A Bill for an Act
Page 1, Line 101Concerning colorimetric field drug tests in cases involving
Page 1, Line 102drug possession.
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 person may be arrested and detained for level 1 drug misdemeanor possession.
The bill defines "colorimetric field drug test" and requires that when a colorimetric field drug test was used and a person is suspected of a level 1 drug misdemeanor for possession or a municipal drug possession charge, a peace officer shall not arrest the person and instead shall issue a summons.
The bill also requires that when a colorimetric field drug test was used, before accepting a plea from a person charged with a drug possession for level 4 drug felony possession and lower, the trial court is required to issue an advisement with specified language, including language stating that colorimetric field drug tests have known error rates and that the defendant has the right to enter a not guilty plea and to request drug testing from an accredited forensic laboratory.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 18-18-102, amend
Page 2, Line 3the introductory portion; and add (4.5) as follows:
Page 2, Line 418-18-102. Definitions.
Page 2, Line 5As used in this article 18, unless the context otherwise
Page 2, Line 6requires:
Page 2, Line 7(4.5) "Colorimetric field drug test" means a presumptive
Page 2, Line 8chemical screening method performed outside of a forensic
Page 2, Line 9laboratory by someone other than a forensic chemist that uses
Page 2, Line 10one or more reagent substances that, when brought into
Page 2, Line 11physical contact with an unknown substance, produces a visible
Page 2, Line 12color change intended to indicate the possible presence of a
Page 2, Line 13controlled substance.
Page 2, Line 14SECTION 2. In Colorado Revised Statutes, 18-18-403.5, add (7)
Page 2, Line 15and (8) as follows:
Page 2, Line 1618-18-403.5. Unlawful possession of a controlled substance -
Page 2, Line 17notice to revisor of statutes - repeal.
Page 2, Line 18(7) Notwithstanding subsections (2) and (2.5) of this
Page 2, Line 19section, when a colorimetric field drug test was used, a peace
Page 2, Line 20officer shall not arrest a person for a level 1 drug misdemeanor
Page 2, Line 21for possession of a controlled substance pursuant to subsection
Page 3, Line 1(2)(c) or (2.5)(a)(II) of this section, or for a municipal drug
Page 3, Line 2possession charge, and shall instead issue a summons and
Page 3, Line 3complaint pursuant to section 16-2-104.
Page 3, Line 4(8) Before accepting a plea from a person charged with
Page 3, Line 5possession of a controlled substance pursuant to subsection (1),
Page 3, Line 6(2), or (2.5) of this section, or for a drug possession offense in
Page 3, Line 7municipal court, when a colorimetric field drug test was used,
Page 3, Line 8a trial judge shall issue an advisement that includes the
Page 3, Line 9following language: "The court cannot accept a plea without
Page 3, Line 10first advising the defendant that presumptive colorimetric field
Page 3, Line 11drug tests are subject to false positive results. Presumptive
Page 3, Line 12colorimetric field drug tests have known error rates and are
Page 3, Line 13inadmissible in court. The defendant has the right to enter a not
Page 3, Line 14guilty plea and to request drug testing by an accredited
Page 3, Line 15forensic laboratory."
Page 3, Line 16SECTION 3. In Colorado Revised Statutes, amend 16-2-104 as
Page 3, Line 17follows:
Page 3, Line 1816-2-104. Issuance of summons and complaint.
Page 3, Line 19(1) A summons and complaint may be issued by
anyPage 3, Line 20officer for an offense constituting a misdemeanor or a petty offense
Page 3, Line 21committed in the peace officer's presence or, if not committed in the
Page 3, Line 22peace officer's presence, that the peace officer has probable cause to
Page 3, Line 23believe was committed and probable cause to believe was committed by
Page 3, Line 24the person charged. Except for:
Page 3, Line 25(a) Penalty assessment notices, which must be handled pursuant
Page 3, Line 26to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of
Page 3, Line 27a summons and complaint so issued must be filed immediately with the
Page 4, Line 1county court before which appearance is required, and a second copy
Page 4, Line 2must be given to the district attorney or deputy district attorney for the
Page 4, Line 3county; and
Page 4, Line 4(b) When a colorimetric field drug test was used and a
Page 4, Line 5person is suspected of a level 1 drug misdemeanor for possession
Page 4, Line 6of a controlled substance pursuant to section 18-18-403.5 (2)(c)
Page 4, Line 7or (2.5)(a)(II), or for a municipal drug possession charge, a peace
Page 4, Line 8officer shall issue a summons and complaint and shall not
Page 4, Line 9arrest the person.
Page 4, Line 10SECTION 4. In Colorado Revised Statutes, 16-3-105, amend (2);
Page 4, Line 11and add (1.3) as follows:
Page 4, Line 1216-3-105. Release by arresting authority.
Page 4, Line 13(1.3) Notwithstanding subsection (1) of this section, if a
Page 4, Line 14person is suspected of a level 1 drug misdemeanor for possession
Page 4, Line 15of a controlled substance pursuant to section 18-18-403.5 (2)(c)
Page 4, Line 16or (2.5)(a)(II), or of drug possession in violation of municipal law,
Page 4, Line 17and a colorimetric field drug test was used, the peace officer
Page 4, Line 18shall not arrest the person and shall instead release the person
Page 4, Line 19and issue a summons commanding the person's appearance at a
Page 4, Line 20later date.
Page 4, Line 21(2) If the person is released in accordance with
subsection (1)(b)Page 4, Line 22subsections (1)(b) or (1.3) of this section,
hePage 4, Line 23a summons and complaint as provided for in sections 16-2-104 and
Page 4, Line 2416-2-106 and shall sign a written acknowledgment of its receipt and a
Page 4, Line 25promise to appear at the time and place specified.
Page 4, Line 26SECTION 5. In Colorado Revised Statutes, 16-5-206, add
Page 4, Line 27(1.5)(a.5) as follows:
Page 5, Line 116-5-206. Summons instead of warrant.
Page 5, Line 2(1.5) (a.5) Notwithstanding subsections (1) and (1.5)(a) of
Page 5, Line 3this section, if a person is suspected of a level 1 drug
Page 5, Line 4misdemeanor for possession of a controlled substance pursuant
Page 5, Line 5to section 18-18-403.5 (2)(c) or (2.5)(a)(II), or of drug possession in
Page 5, Line 6violation of municipal law, and a colorimetric field drug test
Page 5, Line 7was used, a law enforcement officer shall issue a summons
Page 5, Line 8commanding the appearance of the defendant instead of a
Page 5, Line 9warrant for the defendant's arrest.
Page 5, Line 10SECTION 6. Applicability. This act applies to offenses
Page 5, Line 11committed on or after the effective date of this act.
Page 5, Line 12SECTION 7. Safety clause. The general assembly finds,
Page 5, Line 13determines, and declares that this act is necessary for the immediate
Page 5, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 15the support and maintenance of the departments of the state and state
Page 5, Line 16institutions.