NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1262
      
      
      BY REPRESENTATIVE(S) Casso, Apuan, King S., Looper, McFadyen,
      Merrifield, Nikkel, Pace, Roberts, Ryden, Schafer S., Todd, Waller;
      also SENATOR(S) Morse, Carroll M.
      
      
      Concerning the issuance of a summons instead of an arrest
           warrant in certain circumstances.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  16-5-206 (1), Colorado Revised Statutes, is amended
      to read:
      
           16-5-206.  Summons in lieu of warrant.  (1)  Except in class 1,
      class 2, and class 3 felonies and in unclassified felonies punishable by a
      maximum penalty of more than ten years, if an indictment is returned or an
      information, felony complaint, or complaint has been filed prior to the arrest
      of the person named as defendant therein, the court with the consent of the
      prosecuting attorney, has power to issue a summons commanding the
      appearance of the defendant in lieu of a warrant for his or her arrest
      unless a law enforcement officer presents in writing a basis to
      believe there is a significant risk of flight or that the victim or
      public safety may be compromised.
      
           SECTION 2.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 5, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO