First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0798.01 Michael Dohr x4347   HOUSE BILL 15-1289
                    HOUSE SPONSORSHIP
 Salazar and Everett,  Saine, Humphrey, Neville P., Joshi, Priola, Lundeen, Dore, Buckner,
 Klingenschmitt, Melton, Nordberg, Ransom, Van Winkle
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning criminal charges based on a violation of an
            unlawful order.
       
       
                           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.)
       
            The bill requires a court to dismiss all charges against a defendant
       that were based on a violation of an unlawful order. The court may order
       the law enforcement agency that filed the charges to reimburse the
       defendant for attorneys' fees and costs incurred in defense of the charges.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 16-5-104 as
       follows:
            16-5-104.  Person charged with a criminal act based on
       violating an unlawful order - definitions. (1)  If a person is charged
       with a crime in which the underlying factual basis involved
       violating an unlawful order, the court shall dismiss those
       charges and shall order the law enforcement agency that filed
       the charges to reimburse the defendant for any attorneys' fees
       and costs incurred as a result of having to defend the charges.
            (2)  As used in this section, unless the context otherwise
       requires, "unlawful order" means an order that violates a
       person's constitutional or statutory rights.
            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.