Colorado 2023 Regular Session

Colorado House Bill HB1169 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0771.01 Michael Dohr x4347
8	8	HOUSE BILL 23-1169
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING A NON-ARREST RESPONSE BY LAW ENFORCEMENT FOR101
14	14	CERTAIN LOW-LEVEL OFFENSES.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill prohibits a peace officer from arresting a person based
23	23	solely on the alleged commission of a petty offense, except for petty theft,
24	24	a drug petty offense, a class 2 traffic misdemeanor or comparable
25	25	municipal offense, and all municipal offenses for which there is no
26	26	comparable state misdemeanor offense, unless the location of the person
27	27	is unknown and the issuance of an arrest warrant is necessary in order to
28	28	HOUSE SPONSORSHIP
29	29	Bacon,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. subject the person to the jurisdiction of the court.
35	35	The bill does not limit a peace officer's authority to arrest a person
36	36	for an alleged offense:
37	37	! For which custodial arrest is statutorily required;
38	38	! That is a victim rights act crime;
39	39	! For a driving under the influence or a driving while
40	40	impaired offense or a municipal offense with substantially
41	41	similar elements;
42	42	! That is a traffic offense involving death or bodily injury or
43	43	a municipal offense with substantially similar elements;
44	44	! That is eluding or attempting to elude a police officer or a
45	45	municipal offense with substantially similar elements; or
46	46	! That is operating a vehicle after circumventing an interlock
47	47	device or a municipal offense with substantially similar
48	48	elements.
49	49	The bill does not limit a peace officer's authority to execute an
50	50	arrest warrant or require a court or sheriff as a matter of jail
51	51	administration to verify compliance with the bill.
52	52	Be it enacted by the General Assembly of the State of Colorado:1
53	53	SECTION 1. Legislative declaration. (1) The general assembly2
54	54	finds and declares that:3
55	55	(a) The general assembly will improve public safety by addressing4
56	56	the root causes of crime;5
57	57	(b) The commission and resulting custodial arrest of low-level6
58	58	offenses, commonly tied to behavioral health, substance use, and7
59	59	homelessness issues, which are often exacerbated by jail, are most8
60	60	effectively addressed by alternate-responder models or diversionary9
61	61	community supports;10
62	62	(c) Public safety is served by responding to low-level offenses11
63	63	with increased services rather than custodial arrest because12
64	64	non-prosecution of low-level offenses has been shown to reduce13
65	65	reoffending, or recidivism, for these populations;14
66	66	(d) Addressing low-level offenses by issuing a summons in lieu15
67	67	HB23-1169-2- of arrest and thereby reducing the reliance on jailing for the lowest level1
68	68	of offenses serves the interest of improving public safety;2
69	69	(e) Alternate response, co-response, and diversion opportunities3
70	70	are the most effective and preferred response to low-level offenses tied4
71	71	to behavioral health, substance use, and homelessness;5
72	72	(f) Addressing low-level offenses by issuing a summons in lieu of6
73	73	arrest, as well as providing diversionary health and housing tactics, is a7
74	74	cost-effective approach because the financial costs of arresting and jailing8
75	75	people are rising and the risks of harm to those arrested and jailed for9
76	76	low-level offenses are psychologically costly. The direct costs associated10
77	77	with jailing someone who needs mental health medications can reach11
78	78	more than $175 a day per person in some jurisdictions.12
79	79	(g) A person jailed for a low-level offense can lose life-altering13
80	80	resources such as medicaid, housing, employment, or academic14
81	81	opportunities, and those losses accrue indirect long-term costs to the15
82	82	community;16
83	83	(h) Further, of the lives lost during incidents with law17
84	84	enforcement, over half involved incidents that began in response to an18
85	85	alleged low-level offense, mental health call, or a situation in which no19
86	86	crime was alleged, and these deaths disproportionately affect people of20
87	87	color;21
88	88	(i) The commission on criminal and juvenile justice represents a22
89	89	collaborative bipartisan body of criminal legal and law enforcement23
90	90	experts and recommends the use of summons in lieu of warrant or arrest24
91	91	for low-level offenses;25
92	92	(j) The behavioral health transformational task force found in26
93	93	January 2022 that "in Colorado, a person with serious mental illness is27
94	94	HB23-1169
95	95	-3- more likely to be in jail than in a care facility, resulting in jails and1
96	96	prisons acting as the biggest providers of mental health care in our state".2
97	97	Resources can be better allocated to allow for behavioral health3
98	98	professionals and others trained in intervention to respond to these4
99	99	individuals rather than law enforcement personnel.5
100	100	(k) The affordable housing transformational task force cited a6
101	101	2021 Urban Institute study showing it costs on average $20,000 a year to7
102	102	house a person who is experiencing homelessness, as compared to the8
103	103	$30,000 to $50,000 cost to leave that person unhoused and using9
104	104	emergency services like jails;10
105	105	(l) The state of Colorado is preparing to make historic investments11
106	106	in co-responder strategies, pre-arrest and pre-trial programs, and health12
107	107	and housing supports for cities, counties, and municipalities to support13
108	108	criminal justice diversion systems as an alternative intervention for14
109	109	low-level offenses; and15
110	110	(m) Limited law enforcement resources should be preserved for16
111	111	severe crimes deserving of law enforcement's skills and training, not for17
112	112	low-level offenses driven by poverty or mental health or substance use18
113	113	disorders.19
114	114	(2) Therefore, the general assembly determines that it is necessary20
115	115	to require a summons in lieu of arrest for low-level offenses.21
116	116	SECTION 2. In Colorado Revised Statutes, repeal and reenact,22
117	117	with amendments, 16-5-206 as follows:23
118	118	16-5-206. Summons in lieu of warrant or arrest - exceptions24
119	119	- presumptions - short title. (1) A
120	120	SUMMONS IN LIEU OF ARREST MUST25
121	121	BE ISSUED FOR ALL PETTY OFFENSES, EXCEPT FOR THEFT IN VIOLATION OF26
122	122	SECTION 18-4-401 (2)(b); ALL DRUG PETTY OFFENSES ; ALL CLASS 227
123	123	HB23-1169
124	124	-4- MISDEMEANOR TRAFFIC OFFENSES ; AND ANY COMPARABLE MUNICIPAL1
125	125	OFFENSES AND ALL MUNICIPAL OFFENSES FOR WHICH THERE IS NO2
126	126	COMPARABLE STATE MISDEMEANOR OFFENSE , UNLESS THE LOCATION OF3
127	127	THE PERSON IS UNKNOWN AND THE ISSUANCE OF AN ARREST WARRANT IS4
128	128	NECESSARY IN ORDER TO SUBJECT THE PERSON TO THE JURISDICTION OF5
129	129	THE COURT.6
130	130	(2) N
131	131	OTHING IN SUBSECTION (1) OF THIS SECTION LIMITS A PEACE7
132	132	OFFICER'S AUTHORITY TO ARREST A PERSON FOR AN ALLEGED OFFENSE :8
133	133	(a) F
134	134	OR WHICH ARREST IS STATUTORILY REQUIRED , INCLUDING A9
135	135	CRIME ALLEGING DOMESTIC VIOLENCE ;10
136	136	(b) T
137	137	HAT IS A VICTIM RIGHTS ACT CRIME, AS DEFINED IN SECTION11
138	138	24-4.1-302
139	139	(1);12
140	140	(c) F
141	141	OR A DRIVING UNDER THE INFLUENCE OR A DRIVING WHILE13
142	142	IMPAIRED OFFENSE AS DESCRIBED IN SECTION 42-4-1301, OR A MUNICIPAL14
143	143	OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS ;15
144	144	(d) T
145	145	HAT IS A TRAFFIC OFFENSE INVOLVING DEATH OR BODILY16
146	146	INJURY OR A MUNICIPAL OFFENSE WITH SUBSTANTIALLY SIMILAR17
147	147	ELEMENTS;18
148	148	(e) T
149	149	HAT IS ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER19
150	150	AS DESCRIBED IN SECTION 42-4-1413, OR A MUNICIPAL OFFENSE WITH20
151	151	SUBSTANTIALLY SIMILAR ELEMENTS ; OR21
152	152	(f) T
153	153	HAT IS OPERATING A VEHICLE AFTER CIRCUMVENTING AN22
154	154	INTERLOCK DEVICE AS DESCRIBED IN SECTION 42-2-132.5 (10), OR A23
155	155	MUNICIPAL OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS .24
156	156	(3) N
157	157	OTHING IN SUBSECTION (1) OF THIS SECTION LIMITS A PEACE25
158	158	OFFICER'S AUTHORITY TO EXECUTE AN ARREST WARRANT , INCLUDING A26
159	159	WARRANT FOR FAILURE TO APPEAR .27
160	160	HB23-1169
161	161	-5- (4) SUBSECTION (1) OF THIS SECTION CREATES OBLIGATIONS UPON1
162	162	AN ARRESTING PEACE OFFICER BUT DOES NOT REQUIRE A COURT OR2
163	163	SHERIFF, AS IT RELATES TO JAIL ADMINISTRATION, TO PERFORM A REVIEW3
164	164	TO ENSURE COMPLIANCE WITH THIS SECTION .4
165	165	(5) A
166	166	LAW ENFORCEMENT AGENCY THAT SERVES A COMMUNITY5
167	167	THAT HAS ALTERNATE RESPONSE , CO-RESPONSE, OR DIVERSION6
168	168	OPPORTUNITIES FOR LOW-LEVEL OFFENSES RELATED TO BEHAVIORAL7
169	169	HEALTH, SUBSTANCE USE, OR HOMELESSNESS IS STRONGLY ENCOURAGED8
170	170	TO COLLABORATE TO THE GREATEST EXTENT POSSIBLE WITH THOSE9
171	171	PROGRAMS TO INCREASE THEIR USAGE , ALLOWING LIMITED LAW10
172	172	ENFORCEMENT RESOURCES TO BE USED FOR MORE SERIOUS OFFENSES .11
173	173	(6) T
174	174	HIS SECTION IS KNOWN AS AND MAY BE CITED AS THE12
175	175	"M
176	176	ICHAEL MARSHALL JUSTICE ACT".13
177	177	SECTION 3. Act subject to petition - effective date. This act14
178	178	takes effect at 12:01 a.m. on the day following the expiration of the15
179	179	ninety-day period after final adjournment of the general assembly; except16
180	180	that, if a referendum petition is filed pursuant to section 1 (3) of article V17
181	181	of the state constitution against this act or an item, section, or part of this18
182	182	act within such period, then the act, item, section, or part will not take19
183	183	effect unless approved by the people at the general election to be held in20
184	184	November 2024 and, in such case, will take effect on the date of the21
185	185	official declaration of the vote thereon by the governor.22
186	186	HB23-1169
187	187	-6-