First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0771.01 Michael Dohr x4347
HOUSE BILL 23-1169
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING A NON-ARREST RESPONSE BY LAW ENFORCEMENT FOR101
CERTAIN LOW-LEVEL OFFENSES.102
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 will be available at
http://leg.colorado.gov
.)
The bill prohibits a peace officer from arresting a person based
solely on the alleged commission of a petty offense, except for petty theft,
a drug petty offense, a class 2 traffic misdemeanor or comparable
municipal offense, and all municipal offenses for which there is no
comparable state misdemeanor offense, unless the location of the person
is unknown and the issuance of an arrest warrant is necessary in order to
HOUSE SPONSORSHIP
Bacon,
SENATE SPONSORSHIP
(None),
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. subject the person to the jurisdiction of the court.
The bill does not limit a peace officer's authority to arrest a person
for an alleged offense:
! For which custodial arrest is statutorily required;
! That is a victim rights act crime;
! For a driving under the influence or a driving while
impaired offense or a municipal offense with substantially
similar elements;
! That is a traffic offense involving death or bodily injury or
a municipal offense with substantially similar elements;
! That is eluding or attempting to elude a police officer or a
municipal offense with substantially similar elements; or
! That is operating a vehicle after circumventing an interlock
device or a municipal offense with substantially similar
elements.
The bill does not limit a peace officer's authority to execute an
arrest warrant or require a court or sheriff as a matter of jail
administration to verify compliance with the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The general assembly will improve public safety by addressing4
the root causes of crime;5
(b) The commission and resulting custodial arrest of low-level6
offenses, commonly tied to behavioral health, substance use, and7
homelessness issues, which are often exacerbated by jail, are most8
effectively addressed by alternate-responder models or diversionary9
community supports;10
(c) Public safety is served by responding to low-level offenses11
with increased services rather than custodial arrest because12
non-prosecution of low-level offenses has been shown to reduce13
reoffending, or recidivism, for these populations;14
(d) Addressing low-level offenses by issuing a summons in lieu15
HB23-1169-2- of arrest and thereby reducing the reliance on jailing for the lowest level1
of offenses serves the interest of improving public safety;2
(e) Alternate response, co-response, and diversion opportunities3
are the most effective and preferred response to low-level offenses tied4
to behavioral health, substance use, and homelessness;5
(f) Addressing low-level offenses by issuing a summons in lieu of6
arrest, as well as providing diversionary health and housing tactics, is a7
cost-effective approach because the financial costs of arresting and jailing8
people are rising and the risks of harm to those arrested and jailed for9
low-level offenses are psychologically costly. The direct costs associated10
with jailing someone who needs mental health medications can reach11
more than $175 a day per person in some jurisdictions.12
(g) A person jailed for a low-level offense can lose life-altering13
resources such as medicaid, housing, employment, or academic14
opportunities, and those losses accrue indirect long-term costs to the15
community;16
(h) Further, of the lives lost during incidents with law17
enforcement, over half involved incidents that began in response to an18
alleged low-level offense, mental health call, or a situation in which no19
crime was alleged, and these deaths disproportionately affect people of20
color;21
(i) The commission on criminal and juvenile justice represents a22
collaborative bipartisan body of criminal legal and law enforcement23
experts and recommends the use of summons in lieu of warrant or arrest24
for low-level offenses;25
(j) The behavioral health transformational task force found in26
January 2022 that "in Colorado, a person with serious mental illness is27
HB23-1169
-3- more likely to be in jail than in a care facility, resulting in jails and1
prisons acting as the biggest providers of mental health care in our state".2
Resources can be better allocated to allow for behavioral health3
professionals and others trained in intervention to respond to these4
individuals rather than law enforcement personnel.5
(k) The affordable housing transformational task force cited a6
2021 Urban Institute study showing it costs on average $20,000 a year to7
house a person who is experiencing homelessness, as compared to the8
$30,000 to $50,000 cost to leave that person unhoused and using9
emergency services like jails;10
(l) The state of Colorado is preparing to make historic investments11
in co-responder strategies, pre-arrest and pre-trial programs, and health12
and housing supports for cities, counties, and municipalities to support13
criminal justice diversion systems as an alternative intervention for14
low-level offenses; and15
(m) Limited law enforcement resources should be preserved for16
severe crimes deserving of law enforcement's skills and training, not for17
low-level offenses driven by poverty or mental health or substance use18
disorders.19
(2) Therefore, the general assembly determines that it is necessary20
to require a summons in lieu of arrest for low-level offenses.21
SECTION 2. In Colorado Revised Statutes, repeal and reenact,22
with amendments, 16-5-206 as follows:23
16-5-206. Summons in lieu of warrant or arrest - exceptions24
- presumptions - short title. (1) A
SUMMONS IN LIEU OF ARREST MUST25
BE ISSUED FOR ALL PETTY OFFENSES, EXCEPT FOR THEFT IN VIOLATION OF26
SECTION 18-4-401 (2)(b); ALL DRUG PETTY OFFENSES ; ALL CLASS 227
HB23-1169
-4- MISDEMEANOR TRAFFIC OFFENSES ; AND ANY COMPARABLE MUNICIPAL1
OFFENSES AND ALL MUNICIPAL OFFENSES FOR WHICH THERE IS NO2
COMPARABLE STATE MISDEMEANOR OFFENSE , UNLESS THE LOCATION OF3
THE PERSON IS UNKNOWN AND THE ISSUANCE OF AN ARREST WARRANT IS4
NECESSARY IN ORDER TO SUBJECT THE PERSON TO THE JURISDICTION OF5
THE COURT.6
(2) N
OTHING IN SUBSECTION (1) OF THIS SECTION LIMITS A PEACE7
OFFICER'S AUTHORITY TO ARREST A PERSON FOR AN ALLEGED OFFENSE :8
(a) F
OR WHICH ARREST IS STATUTORILY REQUIRED , INCLUDING A9
CRIME ALLEGING DOMESTIC VIOLENCE ;10
(b) T
HAT IS A VICTIM RIGHTS ACT CRIME, AS DEFINED IN SECTION11
24-4.1-302
(1);12
(c) F
OR A DRIVING UNDER THE INFLUENCE OR A DRIVING WHILE13
IMPAIRED OFFENSE AS DESCRIBED IN SECTION 42-4-1301, OR A MUNICIPAL14
OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS ;15
(d) T
HAT IS A TRAFFIC OFFENSE INVOLVING DEATH OR BODILY16
INJURY OR A MUNICIPAL OFFENSE WITH SUBSTANTIALLY SIMILAR17
ELEMENTS;18
(e) T
HAT IS ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER19
AS DESCRIBED IN SECTION 42-4-1413, OR A MUNICIPAL OFFENSE WITH20
SUBSTANTIALLY SIMILAR ELEMENTS ; OR21
(f) T
HAT IS OPERATING A VEHICLE AFTER CIRCUMVENTING AN22
INTERLOCK DEVICE AS DESCRIBED IN SECTION 42-2-132.5 (10), OR A23
MUNICIPAL OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS .24
(3) N
OTHING IN SUBSECTION (1) OF THIS SECTION LIMITS A PEACE25
OFFICER'S AUTHORITY TO EXECUTE AN ARREST WARRANT , INCLUDING A26
WARRANT FOR FAILURE TO APPEAR .27
HB23-1169
-5- (4) SUBSECTION (1) OF THIS SECTION CREATES OBLIGATIONS UPON1
AN ARRESTING PEACE OFFICER BUT DOES NOT REQUIRE A COURT OR2
SHERIFF, AS IT RELATES TO JAIL ADMINISTRATION, TO PERFORM A REVIEW3
TO ENSURE COMPLIANCE WITH THIS SECTION .4
(5) A
LAW ENFORCEMENT AGENCY THAT SERVES A COMMUNITY5
THAT HAS ALTERNATE RESPONSE , CO-RESPONSE, OR DIVERSION6
OPPORTUNITIES FOR LOW-LEVEL OFFENSES RELATED TO BEHAVIORAL7
HEALTH, SUBSTANCE USE, OR HOMELESSNESS IS STRONGLY ENCOURAGED8
TO COLLABORATE TO THE GREATEST EXTENT POSSIBLE WITH THOSE9
PROGRAMS TO INCREASE THEIR USAGE , ALLOWING LIMITED LAW10
ENFORCEMENT RESOURCES TO BE USED FOR MORE SERIOUS OFFENSES .11
(6) T
HIS SECTION IS KNOWN AS AND MAY BE CITED AS THE12
"M
ICHAEL MARSHALL JUSTICE ACT".13
SECTION 3. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
HB23-1169
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