Colorado 2022 Regular Session

Colorado Senate Bill SB103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0628.01 Jacob Baus x2173
1	8		SENATE BILL 22-103
2		-	BY SENATOR(S) Gonzales, Buckner, Coleman, Coram, Donovan, Fields,
3		-	Gardner, Hansen, Hisey, Holbert, Kolker, Lee, Moreno, Pettersen, Priola,
4		-	Rankin, Rodriguez, Simpson, Story, Fenberg;
5		-	also REPRESENTATIVE(S) Tipper, Bacon, Benavidez, Exum,
6		-	Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Lindsay, McCluskie,
7		-	Michaelson Jenet, Ricks, Snyder, Weissman, Woodrow
8		-	.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING A REMEDY FOR IMPROPERLY ENTERED GUILTY PLEAS .
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, add 18-1-410.6 as
14		-	follows:
15		-	18-1-410.6. Relief from improperly entered guilty pleas for
16		-	certain misdemeanor and municipal offenses - legislative declaration.
	13	+	ONCERNING A REMEDY FOR IMPROPERLY ENTERED GUILTY PLEAS .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	The bill finds that some criminal defendants were not effectively
	22	+	advised of immigration consequences to a guilty plea, and therefore, these
	23	+	defendants did not knowingly, intelligently, and voluntarily enter a guilty
	24	+	plea.
	25	+	The bill authorizes these persons to petition the court for an order
	26	+	vacating the guilty plea.
	27	+	HOUSE
	28	+	3rd Reading Unamended
	29	+	April 4, 2022
	30	+	HOUSE
	31	+	Amended 2nd Reading
	32	+	April 1, 2022
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	March 9, 2022
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	March 8, 2022
	39	+	SENATE SPONSORSHIP
	40	+	Gonzales, Buckner, Coleman, Coram, Donovan, Fenberg, Fields, Gardner, Hansen, Hisey,
	41	+	Holbert, Kolker, Lee, Moreno, Pettersen, Priola, Rankin, Rodriguez, Simpson, Story
	42	+	HOUSE SPONSORSHIP
	43	+	Tipper, Bacon, Benavidez, Exum, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy,
	44	+	Lindsay, McCluskie, Michaelson Jenet, Ricks, Snyder, Weissman, Woodrow
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	47	+	Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
	48	+	SECTION 1. In Colorado Revised Statutes, add 18-1-410.6 as2
	49	+	follows:3
	50	+	18-1-410.6. Relief from improperly entered guilty pleas for4
	51	+	certain misdemeanor and municipal offenses - legislative declaration.5
17	52		(1) T
18		-	HE GENERAL ASSEMBLY FINDS THAT :
	53	+	HE GENERAL ASSEMBLY FINDS THAT :6
19	54		(a) S
20		-	INCE THE COLORADO SUPREME COURT DECISION IN PEOPLE V.
	55	+	INCE THE COLORADO SUPREME COURT DECISION IN PEOPLE V.7
21	56		P
22		-	OZO, 746 P.2d 523 (COLO. 1987), NONCITIZEN DEFENDANTS IN COLORADO
23		-	HAVE A CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
24		-	THAT REQUIRES DEFENSE COUNSEL WHO KNOWS THE CLIENT IS A NONCITIZEN
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. TO INFORM ITSELF OF RELEVANT IMMIGRATION LAW . THE UNITED STATES
33		-	SUPREME COURT IN
34		-	PADILLA V. KENTUCKY, 559 U.S. 356 (2010) FURTHER
35		-	HELD THAT DEFENSE COUNSEL MUST INFORM A CLIENT OF THE IMMIGRATION
36		-	CONSEQUENCES OF A PLEA
37		-	.
	57	+	OZO, 746 P.2d 523 (COLO. 1987), NONCITIZEN DEFE NDANTS IN8
	58	+	C
	59	+	OLORADO HAVE A CONSTITUTI ONAL RIGHT TO EFFECTIVE ASSISTANCE OF9
	60	+	COUNSEL THAT REQUIRES DEFENSE COUNSEL WHO KNOWS THE CLIENT IS10
	61	+	A NONCITIZEN TO INFORM ITSELF OF RELEVANT IMMIGRATION LAW . THE11
	62	+	U
	63	+	NITED STATES SUPREME COURT IN PADILLA V. KENTUCKY, 559 U.S. 35612
	64	+	(2010)
	65	+	FURTHER HELD THAT DEFENSE COUNSEL MUST INFORM A CLIENT OF13
	66	+	THE IMMIGRATION CONSEQUENCES OF A PLEA .14
38	67		(b) M
39		-	ANY NONCITIZEN DEFENDANTS RECEIVED INEFFECTIVE
40		-	ASSISTANCE OF COUNSEL REGARDING IMMIGRATION CONSEQUENCES OF A
41		-	GUILTY PLEA
42		-	.
	68	+	ANY NONCITIZEN DEFENDANTS RECEIVED INEFFECTIVE15
	69	+	ASSISTANCE OF COUNSEL REGARDING IMMIGRATION CONSEQUENCES OF A16
	70	+	GUILTY PLEA.17
43	71		(c) M
44		-	ANY PRO SE NONCITIZEN DEFENDANTS RECEIVED INADEQUATE
45		-	ADVISEMENTS THAT DID NOT EXPLAIN THAT THE RIGHT TO COUNSEL
46		-	INCLUDES THE RIGHT TO BE ADVISED OF IMMIGRATION CONSEQUENCES OF A
47		-	GUILTY PLEA
48		-	. CONSEQUENTLY, MANY PRO SE NONCITIZEN DEFENDANTS DID
49		-	NOT KNOWINGLY
50		-	, INTELLIGENTLY, AND VOLUNTARILY WAIVE THEIR RIGHT
51		-	TO COUNSEL WHEN ENTERING A GUILTY PLEA
52		-	.
	72	+	ANY PRO SE NONCITIZEN DEFENDANTS RECEIVED18
	73	+	INADEQUATE ADVISEMENTS THAT DID NOT EXPLAIN THAT THE RIGHT TO19
	74	+	COUNSEL INCLUDES THE RIGHT TO BE ADVISED OF IMMIGRATION20
	75	+	CONSEQUENCES OF A GUILTY PLEA . CONSEQUENTLY, MANY PRO SE21
	76	+	NONCITIZEN DEFENDANTS DID NOT KNOWINGLY , INTELLIGENTLY, AND22
	77	+	VOLUNTARILY WAIVE THEIR RIGHT TO COUNSEL WHEN ENTERING A GUILTY23
	78	+	PLEA.24
53	79		(d) M
54		-	ANY NONCITIZEN DEFENDANTS HAVE BEEN UNFAIRLY DEPRIVED
55		-	OF THE OPPORTUNITY TO CHALLENGE AN UNCONSTITUTIONAL GUILTY PLEA
56		-	DUE TO A TIME LIMITATION CONTAINED IN SECTION
57		-	16-5-402, A MUNICIPAL
58		-	ORDINANCE
59		-	, OR A MUNICIPAL COURT RULE OF PROCEDURE , DESPITE VALID
60		-	CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL OR AN INVALID WAIVER OF
61		-	THE RIGHT TO COUNSEL
62		-	.
	80	+	ANY NONCITIZEN DEFENDANTS HAVE BEEN UNFAIRLY25
	81	+	DEPRIVED OF THE OPPORTUNITY TO CHALLENGE AN UNCONSTITUTIONAL26
	82	+	GUILTY PLEA DUE TO A TIME LIMITATION
	83	+	CONTAINED IN SECTION 16-5-402,27
	84	+	103
	85	+	-2- A MUNICIPAL ORDINANCE, OR A MUNICIPAL COURT RULE OF PROCEDURE ,1
	86	+	DESPITE VALID CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL OR AN2
	87	+	INVALID WAIVER OF THE RIGHT TO COUNSEL .3
63	88		(e) P
64		-	ROTECTING THE CONSTITUTIONAL RIGHTS OF ALL COLORADANS
65		-	AND ENSURING THAT ALL DEFENDANTS ARE TREATED CONSISTENTLY IN
66		-	THEIR OPPORTUNITY TO AFFIRM THEIR CONSTITUTIONAL RIGHTS IS A MA TTER
67		-	OF STATEWIDE CONCERN
68		-	.
	89	+	ROTECTING THE CONSTITUTIONAL RIGHTS OF ALL
	90	+	4
	91	+	C
	92	+	OLORADANS AND ENSURING THAT ALL DEFENDANTS ARE TREATED
	93	+	5
	94	+	CONSISTENTLY IN THEIR OPPORTUNITY TO AFFIRM THEIR CONSTITUTIONAL6
	95	+	RIGHTS IS A MATTER OF STATEWIDE CONCERN .7
69	96		(2) T
70		-	HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT
71		-	NONCITIZEN DEFENDANTS MUST HAVE THE OPPORTUNITY TO MEANINGFULLY
72		-	CHALLENGE AN UNCONSTITUTIONALLY ENTERED GUILTY PLEA FOR CERTAIN
73		-	CLASS
74		-	1 MISDEMEANORS, CLASS 2 MISDEMEANORS, AND MUNICIPAL
75		-	OFFENSES
76		-	.
	97	+	HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT8
	98	+	NONCITIZEN DEFENDANTS MUST HAVE THE OPPORTUNITY TO9
	99	+	MEANINGFULLY CHALLENGE AN UNCONSTITUTIONALLY ENTERED GUILTY10
	100	+	PLEA FOR CERTAIN CLASS1 MISDEMEANORS, CLASS 2 MISDEMEANORS, AND11
	101	+	MUNICIPAL OFFENSES.12
77	102		(3) (a) N
78		-	OTWITHSTANDING A LIMITATION CONTAINED IN SECTION
79		-	16-5-402, A MUNICIPAL ORDINANCE , OR A MUNICIPAL COURT RULE OF
80		-	PROCEDURE
81		-	, AT ANY TIME FOLLOWING THE ENTRY OF A GUILTY PLEA , A
82		-	CRIMINAL DEFENDANT MAY CHALLENGE THE GUILTY PLEA ON THE GROUNDS
83		-	SET FORTH IN SUBSECTION
84		-	(4) OF THIS SECTION TO A:
85		-	PAGE 2-SENATE BILL 22-103 (I) CLASS 1 OR CLASS 2 MISDEMEANOR THAT IS NOT DEFINED IN
86		-	SECTION
87		-	24-4.1-302 (1) OR TITLE 42, AND COMMITTED BEFORE MARCH 1,
	103	+	OTWITHSTANDING A
	104	+	LIMITATION CONTAINED IN SECTION13
	105	+	16-5-402,
	106	+	A MUNICIPAL ORDINANCE, OR A MUNICIPAL COURT RULE OF
	107	+	14
	108	+	PROCEDURE, AT ANY TIME FOLLOWING THE ENTRY OF A GUILTY PLEA , A15
	109	+	CRIMINAL DEFENDANT MAY CHALLENGE THE GUILTY PLEA ON THE16
	110	+	GROUNDS SET FORTH IN SUBSECTION (4) OF THIS SECTION TO A:17
	111	+	(I) C
	112	+	LASS 1 OR CLASS 2 MISDEMEANOR THAT IS NOT DEFINED IN18
	113	+	SECTION 24-4.1-302 (1) OR TITLE 42, AND COMMITTED BEFORE MARCH 1,19
88	114		2022;
89		-	OR
90		-	(II) MUNICIPAL OFFENSE THAT IS NOT SUBSTANTIALLY SIMILAR TO
91		-	AN OFFENSE DEFINED IN SECTION
92		-	24-4.1-302 (1) OR TITLE 42, AND
93		-	COMMITTED BEFORE
94		-	MARCH 1, 2022.
	115	+	OR20
	116	+	(II) M
	117	+	UNICIPAL OFFENSE THAT IS NOT SUBSTANTIALLY SIMILAR TO21
	118	+	AN OFFENSE DEFINED IN SECTION 24-4.1-302 (1) OR TITLE 42, AND22
	119	+	COMMITTED BEFORE MARCH 1, 2022.23
95	120		(b) T
96		-	HE COURT IN WHICH THE GUILTY PLEA WAS ORIGINALLY
97		-	ENTERED HAS JURISDICTION AND AUTHORITY TO DECIDE THE MOTION
98		-	.
	121	+	HE COURT IN WHICH THE GUILTY PLEA WAS ORIGINALLY24
	122	+	ENTERED HAS JURISDICTION AND AUTHORITY TO DECIDE THE MOTION .25
99	123		(4) A
100		-	DEFENDANT MOVING TO VACATE A GUILTY PLEA TO A CLASS 1
101		-	OR CLASS 2 MISDEMEANOR, OR A MUNICIPAL OFFENSE, MUST, IN GOOD FAITH,
102		-	ALLEGE THE FOLLOWING:
	124	+	DEFENDANT MOVING TO VACATE A GUILTY PLEA TO A CLASS26
	125	+	1
	126	+	OR CLASS 2 MISDEMEANOR, OR A MUNICIPAL OFFENSE, MUST, IN GOOD27
	127	+	103
	128	+	-3- FAITH, ALLEGE THE FOLLOWING:1
103	129		(a) A
104		-	S A RESULT OF THE GUILTY PLEA , THE DEFENDANT HAS
105		-	SUFFERED
106		-	, IS CURRENTLY SUFFERING , OR WILL SUFFER AN ADVERSE
107		-	IMMIGRATION CONSEQUENCE
108		-	; AND
109		-	(b) THE GUILTY PLEA WAS OBTAINED IN VIOLATION OF THE
110		-	CONSTITUTION OR LAWS OF THE
111		-	UNITED STATES OR OF THIS STATE ON ONE
112		-	OR MORE OF THE FOLLOWING GROUNDS
113		-	:
	130	+	S A RESULT OF THE GUILTY PLEA , THE DEFENDANT HAS2
	131	+	SUFFERED, IS CURRENTLY SUFFERING, OR WILL SUFFER AN ADVERSE3
	132	+	IMMIGRATION CONSEQUENCE ; AND4
	133	+	(b) T
	134	+	HE GUILTY PLEA WAS OBTAINED IN VIOLATION OF THE5
	135	+	CONSTITUTION OR LAWS OF THE UNITED STATES OR OF THIS STATE ON ONE6
	136	+	OR MORE OF THE FOLLOWING GROUNDS :7
114	137		(I) T
115		-	HE DEFENDANT WAS NOT ~~ADE QUATELY~~ ADVISED OF ~~THE~~
116		-	ADVERSE ~~IMMIGRATION CONSEQUENCES OF THE GUILTY PLEA BY DEFENSE~~
117		-	~~COUNSEL~~
118		-	;
	138	+	HE DEFENDANT WAS NOT ADEQUATELY ADVISED OF THE8
	139	+	ADVERSE
	140	+	IMMIGRATION CONSEQUENCES OF THE GUILTY PLEA BY DEFENSE9
	141	+	COUNSEL;10
119	142		(II) T
120		-	HE DEFENDANT DID NOT KNOWINGLY , INTELLIGENTLY, ~~AND~~
121		-	VOLUNTARILY WAIVE THE RIGHT TO COUNSEL BECAUSE THE ~~DEFE NDANT WAS~~
122		-	NOT ADVISED THAT THE RIGHT TO COUNSEL INCLUDES THE RIGHT ~~TO BE~~
123		-	ADVISED REGARDING THE IMMIGRATION CONSEQUENCES OF A ~~GUILTY PLEA~~
124		-	;
125		-	OR
126		-	~~(III) THE~~ GUILTY PLEA WAS CONSTITUTIONALLY INFIRM FOR ~~ANY~~
127		-	OTHER REASON SET FORTH IN SECTION
128		-	~~18-1-410~~ (1)(a) TO (1)(d).
	143	+	HE DEFENDANT DID NOT KNOWINGLY , INTELLIGENTLY, AND11
	144	+	VOLUNTARILY WAIVE THE RIGHT TO COUNSEL BECAUSE THE DEFENDANT12
	145	+	WAS NOT ADVISED THAT THE RIGHT TO COUNSEL INCLUDES THE RIGHT TO13
	146	+	BE ADVISED REGARDING THE IMMIGRATION CONSEQUENCES OF A GUILTY14
	147	+	PLEA; OR15
	148	+	(III) T
	149	+	HE GUILTY PLEA WAS CONSTITUTIONALLY INFIRM FOR ANY16
	150	+	OTHER REASON SET FORTH IN SECTION 18-1-410
	151	+	(1)(a) TO (1)(d).17
129	152		(5) (a) U
130		-	PON RECEIPT OF THE DEFENDANT 'S MOTION, THE
131		-	PROSECUTION SHALL RESPOND WITHIN SIXTY
132		-	-THREE DAYS OR REQUEST
133		-	ADDITIONAL TIME FOR GOOD CAUSE SHOWN
134		-	. IF A RESPONSE IS NOT FILED,
135		-	THE DEFENDANT'S MOTION IS DEEMED UNOPPOSED , AND THE COURT SHALL
136		-	PAGE 3-SENATE BILL 22-103 GRANT THE DEFENDANT 'S MOTION. IF THE PROSECUTION OPPOSES THE
137		-	DEFENDANT
138		-	'S MOTION, IT SHALL ALLEGE, IN GOOD FAITH, THE FACTS UPON
139		-	WHICH IT BASES ITS OPPOSITION
140		-	. IF THE RESPONSE RAISES AN ISSUE OF
141		-	MATERIAL FACT
142		-	, THE COURT SHALL SET THE MATTER FOR AN EVIDENTIARY
143		-	HEARING WITHIN TWENTY
144		-	-ONE DAYS.
	153	+	PON RECEIPT OF THE DEFENDANT 'S MOTION, THE18
	154	+	PROSECUTION SHALL RESPOND WITHIN SIXTY -THREE
	155	+	DAYS OR REQUEST19
	156	+	ADDITIONAL TIME FOR GOOD CAUSE SHOWN . IF A RESPONSE IS NOT FILED,20
	157	+	THE DEFENDANT'S MOTION IS DEEMED UNOPPOSED, AND THE COURT SHALL21
	158	+	GRANT THE DEFENDANT 'S MOTION. IF THE PROSECUTION OPPOSES THE22
	159	+	DEFENDANT'S MOTION, IT SHALL ALLEGE, IN GOOD FAITH, THE FACTS UPON23
	160	+	WHICH IT BASES ITS OPPOSITION. IF THE RESPONSE RAISES AN ISSUE OF24
	161	+	MATERIAL FACT, THE COURT SHALL SET THE MATTER FOR AN EVIDENTIARY25
	162	+	HEARING WITHIN TWENTY-ONE DAYS. 26
145	163		(b) U
146		-	NLESS THE PROSECUTION PROVES BY A PREPONDERANCE OF THE
147		-	EVIDENCE THAT THE DEFENDANT WILL NOT SUFFER AN ADVERSE
148		-	IMMIGRATION CONSEQUENCE OR THAT THE GUILTY PLEA WAS
149		-	CONSTITUTIONALLY ENTERED
150		-	, THE COURT SHALL GRANT THE DEFENDANT 'S
151		-	MOTION
152		-	.
	164	+	NLESS THE PROSECUTION PROVES BY A PREPONDERANCE OF27
	165	+	103
	166	+	-4- THE EVIDENCE THAT THE DEFENDANT WILL NOT SUFFER AN ADVERSE1
	167	+	IMMIGRATION CONSEQUENCE OR THAT THE GUILTY PLEA WAS2
	168	+	CONSTITUTIONALLY ENTERED, THE COURT SHALL GRANT THE DEFENDANT'S3
	169	+	MOTION.4
153	170		(c) F
154		-	OR CLAIMS RAISED PURSUANT TO SUBSECTION (4)(b)(II) OF THIS
155		-	SECTION
156		-	, THE PROSECUTION SHALL NOT RELY SOLELY ON WRITTEN
157		-	DOCUMENTS
158		-	, SUCH AS A DEFERRED JUDGMENT AGREEMENT , PLEA
159		-	PAPERWORK
160		-	, OR TRANSCRIPT OF A COURT COLLOQUY, TO RAISE AN ISSUE OF
161		-	MATERIAL FACT TO OBTAIN AN EVIDENTIARY HEARING OR DEFEAT A CLAIM
162		-	AT THE HEARING UNLESS THE DOCUMENTS CLEARLY SHOW THAT THE
163		-	DEFENDANT WAS INFORMED BY THE COURT THAT THE RIGHT TO C OUNSEL
164		-	INCLUDED THE RIGHT TO BE ADVISED REGARDING THE IMMIGRATION
165		-	CONSEQUENCES RESULTING FROM A GUILTY PLEA AND THAT THE DEFENDANT
166		-	THEN KNOWINGLY
167		-	, INTELLIGENTLY, AND VOLUNTARILY WAIVED THAT RIGHT.
	171	+	OR CLAIMS RAISED PURSUANT TO SUBSECTION (4)(b)(II) OF5
	172	+	THIS SECTION, THE PROSECUTION SHALL NOT RELY SOLELY
	173	+	ON WRITTEN6
	174	+	DOCUMENTS, SUCH AS A DEFERRED JUDGMENT AGREEMENT , PLEA7
	175	+	PAPERWORK, OR TRANSCRIPT OF A COURT COLLOQUY , TO RAISE AN ISSUE8
	176	+	OF MATERIAL FACT TO OBTAIN AN EVIDENTIARY HEARING OR DEFEAT A9
	177	+	CLAIM AT THE HEARING UNLESS THE DOCUMENTS CLEARLY SHOW THAT10
	178	+	THE DEFENDANT WAS INFORMED BY THE COURT THAT THE RIGHT TO11
	179	+	COUNSEL INCLUDED THE RIGHT TO BE ADVISED REGARDING THE12
	180	+	IMMIGRATION CONSEQUENCES RESULTING FROM A GUILTY PLEA AND THAT13
	181	+	THE DEFENDANT THEN KNOWINGLY , INTELLIGENTLY, AND VOLUNTARILY14
	182	+	WAIVED THAT RIGHT.15
168	183		(6) I
169		-	F THE DEFENDANT SUCCEEDS IN CHALLENGING A GUILTY PLEA
170		-	PURSUANT TO THIS SECTION
171		-	, THE COURT SHALL VACATE THE GUILTY PLEA AS
172		-	CONSTITUTIONALLY INFIRM AND SET THE CASE FOR AN ARRAIGNMENT
173		-	.
174		-	SECTION 2. In Colorado Revised Statutes, amend 13-10-103 as
175		-	follows:
176		-	13-10-103. Applicability. This article 10 applies to and governs the
177		-	operation of municipal courts in the cities and towns of this state. Except for
178		-	the provisions relating to the method of salary payment for municipal
179		-	judges, the incarceration of children pursuant to sections 19-2.5-305 and
180		-	19-2.5-1511, the appearance of the parent, guardian, or lawful custodian of
181		-	any child under eighteen years of age who is charged with a municipal
182		-	offense as required by section 13-10-111, the right to a trial by jury for petty
183		-	offenses pursuant to section 16-10-109,
184		-	RELIEF FROM IMPROPERLY ENTERED
185		-	GUILTY PLEAS PURSUANT TO SECTION
186		-	18-1-410.6, rules of procedure
187		-	promulgated by the supreme court, and appellate procedure, this article 10
188		-	PAGE 4-SENATE BILL 22-103 may be superseded by charter or ordinance enacted by a home rule city.
189		-	SECTION 3. Safety clause. The general assembly hereby finds,
190		-	determines, and declares that this act is necessary for the immediate
191		-	preservation of the public peace, health, or safety.
192		-	____________________________ ____________________________
193		-	Steve Fenberg Alec Garnett
194		-	PRESIDENT OF SPEAKER OF THE HOUSE
195		-	THE SENATE OF REPRESENTATIVES
196		-	____________________________ ____________________________
197		-	Cindi L. Markwell Robin Jones
198		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
199		-	THE SENATE OF REPRESENTATIVES
200		-	APPROVED________________________________________
201		-	(Date and Time)
202		-	_________________________________________
203		-	Jared S. Polis
204		-	GOVERNOR OF THE STATE OF COLORADO
205		-	PAGE 5-SENATE BILL 22-103
	184	+	F THE DEFENDANT SUCCEEDS IN CHALLENGING A GUILTY PLEA16
	185	+	PURSUANT TO THIS SECTION, THE COURT SHALL VACATE THE GUILTY PLEA17
	186	+	AS CONSTITUTIONALLY INFIRM AND SET THE CASE FOR AN ARRAIGNMENT .
	187	+	18
	188	+	SECTION 2. In Colorado Revised Statutes, amend 13-10-103 as19
	189	+	follows:20
	190	+	13-10-103. Applicability. This article 10 applies to and governs21
	191	+	the operation of municipal courts in the cities and towns of this state.22
	192	+	Except for the provisions relating to the method of salary payment for23
	193	+	municipal judges, the incarceration of children pursuant to sections24
	194	+	19-2.5-305 and 19-2.5-1511, the appearance of the parent, guardian, or25
	195	+	lawful custodian of any child under eighteen years of age who is charged26
	196	+	with a municipal offense as required by section 13-10-111, the right to a27
	197	+	103
	198	+	-5- trial by jury for petty offenses pursuant to section 16-10-109, RELIEF1
	199	+	FROM IMPROPERLY ENTERED GUILTY PLEAS PURSUANT TO SECTION2
	200	+	18-1-410.6, rules of procedure promulgated by the supreme court, and3
	201	+	appellate procedure, this article 10 may be superseded by charter or4
	202	+	ordinance enacted by a home rule city.5
	203	+	SECTION 3. Safety clause. The general assembly hereby finds,6
	204	+	determines, and declares that this act is necessary for the immediate7
	205	+	preservation of the public peace, health, or safety.8
	206	+	103
	207	+	-6-