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Colorado Revised Statutes Title 18. Criminal Code § 18-1-1102. Scope

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The provisions of this part 11 shall apply to the preservation of DNA evidence only when:

(a) The investigation of a felony does not result in or has not resulted in charges being filed; or

(b) The filed charges resulted in a conviction for a class 1 felony or for a sex offense that carries an indeterminate sentence pursuant to section 18-1.3-1004; or

(c) The filed charges resulted in a conviction for a felony not covered by paragraph (b) of this subsection (1); or

(d) The filed charges resulted in a conviction for any offense not covered by paragraphs (b) and (c) of this subsection (1), and at least one of the charges filed involved a sex offense as defined in section 18-1.3-1003(5).

(2) For purposes of subsection (1) of this section, conviction shall include a verdict of guilty by a judge or jury, a plea of guilty or nolo contendere, or a deferred judgment and sentence. For purposes of paragraph (d) of subsection (1) of this section, conviction shall also include a juvenile delinquent adjudication or deferred adjudication.

(3) This part 11 does not impose a statutory duty to retain or store evidence other than in the situations described in this section.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Criminal Code § 18-1-1102. Scope - last updated January 01, 2025 | https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-1-1102/

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