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Second Regular Session
Sixty-first General Assembly
LLS NO. 980385.01 JAP
HOUSE BILL 981088
STATE OF COLORADO
BY REPRESENTATIVE Kaufman;
also SENATOR Mutzebaugh.
A BILL FOR AN ACT
CONCERNING PROCEDURAL CHANGES FOR THE STRENGTHENING
OF THE CRIMINAL LAWS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
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 unemancipated minor, is sufficient to compel the custodial parent or legal guardian to ensure that the unemancipated minor appears as a witness.
Section 2: Repeals the section allowing a county court clerk to issue a summons based on a sworn complaint filed by any person.
Sections 3 and 4: Prohibits payment of witness fees and witness mileage fees to any person who at the time of testifying 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. Specifies the information to be included in the electronic notice. Requires the clerk of the issuing court to maintain the accuracy of the electronic notice. Provides that any peace officer acting in good faith reliance on the electronic notice shall not be civilly or criminally liable for reasonable actions taken in response to the notice.
Section 7: Expands the definition of "basic identification information" for purposes of the adult criminal record expungement statute to conform to the juvenile expungement statute by including 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 the costs of participation in a diversion program if he or she unsuccessfully participated in the diversion program prior to conviction or adjudication.
Section 9: Authorizes a court to issue a warrant 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 that an appellate court shall deny a collateral attack on a criminal judgment 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: In criminal cases, abolishes the requirement of filing a petition for rehearing prior to applying for certiorari.
Section 13: Clarifies
that the Colorado bureau of investigation shall use fingerprints
in accessing criminal history records maintained by the federal
bureau of investigation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 169101 (1), Colorado Revised Statutes, is amended to read:
169101. Right to compel
attendance of witnesses. (1) In
every criminal case, the prosecuting attorney and the defendant
have the right to compel the attendance of witnesses and the production
of tangible evidence by service upon them of a subpoena to appear
for examination as a witness
the trial AT ANY PROCEEDING BEFORE
THE COURT. SERVICE OF A SUBPOENA UPON A
PARENT OR LEGAL GUARDIAN WHO HAS PHYSICAL CARE OF AN UNEMANCIPATED
MINOR THAT CONTAINS WORDING COMMANDING SAID PARENT OR LEGAL
GUARDIAN TO PRODUCE THE UNEMANCIPATED MINOR FOR THE PURPOSE OF
TESTIFYING BEFORE THE COURT SHALL BE VALID SERVICE COMPELLING
THE ATTENDANCE OF BOTH SAID PARENT OR LEGAL GUARDIAN AND
THE UNEMANCIPATED MINOR FOR EXAMINATION AS WITNESSES. IN ADDITION,
SERVICE OF A SUBPOENA AS DESCRIBED IN THIS SUBSECTION (1) SHALL
COMPEL SAID PARENT OR LEGAL GUARDIAN EITHER TO MAKE
ALL NECESSARY ARRANGEMENTS TO ENSURE THAT THE UNEMANCIPATED MINOR
IS AVAILABLE BEFORE THE COURT TO TESTIFY OR TO APPEAR IN COURT
AND SHOW GOOD CAUSE FOR THE UNEMANCIPATED MINOR'S FAILURE TO APPEAR.
SECTION 2. Repeal. 162105, Colorado Revised Statutes, is repealed as follows:
162105. Issuance of summons
summons may be issued by the clerk of the county court, if a sworn
complaint has been filed by any person with the county court requesting
issuance of a summons under simplified procedure. A copy of a
summons so issued shall be supplied to the district attorney or
deputy district attorney for the county. If the district attorney
so requests, a warrant may be issued by the county judge, upon
a showing of probable cause. In such event, the person named
in the warrant shall be brought before the court as provided in
the Colorado rules of criminal procedure.
SECTION 3. 1333102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1333102. Fees of witnesses. (6) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (1) TO (5) OF THIS SECTION, THE WITNESS FEE SPECIFIED IN THIS SECTION SHALL NOT BE PAID TO ANY WITNESS WHO AT THE TIME OF TESTIFYING IS IN THE LEGAL CUSTODY OF ANY STATE OR FEDERAL AGENCY OR ANY LOCAL LAW ENFORCEMENT AGENCY AND WHOSE TRANSPORTATION TO COURT IS PROVIDED AT GOVERNMENT EXPENSE.
SECTION 4. 1333103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1333103. Mileage fees of jurors and witnesses. (6) THE MILEAGE FEE SHALL NOT BE PAID TO ANY WITNESS WHO AT THE TIME OF TESTIFYING IS IN THE LEGAL CUSTODY OF ANY STATE OR FEDERAL AGENCY OR ANY LOCAL LAW ENFORCEMENT AGENCY AND WHOSE TRANSPORTATION TO COURT IS PROVIDED AT GOVERNMENT EXPENSE.
SECTION 5. 186803.7 (2) (b), Colorado Revised Statutes, is amended to read:
186803.7. Central registry of restraining orders creation. (2) (b) Restraining orders and subsequent orders shall be entered into the registry by the clerk of the court issuing the restraining order; EXCEPT THAT ORDERS ISSUED PURSUANT TO SECTIONS 1811001 AND 192707, C.R.S., SHALL BE ENTERED INTO THE REGISTRY ONLY AT THE DISCRETION OF THE COURT OR UPON MOTION OF THE DISTRICT ATTORNEY. THE CLERK OF THE COURT ISSUING THE RESTRAINING ORDER SHALL BE RESPONSIBLE FOR UPDATING THE REGISTRY ELECTRONICALLY IN A TIMELY MANNER TO ENSURE THE NOTICE IS AS COMPLETE AND ACCURATE AS IS REASONABLY POSSIBLE WITH REGARD TO THE INFORMATION SPECIFIED IN SUBSECTION (3) OF THIS SECTION.
SECTION 6. 2472302 (2), Colorado Revised Statutes, is amended to read:
2472302. Definitions. As used in this part 3, unless the context otherwise requires:
(2) "Basic identification information"
means the name,
PLACE AND DATE OF BIRTH, lastknown address, SOCIAL SECURITY
NUMBER, OCCUPATION AND ADDRESS OF EMPLOYMENT, physical description,
PHOTOGRAPH, HANDWRITTEN SIGNATURE, sex, and
fingerprints, AND ANY KNOWN ALIASES of any person.
SECTION 7. 1611501 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
1611501. Judgment for costs and fines. (2) The costs assessed pursuant to subsection (1) of this section or section 1618101 may include:
(n) ANY COSTS OF PARTICIPATION IN A DIVERSION PROGRAM IF THE OFFENDER OR JUVENILE UNSUCCESSFULLY PARTICIPATED IN A DIVERSION PROGRAM PRIOR TO THE CONVICTION OR ADJUDICATION.
SECTION 8. 167403, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
167403. Deferred sentencing of defendant. (4) A WARRANT FOR THE ARREST OF ANY DEFENDANT FOR BREACH OF A CONDITION OF A DEFERRED SENTENCE MAY BE ISSUED BY ANY JUDGE OF A COURT OF RECORD UPON THE REPORT OF A PROBATION OFFICER, OR UPON THE VERIFIED COMPLAINT OF ANY PERSON, ESTABLISHING TO THE SATISFACTION OF THE JUDGE PROBABLE CAUSE TO BELIEVE THAT A CONDITION OF THE DEFERRED SENTENCE HAS BEEN VIOLATED AND THAT THE ARREST OF THE DEFENDANT IS REASONABLY NECESSARY. THE WARRANT MAY BE EXECUTED BY ANY PROBATION OFFICER OR BY A PEACE OFFICER AUTHORIZED TO EXECUTE WARRANTS IN THE COUNTY IN WHICH THE DEFENDANT IS FOUND.
SECTION 9. 1612102 (1), Colorado Revised Statutes, is amended to read:
1612102. Appeals by the prosecution.
(1) The prosecution may appeal any decision of the
trial court in a criminal case upon any question of law.
Any order of the trial court granting
THAT EITHER DISMISSES ONE OR MORE COUNTS OF A CHARGING DOCUMENT
PRIOR TO TRIAL OR GRANTS a new trial after the entry of a verdict
or judgment shall constitute a final order which
THAT shall be immediately appealable pursuant to this subsection
(1). If any act of the general assembly is adjudged inoperative
or unconstitutional in any criminal case, it is the duty of the
district attorney of the judicial district in which the court
making such decision is situated to appeal on behalf of the people
of the state of Colorado, unless the same issue of constitutionality
is already pending before a reviewing court in another case.
Nothing in this section shall authorize placing the defendant
in jeopardy a second time for the same offense. No docket fee
shall be required of the people upon an appeal under this section.
The procedure to be followed in filing and prosecuting appeals
under this section shall be as provided by applicable rule of
the supreme court of Colorado. However, if a statute providing
for the imposition of the death penalty is adjudged inoperative
or inapplicable for any reason, such adjudication shall constitute
a final order which
THAT shall be immediately appealable to the supreme court of Colorado,
notwithstanding any statute or court rule to the contrary.
SECTION 10. 165402,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
165402. Limitation for collateral attack upon trial judgment. (1.5) IF AN APPELLATE COURT CAN DETERMINE ON THE FACE OF THE MOTION, FILES, AND RECORD IN A CASE THAT A COLLATERAL ATTACK IS OUTSIDE THE TIME LIMITS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE APPELLATE COURT MAY DENY RELIEF ON THAT BASIS, REGARDLESS OF WHETHER THE ISSUE OF TIMELINESS WAS RAISED IN THE TRIAL COURT.
SECTION 11. 134108, Colorado Revised Statutes, is amended to read:
134108. Supreme court review.
(1) Before application may be
made for writ of certiorari, as provided
in this section, application shall be made to the court of appeals
for a rehearing
IF REQUIRED by supreme court rule.
(2) Within thirty days after a rehearing has been refused by the court of appeals, any party in interest who is aggrieved by the judgment of the court of appeals may appeal by application to the supreme court for a writ of certiorari.
(3) Procedures on writs of certiorari, INCLUDING PROCEDURES FOR REHEARINGS, shall be as prescribed by rule of the supreme court.
SECTION 12. 1812105.1 (2), Colorado Revised Statutes, is amended to read:
1812105.1. Permits for
concealed weapons liability. (2) A
sheriff or chief of police shall make an inquiry, including a
fingerprint check, into the background of an applicant for a permit
to carry a concealed weapon to determine if the applicant would
present a danger to others or to himself or herself if the applicant
is granted a permit. The sheriff or chief of police shall not
be liable for any damages that may result from granting a permit,
if the sheriff or chief of police, prior to granting a permit,
requests a criminal history check of the applicant from the Colorado
bureau of investigation, including a request to process the applicant's
fingerprints. The Colorado bureau of investigation, upon request
by a chief of police or sheriff, shall conduct a criminal history
check of an applicant PURSUANT TO THIS SUBSECTION (2), including
but not limited to processing of fingerprints FOR STATE CRIMINAL
HISTORY INFORMATION AND USING FINGERPRINTS TO ACCESS ARREST HISTORY
RECORDS THAT ARE MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION
IN THE UNITED STATES DEPARTMENT OF JUSTICE.
to this subsection (2). The cost
of such check shall be borne by the applicant.
SECTION 13. Effective date applicability. This act shall take effect upon passage, and sections 7 and 8 of this act shall apply to offenses committed on or after said date.
SECTION 14. 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.