf of the witness protection board shall have standing in any action to oppose the disclosure of materials in the custody of the witness protection board.

(b) A person who knowingly or intentionally discloses confidential materials in violation of the provisions of this subsection (2) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Notwithstanding any provision of law to the contrary, a criminal prosecution brought pursuant to the provisions of this subsection (2) shall be brought within five years after the date upon which the violation occurred.

Source: L. 2007: Entire section added, p. 33, § 1, effective March 5.


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