HOUSE
                       3rd Reading Unamended
       April 13, 2015          HOUSE
       2nd Reading Unamended
                      April 10, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0622.02 Michael Dohr x4347   HOUSE BILL 15-1286
                    HOUSE SPONSORSHIP
 Kagan and Salazar, 
 
                   SENATE SPONSORSHIP
 Ulibarri and Carroll, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the court's authority to require prosecution in
            cases of police misconduct when the decision not to
            prosecute was an abuse of discretion.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, a person may file an affidavit with a court
       having jurisdiction over an alleged offense that a prosecuting attorney
       refuses to prosecute asking the court to require prosecution of the alleged
       offense. The court may require prosecution if it finds the decision not to
       prosecute was arbitrary or capricious and without reasonable excuse. For
       an alleged offense involving police misconduct resulting in serious bodily
       injury or death, the bill allows the court to require prosecution if the court
       finds that the decision not to prosecute was an abuse of discretion.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, amend 16-5-209 as
       follows:
            16-5-209.  Judge may require prosecution. (1)  The judge of a
       court having jurisdiction of the alleged offense, upon affidavit filed with
       the judge alleging the commission of a crime and the unjustified refusal
       of the prosecuting attorney to prosecute any person for the crime, may
       require the prosecuting attorney to appear before the judge and explain
       the refusal. If after that proceeding, based on the competent evidence in
       the affidavit, the explanation of the prosecuting attorney, and any
       argument of the parties, the judge finds that the refusal of the prosecuting
       attorney to prosecute was arbitrary or capricious and without reasonable
       excuse, the judge may order the prosecuting attorney to file an
       information and prosecute the case or may appoint a special prosecutor
       to do so. The judge shall must appoint the special prosecutor from among
       the full-time district attorneys, assistant district attorneys, or deputy
       district attorneys who serve in judicial districts other than where the
       appointment is made; except that, upon the written approval of the chief
       justice of the supreme court, the judge may appoint any disinterested
       private attorney who is licensed to practice law in the state of Colorado
       to serve as the special prosecutor. Any special prosecutor appointed
       pursuant to this section shall be compensated as provided in section
       20-1-308, C.R.S.
       
            (2)  The judge of a court having jurisdiction of an alleged
       offense involving police misconduct resulting in serious bodily
       injury or death, upon affidavit filed with the judge alleging the
       commission of a crime and the unjustified refusal of the
       prosecuting attorney to prosecute any person for the crime, may
       require the prosecuting attorney to appear before the judge and
       explain the refusal. If after that proceeding, based on the
       competent evidence in the affidavit, the explanation of the
       prosecuting attorney, and any argument of the parties, applying
       only an abuse of discretion standard, the judge finds that the
       refusal of the prosecuting attorney to prosecute was an abuse
       of discretion, the judge may order the prosecuting attorney to
       file an information and prosecute the case or may appoint a
       special prosecutor to do so. The judge must appoint the special
       prosecutor from among the full-time district attorneys,
       assistant district attorneys, or deputy district attorneys who
       serve in judicial districts other than where the appointment is
       made; except that, upon the written approval of the chief justice
       of the supreme court, the judge may appoint any disinterested
       private attorney who is licensed to practice law in the state of
       Colorado to serve as the special prosecutor. Any special
       prosecutor appointed pursuant to this section shall be
       compensated as provided in section 20-1-308, C.R.S.
            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.