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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0799.01 Ken Fowler x2372 SENATE BILL 26-112
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING DEFENDANTS WHO FAIL TO APPEAR IN COURT , AND, IN101
CONNECTION THEREWITH, PERMITTING CERTAIN CONDITIONS102
ON PRETRIAL RELEASE FOR DEFENDANTS WHO HAVE103
PREVIOUSLY FAILED TO APPEAR.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill w ill be av ailable at
http://leg.colorado.gov.)
Under current law, a court is required to release a person on a
personal recognizance bond if the person was charged with an offense for
a violation with a maximum penalty that does not exceed 6 months'
SENATE SPONSORSHIP
Zamora Wilson,
HOUSE SPONSORSHIP
Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
imprisonment and the court cannot require the person to give security of
any kind for their appearance for trial other than their personal
recognizance, unless certain conditions exist. The bill clarifies that these
provisions apply in both state and municipal courts. The bill adds to the
conditions for which a person may be required to give security that the
defendant previously failed to appear in court 2 or more times in the
present case.
Existing law prohibits a court from imposing a monetary condition
of release for a defendant charged with a traffic offense, petty offense, or
comparable municipal offense, or a municipal offense for which there is
no comparable state misdemeanor offense, with specified exceptions. The
bill adds exceptions for:
! A petty offense for theft, criminal mischief, or arson, or a
comparable municipal offense, or a municipal offense
involving threats of violence, injury, or property damage,
if the defendant has previously failed to appear in court 2
or more times in the present case; and
! Any other petty offense, traffic offense, or a comparable
municipal offense, or a municipal offense for which there
is no comparable state offense, if the defendant has
previously failed to appear for a court proceeding 2 or more
times in the present case and has another pending charge
for the same offense in the same jurisdiction.
The bill states that if a defendant's counsel is present at a court
proceeding as required by a court and the defendant is not present, with
the exceptions of trial, arraignment, contested hearings, and hearings in
which a witness or victim is testifying before the court, the defendant's
absence may not be considered a failure to appear. The bill applies the
exceptions involving previous instances of a defendant's failure to appear
for a municipal court proceeding only when, prior to issuing a warrant for
the arrest of the defendant for the previous failure to appear, the court
conducted a search to determine whether the defendant was being held in
a correctional facility or county jail, and at the time of the previous failure
to appear, the court had certain processes in place governing failures to
appear.
The bill requires municipal courts to not consider a person's
absence from a place and time specified in a summons or summons and
complaint as a failure to appear if the person's counsel is present on their
behalf.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 16-4-113 as2
SB26-112-2-
follows:1
16-4-113. Type of bond in certain nonfelony cases.2
(1) (a) In exercising the discretion mentioned in section 16-4-104,3
the EXCEPT IN THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (1)(b) OF4
THIS SECTION, IF AN ACCUSED PERSON IS CHARGED WITH COMMITTING AN5
OFFENSE FOR WHICH THE MAXIMUM PENALTY DOES NOT EXCEED SIX6
MONTHS' IMPRISONMENT, A judge shall release the accused person upon7
personal recognizance if the charge is any offense for a violation of which8
the maximum penalty does not exceed six months' imprisonment, and the9
AND, EXCEPT AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, SHALL10
NOT REQUIRE THE accused person shall not be required to supply a surety11
bond or give security of any kind for their appearance for trial other than12
their personal recognizance. unless one or more of the following facts are13
found to be present:14
(b) A JUDGE MAY REQUIRE THE ACCUSED PERSON TO SUPPLY A15
SURETY BOND OR GIVE SECURITY FOR THE ACCUSED PERSON 'S16
APPEARANCE FOR TRIAL OTHER THAN THEIR PERSONAL RECOGNIZANCE IF:17
(a) (I) The arrested person fails to sufficiently identify himself or18
herself THEMSELF; or19
(b) (II) The arrested person refuses to sign a personal20
recognizance; or21
(c) (III) The continued detention or posting of a surety bond is22
necessary to prevent imminent bodily harm to the accused PERSON or to23
another; or24
(d) (IV) The arrested person has no ties to the jurisdiction of the25
court reasonably sufficient to assure his or her THEIR appearance, and26
there is substantial likelihood that he or she THE PERSON will fail to27
SB26-112-3-
appear for trial if released upon his or her THEIR personal recognizance;1
or2
(e) (V) The arrested person has previously failed to appear for trial3
for an offense concerning which he or she THE PERSON had given his4
THEIR written promise to appear; or5
(f) (VI) There is outstanding a warrant for his or her THE PERSON'S6
arrest on any other charge or there are pending proceedings against him7
or her THEM for suspension or revocation of parole or probation; OR8
(VII) SUBJECT TO SUBSECTIONS (3) AND (4) OF THIS SECTION, THE9
PERSON HAS PREVIOUSLY FAILED TO APPEAR FOR A COURT PROCEEDING AS10
REQUIRED BY A COURT TWO OR MORE TIMES IN THE PRESENT CASE.11
(c) T HIS SUBSECTION (1) APPLIES IN STATE AND MUNICIPAL12
COURTS.13
(2) (a) A COURT SHALL NOT IMPOSE A MONETARY CONDITION OF14
RELEASE for a defendant charged with:15
(I) A traffic offense, a petty offense, or a comparable municipal16
offense, a court shall not impose a monetary condition of release. If the17
INCLUDING A comparable municipal offense THAT is a property crime and18
the factual basis reflects a value of property loss or damage that would be19
a petty offense property crime if charged under state law; this subsection20
(2)(a) applies. OR21
(II) A MUNICIPAL OFFENSE FOR WHICH THERE IS NO COMPARABLE22
STATE MISDEMEANOR OFFENSE.23
(b) For a defendant charged with a municipal offense for which24
there is no comparable state misdemeanor offense, the court shall not25
impose a monetary condition of release.26
(c) (b) THIS SUBSECTION (2) DOES NOT PROHIBIT:27
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(I) THE RELEASE OF A DEFENDANT, PURSUANT TO LOCAL PRETRIAL1
RELEASE POLICIES, after arrest but prior to an individual consideration of2
bond by a judge, bonding commissioner, judicial officer, or judicial3
designee with the power to set conditions of release, this subsection (2)4
does not prohibit the release of a defendant pursuant to local pretrial5
release policies, including those LOCAL PRETRIAL RELEASE POLICIES that6
require payment of a monetary condition of release, if the defendant is7
first informed that the defendant is entitled to release on a personal8
recognizance bond; OR9
(d) (II) Nothing in this subsection (2) prohibits the issuance of A10
COURT FROM ISSUING a warrant with monetary conditions of bond for a11
defendant who fails to appear in court as required or who violates a12
condition of release. If a defendant is unable to post the monetary13
condition of bond prior to the next individualized consideration of bond,14
the judge, bonding commissioner, judicial officer, or judicial designee15
with the power to set conditions of release shall release the person on16
personal recognizance.17
(e) (c) The provisions of This subsection (2) do DOES not apply to:18
(I) A traffic offense involving death or bodily injury or a19
municipal offense with substantially similar elements;20
(II) Eluding or attempting to elude a police officer as described in21
section 42-4-1413 or a municipal offense with substantially similar22
elements;23
(III) Operating a vehicle after circumventing an interlock device24
as described in section 42-2-132.5 (10) or a municipal offense with25
substantially similar elements; and26
(IV) A municipal offense that has substantially similar elements27
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to a state misdemeanor offense;1
(V) S UBJECT TO SUBSECTIONS (3) AND (4) OF THIS SECTION , A2
PETTY OFFENSE FOR THEFT , CRIMINAL MISCHIEF , OR ARSON , OR A3
COMPARABLE MUNICIPAL OFFENSE, IF THE DEFENDANT HAS PREVIOUSLY4
FAILED TO APPEAR FOR A COURT PROCEEDING AS REQUIRED BY A COURT5
TWO OR MORE TIMES IN THE PRESENT CASE; AND6
(VI) S UBJECT TO SUBSECTIONS (3) AND (4) OF THIS SECTION , A7
PETTY OFFENSE, TRAFFIC OFFENSE, OR A COMPARABLE MUNICIPAL OFFENSE8
OR A MUNICIPAL OFFENSE FOR WHICH THERE IS NO COMPARABLE STATE9
OFFENSE, THAT IS NOT LISTED IN SUBSECTION (2)(c)(V) OF THIS SECTION10
IF THE DEFENDANT HAS PREVIOUSLY FAILED TO APPEAR FOR A COURT11
PROCEEDING AS REQUIRED BY A COURT TWO OR MORE TIMES IN THE12
PRESENT CASE AND HAS ANOTHER PENDING CASE FOR THE SAME OFFENSE13
IN THE SAME JURISDICTION.14
(3) A DEFENDANT 'S FAILURE TO BE PRESENT FOR A COURT15
PROCEEDING AS REQUIRED BY A COURT IS NOT CONSIDERED A FAILURE TO16
APPEAR FOR PURPOSES OF THIS SECTION IF THE DEFENDANT'S COUNSEL IS17
PRESENT AND THE COURT PROCEEDING IS NOT THE DEFENDANT'S TRIAL OR18
ARRAIGNMENT, A CONTESTED HEARING , OR A HEARING IN WHICH A19
WITNESS OR VICTIM IS TESTIFYING BEFORE THE COURT. THE DEFENDANT20
MUST BE PRESENT FOR ALL COURT PROCEEDINGS AS REQUIRED BY THE21
COURT IF THE DEFENDANT IS SELF-REPRESENTED.22
(4) A FAILURE TO APPEAR THAT OCCURRED IN A MUNICIPAL COURT23
ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4) QUALIFIES AS24
A PREVIOUS FAILURE TO APPEAR FOR THE PURPOSES OF SUBSECTIONS25
(1)(b)(VII), (2)(c)(V), AND (2)(c)(VI) OF THIS SECTION ONLY IF THE26
MUNICIPAL COURT:27
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(a) P RIOR TO ISSUING A WARRANT FOR THE ARREST OF THE1
DEFENDANT FOR THE PREVIOUS FAILURE TO APPEAR , CONDUCTED AN2
ELECTRONIC SEARCH OF AVAILABLE COURT DATABASES OR ONLINE3
RESOURCES TO DETERMINE WHETHER THE DEFENDANT WAS BEING HELD4
IN A CORRECTIONAL FACILITY, AS DEFINED IN SECTION 17-1-102, OR IN THE5
COUNTY JAIL FOR THE COUNTY IN WHICH THE COURT IS LOCATED; AND6
(b) A T THE TIME OF THE DEFENDANT 'S PREVIOUS FAILURE TO7
APPEAR:8
(I) HAD A PROCESS THAT ALLOWS A DEFENDANT TO INFORMALLY9
CONTACT THE COURT BY REMOTE MEANS , INCLUDING, BUT NOT LIMITED10
TO, BY PHONE OR EMAIL , ON OR BEFORE THE DAY OF THE COURT11
APPEARANCE TO REQUEST A CONTINUANCE , AND THAT AFTER THE12
DEFENDANT ENGAGES THE PROCESS, ALLOWS THE COURT TO REQUIRE THE13
DEFENDANT TO MAKE THE REQUEST IN WRITING AND SEND THE REQUEST14
TO THE COURT BY ANY MEANS, INCLUDING EMAIL;15
(II) H AD A PROCESS TO QUASH A WARRANT FOR A FAILURE TO16
APPEAR THAT ALLOWS THE DEFENDANT TO CONTACT THE COURT FOR THE17
PURPOSE OF RESETTING THE DEFENDANT 'S APPEARANCE AFTER THE18
DEFENDANT'S FAILURE TO APPEAR BUT PRIOR TO THE DEFENDANT'S NEXT19
COURT PROCEEDING , AND THAT AFTER THE DEFE NDANT ENGAGES THE20
PROCESS, ALLOWS THE COURT TO REQUIRE THE DEFENDANT TO MAKE THE21
REQUEST IN WRITING AND SEND THE REQUEST TO THE COURT BY ANY22
MEANS, INCLUDING EMAIL , AND A PROCESS TO EXCUSE A FAILURE TO23
APPEAR IF THE DEFENDANT APPEARS AT THE NEXT COURT PROCEEDING;24
(III) HAD A PROCESS FOR THE COURT TO EXCUSE A DEFENDANT'S25
FAILURE TO APPEAR FOR A COURT PROCEEDING IF THE DEFENDANT26
PRODUCES EVIDENCE SHOWING THAT THEIR FAILURE TO APPEAR WAS NOT27
SB26-112-7-
WILLFUL OR WAS CAUSED BY EXCUSABLE NEGLECT; AND1
(IV) POSTED THE PROCESSES DESCRIBED IN THIS SUBSECTION (4)2
ONLINE AND AT THE COURTHOUSE, IN BOTH ENGLISH AND SPANISH.3
SECTION 2. In Colorado Revised Statutes, 13-10-127, add (1.5)4
as follows:5
13-10-127. Failure to appear.6
(1.5) I F A PERSON IS NOT PRESENT AT THE PLACE AND TIME7
SPECIFIED IN THE SUMMONS OR SUMMONS AND COMPLAINT , BUT THE8
PERSON'S COUNSEL IS PRESENT , THE COURT SHALL NOT CONSIDER THE9
PERSON'S ABSENCE A FAILURE TO APPEAR.10
SECTION 3. Act subject to petition - effective date -11
applicability. (1) This act takes effect at 12:01 a.m. on the day following12
the expiration of the ninety-day period after final adjournment of the13
general assembly (August 12, 2026, if adjournment sine die is on May 13,14
2026); except that, if a referendum petition is filed pursuant to section 115
(3) of article V of the state constitution against this act or an item, section,16
or part of this act within such period, then the act, item, section, or part17
will not take effect unless approved by the people at the general election18
to be held in November 2026 and, in such case, will take effect on the19
date of the official declaration of the vote thereon by the governor.20
(2) This act applies to offenses committed on or after the21
applicable effective date of this act.22
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