House Committee of Reference Report
Committee on Appropriations
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April 4, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1049 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, add 16-3-400.3 as
Page 1, Line 4follows:
Page 1, Line 516-3-400.3. Definitions. As used in this part 4, unless the
Page 1, Line 6context otherwise requires:
Page 1, Line 7(1) "Authorized representative" means a professional
Page 1, Line 8person who is employed by or under contract with an attorney,
Page 1, Line 9the attorney's office, or with a state agency to assist in
Page 1, Line 10providing legal representation to a person committed,
Page 1, Line 11imprisoned, or arrested and who has been authorized by the
Page 1, Line 12attorney to consult with their clients and the authorization
Page 1, Line 13can be confirmed by law enforcement prior to allowing the
Page 1, Line 14consultation.
Page 1, Line 15(2) "Place of confinement" means a jail or other fixed
Page 1, Line 16place of confinement operated by the county or other
Page 1, Line 17governmental authority to hold persons committed, imprisoned,
Page 1, Line 18or arrested for any cause, or a facility or other fixed place of
Page 1, Line 19confinement operated by the department of corrections or
Page 1, Line 20under contract with the department of corrections at which the
Page 1, Line 21in-custody person is held for more than twenty-four hours.
Page 1, Line 22SECTION 2. In Colorado Revised Statutes, 16-3-402, amend (1),
Page 1, Line 23(2), and (3) as follows:
Page 1, Line 2416-3-402. Right to communicate with attorney and family.
Page 1, Line 25(1) Persons who are arrested shall have A person who is arrested has
Page 1, Line 26the right to communicate with an attorney of their the person's choice
Page 1, Line 27and a member of their the person's family by making a reasonable
Page 1, Line 28number of telephone calls or by communicating in any other reasonable
Page 2, Line 1manner. Such The communication shall must be permitted at the earliest
Page 2, Line 2possible time after arrival at the police station, sheriff's office, jail, or
Page 2, Line 3other like confinement facility to which such the person is first taken
Page 2, Line 4after arrest.
Page 2, Line 5(2) If the accused person is transferred to a new place of custody,
Page 2, Line 6his the accused person's right to communicate with an attorney and a
Page 2, Line 7member of his the accused person's family is renewed.
Page 2, Line 8(3) (a) Consistent with the provisions of section 21-1-103, C.R.S.,
Page 2, Line 9if any a person in custody indicates in any manner his the desire to speak
Page 2, Line 10with an attorney, or the court determines that an inquiry into the matter of
Page 2, Line 11indigency should occur, the a public defender shall be or the public
Page 2, Line 12defender's authorized representative is permitted to communicate
Page 2, Line 13with that person to determine whether that the person in custody has
Page 2, Line 14counsel, and, if whether the person in custody desires that
Page 2, Line 15representation from the public defender, represent him, and to make
Page 2, Line 16an initial determination as to whether the person in custody is indigent.
Page 2, Line 17If the public defender or the public defender's authorized
Page 2, Line 18representative determines that the person in custody is indigent, such
Page 2, Line 19the person in custody shall apply for representation by the public
Page 2, Line 20defender in accordance with section 21-1-103. C.R.S.
Page 2, Line 21(b) The public defender, upon his request and with due regard for
Page 2, Line 22reasonable law enforcement administrative and operational
Page 2, Line 23procedures, shall be is permitted to determine whether or not any a
Page 2, Line 24person in custody has been taken without unnecessary delay before the
Page 2, Line 25nearest available county or district judge.
Page 2, Line 26SECTION 3. In Colorado Revised Statutes, amend 16-3-403 as
Page 2, Line 27follows:
Page 2, Line 2816-3-403. Right to consult with attorney. Any A person
Page 2, Line 29committed, imprisoned, or arrested for any cause, whether or not such
Page 2, Line 30the person is charged with an offense, shall be is allowed to consult with
Page 2, Line 31an attorney-at-law of this state or the attorney's authorized
Page 2, Line 32representative whom such the person desires to see or consult, alone
Page 2, Line 33and in private at the place of custody, as many times and for such a
Page 2, Line 34period each time as is reasonable. Except where extradition proceedings
Page 2, Line 35have been completed or are not required by law, when any such a person
Page 2, Line 36is about to be moved beyond the limits of this state, the person to be
Page 2, Line 37moved shall be is entitled to a reasonable delay for the purpose of
Page 2, Line 38obtaining counsel and of availing himself of benefiting from the laws
Page 2, Line 39of this state for the security of personal liberty.
Page 2, Line 40SECTION 4. In Colorado Revised Statutes, 16-3-404, amend (1);
Page 2, Line 41and add (1.5) as follows:
Page 2, Line 4216-3-404. Duty of officers to admit attorney. (1) All peace
Page 2, Line 43officers or persons having in custody any a person committed,
Page 3, Line 1imprisoned, or arrested for any alleged cause shall forthwith admit any an
Page 3, Line 2attorney-at-law in this state or the attorney's authorized
Page 3, Line 3representative, upon the demand of the prisoner confined person or
Page 3, Line 4of a friend, relative, spouse, or attorney of the prisoner confined person,
Page 3, Line 5to see and consult the person so imprisoned confined person, alone and
Page 3, Line 6in private, at the jail or other place of custody, if such person so
Page 3, Line 7imprisoned the confined person expressly consents to see or to consult
Page 3, Line 8with the attorney or the attorney's authorized representative.
Page 3, Line 9(1.5) In addition to in-person communication, a peace
Page 3, Line 10officer or person employed at a place of confinement shall
Page 3, Line 11provide an attorney-at-law in this state or the attorney's
Page 3, Line 12authorized representative the ability to initiate communication
Page 3, Line 13with the confined person through telephone calls, interactive
Page 3, Line 14audiovisual conferencing, or any other reasonable method of
Page 3, Line 15electronic communication, as determined by the jail or
Page 3, Line 16correctional facility administration, that allows the confined
Page 3, Line 17person and the attorney or authorized representative to speak
Page 3, Line 18to each other. The communication must be private, unrecorded,
Page 3, Line 19and without cost to the confined person and attorney or the
Page 3, Line 20attorney's representative. Peace officers or persons having
Page 3, Line 21custody of the confined person shall allow the communication
Page 3, Line 22described in this section on a forthwith basis, subject to all
Page 3, Line 23reasonable administrative and operational procedures and in
Page 3, Line 24the manner as determined by the facility administration.
Page 3, Line 25SECTION 5. Act subject to petition - effective date. This act
Page 3, Line 26takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 27ninety-day period after final adjournment of the general assembly; except
Page 3, Line 28that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 29of the state constitution against this act or an item, section, or part of this
Page 3, Line 30act within such period, then the act, item, section, or part will not take
Page 3, Line 31effect unless approved by the people at the general election to be held in
Page 3, Line 32November 2026 and, in such case, will take effect on the date of the
Page 3, Line 33official declaration of the vote thereon by the governor.".".