ColoradoFairness & Transparency in Municipal Court
What it does
The act caps the maximum incarceration sentence for a municipal violation that has a comparable state law crime at the same length as the state-level offense. If a comparable state-level offense does not exist, the maximum period of incarceration is capped at the maximum for a state-level petty offense. Mandatory minimums and increased penalties based on prior convictions are prohibited unless the person is convicted of a municipal offense for which there is a comparable state offense or of an infraction that allows imposition of the same mandatory minimum or increased penalties based on prior convictions.
More detail
The act also caps a consecutive municipal sentence at 2 times the highest charge in the case.
The act clarifies that municipal court defendants have a right to counsel and that municipal defense counsel have the same notice, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The act applies the prohibition to all municipalities.
All municipal court proceedings are required to be open to public observation. Virtual observation is required for all in-custody proceedings, and prompt resolution of municipal cases is required. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 16Governor Jared Polis VetoedLatest
- May 14Signed by the Speaker of the House
- May 14Signed by the President of the Senate
- May 14Sent to the GovernorTo Governor
- Apr 23House Considered Senate Amendments - Result was to Concur - Repass
- Vote recorded CONCUR. Result: pass.Lower
- Vote recorded REPASS. Result: pass.Lower
- Apr 6House Considered Senate Amendments - Result was to Laid Over Daily
- Apr 4Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Upper
- Vote recorded BILL. Result: pass.Upper
- Apr 3Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
- Mar 31Senate Committee on Judiciary Refer Amended to Senate Committee of the WholeMinor
- Mar 12Introduced In Senate - Assigned to JudiciaryMinor
- Mar 7House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- Mar 6House Third Reading Laid Over Daily - No Amendments
- Mar 5House Second Reading Special Order - Passed with Amendments - Committee
- Vote recorded AMD. Result: fail.Lower
- Mar 4House Second Reading Laid Over Daily - No Amendments
- Feb 26House Committee on Judiciary Refer Amended to House Committee of the WholeMinor
- Jan 29Introduced In House - Assigned to JudiciaryIntroduced