House Bill 17-1316 – “Delay Implementation Of House Bill 16-1309”

Concerning delaying the implementation of House Bill 16-1309.

Summary:

House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant’s right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16-1309 until July 1, 2018.

Sponsors:

Senator Vicki Marble | Senator Stephen Fenberg | Representative Jovan Melton | Representative Edie Hooton

Signed on June 6th 2017 By: Crisanta Duran (Speaker of The House of Representatives) ; Kevin J. Grantham (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 17-1338 – “Municipal Court Bond Hold Notification and Hearing”

Concerning a requirement for a timely hearing for a defendant in jail with a municipal court hold.

Summary:

If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold is the sole basis for the person’s detention, notify the municipal court of the hold within 4 hours. All municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. Once a demanding municipal court receives the notice that its hold is the sole basis for the detention, the court shall hold a hearing within 2 days of receiving the notice; except that if the defendant has failed to appear at least twice in the case and the jail is in a different county than the county where the municipality is located, the demanding municipal court shall hold a hearing within 4 days. At the hearing the municipal court must either:

  • Arraign the defendant; or
  • If the defendant is being held for failure to appear, conduct the proceedings related to the failure to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness.

If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the defendant on bond under the least restrictive conditions possible. If the defendant does not appear before the municipal court within the required time frames, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. A municipal court shall adopt standing orders to effectuate the defendant’s release if the defendant is not transferred to the municipal court within the required time frames.

Sponsors:

Senator Vicki Marble | Representative Jeff Bridges | Representative Larry Liston

Signed on June 6th 2017 By: Crisanta Duran (Speaker of The House of Representatives) ; Kevin J. Grantham (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 17-1369 – “Bonds Persons Fail Appear Due Immigration Issues”

Concerning bond procedures for persons not appearing in court due to immigration-related issues.

Summary:

The bill is known as the ‘Bond Surety Protection Act’.

The bill changes what happens with bonds posted for a defendant’s appearance if a defendant is determined to be illegally present in the country and doesn’t appear in court due to being removed from the country. Instead of forfeiture of the bond, a compensated surety who posted bond or a bail bonding agent who posted bond, or a non-compensated surety, such as a family member or friend, who executed a bail bond for a defendant, is exonerated from liability on the bond if the compensated surety or the non-compensated surety provides satisfactory evidence to the court that the defendant has been removed from the country. The bill requires the court to exonerate the bail bond if all of the following occur:

  • The compensated or non-compensated surety files a motion requesting exoneration of the bail bond;
  • The compensated or non-compensated surety files an affidavit along with the motion stating that the surety has received information from the United States department of homeland security, the United States immigration and customs enforcement, or a foreign consulate that the defendant has been detained or removed from the United States. If the surety is unable to obtain such information from the above sources, the surety must file an affidavit that is signed under penalty of perjury by a person with personal knowledge that the defendant has been detained or removed from the United States.
  • The district attorney does not object.

If the court exonerates the liability on the bail bond and the bond premium has been paid, any collateral securing the bail bond is released.

The bill repeals current law that requires notification of people or sureties that their bond or fees will be forfeited if the defendant is removed from the country. On and after the effective date of the bill, a law enforcement agency holding a person charged with a criminal offense is prohibited from notifying the defendant’s bail bonding agent or non-compensated surety before the bond is posted that his or her bond or fees will be forfeited if the defendant is removed from the country, and law enforcement officers are prohibited from asking a defendant or a person other than a bail bonding agent to execute a waiver that states that he or she understands that the bond or fees shall be forfeited if the defendant is removed from the country. A bail bonding agent shall not communicate to a defendant that his or her bond fees shall be forfeited if the defendant is removed from the country.

The bill repeals current law regarding the crediting of revenue from forfeited bonds into the county jail assistance fund. The bill directs the state treasurer to transfer the balance remaining in the county jail assistance fund to the general fund and then abolishes and repeals the county jail assistance fund.

Sponsors:

Senator Vicki Marble | Representative Dan Pabon

Signed on June 6th 2017 By: Crisanta Duran (Speaker of The House of Representatives) ; Kevin J. Grantham (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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