House Bill 25-1304 Introduced

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 and (1)(b) 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, but

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

• Page 2, Line 12ninety-one days following the prosecuting attorney's

• Page 2, Line 13presentation of restitution information to the court as required

• Page 2, Line 14by subsection (2)(a) of this section within ninety-one days

• Page 2, Line 15immediately following the order of conviction, or the one

• Page 2, Line 16hundred eighty-two days immediately following the order of

• Page 2, Line 17conviction, unless good cause is shown for extending the time period by

• Page 2, Line 18which the restitution amount shall be determined whichever is earlier;

• Page 2, Line 19except that, if the prosecuting attorney presents restitution

• Page 2, Line 20information to the trial court before the order of conviction

• Page 2, Line 21enters, the trial court shall determine the specific amount of

• Page 2, Line 22restitution within ninety-one days following the order of

• Page 2, Line 23conviction. The trial court may extend the time period by which

• Page 3, Line 1the specific restitution amount must be determined for good cause shown.

• Page 3, Line 2SECTION 2.  Safety clause. The general assembly finds,

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

• Page 3, Line 4preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 5the support and maintenance of the departments of the state and state institutions.