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February 25, 2022 SB 22-103
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0628
Sen. Gonzales
Date:
Bill Status:
Fiscal Analyst:
February 25, 2022
Senate Judiciary
Aaron Carpenter | 303-866-4918
Aaron.Carpenter@state.co.us
Bill Topic: REMEDY FOR IMPROPER GUILTY PLEAS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill allows a defendant to challenge a guilty plea for a municipal offense or a
class 1 or 2 misdemeanor if they were not advised of the immigration consequences
of a guilty plea. Starting in FY 2022-23, the bill will decrease state revenue and
increases state and local workload on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill allows defendants who pleaded guilty to a municipal offense or a class 1 or 2 misdemeanor
to challenge the plea if the defendant alleges:
as a result of a guilty plea, the defendant suffered, is suffering, or will suffer an adverse
immigration consequence; and
that the guilty plea was obtained because the defendant was not adequately advised of the
immigration consequences of a guilty plea; the defendant did not knowingly waive the right to
counsel; or the plea was constitutionally infirm as under current law.
When a defendant files a motion, the prosecution must respond within 21 days. If no response if filed,
the court must grant the motion. If the prosecution opposes the motion and there is an issue of
material fact, the court must set the matter for an evidentiary hearing. Unless the prosecution proves
by a preponderance of the evidence that the defendant will not suffer an immigration consequence or
that the guilty plea was constitutionally entered, the court must grant the motion. If successful in
challenging the guilty plea, the court must vacate the guilty plea as constitutionally infirm. Page 2
February 25, 2022 SB 22-103
Data and Assumptions
From January 2017 to December 2021, there were 64,036 unique criminal cases that contained a guilty
plea for a class 1 or 2 misdemeanor offense that is not defined under the Victim’s Bill of Rights. Based
on the 2019 American Community Survey the 6.62 percent of the United States population was a
non-U.S. citizen.
The fiscal note assumes that out of the 64,036 cases identified above, 6.62 percent included
non-U.S. citizens, or about 4,239 cases. Of those cases, the fiscal note assumes that 60 percent, or 2,543
cases would have immigration consequences.
The fiscal note for Senate Bill 19-030 assumed that 50 percent of cases with immigration consequences
would file to vacate their guilty plea after successful completion of a vacated guilty plea. The Judicial
Department has insufficient data to determine the actual number of resulting cases filed under
SB 19-030, but anecdotal evidence suggests that the actual rate was lower than the estimate in the
previous fiscal note. Assuming that no more that 25 percent of cases with an immigration consequence
file with challenge the plea, there would be up to 630 additional case filings. Based on this potential
number of cases, as well as the funding previously allocated through SB 19-030, it is assumed that
additional resources are not required to implement this bill.
State Revenue
Starting in FY 2022-23, to the extent that defendants are successful at vacating a guilty plea, revenue
to the Judicial Department from any unpaid fines and fees issued by the court will decrease as
sentences are vacated. This revenue decrease has not been determined but is expected to be minimal.
Revenue from fines and fees is subject to the state’s TABOR limit.
State Expenditures
Starting in FY 2022-23, workload in the Judicial Department will increase to hear additional motions
to vacate guilty pleas. As explained in the Data and Assumptions section, it is assumed that this work
can be accomplished within existing resources. In addition, to the extent that courts vacate any fines
and fees, the department may need to reimburse defendants for any payments already made. These
costs have not been determined but are expected to be minimal. Should either impact result in the
need for additional appropriations, this will be addressed through the annual budget process.
Local Government
This bill will increase costs for district attorney offices to respond to motions under the bill. The fiscal
note assumes that each case will require up to five hours of work to provide transcripts or recordings
of the plea hearing, respond to motions, and attend hearings. Costs will vary by judicial district.
District attorney offices are funded by the counties within each judicial district.
Similar to the Judicial Department, this bill may increase workload and decrease revenue to the
Denver County Court, which is managed and funded by the City and County of Denver, as well as
municipal courts. Overall, these impacts are expected to be minimal. Page 3
February 25, 2022 SB 22-103
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
District Attorneys Judicial Law
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.