Colorado Legislative Council Staff



(Replaces Fiscal Note dated January 2, 1998)

TABOR Refund Impact

General Fund Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-385

Rep. Kaufman

Sen. Mutzebaugh


Bill Status:

Fiscal Analyst:

February 23, 1998

House Appropriations

Susan Colling (866-4784)



Summary of Legislation



FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund

Possible Revenue Increase

 (less than $10,000)

Possible Revenue Increase

(less than $10,000)

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — None

            This bill makes numerous changes to the criminal statutes. A summary of each section of the bill is provided below:


          Section 1: Specifies that service of a subpoena on the custodial parent or legal guardian who has physical custody of an unemancipated minor, commanding appearance of the emancipated minor, is sufficient to ensure that the emancipated minor appears as a witness.


          Section 2: Repeals the section allowing a county clerk to issue a summons based on a sworn complaint filed by any person.


          Section 3 and 4: Prohibits payment of witness fees and mileage fees to anyone testifying who is in the legal custody of a state, federal, or local government and whose transportation is provided at government expense.


          Section 5: Specifies that the clerk of the court issuing a restraining order is responsible for maintaining the information entered into the central registry for restraining orders.


          Section 6: Allows a court to electronically issue notice of the issuance of an arrest warrant and specifies the information to be included in the notice. Requires the issuing court to maintain the accuracy of the notice and provides any peace officer acting in good faith on the notice to not be civilly or criminally liable for actions taken in response to the notice.


          Section 7: Expands the definition of “basic identification information” so that the adult criminal record expungement statute conforms to the juvenile expungement statutes and includes place of birth, social security number, occupation and address of employment, photograph, handwritten signature, and any known aliases.


          Section 8: Specifies that a defendant or juvenile may be required to pay costs of the diversion program if that person unsuccessfully participated in the diversion program prior to conviction or adjudication.


          Section 9: Authorizes a warrant to be issued for the arrest of any person who violates the conditions of a deferred sentence.


          Section 10: Authorizes the prosecution to immediately file with the Supreme Court an interlocutory appeal of an order dismissing one or more counts of a complaint, information, or indictment.


          Section 11: Provides an appellate court the ability to deny a collateral attack on a criminal judgement when it is clear on the face of the pleadings and on the record that the attack is untimely, regardless of whether timeliness was raised as an issue at the trial court level.


          Section 12: Abolishes the requirement, in criminal cases, of filing a petition for rehearing prior to applying for certiorari.


          Section 13: Clarifies the use of fingerprints by the Colorado Bureau of Investigation in accessing criminal history records maintained by the Federal Bureau of Investigation.

            The bill would take effect upon passage and Sections 8 and 9 would apply to offenses committed on or after the date in which they occurred.

State Revenues

            Section 8 of the bill specifies that a person who unsuccessfully participated in a diversion program prior to conviction or adjudication may be required to pay costs of the diversion program. There would be possible revenue generated by this section, however, it is assumed the amount of revenue would be less than $10,000.

TABOR Refund Impact

            Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase or decrease in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.

Spending Authority

            This fiscal note indicates that no spending authority or appropriation is required for FY 1998-99.

Departments Contacted

            Department of Corrections

            Department of Human Services

            Department of Law

            Department of Public Safety


            State Public Defender