House Bill 25-1049 Preamended

A Bill for an Act

• Page 1, Line 101Concerning communication rights for persons in custody.

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/.)

Legislative Oversight Committee Concerning Colorado Jail Standards. Current law allows a person who is committed, imprisoned, or arrested (person in custody) the right to communicate with an attorney or family member by making a reasonable number of telephone calls or through any other reasonable manner. The bill adds the right for a person in custody to receive a reasonable number of telephone calls or other reasonable communications and to communicate through interactive audiovisual conferencing, if available.

Current law allows a person in custody the right to consult with an attorney. The bill clarifies that the person in custody has the right to make and receive private and unrecorded legal telephone calls without cost, and, alternatively, to communicate through private unrecorded interactive audiovisual conferencing.

Current law requires all peace officers or individuals who have a person in custody to allow the person in custody to see and consult with an attorney, alone and in private, at the location the person in custody is being held. The bill expands this requirement to allow the attorney for the person in custody to call and consult with the person in custody by telephone through a private and unrecorded legal telephone call without cost or by making and receiving private and unrecorded interactive audiovisual conferencing calls without cost.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 16-3-402, amend (1),

• Page 2, Line 3(2), and (3) as follows:

• Page 2, Line 416-3-402.  Right to communicate with attorney and family.

• Page 2, Line 5(1)  Persons who are arrested shall have A person who is arrested has

• Page 2, Line 6the right to communicate with an attorney of their the person's choice

• Page 2, Line 7and a member of their the person's family by making a reasonable

• Page 2, Line 8number of telephone calls or by communicating in any other reasonable

• Page 2, Line 9manner. Such The communication shall must be permitted at the earliest

• Page 2, Line 10possible time after arrival at the police station, sheriff's office, jail, or

• Page 2, Line 11other like confinement facility to which such the person is first taken

• Page 2, Line 12after arrest.

• Page 2, Line 13(2)  If the accused person is transferred to a new place of custody,

• Page 2, Line 14his the accused person's right to communicate with an attorney and a

• Page 2, Line 15member of his the accused person's family is renewed.

• Page 2, Line 16(3) (a)  Consistent with the provisions of section 21-1-103, C.R.S.,

• Page 2, Line 17if any a person in custody indicates in any manner his the desire to speak

• Page 2, Line 18with an attorney, or the court determines that an inquiry into the matter of

• Page 3, Line 1indigency should occur, the a public defender shall be is permitted to

• Page 3, Line 2communicate with that person in person or through telephone calls

• Page 3, Line 3and, if available, interactive audiovisual conferencing or any

• Page 3, Line 4other reasonable and available method to determine whether that

• Page 3, Line 5the person in custody has counsel, and, if whether the person in

• Page 3, Line 6custody desires that representation from the public defender, or

• Page 3, Line 7public defender's agent,represent him, and to make an initial

• Page 3, Line 8determination as to whether the person in custody is indigent. If the

• Page 3, Line 9public defender determines that the person in custody is indigent, such

• Page 3, Line 10the person in custody shall apply for representation by the public

• Page 3, Line 11defender in accordance with section 21-1-103. C.R.S.

• Page 3, Line 12(b)  The public defender, upon his request and with due regard for

• Page 3, Line 13reasonable law enforcement administrative procedures, shall be is

• Page 3, Line 14permitted to determine whether or not any a person in custody has been

• Page 3, Line 15taken without unnecessary delay before the nearest available county or

• Page 3, Line 16district judge.

• Page 3, Line 17SECTION 2.  In Colorado Revised Statutes, amend 16-3-403 as

• Page 3, Line 18follows:

• Page 3, Line 1916-3-403.  Right to consult with attorney.Any A person

• Page 3, Line 20committed, imprisoned, or arrested for any cause, whether or not such

• Page 3, Line 21the person is charged with an offense, shall be is allowed to consult in

• Page 3, Line 22person, alone, and privately at the place of custody, and by

• Page 3, Line 23making and receiving private unrecorded legal telephone calls

• Page 3, Line 24without cost, or, alternatively, by making and receiving private

• Page 3, Line 25unrecorded interactive audiovisual conferencing calls without

• Page 3, Line 26cost, with an attorney-at-law of this state and other professionals

• Page 3, Line 27under contract with the office of alternate defense counsel

• Page 4, Line 1and authorized to work with an attorney appointed by the court

• Page 4, Line 2whom such the person desires to see or consult alone and in private at the

• Page 4, Line 3place of custody, by making and receiving private and unrecorded

• Page 4, Line 4legal telephone calls without cost, or, alternatively, by

• Page 4, Line 5communicating through private and unrecorded interactive

• Page 4, Line 6audiovisual conferencing, as many times and for such period each

• Page 4, Line 7time as is reasonable. Except where extradition proceedings have been

• Page 4, Line 8completed or are not required by law, when any such a person in

• Page 4, Line 9custody is about to be moved beyond the limits of this state, the person

• Page 4, Line 10to be moved shall be in custody is entitled to a reasonable delay for the

• Page 4, Line 11purpose of obtaining counsel and of availing himself of benefiting from

• Page 4, Line 12the laws of this state for the security of personal liberty.

• Page 4, Line 13SECTION 3.  In Colorado Revised Statutes, 16-3-404, amend (2);

• Page 4, Line 14and add (1.5) as follows:

• Page 4, Line 1516-3-404.  Duty of officers to admit attorney and allow

• Page 4, Line 16attorney communications. (1.5)  All peace officers or persons

• Page 4, Line 17having in custody a person who is committed, imprisoned, or

• Page 4, Line 18arrested for any alleged cause shall allow any

• Page 4, Line 19attorney-at-law in this state and other professionals under

• Page 4, Line 20contract with the office of alternate defense counsel and

• Page 4, Line 21authorized to work with an attorney appointed by the court

• Page 4, Line 22who is the attorney for the person in custody to call by

• Page 4, Line 23telephone and speak with or consult with the person who is in

• Page 4, Line 24custody, through a private and unrecorded call, while the

• Page 4, Line 25person who is in custody is at the jail or other place of custody,

• Page 4, Line 26or, alternatively, to communicate through interactive

• Page 4, Line 27audiovisual conferencing if the person in custody expressly

• Page 5, Line 1consents to receive the call or consult with the attorney.

• Page 5, Line 2(2)  Any A peace officer or person violating who violates the

• Page 5, Line 3duty duties imposed by this section subsection (1) or (1.5) of this

• Page 5, Line 4section or section 16-3-403 shall forfeit and pay not less than one

• Page 5, Line 5hundred dollars nor more than one thousand dollars to the person

• Page 5, Line 6committed, imprisoned, or arrested or to his the person's attorney

• Page 5, Line 7for the benefit of the person committed, imprisoned, or arrested, to

• Page 5, Line 8be recovered in any court of competent jurisdiction.

• Page 5, Line 9SECTION 4.  Act subject to petition - effective date. This act

• Page 5, Line 10takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 11ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 12that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 13of the state constitution against this act or an item, section, or part of this

• Page 5, Line 14act within such period, then the act, item, section, or part will not take

• Page 5, Line 15effect unless approved by the people at the general election to be held in

• Page 5, Line 16November 2026 and, in such case, will take effect on the date of the

• Page 5, Line 17official declaration of the vote thereon by the governor.