Colorado 2025 Regular Session

Colorado House Bill HB1304 Latest Draft

Bill / Engrossed Version Filed 04/17/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0388.03 Owen Hatch x2698
HOUSE BILL 25-1304
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE EXTENSION OF TH E RESTITUTION DEADLINE FOR A101
TRIAL COURT AFTER AN ORDER OF CONVICTION ENTERS IN A102
CRIMINAL CASE.103
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
.)
Currently, the law gives a trial court judge 91 days from the day a
conviction enters in a criminal case to order restitution, which is the
monetary loss a victim suffers due to a defendant's criminal conduct. The
bill extends the amount of time that a trial court judge has to rule on
restitution requests in criminal cases from 91 days total to 91 days after
HOUSE
3rd Reading Unamended
April 17, 2025
HOUSE
Amended 2nd Reading
April 16, 2025
HOUSE SPONSORSHIP
Froelich and Soper, Bacon, Boesenecker, Clifford, Duran, Espenoza, Hamrick, Jackson,
Joseph, Lieder, Lindsay, Mabrey, Rutinel, Rydin, Story, Willford
SENATE SPONSORSHIP
Snyder and Bright,
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. the prosecuting attorney submits restitution material, or 182 days
following the entry of conviction, whichever is earlier.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-1.3-603, amend2
(1) introductory portion, (1)(b), and (2)(a) as follows:3
18-1.3-603.  Assessment of restitution - corrective orders.4
(1)  Every order of conviction of a felony, misdemeanor, petty offense, or5
traffic misdemeanor offense, except any order of conviction for a state6
traffic misdemeanor offense issued by a municipal or county court in7
which the prosecuting attorney is acting as a special deputy district8
attorney pursuant to an agreement with the district attorney's office, shall9
MUST include consideration of restitution. Each such order shall MUST10
include one or more of the following:11
      (b) An order that the defendant is obligated to pay restitution,12
but that the specific amount of restitution shall be IS determined within13
the ninety-one SIXTY-THREE days FOLLOWING THE PROSECUTING14
ATTORNEY'S SUBMISSION OF RESTITUTION INFORMATION PRESENTED TO15
THE COURT AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, OR16
WITHIN THE SIXTY-THREE DAYS immediately following the order of17
conviction, WHICHEVER IS LATER, unless good cause is shown for18
extending the time period by which the restitution amount shall be IS19
determined; 20
(2) (a) The court shall base its order for restitution upon21
information presented to the court by the prosecuting attorney, who shall22
compile such information through victim impact statements or other23
means to determine the amount of restitution and the identities of the24
victims. Further, the prosecuting attorney shall present this information25
1304-2- to the court prior to the order of conviction or within ninety-one1
SIXTY-THREE days, if it is not available prior to the order of conviction.2
The court may extend this date if it finds that there are extenuating3
circumstances affecting the prosecuting attorney's ability to determine4
restitution.5
SECTION 2. Applicability. This act applies to defendants6
sentenced on or after the effective date of this act.7
SECTION 3. Safety clause. The general assembly finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety or for appropriations for10
the support and maintenance of the departments of the state and state11
institutions.12
1304
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