NOTE: This measure became law without the governor's signature on
      6/11/2016.
      
      
      HOUSE BILL 16-1309
      
      
      BY REPRESENTATIVE(S) Lontine, Becker K., Kagan, Kraft-Tharp, Lee,
      Melton, Moreno, Pabon, Pettersen, Rosenthal, Ryden, Saine, Salazar,
      Hullinghorst, Duran, Priola, Williams;
      also SENATOR(S) Marble, Carroll, Crowder, Garcia, Guzman, Heath,
      Jahn, Kefalas, Lambert, Lundberg, Merrifield, Neville T., Newell,
      Steadman, Todd, Ulibarri.
      
      
      Concerning a defendant's right to counsel in certain cases
           considered by municipal courts.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. The general assembly
      hereby finds and declares that the both the United States and Colorado
      constitutions provide that an accused person has the right to be represented
      by counsel in criminal prosecutions. This constitutional right has been
      interpreted to mean that counsel will be provided at government expense
      for indigent persons in all cases in which incarceration is a possible penalty,
      unless there is a knowing, intelligent, and voluntary waiver of the right to
      counsel.
      
           SECTION 2.  In Colorado Revised Statutes, add 13-10-114.5 as
      follows:
      
           13-10-114.5.  Representation by counsel. (1)  At the time of
      first appearance on a municipal charge, if the defendant is in
      custody and the charged offense includes a possible sentence of
      incarceration, the court shall appoint counsel to represent the
      defendant for purposes of the initial appearance unless, after a
      full advisement pursuant to C.M.C.R. 210 and section 16-7-207,
      C.R.S., the defendant makes a knowing, intelligent, and
      voluntary waiver of his or her right to counsel.
      
           (2)  If the defendant remains in custody, the appointment of
      counsel continues until the defendant is released from custody.
      If the defendant is released from custody, he or she may apply for
      court-appointed counsel, and the court shall appoint counsel if
      the court determines that the defendant is indigent and the
      charged offense includes a possible sentence of incarceration.
      
           SECTION 3.  In Colorado Revised Statutes, 16-7-207, add (3) as
      follows:
      
           16-7-207.  Court's duty to inform on first appearance in court
      and on pleas of guilty. (3)  This section applies to prosecutions for
      violations of municipal charters and prosecutions for violations
      of municipal ordinances.
      
           SECTION 4.  Act subject to petition - effective date. This act
      takes effect May 1, 2017; 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
      May 1, 2017, or on the date of the official declaration of the vote thereon
      by the governor, whichever is later.
      
      
      
      
      ________________________________________________________
      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