A Bill for an Act
Page 1, Line 101Concerning contempt of court for failure to appear charges
Page 1, Line 102in municipal court.
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.)
The bill prohibits a person's failure to appear from forming the basis of a municipal criminal charge against the person and prohibits a municipal judge from imposing a jail sentence for a person's failure to appear. The bill adds the failure to appear and contempt of court for the failure to appear prohibitions to the list of state laws that cannot be superseded by a charter or ordinance enacted by a home rule city.
The bill clarifies that, for purposes of the bill, failure to appear includes contempt of court for the failure to appear or any other term used by a municipality to refer to a person's failure to appear at a scheduled court date.
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 13-10-103 as follows:
Page 2, Line 313-10-103. Applicability. This article 10 applies to and governs
Page 2, Line 4the operation of municipal courts in the cities and towns of this state.
Page 2, Line 5Except for the provisions relating to the method of salary payment for
Page 2, Line 6municipal judges; the incarceration of children pursuant to sections
Page 2, Line 719-2.5-305 and 19-2.5-1511; the appearance of the parent, guardian, or
Page 2, Line 8lawful custodian of any child under eighteen years of age who is charged
Page 2, Line 9with a municipal offense as required by section 13-10-111; the failure
Page 2, Line 10to appear pursuant to section 13-10-127; the right to a trial by jury
Page 2, Line 11for petty offenses pursuant to section 16-10-109; relief from improperly
Page 2, Line 12entered guilty pleas pursuant to section 18-1-410.6; the prosecution of an
Page 2, Line 13alleged act of domestic violence, as defined in section 18-6-800.3;
Page 2, Line 14making a criminal court proceeding conducted in open court available for
Page 2, Line 15remote public viewing and listening in real time; rules of procedure
Page 2, Line 16promulgated by the supreme court; and appellate procedure, this article
Page 2, Line 1710 may be superseded by charter or ordinance enacted by a home rule city.
Page 2, Line 18 SECTION 2. In Colorado Revised Statutes, add 13-10-127 as follows:
Page 2, Line 1913-10-127. Failure to appear. (1) A person's failure to
Page 2, Line 20appear in person or by counsel at the place and time specified in
Page 3, Line 1the summons or summons and complaint, or failure to appear in
Page 3, Line 2person or by counsel on any subsequent date, served upon the
Page 3, Line 3person must not form the basis of a municipal criminal charge against the person.
Page 3, Line 4(2) This section applies to any municipal ordinance
Page 3, Line 5premised on a person's failure to appear, regardless of whether
Page 3, Line 6a municipality refers to this situation as a failure to appear, contempt of court for a failure to appear, or by any other name.
Page 3, Line 7(3) Nothing in this section limits a municipal court's
Page 3, Line 8inherent judicial contempt power or prohibits a municipal judge
Page 3, Line 9from issuing a bench warrant upon a person's failure to appear
Page 3, Line 10or from considering a person's failure to appear for the purpose of setting an appropriate bond at a subsequent bond hearing.
Page 3, Line 11SECTION 3. Safety clause. The general assembly finds,
Page 3, Line 12determines, and declares that this act is necessary for the immediate
Page 3, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 14the support and maintenance of the departments of the state and state institutions.