reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206) › Section 16-4-204 - Appellate review of terms and conditions of bail or appeal bond

(1)
After entry of an order pursuant to section
16-4-109
or
16-4-201
, the defendant or the state may seek review of said order by filing a petition for review in the appellate court. If an order has been entered pursuant to section
16-4-104
,
16-4-109
, or
16-4-201
, the petition shall be the exclusive method of appellate review.
(2)
The petition shall be in writing, shall be served as provided by court rule for service of motions, and shall have appended thereto a transcript of the hearing held pursuant to section
16-4-109
or
16-4-203
. The opposing party may file a response thereto within seven days or as provided by court rule.
(3)
After review, the appellate court may:
(a)
Remand the petition for further hearing if it determines that the record does not disclose the findings upon which the court entered the order; or
(b)
Order the trial court to modify the terms and conditions of bail or appeal bond; or
(c)
Order the trial court to modify the terms and conditions of bail or appeal bond and remand for further hearing on additional conditions of bail or appeal bond; or
(d)
Dismiss the petition.
(4)
Nothing contained in this section shall be construed to deny any party the rights secured by section 21 of article II of the Colorado constitution.
Amended by 2016 Ch. 210,§ 26, eff. 6/6/2016.
L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-204. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 848, § 69, effective July 1. L. 2016: (1) and (2) amended, (SB 16-189), ch. 210, p. 759, § 26, effective June 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206) › Section 16-4-205 - When appellate court may fix appeal bond

If a trial court fails or refuses to grant or deny an appeal bond within forty-eight hours following application for such bond, the defendant may move the appellate court for such an order, and that court shall promptly hear and rule upon the motion.
L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-205.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206) › Section 16-4-206 - [Repealed]

Repealed by 2022 Ch. 191, § 4, eff. 7/15/2022.
Added by 2019 Ch. 293, § 4, eff. 8/2/2019.
L. 2019: Entire section added, (SB 19-036), ch. 2687, p. 2687, § 4, effective August 2.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 3 - UNIFORM RENDITION OF ACCUSED PERSONS ACT (§§ 16-4-301 — 16-4-304) › Section 16-4-301 - Short title

This part 3 shall be known and may be cited as the "Uniform Rendition of Accused Persons Act", and shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-4-304.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 3 - UNIFORM RENDITION OF ACCUSED PERSONS ACT (§§ 16-4-301 — 16-4-304) › Section 16-4-302 - Arrest of person illegally in state

(1)
If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate who authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent shall file with the judge of a court of record of this state the following documents:
(a)
An affidavit stating the name and whereabouts of the person whose return is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him; and
(b)
A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
(c)
A certified copy of an order of the demanding judge, court, or magistrate stating the manner in which the terms and conditions of the release have been violated and designating the affiant its agent for seeking the return of the person.
(2)
Upon initially determining that the affiant is a designated agent of the demanding judge, court, or magistrate, and that there is probable cause for believing that the person whose return is sought has violated the terms and conditions of his release, the judge of this state shall issue a warrant to a peace officer of this state for the person's arrest.
(3)
The judge of this state shall notify the district attorney of his action and shall direct him to investigate the case and to ascertain the validity of the affidavits and documents required by subsection (1) of this section and the identity and authority of the affiant.
L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-301.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 3 - UNIFORM RENDITION OF ACCUSED PERSONS ACT (§§ 16-4-301 — 16-4-304) › Section 16-4-303 - Hearing and right to counsel

(1)
The person whose return is sought shall be brought before the judge of this state immediately upon arrest pursuant to the warrant; whereupon the judge shall set a time and place for hearing and shall advise the person of his right to have the assistance of counsel, to confront the witnesses against him, and to produce evidence in his own behalf at the hearing.
(2)
The person whose return is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the judge shall issue an order pursuant to section
16-4-304
.
(3)
The judge may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose return is sought.
L. 72: R&RE, p. 212, § 1. C.R.S. 1963: § 39-4-302.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 3 - UNIFORM RENDITION OF ACCUSED PERSONS ACT (§§ 16-4-301 — 16-4-304) › Section 16-4-304 - Order of return to demanding court

The district attorney shall appear at the hearing and report to the judge the results of his investigation. If the judge finds that the affiant is a designated agent of the demanding court, judge, or magistrate, and that the person whose return is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his release, the judge shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.
L. 72: R&RE, p. 212, § 1. C.R.S. 1963: § 39-4-303.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 1 - GENERAL PROVISIONS (§§ 16-5-101 — 16-5-104) › Section 16-5-101 - Commencement of prosecution

(1)
Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways:
(a)
By the return of an indictment by a grand jury;
(b)
By the filing of an information in the district court;
(c)
By the filing of a felony complaint in the county court;
(d)
Prosecution of a misdemeanor, petty offense, or civil infraction may be commenced in the county court by:
(I)
The issuance of a summons and complaint;
(II)
The issuance of a summons following the filing of a complaint;
(III)
The filing of a complaint following an arrest; or
(IV)
The filing of a summons and complaint following arrest, or, in the event that the offense is a civil infraction, by the issuance of a notice of penalty assessment pursuant to section
16-2-201
.
(2)
The procedures governing felony complaints filed in the county court and warrants or summonses issued in connection therewith shall be in accordance with and as required by the applicable provisions of the rules of criminal procedure promulgated by the supreme court of Colorado.
(3)
Where the offense charged is a misdemeanor or petty offense, the action may be commenced in the county court as provided in subsection (1)(d) of this section, and the issues shall then be tried in the county court. As to misdemeanors or petty offenses thus filed and tried in the county court, the simplified procedures enumerated in part 1 of article
2
of this title shall be applicable.
Amended by 2021 Ch. 462, § 170, eff. 3/1/2022.
L. 72: R&RE, p. 213, § 1. C.R.S. 1963: §
39-5-101
. L. 2021: IP(1)(d) and (1)(d)(IV) amended, (SB 21-271), ch. 3162, p. 3162, § 170, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 1 - GENERAL PROVISIONS (§§ 16-5-101 — 16-5-104) › Section 16-5-102 - Summons to corporate defendant

(1)
When a corporation is charged with the commission of an offense, the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before the court at a certain time and place.
(2)
The summons for the appearance of a corporation may be served by a peace officer in the manner provided for service of summons upon a corporation in a civil action.
L. 72: R&RE, p. 213, § 1. C.R.S. 1963: §
39-5-102
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 1 - GENERAL PROVISIONS (§§ 16-5-101 — 16-5-104) › Section 16-5-104 - Prohibition on issuing summons - reproductive health care

A judge shall not issue a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of law of another state involving a legally protected health-care activity, as defined in section
12-30-121 (1)(d)
, or involving an entity that provides insurance coverage for gender-affirming health-care services, as defined in section
12-30-121 (1)(c)
, or reproductive health care, as defined in section
25-6-402 (4)
, that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado.
Added by 2023 Ch. 68,§ 11, eff. 4/14/2023.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-201 - Indictments - allegations - form

Every indictment or accusation of the grand jury shall be deemed sufficient technically and correct which states the offense in the terms and language of the statute defining it, including either conjunctive or disjunctive clauses, or so plainly that the nature of the offense may be easily understood by the jury. Pleading in either the conjunctive or the disjunctive shall place a defendant on notice that the prosecution may rely on any or all of the alternatives alleged. The commencement of the indictment shall be in substance as follows:
STATE OF COLORADO
)
)
ss.
COUNTY OF .................................................
)
Of the ........ term of the ........ court, in the year ........ . The grand jurors chosen, selected, and sworn, in and for the county of .........., in the name and by the authority of the people of the state of Colorado, upon their oaths, present. (Here insert the offense, the name of the person charged, and the time and place of committing the same, with reasonable certainty.) Every indictment shall be signed by the foreman of the grand jury returning it and by the prosecuting attorney, his or her assistant, or his or her deputy.
L. 72: R&RE, p. 214, § 1. C.R.S. 1963: §
39-5-201
. L. 2003: Entire section amended, p. 972, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-202 - Requisites of information - form

(1)
The information is sufficient if it can be understood therefrom:
(a)
That it is presented by the person authorized by law to prosecute the offense;
(b)
That the defendant is identified therein, either by name or by the defendant's patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant;
(c)
That the offense was committed within the jurisdiction of the court or is triable therein;
(d)
That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction.
(2)
The information may be in the following form:
STATE OF COLORADO
)
)
ss.
County of.................................................
)
In the ........ Court ........ The People of the State of Colorado, against ........ A ........ B ........ C ........ D ........, district attorney within and for the .......... judicial district of the state of Colorado, in the county of .......... in the state aforesaid, in the name and by the authority of the people of the state of Colorado, informs the court that A ........ B ........ on the ........ day of ......... A.D. 20 ...., at the said county of .........., did (here state the offense) against the peace and dignity of the people of the state of Colorado.
C . ............................................
D ............................................
District Attorney.
or C ....................... D ......................, District Attorney,
by H ...................... M ......................, Deputy.
(3)
An information may be filed using the language of the statute defining the offense, including either conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive shall place a defendant on notice that the prosecution may rely on any or all of the alternatives alleged.
(4)
A court shall not refuse to accept a complaint or information that contains the requirements of this section.
L. 72: R&RE, p. 214, § 1. C.R.S. 1963: §
39-5-202
. L. 2000: (1) amended, p. 454, § 13, effective April 24. L. 2003: (3) and (4) added, p. 972, § 2, effective April 17.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-203 - Furnishing witnesses' names

Whether a prosecution is commenced by indictment, information, or felony complaint, the district attorney shall make available to the defendant not later than twenty-one days after the defendant's first appearance at the time of or following the filing of charges a written list of the names and addresses of the witnesses then known to the district attorney whom he or she intends to call upon at trial. The district attorney shall also furnish the defendant in writing prior to trial the names and addresses of any additional witnesses who have become known to him or her prior to trial and whom he or she intends to call upon at trial, but this shall not preclude the calling of witnesses whose names or the materiality of whose testimony are first learned by the district attorney upon the trial. However, the court may, in its discretion, enter an order that denies the disclosure to the defendant of the names and addresses of witnesses, or that requires the defense counsel not to disclose such information to the defendant, subject to rule 16 part I (d)(2) and part III (d) of the Colorado rules of criminal procedure. The names and addresses of witnesses who are the subject of the order may be withheld pending a ruling of the court, but the prosecution shall notify the defense counsel in writing that a motion to withhold witness information has been filed and that such information will be withheld pending the court's order. Where the defendant has not had or waived a preliminary hearing, there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of the affiant that the offense was committed.
L. 72: R&RE, p. 215, § 1. C.R.S. 1963: §
39-5-203
. L. 90: Entire section amended, p. 985, § 5, effective April 24. L. 95: Entire section amended, p. 464, § 8, effective July 1. L. 96: Entire section amended, p. 737, § 10, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 848, § 70, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-205 - Informations - authority to file - indictments - warrants and summons

(1)
The prosecuting attorney may file an information in the court having jurisdiction over the offense charged, alleging that a person committed the criminal offense described therein. The court shall enter an order fixing the amount of bail, if the offense is bailable, and the amount of bail shall be endorsed upon any warrant issued for the arrest of the alleged offender. When a summons is issued instead of a warrant, no bail shall be fixed; except that, when a person is charged with an offense pursuant to section
42-2-138(1)(d)
or
42-4-1301(1) or (2)(a)
, C.R.S., the court may enter an order fixing the amount of bail even if a summons is issued.
(2)
Upon the return of an indictment by a grand jury, or the filing of an information, or the filing of a felony complaint in the county court, the prosecuting attorney shall request the court to order that a warrant shall issue for the arrest of the defendant, or that a summons shall issue and be served upon the defendant. If a warrant is requested upon an information or a felony complaint, the information or felony complaint must contain, or be accompanied by, a sworn written statement of facts establishing probable cause to believe that the criminal offense was committed as alleged by the person for whom the warrant is sought. In lieu of such sworn statement, the information or felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by the witness giving the testimony.
(3)
Except as otherwise provided in this article, any information, indictment, felony complaint, warrant, or summons shall comply with the requirements of applicable rules of criminal procedure adopted by the supreme court of Colorado. Any procedures connected with service of summons, the arrest and detention of an alleged offender upon a warrant, and the duties of the arresting officer relating to the summons or arrest, not specifically set forth in this code, shall be as provided by the applicable rules of criminal procedure adopted by the supreme court of Colorado.
(4)
Repealed.
L. 72: R&RE, p. 215, § 1. C.R.S. 1963: §
39-5-205
. L. 77: (4) added, p. 856, § 2, effective June 21. L. 89: (4) amended, p. 779, § 7, effective July 1. L. 91: (4) amended, p. 402, § 2, effective June 6. L. 97: (4) repealed, p. 315, § 2, effective October 1. L. 2008: (1) amended, p. 785, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-207 - Standards and criteria relating to issuance of summons in lieu of warrant

(1)
A summons shall be issued instead of a warrant in all petty offenses and all unclassified offenses which are punishable by a maximum penalty of six months' imprisonment or less, except in those cases where the court finds that:
(a)
The defendant has previously failed to respond to a summons for an offense; or
(b)
There is a substantial likelihood that the defendant will not respond to a summons; or
(c)
The whereabouts of the defendant is unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court.
(2)
Except in class 1, class 2, and class 3 felonies or level 1 or level 2 drug felonies, the general policy shall favor issuance of a summons instead of a warrant for the arrest of the defendant except where there is reasonable ground to believe that, unless taken into custody, the defendant will flee to avoid prosecution or will fail to respond to a summons. The court shall issue a summons instead of an arrest warrant when the prosecuting attorney so requests. When an application is made to a court for issuance of an arrest warrant or summons, the court may require the applicant to provide such information as reasonably is available concerning the following:
(a)
The defendant's residence;
(b)
The defendant's employment;
(c)
The defendant's family relationships;
(d)
The defendant's past history of response to legal process; and
(e)
The defendant's past criminal record.
Amended by 2021 Ch. 462, § 171, eff. 3/1/2022.
Amended by 2013 Ch. 333, § 39, eff. 10/1/2013.
L. 72: R&RE, p. 216, § 1. C.R.S. 1963: § 39-5-207. L. 2013: IP(2) amended, (SB 13-250), ch. 1928, p. 1928, § 39, effective October 1. L. 2021: IP(1) amended, (SB 21-271), ch. 3163, p. 3163, § 171, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-208 - Information not filed - reasons

In all cases where on preliminary hearing in the county court concerning the commission of a felony the accused is bound over and is committed to jail, or recognized and held to bail, it is the duty of the district attorney to file an information in the district court. If the district attorney determines in any such case that an information ought not to be filed, he or she shall file with the clerk of the district court having jurisdiction of the supposed offense a written statement containing his or her reasons, in fact and in law, for not filing an information in the case, and such statement shall be filed within sixty-three days following the date upon which the offender was held for appearance.
L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-208. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 849, § 74, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 2 - INDICTMENTS AND INFORMATIONS (§§ 16-5-201 — 16-5-209) › Section 16-5-209 - Judge may require prosecution

The judge of a court having jurisdiction of the alleged offense, upon affidavit filed with the judge alleging the commission of a crime and the unjustified refusal of the prosecuting attorney to prosecute any person for the crime, may require the prosecuting attorney to appear before the judge and explain the refusal. If after that proceeding, based on the competent evidence in the affidavit, the explanation of the prosecuting attorney, and any argument of the parties, the judge finds that the refusal of the prosecuting attorney to prosecute was arbitrary or capricious and without reasonable excuse, the judge may order the prosecuting attorney to file an information and prosecute the case or may appoint a special prosecutor to do so. The judge shall appoint the special prosecutor from among the full-time district attorneys, assistant district attorneys, or deputy district attorneys who serve in judicial districts other than where the appointment is made; except that, upon the written approval of the chief justice of the supreme court, the judge may appoint any disinterested private attorney who is licensed to practice law in the state of Colorado to serve as the special prosecutor. Any special prosecutor appointed pursuant to this section shall be compensated as provided in section
20-1-308
, C.R.S.
L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-209. L. 77: Entire section amended, p. 858, § 1, effective May 24. L. 2000: Entire section amended, p. 454, § 12, effective April 24.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 4 - STATUTE OF LIMITATIONS (§§ 16-5-401 — 16-5-402) › Section 16-5-401.1 - Legislative intent in enacting section 16-5-401 (6)

(1)
The intent of the general assembly in enacting section
16-5-401 (6) and (7)
in 1982 was to create a ten-year statute of limitations as to offenses and delinquent acts specified in said subsections committed on or after July 1, 1979.
(2)
(Deleted by amendment, L. 94, p. 1050, § 4, effective July 1, 1994.)
L. 85: Entire section added, p. 616, § 6, effective June 2. L. 87: Entire section amended, p. 619, § 2, effective July 1. L. 94: Entire section amended, p. 1050, § 4, effective July 1. L. 2001: (1) amended, p. 734, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 5 - INCARCERATION (§ 16-5-501) › Section 16-5-501 - [Repealed]

Repealed by 2013 Ch. 306, § 3, eff. 1/1/2014.
Amended by 2013 Ch. 333, § 41, eff. 10/1/2013.
L. 81: Entire part added, p. 928, § 1, September 1. L. 86: Entire section amended, p. 732, § 1, effective July 1. L. 87: Entire section amended, p. 1496, § 5, effective July 1. L. 2002: Entire section amended, p. 1491, § 134, effective October 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1929, § 41, effective October 1; entire section repealed, (HB 13-1210), ch. 306, p. 1624, § 3, effective 1/1/2014.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 6 - CHANGE OF VENUE AND DISQUALIFICATION OF JUDGE (§§ 16-6-101 — 16-6-201) › Part 1 - CHANGE OF VENUE (§§ 16-6-101 — 16-6-104) › Section 16-6-101 - Grounds for change of venue

(1)
The place of trial may be changed:
(a)
When a fair trial cannot take place in the county or district in which the trial is pending; or
(b)
When a more expeditious trial may be had by a change in the place of trial from one county to another; or
(c)
When the parties stipulate to a change in the place of trial to another county in the same judicial district or to a county in an adjoining judicial district.
L. 72: R&RE, p. 218, § 1. C.R.S. 1963: §
39-6-101
.
For the place of trials, see § 18-1-202 and Crim. P. 18.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 6 - CHANGE OF VENUE AND DISQUALIFICATION OF JUDGE (§§ 16-6-101 — 16-6-201) › Part 1 - CHANGE OF VENUE (§§ 16-6-101 — 16-6-104) › Section 16-6-102 - Motion for change of venue

(1)
A motion for change of venue must be accompanied by one or more affidavits setting forth the facts upon which the defendant relies or by a stipulation of the parties.
(2)
Whether circumstances exist requiring, in the interest of justice, a change in the place of trial is a question to be determined by the court in its sound discretion.
L. 72: R&RE, p. 219, § 1. C.R.S. 1963: §
39-6-102
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 6 - CHANGE OF VENUE AND DISQUALIFICATION OF JUDGE (§§ 16-6-101 — 16-6-201) › Part 1 - CHANGE OF VENUE (§§ 16-6-101 — 16-6-104) › Section 16-6-103 - Change of venue where offense committed in two or more counties

Where a prosecution has been commenced in one county, the court, for good cause shown, may transfer the proceeding to another county within the same judicial district if it is shown that the offense was committed in more than one county within the same judicial district and if the court is satisfied that the interests of justice would be served by transferring the action to the other county.
L. 72: R&RE, p. 219, § 1. C.R.S. 1963: §
39-6-103
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 6 - CHANGE OF VENUE AND DISQUALIFICATION OF JUDGE (§§ 16-6-101 — 16-6-201) › Part 1 - CHANGE OF VENUE (§§ 16-6-101 — 16-6-104) › Section 16-6-104 - Application of rules of criminal procedure

Except as otherwise provided by sections
16-6-101
to
16-6-103
, the filing of an application for change of venue and all proceedings relating thereto are governed by the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.
L. 72: R&RE, p. 219, § 1. C.R.S. 1963: §
39-6-104
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 6 - CHANGE OF VENUE AND DISQUALIFICATION OF JUDGE (§§ 16-6-101 — 16-6-201) › Part 2 - DISQUALIFICATION OF JUDGE (§ 16-6-201) › Section 16-6-201 - Disqualification of judge

(1)
A judge of a court of record shall be disqualified to hear or try a case if:
(a)
He is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or
(b)
The offense charged is alleged to have been committed against the person or property of the judge or of some person related to him; or
(c)
He has been of counsel in the case; or
(d)
He is in any way interested or prejudiced with respect to the case, the parties, or counsel.
(2)
Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself.
(3)
A motion for change of judge on any ground must be verified and supported by the affidavits of at least two credible persons not related to the defendant, stating facts showing the existence of grounds for disqualification. If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself. After disqualifying himself, the judge may require a full hearing upon the issues raised by the affidavits and shall request that another judge conduct the hearing. The other judge shall make findings of fact with regard thereto, and such findings shall be included as a part of the trial court record.
(4)
The disqualified judge shall certify the need for a judge to the chief justice of the Colorado supreme court, who shall assign a judge to the case.
(5)
The term "related", when used in this section, means related within the third degree by blood, adoption, or marriage.
L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-201.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 1 - SEPARATE TRIAL - ALIBI NOTICE (§§ 16-7-101 — 16-7-102) › Section 16-7-101 - Separate trial of joint defendants

When two or more defendants are jointly indicted or informed against for any offense and there is material evidence, not relating to reputation, which is admissible against one or some of them but which is not admissible against all of them if they are tried separately and which is prejudicial to those against whom it is not admissible, those against whom such evidence is admissible shall be tried separately upon motion of any of those against whom the evidence is not admissible. In all other cases, defendants jointly prosecuted shall be tried separately or jointly in the discretion of the court.
L. 72: R&RE, p. 220, § 1. C.R.S. 1963: §
39-7-101
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 1 - SEPARATE TRIAL - ALIBI NOTICE (§§ 16-7-101 — 16-7-102) › Section 16-7-102 - Required notice of defense of alibi

If the defendant intends to introduce evidence that the defendant was at a place other than the location of the offense, the defendant shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five days before trial, a statement in writing specifying the place where the defendant claims to have been and the names and addresses of the witnesses the defendant will call to support the defense of alibi. Upon receiving the defendant's statement, the prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such alibi as soon as practicable after the names of such witnesses become known. Neither the prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence inconsistent with the specification statement unless the court for good cause and upon just terms permits the specification statement to be amended. If the defendant fails to make the specification required by this section, the court shall exclude evidence offered in support of the defense of alibi unless the court finds upon good cause shown that such evidence should be admitted in the interest of justice.
L. 72: R&RE, p. 220, § 1. C.R.S. 1963: §
39-7-102
. L. 74: Entire section amended, p. 238, § 1, effective March 19. L. 93: Entire section amended, p. 517, § 7, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 850, § 75, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-201 - Place of arraignment

The defendant shall be arraigned in the court having trial jurisdiction in which the indictment, information, or complaint is filed, unless before arraignment the cause has been removed to another court, in which case he shall be arraigned in that court.
L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-201.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-202 - Presence of defendant

(1)
If the offense charged is a felony, a level 1 drug misdemeanor, or a class 1 misdemeanor or if the maximum penalty for the offense charged is more than one year's imprisonment, the defendant must be personally present for arraignment; except that the court, for good cause shown, may accept a plea of not guilty made by an attorney representing the defendant without requiring the defendant to be personally present. In all prosecutions for lesser offenses, the defendant may appear by his or her attorney who may enter a plea on his or her behalf. If the defendant appears personally for a charge that is not in title 42, the court may advise the defendant of the possibility that restorative justice practices may be part of a sentence, if available in the jurisdiction.
(2)
If a plea of guilty or nolo contendere (no contest) is entered by counsel in the absence of the defendant, the court may command the appearance of the defendant in person for the imposition of sentence.
Amended by 2017 Ch. 58,§ 1, eff. 8/9/2017.
Amended by 2013 Ch. 333,§ 42, eff. 10/1/2013.
L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-202. L. 2011: (1) amended, (HB 11-1032), ch. 296, p. 1400, §1, effective August 10. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1930, § 42, effective October 1. L. 2017: (1) amended, (HB 17-1039), ch. 58, p. 182, § 1, effective August 9.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-203 - Irregularity of arraignment

No irregularity in the arraignment which does not affect the substantial rights of the defendant shall affect the validity of any proceeding in the cause if the defendant pleads to the charge or proceeds to trial without objecting to the irregularity.
L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-203.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-204 - Procedures on arraignment

The procedure to be followed upon arraignment shall be in compliance with the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.
L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-204.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-205 - Pleas authorized on arraignment

(1)
A defendant personally, or, where permissible, by counsel may orally enter:
(a)
A plea of guilty; or
(b)
A plea of not guilty; or
(c)
A plea of nolo contendere (no contest) with the consent of the court; or
(d)
A plea of not guilty by reason of insanity, in which event a not guilty plea may also be entered.
L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-205.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-206 - Guilty pleas - procedure and effect

(1)
Every person charged with an offense shall be permitted to tender a plea of guilty to that offense if the following conditions have been satisfied:
(a)
The court shall have advised the defendant that if the plea is accepted the defendant shall be determined to have waived his right to trial by jury on all issues including the determination of the penalty to be assessed, and the court shall also have advised the defendant as to the maximum and minimum penalties that the court may impose.
(b)
In class 1 felonies or where the plea of guilty is to a lesser included offense, a written consent has been filed with the court by the district attorney.
(c)
In all felony, level 1 drug misdemeanor, and class 1 misdemeanor cases, the defendant shall be represented by counsel or waive his right thereto in open court, and the guilty plea shall be tendered in open court by the defendant in the presence of counsel, if any.
(2)
The refusal or consent of the district attorney or the court to accept a plea of guilty to the charge shall not be a basis for assignment of error, and such refusal or acceptance by the district attorney or court is final.
(3)
The acceptance by the court of a plea of guilty acts as a waiver by the defendant of the right to trial by jury on all issues including the determination of the penalty to be assessed, and the acceptance of such plea also acts as a conviction for the offense.
Amended by 2013 Ch. 333,§ 43, eff. 10/1/2013.
L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-206. L. 2013: (1)(c) amended, (SB 13-250), ch. 333, p. 1930, § 43, effective October 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-207.5 - Court's duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty

(1)
At the first appearance of a defendant in court or upon arraignment, whichever is first in time, the court shall ascertain whether the defendant is serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that the defendant may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. If the jurisdiction does not have a veterans treatment court, the court shall inform the defendant of the possibility of petitioning to transfer probation supervision after a plea or sentence in a case to a jurisdiction with a veterans treatment court pursuant to section
18-1.3-202.5
.
(2)
The court shall not accept a plea of guilty or nolo contendere without first determining whether the defendant is serving in the United States armed forces or is a veteran of such forces and, if so, informing the defendant as described in subsection (1) of this section.
(3)
This section applies to, but is not limited to, prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited.
Amended by 2021 Ch. 214, § 1, eff. 9/7/2021.
Added by 2018 Ch. 135, § 1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1078), ch. 889, p. 889, § 1, effective August 8. L. 2021: (1) amended, (HB 21-1016), ch. 1135, p. 1135, § 1, effective September 7.
2021 Ch. 214, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 2 - ARRAIGNMENT (§§ 16-7-201 — 16-7-208) › Section 16-7-208 - Failure or refusal to plead

If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or a plea of nolo contendere (no contest), or if a corporation fails to appear, the court shall enter a plea of not guilty. If for any reason a plea has not been entered, the case shall for all purposes be considered as one in which a plea of not guilty has been entered.
L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-208.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 3 - PLEA DISCUSSIONS AND PLEA AGREEMENTS (§§ 16-7-301 — 16-7-304) › Section 16-7-302 - Responsibilities of the trial judge with respect to plea discussions and agreements

(1)
The trial judge shall not participate in plea discussions.
(2)
If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or nolo contendere (no contest) in the expectation that other charges before that court will be dismissed or that sentence concessions will be granted, the trial judge may, upon request of the parties, permit the disclosure to him of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. He may then indicate to the district attorney and defense counsel or defendant whether he will concur in the proposed disposition if the information in the presentence report is consistent with the representations made to him. If the trial judge concurs but later decides that the final disposition should not include the charge or sentence concessions contemplated by the plea agreement, he shall so advise the defendant and then call upon the defendant to either affirm or withdraw his plea of guilty or nolo contendere (no contest).
(3)
Notwithstanding the reaching of a plea agreement between the district attorney and defense counsel or defendant, the judge in every case should exercise an independent judgment in deciding whether to grant charge and sentence concessions.
L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-302.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 3 - PLEA DISCUSSIONS AND PLEA AGREEMENTS (§§ 16-7-301 — 16-7-304) › Section 16-7-303 - Fact of discussion and agreement not admissible

Except as to proceedings resulting from a plea of guilty or nolo contendere (no contest) which is not withdrawn, the fact that the defendant or his defense counsel and the district attorney engaged in plea discussions or made a plea agreement shall not be received in evidence against or in favor of the defendant in any criminal or civil action or administrative proceeding.
L. 72: R&RE, p. 224, § 1. C.R.S. 1963: § 39-7-303.