Senate Committee of Reference Report
Committee on Judiciary
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
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March 9, 2026
After consideration on the merits, the Committee recommends the following:
SB26-112 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, amend 16-4-113 as
Page 1, Line 4follows:
Page 1, Line 516-4-113. Type of bond in certain nonfelony cases.
Page 1, Line 6(1) (a) In exercising the discretion mentioned in section 16-4-104,
Page 1, Line 7the Except in the circumstances described in subsection (1)(b) of
Page 1, Line 8this section, if an accused person is charged with committing an
Page 1, Line 9offense for which the maximum penalty does not exceed six
Page 1, Line 10months' imprisonment, a judge shall release the accused person upon
Page 1, Line 11personal recognizance if the charge is any offense for a violation of which
Page 1, Line 12the maximum penalty does not exceed six months' imprisonment, and the
Page 1, Line 13and, except as provided in subsection (1)(b) of this section, shall
Page 1, Line 14not require the accused person shall not be required to supply a surety
Page 1, Line 15bond, or give security of any kind for their appearance for trial other than
Page 1, Line 16their personal recognizance. unless one or more of the following facts are
Page 1, Line 17found to be present:
Page 1, Line 18(b) A judge may require an accused person to supply a
Page 1, Line 19surety bond or give security for the accused person's
Page 1, Line 20appearance for trial other than their personal recognizance if:
Page 1, Line 21(a) (I) The arrested person fails to sufficiently identify himself or
Page 1, Line 22herself themself; or
Page 1, Line 23(b) (II) The arrested person refuses to sign a personal
Page 1, Line 24recognizance; or
Page 1, Line 25(c) (III) The continued detention or posting of a surety bond is
Page 1, Line 26necessary to prevent imminent bodily harm to the accused person or to
Page 1, Line 27another; or
Page 2, Line 1(d) (IV) The arrested person has no ties to the jurisdiction of the
Page 2, Line 2court reasonably sufficient to assure his or her their appearance, and
Page 2, Line 3there is substantial likelihood that he or she the person will fail to
Page 2, Line 4appear for trial if released upon his or her their personal recognizance;
Page 2, Line 5or
Page 2, Line 6(e) (V) The arrested person has previously failed to appear for trial
Page 2, Line 7for an offense concerning which he or she the person had given his
Page 2, Line 8their written promise to appear; or
Page 2, Line 9(f) (VI) There is outstanding a warrant for his or her the person's
Page 2, Line 10arrest on any other charge, or there are pending proceedings against him
Page 2, Line 11or her them for suspension or revocation of parole or probation; or
Page 2, Line 12(VII) Subject to subsection (3) of this section, the person
Page 2, Line 13has previously failed to appear for a court proceeding as
Page 2, Line 14required by a court three or more times in the present case.
Page 2, Line 15(c) This subsection (1) applies in state and municipal
Page 2, Line 16courts.
Page 2, Line 17(2) (a) A court shall not impose a monetary condition of
Page 2, Line 18release for a defendant charged with:
Page 2, Line 19(I) A traffic offense, a petty offense, or a comparable municipal
Page 2, Line 20offense, a court shall not impose a monetary condition of release. If the
Page 2, Line 21including a comparable municipal offense that is a property crime and
Page 2, Line 22the factual basis reflects a value of property loss or damage that would be
Page 2, Line 23a petty offense property crime if charged under state law; this subsection
Page 2, Line 24(2)(a) applies. and
Page 2, Line 25(II) A municipal offense for which there is no comparable
Page 2, Line 26state misdemeanor offense.
Page 2, Line 27(b) For a defendant charged with a municipal offense for which
Page 2, Line 28there is no comparable state misdemeanor offense, the court shall not
Page 2, Line 29impose a monetary condition of release.
Page 2, Line 30(c) (b) This subsection (2) does not prohibit:
Page 2, Line 31(I) The release of a defendant, pursuant to local pretrial
Page 2, Line 32release policies, after arrest but prior to an individual consideration of
Page 2, Line 33bond by a judge, bonding commissioner, judicial officer, or judicial
Page 2, Line 34designee with the power to set conditions of release, this subsection (2)
Page 2, Line 35does not prohibit the release of a defendant pursuant to local pretrial
Page 2, Line 36release policies, including those local pretrial release policies that
Page 2, Line 37require payment of a monetary condition of release, if the defendant is
Page 2, Line 38first informed that the defendant is entitled to release on a personal
Page 2, Line 39recognizance bond; or
Page 2, Line 40(d) (II) Nothing in this subsection (2) prohibits the issuance of A
Page 2, Line 41court from issuing a warrant with monetary conditions of bond for a
Page 2, Line 42defendant who fails to appear in court as required or who violates a
Page 2, Line 43condition of release. If a defendant is unable to post the monetary
Page 3, Line 1condition of bond prior to the next individualized consideration of bond,
Page 3, Line 2the judge, bonding commissioner, judicial officer, or judicial designee
Page 3, Line 3with the power to set conditions of release shall release the person on
Page 3, Line 4personal recognizance.
Page 3, Line 5(e) (c) The provisions of This subsection (2) do does not apply to:
Page 3, Line 6(I) A traffic offense involving death or bodily injury or a
Page 3, Line 7municipal offense with substantially similar elements;
Page 3, Line 8(II) Eluding or attempting to elude a police officer as described in
Page 3, Line 9section 42-4-1413 or a municipal offense with substantially similar
Page 3, Line 10elements;
Page 3, Line 11(III) Operating a vehicle after circumventing an interlock device
Page 3, Line 12as described in section 42-2-132.5 (10) or a municipal offense with
Page 3, Line 13substantially similar elements; and
Page 3, Line 14(IV) A municipal offense that has substantially similar elements
Page 3, Line 15to a state misdemeanor offense; and
Page 3, Line 16(V) Subject to subsection (3) of this section, a petty
Page 3, Line 17offense for theft, criminal mischief, or arson, or a comparable
Page 3, Line 18municipal offense, if the defendant has previously failed to
Page 3, Line 19appear for a court proceeding as required by a court three or
Page 3, Line 20more times in the present case.
Page 3, Line 21(3) A failure to appear that occurred on or after the
Page 3, Line 22effective date of this subsection (3) qualifies as a previous
Page 3, Line 23failure to appear for the purposes of subsections (1)(b)(VII) and
Page 3, Line 24(2)(c)(V) of this section only if the court:
Page 3, Line 25(a) Prior to issuing a warrant for the arrest of the
Page 3, Line 26defendant for the previous failure to appear, conducted an
Page 3, Line 27electronic search of available court databases or online
Page 3, Line 28resources to determine whether the defendant was being held
Page 3, Line 29in a correctional facility, as defined in section 17-1-102, or in the
Page 3, Line 30county jail for the county in which the court is located; and
Page 3, Line 31(b) At the time of the defendant's previous failure to
Page 3, Line 32appear:
Page 3, Line 33(I) Had a process that allows a defendant to informally
Page 3, Line 34contact the court by remote means, including, but not limited
Page 3, Line 35to, by phone or email, on or before the day of the court
Page 3, Line 36appearance to request a continuance, and that after the
Page 3, Line 37defendant engages the process, allows the court to require the
Page 3, Line 38defendant to make the request in writing and send the request
Page 3, Line 39to the court by any means, including email;
Page 3, Line 40(II) Had a process to quash a warrant for a failure to
Page 3, Line 41appear that allows the defendant to contact the court for the
Page 3, Line 42purpose of resetting the defendant's appearance after the
Page 3, Line 43defendant's failure to appear but prior to the defendant's next
Page 4, Line 1court proceeding, and that after the defendant engages the
Page 4, Line 2process, allows the court to require the defendant to make the
Page 4, Line 3request in writing and send the request to the court by any
Page 4, Line 4means, including email, and a process to excuse a failure to
Page 4, Line 5appear if the defendant appears at the next court proceeding;
Page 4, Line 6(III) Had a process for the court to excuse a defendant's
Page 4, Line 7failure to appear for a court proceeding if the defendant
Page 4, Line 8produces evidence showing that their failure to appear was not
Page 4, Line 9willful or was caused by excusable neglect; and
Page 4, Line 10(IV) Posted the processes described in this subsection (3)
Page 4, Line 11online and at the courthouse, in both English and Spanish.
Page 4, Line 12SECTION 2. Act subject to petition - effective date -
Page 4, Line 13applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 14the expiration of the ninety-day period after final adjournment of the
Page 4, Line 15general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 4, Line 162026); except that, if a referendum petition is filed pursuant to section 1
Page 4, Line 17(3) of article V of the state constitution against this act or an item, section,
Page 4, Line 18or part of this act within such period, then the act, item, section, or part
Page 4, Line 19will not take effect unless approved by the people at the general election
Page 4, Line 20to be held in November 2026 and, in such case, will take effect on the
Page 4, Line 21date of the official declaration of the vote thereon by the governor.
Page 4, Line 22(2) This act applies to offenses committed on or after the
Page 4, Line 23applicable effective date of this act.".