House Bill 25-1276 Introduced

A Bill for an Act

• Page 1, Line 101Concerning defendants who fail to appear in court, and, in

• Page 1, Line 102connection therewith, permitting certain conditions

• Page 1, Line 103on pre-trial release for defendants who have

• Page 1, Line 104previously failed to appear.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under current law, a court is required to release a person on a personal recognizance bond if the person was charged with an offense for a violation with a maximum penalty that does not exceed 6 months' imprisonment, and the court cannot require the person to give security of any kind for their appearance for trial other than their personal recognizance, unless certain conditions exist. The bill clarifies these provisions apply in both state and municipal courts. The bill adds to the conditions for which a person may be required to give security that the defendant previously failed to appear in court 2 or more times in the present case.

Existing law prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, or a municipal offense for which there is no comparable state misdemeanor offense, with specified exceptions. The bill adds exceptions for:

• A petty offense for theft, criminal mischief, or arson, or a comparable municipal offense, or a municipal offense involving threats of violence, injury, or property damage, if the defendant has previously failed to appear in court 2 or more times in the present case; and
• Any other petty offense, traffic offense, or a comparable municipal offense or a municipal offense for which there is no comparable state offense, if the defendant has previously failed to appear for a court proceeding 3 or more times in the present case and has another pending charge for the same offense in the same jurisdiction.

The bill applies the exceptions involving previous instances of a defendant's failure to appear for a court proceeding only when, prior to issuing a warrant for the arrest of the defendant for the previous failure to appear, the court conducted a search to determine whether the defendant was being held in a correctional facility or county jail, and at the time of the previous failure to appear, the court had certain processes in place governing failures to appear.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 16-4-113 as follows:

• Page 2, Line 316-4-113.  Type of bond in certain non-felony cases. (1) (a)  In

• Page 2, Line 4exercising the discretion mentioned in section 16-4-104, the Except in

• Page 2, Line 5the circumstances described in subsection (1)(b) of this section,

• Page 2, Line 6if an accused person is charged with committing an offense for

• Page 2, Line 7which the maximum penalty does not exceed six months'

• Page 3, Line 1imprisonment, a judge shall release the accused person upon personal

• Page 3, Line 2recognizance if the charge is any offense for a violation of which the

• Page 3, Line 3maximum penalty does not exceed six months' imprisonment, and the

• Page 3, Line 4and, except as provided in subsection (1)(b) of this section, shall

• Page 3, Line 5not require the accused person shall not be required to supply a surety

• Page 3, Line 6bond, or give security of any kind for their appearance for trial other than

• Page 3, Line 7their personal recognizance. unless one or more of the following facts are found to be present:

• Page 3, Line 8(b)  A judge may require the accused person to supply a

• Page 3, Line 9surety bond or give security for the accused person's appearance for trial other than their personal recognizance if:

• Page 3, Line 10(a)  (I)  The arrested person fails to sufficiently identify himself or herself themself; or

• Page 3, Line 11(b)  (II)  The arrested person refuses to sign a personal recognizance; or

• Page 3, Line 12(c)  (III)  The continued detention or posting of a surety bond is

• Page 3, Line 13necessary to prevent imminent bodily harm to the accused person or to another; or

• Page 3, Line 14(d)  (IV)  The arrested person has no ties to the jurisdiction of the

• Page 3, Line 15court reasonably sufficient to assure his or her their appearance, and

• Page 3, Line 16there is substantial likelihood that he or she the person will fail to

• Page 3, Line 17appear for trial if released upon his or her their personal recognizance; or

• Page 3, Line 18(e)  (V)  The arrested person has previously failed to appear for trial

• Page 3, Line 19for an offense concerning which he or she the person had given his their written promise to appear; or

• Page 3, Line 20(f)  (VI)  There is outstanding a warrant for his or her the person's

• Page 4, Line 1arrest on any other charge or there are pending proceedings against him or her them for suspension or revocation of parole or probation; or

• Page 4, Line 2(VII)  Subject to subsection (3) of this section, the person

• Page 4, Line 3has previously failed to appear for a court proceeding as required by a court two or more times in the present case.

• Page 4, Line 4(c)  This subsection (1) applies in state and municipal courts.

• Page 4, Line 5(2) (a)  A court shall not impose a monetary condition of release for a defendant charged with:

• Page 4, Line 6(I)  A traffic offense, a petty offense, or a comparable municipal

• Page 4, Line 7offense, a court shall not impose a monetary condition of release. If the

• Page 4, Line 8including a comparable municipal offense that is a property crime and

• Page 4, Line 9the factual basis reflects a value of property loss or damage that would be

• Page 4, Line 10a petty offense property crime if charged under state law; this subsection (2)(a) applies. and

• Page 4, Line 11(II)  A municipal offense for which there is no comparable state misdemeanor offense.

• Page 4, Line 12(b)  For a defendant charged with a municipal offense for which

• Page 4, Line 13there is no comparable state misdemeanor offense, the court shall not impose a monetary condition of release.

• Page 4, Line 14(c)  (b)  This subsection (2) does not prohibit:

• Page 4, Line 15(I)  The release of a defendant, pursuant to local pretrial

• Page 4, Line 16release policies, after arrest but prior to an individual consideration of

• Page 4, Line 17bond by a judge, bonding commissioner, judicial officer, or judicial

• Page 4, Line 18designee with the power to set conditions of release, this subsection (2)

• Page 4, Line 19does not prohibit the release of a defendant pursuant to local pretrial

• Page 4, Line 20release policies, including those local pretrial release policies that

• Page 5, Line 1require payment of a monetary condition of release, if the defendant is

• Page 5, Line 2first informed that the defendant is entitled to release on a personal recognizance bond; or

• Page 5, Line 3(d)  (II)  Nothing in this subsection (2) prohibits the issuance of A

• Page 5, Line 4court from issuing a warrant with monetary conditions of bond for a

• Page 5, Line 5defendant who fails to appear in court as required or who violates a

• Page 5, Line 6condition of release. If a defendant is unable to post the monetary

• Page 5, Line 7condition of bond prior to the next individualized consideration of bond,

• Page 5, Line 8the judge, bonding commissioner, judicial officer, or judicial designee

• Page 5, Line 9with the power to set conditions of release shall release the person on personal recognizance.

• Page 5, Line 10(e)  (c)  The provisions of This subsection (2) do does not apply to:

• Page 5, Line 11(I)  A traffic offense involving death or bodily injury or a municipal offense with substantially similar elements;

• Page 5, Line 12(II)  Eluding or attempting to elude a police officer as described in

• Page 5, Line 13section 42-4-1413 or a municipal offense with substantially similar elements;

• Page 5, Line 14(III)  Operating a vehicle after circumventing an interlock device

• Page 5, Line 15as described in section 42-2-132.5 (10) or a municipal offense with substantially similar elements; and

• Page 5, Line 16(IV)  A municipal offense that has substantially similar elements to a state misdemeanor offense;

• Page 5, Line 17(V)  Subject to subsection (3) of this section, a petty

• Page 5, Line 18offense for theft, criminal mischief, or arson, or a comparable

• Page 5, Line 19municipal offense, if the defendant has previously failed to

• Page 5, Line 20appear for a court proceeding as required by a court two or

• Page 5, Line 21more times in the present case; and

• Page 6, Line 1(VI)  Subject to subsection (3) of this section, a petty

• Page 6, Line 2offense, traffic offense, or a comparable municipal offense or a

• Page 6, Line 3municipal offense for which there is no comparable state

• Page 6, Line 4offense, that is not listed in subsection (2)(c)(V) of this section

• Page 6, Line 5if the defendant has previously failed to appear for a court

• Page 6, Line 6proceeding as required by a court three or more times in the

• Page 6, Line 7present case and has another pending case for the same offense in the same jurisdiction.

• Page 6, Line 8(3)  A failure to appear that occurred on or after the

• Page 6, Line 9effective date of this subsection (3) qualifies as a previous

• Page 6, Line 10failure to appear for the purposes of subsections (1)(b)(VII), (2)(c)(V), and (2)(c)(VI) of this section only if the court:

• Page 6, Line 11(a)  Prior to issuing a warrant for the arrest of the

• Page 6, Line 12defendant for the previous failure to appear, conducted an

• Page 6, Line 13electronic search of available court databases or online

• Page 6, Line 14resources to determine whether the defendant was being held

• Page 6, Line 15in a correctional facility, as defined in section 17-1-102, or in the county jail for the county in which the court is located; and

• Page 6, Line 16(b)  At the time of the defendant's previous failure to appear:

• Page 6, Line 17(I)  Had a process that allows a defendant to informally

• Page 6, Line 18contact the court by remote means, including, but not limited

• Page 6, Line 19to, by phone or email, on or before the day of the court

• Page 6, Line 20appearance to request a continuance, and that after the

• Page 6, Line 21defendant engages the process, allows the court to require the

• Page 6, Line 22defendant to make the request in writing and send the request

• Page 6, Line 23to the court by any means, including email;

• Page 7, Line 1(II)  Had a process to quash a warrant for a failure to

• Page 7, Line 2appear that allows the defendant to contact the court for the

• Page 7, Line 3purpose of resetting the defendant's appearance after the

• Page 7, Line 4defendant's failure to appear but prior to the defendant's next

• Page 7, Line 5court proceeding, and that after the defendant engages the

• Page 7, Line 6process, allows the court to require the defendant to make the

• Page 7, Line 7request in writing and send the request to the court by any

• Page 7, Line 8means, including email, and a process to excuse a failure to appear if the defendant appears at the next court proceeding;

• Page 7, Line 9(III)  Had a process for the court to excuse a defendant's

• Page 7, Line 10failure to appear for a court proceeding if the defendant

• Page 7, Line 11produces evidence showing that their failure to appear was not willful or was caused by excusable neglect; and

• Page 7, Line 12(IV)  Posted the processes described in this subsection (3) online and at the courthouse, in both English and Spanish.

• Page 7, Line 13SECTION 2.  Act subject to petition - effective date -

• Page 7, Line 14applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 7, Line 15the expiration of the ninety-day period after final adjournment of the

• Page 7, Line 16general assembly; except that, if a referendum petition is filed pursuant

• Page 7, Line 17to section 1 (3) of article V of the state constitution against this act or an

• Page 7, Line 18item, section, or part of this act within such period, then the act, item,

• Page 7, Line 19section, or part will not take effect unless approved by the people at the

• Page 7, Line 20general election to be held in November 2026 and, in such case, will take

• Page 7, Line 21effect on the date of the official declaration of the vote thereon by the governor.

• Page 7, Line 22(2)  This act applies to offenses committed on or after the

• Page 7, Line 23applicable effective date of this act.