House Bill 16-1309 – “Right To Counsel In Municipal Court”

Concerning a defendant’s right to counsel in certain cases considered by municipal courts.

Summary:

At the time of first appearance on a municipal charge, if the defendant is in custody and the charged offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement, the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel.

If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.

Sponsors:

Senator Vicki Marble | Representative Susan Lontine

Signed on June 11th 2016 @ 9:15am By: Dickey Lee Hullinghorst (Speaker of The House of Representatives) ; Bill L. Cadman (President of The Senate) ; Marilyn Eddins (Chief Clerk of The House of Representatives) ; Effie Ameen (Secretary of The Senate) ; John W. Hickenlooper (Governor of The State of Colorado)

House Bill 16-1311 – “Procedure When Orders Require Monetary Payments”

Concerning court orders requiring payment of monetary amounts.

Summary:

The act modifies the procedures by requiring notice to a defendant that if he or she is unable to pay:

  • The defendant may appear in court and request a reduction in the amount or an alternative sentence that does not involve incarceration; and
  • The court will not jail or otherwise punish the defendant for his or her inability to pay.

The act also prohibits a court from:

  • Accepting a guilty plea for contempt of court for failure to pay unless the court finds that the defendant has the ability to pay and the payment will not be an undue hardship on the defendant or the defendant’s dependents; or
  • Issuing a warrant for failure to pay money or to appear when ordered to pay money unless the existing procedural provisions are followed.

The act specifies what undue hardship means and lists items a court shall consider in determining undue hardship.

Sponsors:

Senator Vicki Marble | Senator Morgan Carroll | Representative Joseph Salazar

Signed on June 10th 2016 By: Dickey Lee Hullinghorst (Speaker of The House of Representatives) ; Bill L. Cadman (President of The Senate) ; Marilyn Eddins (Chief Clerk of The House of Representatives) ; Effie Ameen (Secretary of The Senate) ; John W. Hickenlooper (Governor of The State of Colorado)

House Bill 16-1367 – “County Categories For Officers For Salary Purposes”

Concerning the re-categorization of certain counties for the purpose of determining salaries paid to county officers in those counties.

Summary:

Prior to 2015, counties were classified into primary categories I to VII for purposes of determining the salaries of county officers. Four subcategories, A to D, were added to each primary category in 2015, which would result in the following percentage increases for terms beginning on or after January 1, 2016:

  • Subcategory A: 30% increase;
  • Subcategory B: 20% increase;
  • Subcategory C: 10% increase; and
  • Subcategory D: No increase.

All counties were classified in subcategory A of their respective primary categories, which would have resulted in a 30% increase for all county officers in the state. The act modifies the classifications of certain counties, resulting in smaller increases for officers from these counties.

Sponsors:

Senator Vicki Marble | Senator Mary Hodge | Representative Bob Rankin | Representative Millie Hamner

Signed on June 10th 2016 @ 9:10am By: Dickey Lee Hullinghorst (Speaker of The House of Representatives) ; Bill L. Cadman (President of The Senate) ; Marilyn Eddins (Chief Clerk of The House of Representatives) ; Effie Ameen (Secretary of The Senate) ; John W. Hickenlooper (Governor of The State of Colorado)

Paid for by Marble for Senate District 23.
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