NOTE: The governor signed this measure on 4/21/2016.
      
      
      HOUSE BILL 16-1104
      
      
      BY REPRESENTATIVE(S) Roupe, Carver, Fields, Hamner, Lee, Melton,
      Moreno, Pettersen, Rosenthal, Saine;
      also SENATOR(S) Cooke, Roberts, Woods.
      
      
      Concerning the issuance of a summons in lieu of a warrant for
           certain non-violent offenders.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 16-5-206, amend (2)
      introductory portion and (2) (e); and add (1.5) as follows:
      
           16-5-206.  Summons in lieu of warrant. (1.5) (a)  Except in class
      1, class 2, class 3, and class 4 felonies; in crimes described in
      section 24-4.1-302 (1), C.R.S.; and in unclassified felonies
      punishable by a maximum penalty of more than ten years, a law
      enforcement officer may issue a summons commanding the
      appearance of the defendant in lieu of a warrant for his or her
      arrest based on probable cause if:
      
           (I)  The local district attorney consents to such procedure
      and has developed and approved criteria for the issuance of such
      a summons pursuant to this subsection (1.5);
      
           (II)  There is a reasonable likelihood that the defendant
      will appear;
      
           (III)  The defendant has had no felony arrests during the
      preceding five years;
      
           (IV)  There is no allegation that the defendant used a
      deadly weapon as defined in section 18-1-901 (3) (e), C.R.S., in the
      commission of the crime; and
      
           (V)  There are no outstanding warrants for the defendant's
      arrest.
      
           (b)  No later than ten days after a law enforcement officer
      issues a summons pursuant to this subsection (1.5), he or she shall
      deliver a copy to the court and to the office of the district
      attorney where jurisdiction lies.
      
           (c)  When the procedure described in this subsection (1.5) is
      used, an information or complaint may be filed in open court on
      the date specified in the summons.
      
           (2)  If a summons is issued in lieu of a warrant under subsection (1)
      of this section:
      
           (e)  It shall be signed by the judge or clerk of the court with the title
      of his office or by the law enforcement officer who issued the
      summons.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      10, 2016, if adjournment sine die is on May 11, 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
      such period, 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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO