House Bill 25-1304 Revised

A Bill for an Act

• Page 1, Line 101Concerning the extension of the restitution deadline for a

• Page 1, Line 102trial court after an order of conviction enters in a

• Page 1, Line 103criminal case.

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.)

Currently, the law gives a trial court judge 91 days from the day a conviction enters in a criminal case to order restitution, which is the monetary loss a victim suffers due to a defendant's criminal conduct. The bill extends the amount of time that a trial court judge has to rule on restitution requests in criminal cases from 91 days total to 91 days after the prosecuting attorney submits restitution material, or 182 days following the entry of conviction, whichever is earlier.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 18-1.3-603, amend(1) introductory portion, (1)(b), and (2)(a) as follows:

• Page 2, Line 318-1.3-603.  Assessment of restitution - corrective orders.

• Page 2, Line 4(1)  Every order of conviction of a felony, misdemeanor, petty offense, or

• Page 2, Line 5traffic misdemeanor offense, except any order of conviction for a state

• Page 2, Line 6traffic misdemeanor offense issued by a municipal or county court in

• Page 2, Line 7which the prosecuting attorney is acting as a special deputy district

• Page 2, Line 8attorney pursuant to an agreement with the district attorney's office, shall

• Page 2, Line 9must include consideration of restitution. Each such order shall must include one or more of the following:

• Page 2, Line 10 (b)  An order that the defendant is obligated to pay restitution,

• Page 2, Line 11but that the specific amount of restitution shall be is determined within

• Page 2, Line 12the ninety-one sixty-three days following the prosecuting

• Page 2, Line 13attorney's submission of restitution information presented to

• Page 2, Line 14the court as required by subsection (2)(a) of this section, or

• Page 2, Line 15within the sixty-three days immediately following the order of

• Page 2, Line 16conviction, whichever is later, unless good cause is shown for

• Page 2, Line 17extending the time period by which the restitution amount shall be is determined;

• Page 2, Line 18(2) (a)  The court shall base its order for restitution upon

• Page 2, Line 19information presented to the court by the prosecuting attorney, who shall

• Page 2, Line 20compile such information through victim impact statements or other

• Page 2, Line 21means to determine the amount of restitution and the identities of the

• Page 2, Line 22victims. Further, the prosecuting attorney shall present this information

• Page 3, Line 1to the court prior to the order of conviction or within ninety-one

• Page 3, Line 2sixty-three days, if it is not available prior to the order of conviction.

• Page 3, Line 3The court may extend this date if it finds that there are extenuating

• Page 3, Line 4circumstances affecting the prosecuting attorney's ability to determine restitution.

• Page 3, Line 5SECTION 2.  Applicability. This act applies to defendants sentenced on or after the effective date of this act.

• Page 3, Line 6SECTION 3.  Safety clause. The general assembly finds,

• Page 3, Line 7determines, and declares that this act is necessary for the immediate

• Page 3, Line 8preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 9the support and maintenance of the departments of the state and state institutions.