First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0247.01 Michael Dohr x4347   HOUSE BILL 15-1160
                    HOUSE SPONSORSHIP
 Lawrence, 
 
                   SENATE SPONSORSHIP
 Roberts, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a requirement that the court determine
            whether a defendant meets the indigency standard for
            a public defender appointment.
       
       
                           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.)
       
            Currently, the public defender, subject to review by the court,
       determines whether a defendant meets the indigency standard for a public
       defender appointment. The bill gives the duty to make the indigency
       determination to the court.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 21-1-103, amend (3)
       and (5) as follows:
            21-1-103.  Representation of indigent persons. (3)  The
       determination of indigency shall be made by the state public defender,
       subject to review by the court. When a defendant or, if applicable, the
       defendant's parent or legal guardian requests representation by a public
       defender, such person shall submit an appropriate application, the form
       of which shall state that such application is signed under oath and under
       the penalty of perjury and that a false statement may be prosecuted as
       such. A nonrefundable processing fee of twenty-five dollars shall be paid
       by the applicant if the court-appointed counsel enters an appearance based
       upon the application. The fee shall be assessed at the time of sentencing,
       or adjudication, if sentencing or adjudication occurs, or upon other final
       disposition of the case; except that the court may, at sentencing,
       adjudication, or other final disposition, waive the fee if the court
       determines, based upon the financial information submitted by the party
       being represented by the court-appointed counsel, that the person does not
       have the financial resources to pay the fee. Before the court appoints a
       public defender based on said application, the court shall advise the
       defendant or, if applicable, the defendant's parent or legal guardian that
       the application is signed under oath and under the penalty of perjury. A
       copy of the application shall be sent to the prosecuting attorney for
       review, and, upon request, the court shall hold a hearing on the issue of
       the eligibility for appointment of the public defender's office. Processing
       fees collected pursuant to this subsection (3) shall be transmitted to the
       state treasurer, who shall credit the same to the general fund.
            (5)  Nothing in this section may be construed to prevent the public
       defender, before determining indigency is determined, from providing
       representation to juveniles in detention hearings.
            SECTION 2.  In Colorado Revised Statutes, 16-3-402, amend (3)
       (a) as follows:
            16-3-402.  Right to communicate with attorney and family.
       (3) (a)  Consistent with the provisions of section 21-1-103, C.R.S., if any
       person in custody indicates in any manner his desire to speak with an
       attorney, or the court determines that an inquiry into the matter of
       indigency should occur, the public defender shall be permitted to
       communicate with that person to determine whether that person has
       counsel and, if the person desires, that the public defender represent him,
       to make an initial determination as to whether the person is indigent. If
       the public defender determines that the person is indigent, such person
       shall apply for representation by the public defender in accordance with
       section 21-1-103, C.R.S.
            SECTION 3.  In Colorado Revised Statutes, 21-2-103, amend (2)
       as follows:
            21-2-103.  Representation of indigent persons. (2)  In cases
       involving conflicts of interest for the state public defender, The
       determination of indigency shall be made by the state public defender
       court in accordance with section 21-1-103.
            SECTION 4.  Act subject to petition - effective date. This act
       takes effect July 1, 2016; except that, if a referendum petition is filed
       pursuant to section 1 (3) of article V of the state constitution against this
       act or an item, section, or part of this act within the ninety-day period
       after final adjournment of the general assembly, then the act, item,
       section, or part will not take effect unless approved by the people at the
       general election to be held in November 2016 and, in such case, will take
       effect on the date of the official declaration of the vote thereon by the
       governor.