Colorado 2025 Regular Session

Colorado House Bill HB1304 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. 25-0388.03 Owen Hatch x2698
8	8		HOUSE BILL 25-1304
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING THE EXTENSION OF TH E RESTITUTION DEADLINE FOR A101
14	14		TRIAL COURT AFTER AN ORDER OF CONVICTION ENTERS IN A102
15	15		CRIMINAL CASE.103
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		Currently, the law gives a trial court judge 91 days from the day a
24	24		conviction enters in a criminal case to order restitution, which is the
25	25		monetary loss a victim suffers due to a defendant's criminal conduct. The
26	26		bill extends the amount of time that a trial court judge has to rule on
27	27		restitution requests in criminal cases from 91 days total to 91 days after
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 17, 2025
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		April 16, 2025
34	31		HOUSE SPONSORSHIP
35		-	Froelich and Soper, Bacon, Boesenecker, Clifford, Duran, Espenoza, Hamrick, Jackson,
36		-	Joseph, Lieder, Lindsay, Mabrey, Rutinel, Rydin, Story, Willford
	32	+	Froelich and Soper,
37	33		SENATE SPONSORSHIP
38	34		Snyder and Bright,
39	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	37		Dashes through the words or numbers indicate deletions from existing law. the prosecuting attorney submits restitution material, or 182 days
42	38		following the entry of conviction, whichever is earlier.
43	39		Be it enacted by the General Assembly of the State of Colorado:1
44	40		SECTION 1. In Colorado Revised Statutes, 18-1.3-603, amend2
45	41		(1) introductory portion, (1)(b), and (2)(a) as follows:3
46	42		18-1.3-603. Assessment of restitution - corrective orders.4
47	43		(1) Every order of conviction of a felony, misdemeanor, petty offense, or5
48	44		traffic misdemeanor offense, except any order of conviction for a state6
49	45		traffic misdemeanor offense issued by a municipal or county court in7
50	46		which the prosecuting attorney is acting as a special deputy district8
51	47		attorney pursuant to an agreement with the district attorney's office, shall9
52	48		MUST include consideration of restitution. Each such order shall MUST10
53	49		include one or more of the following:11
54	50		(b) An order that the defendant is obligated to pay restitution,12
55	51		but that the specific amount of restitution shall be IS determined within13
56	52		the ninety-one SIXTY-THREE days FOLLOWING THE PROSECUTING14
57	53		ATTORNEY'S SUBMISSION OF RESTITUTION INFORMATION PRESENTED TO15
58	54		THE COURT AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, OR16
59	55		WITHIN THE SIXTY-THREE DAYS immediately following the order of17
60	56		conviction, WHICHEVER IS LATER, unless good cause is shown for18
61	57		extending the time period by which the restitution amount shall be IS19
62	58		determined; 20
63	59		(2) (a) The court shall base its order for restitution upon21
64	60		information presented to the court by the prosecuting attorney, who shall22
65	61		compile such information through victim impact statements or other23
66	62		means to determine the amount of restitution and the identities of the24
67	63		victims. Further, the prosecuting attorney shall present this information25
68	64		1304-2- to the court prior to the order of conviction or within ninety-one1
69	65		SIXTY-THREE days, if it is not available prior to the order of conviction.2
70	66		The court may extend this date if it finds that there are extenuating3
71	67		circumstances affecting the prosecuting attorney's ability to determine4
72	68		restitution.5
73	69		SECTION 2. Applicability. This act applies to defendants6
74	70		sentenced on or after the effective date of this act.7
75	71		SECTION 3. Safety clause. The general assembly finds,8
76	72		determines, and declares that this act is necessary for the immediate9
77	73		preservation of the public peace, health, or safety or for appropriations for10
78	74		the support and maintenance of the departments of the state and state11
79	75		institutions.12
80	76		1304
81	77		-3-