First Regular Session

Sixty-first General Assembly

LLS NO. 97­0488.01 JGG HOUSE BILL 97­1049

STATE OF COLORADO

BY REPRESENTATIVE S. Williams;

also SENATOR Blickensderfer.

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE EXTRADITION OF DELINQUENT SUPPORT OBLIGORS FROM OTHER STATES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Specifies that, if a court issues a warrant for the arrest of a delinquent support obligor, and if the court finds that the obligor is out of state but a prima facie showing has been made that the obligor has sufficient income or assets to pay the current support amount and a significant amount of the arrearages and to reimburse the costs of extradition, the court may direct the appropriate law enforcement agency to initiate the extradition of the obligor if there are substantial arrearages. Directs the court to order the law enforcement agency to pay the costs of the extradition.

When the obligor appears before the court, requires the court to order the obligor to reimburse the law enforcement agency that effected the extradition.

Requires a law enforcement agency, when ordered by a court of competent jurisdiction, to initiate the extradition of a delinquent support obligor and to pay the costs of such extradition.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  14­14­110, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

14­14­110.  Contempt of court. (3.5) (a)  IF THE COURT ISSUES A WARRANT FOR THE OBLIGOR'S ARREST PURSUANT TO SUBSECTION (3) OF THIS SECTION, AND IF THE COURT FINDS THAT THE DELINQUENT OBLIGOR IS OUT OF STATE AND THAT A PRIMA FACIE SHOWING HAS BEEN MADE THAT THE OBLIGOR HAS SUFFICIENT INCOME OR ASSETS TO PAY THE CURRENT CHILD SUPPORT OR MAINTENANCE OBLIGATION AND A SIGNIFICANT AMOUNT OF THE ARREARAGES AND TO REIMBURSE THE COSTS OF EXTRADITION, THE COURT MAY DIRECT, IF THERE ARE SUBSTANTIAL ARREARAGES, THE APPROPRIATE LAW ENFORCEMENT AGENCY TO INITIATE THE EXTRADITION PROCESS FOR THE RETURN OF THE OBLIGOR TO THE STATE OF COLORADO. THE COURT SHALL ORDER THE LAW ENFORCEMENT AGENCY TO PAY THE COSTS OF THE EXTRADITION.

(b)  WHEN THE OBLIGOR APPEARS BEFORE THE COURT, THE COURT, IN ADDITION TO ANY OTHER FINE OR JAIL SENTENCE IT MAY CHOOSE TO IMPOSE UPON THE OBLIGOR, SHALL ORDER THE OBLIGOR TO REIMBURSE THE LAW ENFORCEMENT AGENCY THAT EFFECTED THE EXTRADITION OF THE OBLIGOR FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE EXTRADITION.

SECTION 2.  Article 19 of title 16, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

16­19­129.5.  Costs of extradition.  IN ANY CASE IN WHICH A LAW ENFORCEMENT AGENCY OF THE STATE OF COLORADO IS ORDERED BY A COURT OF COMPETENT JURISDICTION TO EXTRADITE A DELINQUENT CHILD SUPPORT OR MAINTENANCE OBLIGOR PURSUANT TO SECTION 14­14­110 (3.5), C.R.S., THE LAW ENFORCEMENT AGENCY SHALL INITIATE THE EXTRADITION PROCESS AND PAY ALL COSTS ASSOCIATED WITH THE EXTRADITION OF SUCH OBLIGOR, SUBJECT TO FUTURE REIMBURSEMENT OF THE EXTRADITION COSTS BY THE OBLIGOR.

SECTION 3.  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.