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Bill > HB1276

CO HB1276

Court Actions Related to Failure to Appear in Court

summary

Introduced
02/20/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Under current law, a court is required to release a person on a personal recognizance bond if the person was charged with an offense for a violation with a maximum penalty that does not exceed 6 months' imprisonment, and the court cannot require the person to give security of any kind for their appearance for trial other than their personal recognizance, unless certain conditions exist. The bill clarifies these provisions apply in both state and municipal courts. The bill adds to the conditions for which a person may be required to give security that the defendant previously failed to appear in court 2 or more times in the present case. Existing law prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, or a municipal offense for which there is no comparable state misdemeanor offense, with specified exceptions. The bill adds exceptions for: ! A petty offense for theft, criminal mischief, or arson, or a comparable municipal offense, or a municipal offense involving threats of violence, injury, or property damage, if the defendant has previously failed to appear in court 2 or more times in the present case; and ! Any other petty offense, traffic offense, or a comparable municipal offense or a municipal offense for which there is no comparable state offense, if the defendant has previously failed to appear for a court proceeding 3 or more times in the present case and has another pending charge for the same offense in the same jurisdiction. The bill applies the exceptions involving previous instances of a defendant's failure to appear for a court proceeding only when, prior to issuing a warrant for the arrest of the defendant for the previous failure to appear, the court conducted a search to determine whether the defendant was being held in a correctional facility or county jail, and at the time of the previous failure to appear, the court had certain processes in place governing failures to appear.

AI Summary

This bill modifies court procedures related to personal recognizance bonds and monetary conditions of release, primarily focusing on cases involving defendants who have repeatedly failed to appear in court. The bill allows judges more flexibility in requiring financial security or bonds for defendants charged with offenses carrying up to six months' imprisonment, specifically when the defendant has failed to appear in court multiple times. For traffic, petty, and municipal offenses, courts can now impose monetary conditions of release under certain circumstances, such as when a defendant has failed to appear two or three times in the same case. The bill introduces important procedural safeguards, requiring courts to have specific processes in place before counting a previous failure to appear, including conducting electronic searches to verify if the defendant was incarcerated and establishing clear mechanisms for defendants to contact the court, request continuances, or explain their absence. The changes apply to both state and municipal courts and will take effect after the typical ninety-day legislative review period, with potential voter approval in November 2026 if a referendum petition is filed. The bill aims to balance defendants' rights with court efficiency and accountability.

Committee Categories

Justice

Sponsors (4)

Last Action

House Committee on Judiciary Postpone Indefinitely (on 04/08/2025)

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