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 11-1189
      
      
      BY REPRESENTATIVE(S) Fields, Schafer S., Todd, Vigil, Barker,
      Duran, Fischer, Gardner B., Hamner, Labuda, Peniston, Summers;
      also SENATOR(S) King K., King S.
      
      
      Concerning bail bond conditions for those arrested for
           subsequent substance abuse driving offenses.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  16-4-103 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           16-4-103.  Fixing of bail and conditions of bail bond.  (1) (e) (I)  If
      a person is arrested for driving under the influence or driving
      while ability impaired, pursuant to section 42-4-1301, C.R.S., and
      the person has one or more previous convictions for an offense in
      section 42-4-1301, C.R.S., or one or more convictions in any other
      jurisdiction that would constitute a violation of section
      42-4-1301, C.R.S., as a condition of any bail bond, the court shall
      order that the defendant abstain from the use of alcohol or the
      illegal use of drugs and such abstinence shall be monitored.
      
           (II)  A defendant seeking relief from any of the conditions
      imposed pursuant to subparagraph (I) of this paragraph (e) shall
      file a motion with the court and the court shall conduct a
      hearing upon the motion.  The court shall consider whether the
      condition from which the defendant is seeking relief is in the
      interest of justice and whether public safety would be endangered
      if the condition were not enforced.  When determining whether to
      grant relief pursuant to this subparagraph (II), the court shall
      consider whether the defendant has voluntarily enrolled in and
      is participating in an appropriate substance abuse treatment
      program.
      
           SECTION 2.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO