Page 1
June 5, 2023 HB 23-1169
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0771
Rep. Bacon
Date:
Bill Status:
Fiscal Analyst:
June 5, 2023
Postponed Indefinitely
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: LIMIT ARREST FOR LOW-LEVEL OFFENSES
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill would have required that an individual receive a summons for certain criminal
offenses in lieu of an arrest. Starting in FY 2023-24, the bill would have increased
state expenditures and decreased local government workload.
Appropriation
Summary:
For FY 2023-24, the bill would have required an appropriation of $13,365 to the Judicial
Department.
Fiscal Note
Status:
The fiscal note reflects the introduced bill. This bill was postponed indefinitely by the
House Judiciary Committee on April 5, 2023; therefore, the impacts identified in this
analysis do not take effect.
Table 1
State Fiscal Impacts Under HB 23-1169
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $13,365 $17,821
Centrally Appropriated $3,455 $4,973
Total Expenditures $16,820 $22,794
Total FTE 0.2 FTE 0.3 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $2,005 $2,673
Page 2
June 5, 2023 HB 23-1169
Summary of Legislation
The bill requires that a summons be issued, in lieu of an arrest, for all petty offenses, drug petty
offenses, class 2 traffic misdemeanor offenses, and all municipal offenses where there is no comparable
state misdemeanor offense. An arrest warrant may be ordered if the location of the person is unknown
and is necessary to subject the person to the jurisdiction of the court.
The bill also makes certain exceptions to the requirement to issue a summons be issued in lieu of an
arrest for domestic violence cases, victim rights crimes, offenses involving impaired driving, traffic
offenses involving bodily injury or death, persons eluding a police office, and cases where an officer
is statutorily required to make an arrest. The bill does not limit the authority of an officer to execute
an arrest warrant, including warrants issued for failure to appear in court.
Lastly, the bill encourages law enforcement agencies that serve a community with a co-responder or
diversion opportunities to collaborate with those organizations to increase their usage.
State Expenditures
The bill increases state General Fund expenditures in the Judicial Department by about $17,000 in
FY 2023-24 and $23,000 in FY 2024-25. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 23-1169
FY 2023-24 FY 2024-25
Judicial Department
Personal Services $13,365 $17,821
Centrally Appropriated Costs
1
$3,455 $4,973
Total Cost $16,820 $22,794
Total FTE 0.2 FTE 0.3 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Judicial Department. The Judicial Department will require 0.3 FTE for court staff to enter case
information that would have been entered by the arresting agency if the individual was arrested. It
is estimated that there are about 15,300 cases per year that would qualify for a summons under the
bill and that 50 percent of these cases already involve issuance of a summons. Costs in FY 2023-24
prorated for the General Fund pay date shift and a September 1 start date.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
Page 3
June 5, 2023 HB 23-1169
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1, decreasing the amount of General Fund available for other purposes.
Local Government
Starting in FY 2023-24, local law enforcement agency workload will decrease from fewer individuals
being arrested. In addition, court staff, rather than the arresting agency, will enter case information
for individuals issued a summons who would otherwise have been arrested under current law.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State Appropriations
For FY 2023-24, the bill requires an appropriation of $13,365 from the General Fund to the Judicial
Department and 0.2 FTE.
State and Local Government Contacts
District Attorneys Judicial Sheriffs
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.