Colorado 2025 Regular Session

Colorado House Bill HB1049 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0303.01 Michael Dohr x4347
8	8		HOUSE BILL 25-1049
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING COMMUNICATION RIGHT S FOR PERSONS IN CUSTODY .101
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		Legislative Oversight Committee Concerning Colorado Jail
23	23		Standards. Current law allows a person who is committed, imprisoned,
24	24		or arrested (person in custody) the right to communicate with an attorney
25	25		or family member by making a reasonable number of telephone calls or
26	26		through any other reasonable manner. The bill adds the right for a person
27	27		in custody to receive a reasonable number of telephone calls or other
28	28		reasonable communications and to communicate through interactive
29	29		audiovisual conferencing, if available.
30	30		HOUSE
31		-	3rd Reading Unamended
32		-	April 15, 2025
33		-	HOUSE
34	31		Amended 2nd Reading
35	32		April 14, 2025
36	33		HOUSE SPONSORSHIP
37		-	Garcia, Bacon, Boesenecker, Brown, Clifford, Froelich, Jackson, Lindsay, Mabrey,
38		-	McCormick, Sirota, Smith, Titone, Woodrow, Zokaie
	34	+	Garcia,
39	35		SENATE SPONSORSHIP
40	36		Amabile and Gonzales J.,
41	37		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
42	38		Capital letters or bold & italic numbers indicate new material to be added to existing law.
43	39		Dashes through the words or numbers indicate deletions from existing law. Current law allows a person in custody the right to consult with an
44	40		attorney. The bill clarifies that the person in custody has the right to make
45	41		and receive private and unrecorded legal telephone calls without cost,
46	42		and, alternatively, to communicate through private unrecorded interactive
47	43		audiovisual conferencing.
48	44		Current law requires all peace officers or individuals who have a
49	45		person in custody to allow the person in custody to see and consult with
50	46		an attorney, alone and in private, at the location the person in custody is
51	47		being held. The bill expands this requirement to allow the attorney for the
52	48		person in custody to call and consult with the person in custody by
53	49		telephone through a private and unrecorded legal telephone call without
54	50		cost or by making and receiving private and unrecorded interactive
55	51		audiovisual conferencing calls without cost.
56	52		Be it enacted by the General Assembly of the State of Colorado:1
57	53		SECTION 1. In Colorado Revised Statutes, add 16-3-400.3 as2
58	54		follows:3
59	55		16-3-400.3. Definitions. AS USED IN THIS PART 4, UNLESS THE4
60	56		CONTEXT OTHERWISE REQUIRES :5
61	57		(1) "AUTHORIZED REPRESENTATIVE" MEANS A PROFESSIONAL6
62	58		PERSON WHO IS EMPLOYED BY OR UNDER CONTRACT WITH AN ATTORNEY,7
63	59		THE ATTORNEY'S OFFICE, OR WITH A STATE AGENCY TO ASSIST IN8
64	60		PROVIDING LEGAL REPRESENTATION TO A PERSON COMMITTED ,9
65	61		IMPRISONED, OR ARRESTED AND WHO HAS BEEN AUTHORIZED BY THE10
66	62		ATTORNEY TO CONSULT WITH THEIR CLIENTS AND THE AUTHORIZATION11
67	63		CAN BE CONFIRMED BY LAW ENFORCEMENT PRIOR TO ALLOWING THE12
68	64		CONSULTATION.13
69	65		(2) "PLACE OF CONFINEMENT" MEANS A JAIL OR OTHER FIXED14
70	66		PLACE OF CONFINEMENT OPERATED BY THE COUNTY OR OTHER15
71	67		GOVERNMENTAL AUTHORITY TO HOLD PERSONS COMMITTED, IMPRISONED,16
72	68		OR ARRESTED FOR ANY CAUSE, OR A FACILITY OR OTHER FIXED PLACE OF17
73	69		CONFINEMENT OPERATED BY THE DEPARTMENT OF CORRECTIONS OR18
74	70		1049-2- UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS AT WHICH THE1
75	71		IN-CUSTODY PERSON IS HELD FOR MORE THAN TWENTY -FOUR HOURS.2
76	72		SECTION 2. In Colorado Revised Statutes, 16-3-402, amend (1),3
77	73		(2), and (3) as follows:4
78	74		16-3-402. Right to communicate with attorney and family.5
79	75		(1) Persons who are arrested shall have A PERSON WHO IS ARRESTED HAS6
80	76		the right to communicate with an attorney of their THE PERSON'S choice7
81	77		and a member of their THE PERSON'S family by making a reasonable8
82	78		number of telephone calls or by communicating in any other reasonable9
83	79		manner. Such THE communication shall MUST be permitted at the earliest10
84	80		possible time after arrival at the police station, sheriff's office, jail, or11
85	81		other like confinement facility to which such THE person is first taken12
86	82		after arrest.13
87	83		(2) If the accused PERSON is transferred to a new place of custody,14
88	84		his THE ACCUSED PERSON'S right to communicate with an attorney and a15
89	85		member of his THE ACCUSED PERSON'S family is renewed.16
90	86		(3) (a) Consistent with the provisions of section 21-1-103, C.R.S.,17
91	87		if any A person in custody indicates in any manner his THE desire to speak18
92	88		with an attorney, or the court determines that an inquiry into the matter of19
93	89		indigency should occur, the A public defender shall be OR THE PUBLIC20
94	90		DEFENDER'S AUTHORIZED REPRESENTATIVE IS permitted to communicate21
95	91		with that person to determine whether that THE person IN CUSTODY has22
96	92		counsel, and, if WHETHER the person IN CUSTODY desires that23
97	93		REPRESENTATION FROM the public defender, represent him, AND to make24
98	94		an initial determination as to whether the person IN CUSTODY is indigent.25
99	95		If the public defender OR THE PUBLIC DEFENDER'S AUTHORIZED26
100	96		REPRESENTATIVE determines that the person IN CUSTODY is indigent, such27
101	97		1049
102	98		-3- THE person IN CUSTODY shall apply for representation by the public1
103	99		defender in accordance with section 21-1-103. C.R.S.2
104	100		(b) The public defender, upon his request and with due regard for3
105	101		reasonable law enforcement administrative AND OPERATIONAL4
106	102		procedures, shall be IS permitted to determine whether or not any A5
107	103		person in custody has been taken without unnecessary delay before the6
108	104		nearest available county or district judge.7
109	105		SECTION 3. In Colorado Revised Statutes, amend 16-3-403 as8
110	106		follows:9
111	107		16-3-403. Right to consult with attorney. Any A person10
112	108		committed, imprisoned, or arrested for any cause, whether or not such11
113	109		THE person is charged with an offense, shall be IS allowed to consult with12
114	110		an attorney-at-law of this state OR THE ATTORNEY'S AUTHORIZED13
115	111		REPRESENTATIVE whom such THE person desires to see or consult, alone14
116	112		and in private at the place of custody, as many times and for such A15
117	113		period each time as is reasonable. Except where extradition proceedings16
118	114		have been completed or are not required by law, when any such A person17
119	115		is about to be moved beyond the limits of this state, the person to be18
120	116		moved shall be IS entitled to a reasonable delay for the purpose of19
121	117		obtaining counsel and of availing himself of BENEFITING FROM the laws20
122	118		of this state for the security of personal liberty.21
123	119		SECTION 4. In Colorado Revised Statutes, 16-3-404, amend (1);22
124	120		and add (1.5) as follows:23
125	121		16-3-404. Duty of officers to admit attorney. (1) All peace24
126	122		officers or persons having in custody any A person committed,25
127	123		imprisoned, or arrested for any alleged cause shall forthwith admit any AN26
128	124		attorney-at-law in this state OR THE ATTORNEY'S AUTHORIZED27
129	125		1049
130	126		-4- REPRESENTATIVE, upon the demand of the prisoner CONFINED PERSON or1
131	127		of a friend, relative, spouse, or attorney of the prisoner CONFINED PERSON,2
132	128		to see and consult the person so imprisoned CONFINED PERSON, alone and3
133	129		in private, at the jail or other place of custody, if such person so4
134	130		imprisoned THE CONFINED PERSON expressly consents to see or to consult5
135	131		with the attorney OR THE ATTORNEY'S AUTHORIZED REPRESENTATIVE .6
136	132		(1.5) IN ADDITION TO IN-PERSON COMMUNICATION, A PEACE7
137	133		OFFICER OR PERSON EMPLOYED AT A PLACE OF CONFINEMENT SHALL8
138	134		PROVIDE AN ATTORNEY-AT-LAW IN THIS STATE OR THE ATTORNEY 'S9
139	135		AUTHORIZED REPRESENTATIVE THE ABILITY TO INITIATE COMMUNICATION10
140	136		WITH THE CONFINED PERSON THROUGH TELEPHONE CALLS , INTERACTIVE11
141	137		AUDIOVISUAL CONFERENCING, OR ANY OTHER REASONABLE METHOD OF12
142	138		ELECTRONIC COMMUNICATION, AS DETERMINED BY THE JAIL OR13
143	139		CORRECTIONAL FACILITY ADMINISTRATION, THAT ALLOWS THE CONFINED14
144	140		PERSON AND THE ATTORNEY OR AUTHORIZED REPRESENTATIVE TO SPEAK15
145	141		TO EACH OTHER. THE COMMUNICATION MUST BE PRIVATE, UNRECORDED,16
146	142		AND WITHOUT COST TO THE CONFINED PERSON AND ATTORNEY OR THE17
147	143		ATTORNEY'S REPRESENTATIVE. PEACE OFFICERS OR PERSONS HAVING18
148	144		CUSTODY OF THE CONFINED PERSON SHALL ALLOW THE COMMUNICATION19
149	145		DESCRIBED IN THIS SECTION ON A FORTHWITH BASIS , SUBJECT TO ALL20
150	146		REASONABLE ADMINISTRATIVE AND OPERATIONAL PROCEDURES AND IN21
151	147		THE MANNER AS DETERMINED BY THE FACILITY ADMINISTRATION .22
152	148		SECTION 5. Act subject to petition - effective date. This act23
153	149		takes effect at 12:01 a.m. on the day following the expiration of the24
154	150		ninety-day period after final adjournment of the general assembly; except25
155	151		that, if a referendum petition is filed pursuant to section 1 (3) of article V26
156	152		of the state constitution against this act or an item, section, or part of this27
157	153		1049
158	154		-5- act within such period, then the act, item, section, or part will not take1
159	155		effect unless approved by the people at the general election to be held in2
160	156		November 2026 and, in such case, will take effect on the date of the3
161	157		official declaration of the vote thereon by the governor.4
162	158		1049
163	159		-6-