HB 23-1151 CO Became Law
Clarifications To 48-hour Bond Hearing Requirement
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Summary
Current law requires an individual who is in jail to be brought before a judge for a bond hearing within 48 hours of arriving at the jail. The act clarifies the circumstances when the 48-hour requirement does not apply when the individual is unable to attend court. When an arrestee is unable to attend court within the 48-hour requirement, the sheriff shall create a list of those individuals, the date of the individual's arrest, and the location where the individual is in custody. The sheriff shall document the length of the delay, the reason for the delay, and the efforts to abate a delay caused by an emergency. As soon as an emergency has sufficiently abated, the act requires the sheriff to make the in-custody arrestee available to appear. The act also clarifies that the 48-hour requirement applies regardless of whether: The individual is held in custody in a jurisdiction other than the one that issues the arrest warrant; Money bond was previously set ex parte; or The in-custody arrestee did not appear for a first appearance. APPROVED by Governor April 20, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
Sponsors (4)
- Steven Woodrow Democratic · primary
- Rod Bockenfeld · primary
- Robert Rodriguez Democratic · primary
- Bob Gardner · primary
Action history (17)
- Apr 20, 2023 Governor Signed · executive
- Apr 14, 2023 Sent to the Governor · executive
- Apr 13, 2023 Signed by the President of the Senate · upper
- Apr 12, 2023 Signed by the Speaker of the House · lower
- Mar 29, 2023 House Considered Senate Amendments - Result was to Concur - Repass · lower
- Mar 28, 2023 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 27, 2023 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 26, 2023 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 25, 2023 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 24, 2023 Senate Third Reading Passed - No Amendments · upper
- Mar 23, 2023 Senate Second Reading Passed with Amendments - Committee · upper
- Mar 20, 2023 Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
- Feb 23, 2023 Introduced In Senate - Assigned to Judiciary · upper
- Feb 22, 2023 House Third Reading Passed - No Amendments · lower
- Feb 21, 2023 House Second Reading Special Order - Passed with Amendments - Committee · lower
- Feb 15, 2023 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
- Jan 31, 2023 Introduced In House - Assigned to Judiciary · lower
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