FirstHB1075_H_JUD.001 RegularNOT SessionAMENDED Seventy-firstHOUSE GeneralCOMMITTEE AssemblyOF STATEREFERENCE OFREPORT COLORADO_______________________________ INTRODUCEDFebruary LLS16, NO.2017 Chairman of Committee Date Committee on Judiciary.

17-0383.01After Richardconsideration Sweetmanon x4333the HOUSEmerits, BILLthe 17-1075Committee HOUSErecommends SPONSORSHIPthe Gray,following: SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING THE CONDITIONS UNDER WHICH A PROBATION OFFICER MAY ARREST CERTAIN DEFENDANTS .

BillHB17-1075 Summarybe (Note:postponed indefinitely.

This** summary*** applies** to*** this** bill*HB1075_H_JUD.001* as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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/.) The bill sets forth the conditions under which a probation officer may arrest a defendant who has been granted a deferred judgment and sentence.

The bill also makes corresponding amendments to the conditions under which a probation officer may arrest a probationer.

Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

In Colorado Revised Statutes, 18-1.3-102, amend (4) as follows:

18-1.3-102.

Deferredsentencingofdefendant.(4)(a) Awarrant for the arrest of any defendant for breach of a condition of a deferred sentence maybe issued byanyjudge of a court of record upon the report of a probation officer, or upon the verified complaint of any person, establishingtothesatisfactionofthejudgeprobablecausetobelievethat a condition of the deferred sentence has been violated and that the arrest of the defendant is reasonably necessary.

The warrant may be executed by any probation officer or by a peace officer authorized to execute warrants in the county in which the defendant is found.

(b) A PROBATION OFFICER MAY ARREST A DEFENDANT WHO HAS BEENGRANTEDADEFERREDJUDGMENTANDSENTENCEPURSUANTTOTHIS SECTION WHEN :

(I) TEPROBATIONOFFICERHASAWARRANTCOMMANDINGTHAT THE DEFENDANT BE ARRESTED ;

(II) TE DEFENDANT COMMITSANYOFFENSEUNDERTHE LAWSOF THIS STATE WHILE IN THE PRESENCE OF THE PROBATION OFF;ORR (III) TE PROBATION OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT :

(A) A WARRANT FOR THE DEFENDANT SARRESTHASBEENISSUED IN THIS STATE OR ANOTHER STATE FOR ANY CRIMINAL OFFENSE OR FOR A VIOLATION OF THE CONDITIONS OF THE DEFENDANT S DEFERRED SENTENCE ;

(B) THE DEFENDANT HAS COMMITTED A CRIME;

(C) THE DEFENDANT HAS VIOLATED THE CONDITIONS OF HIS OR -2- HB17-1075 HER DEFERRED SENTENCE AND IS LEAVING OR ABOUT TO LEAVE THE STATE;

(D) THE DEFENDANT HAS VIOLATED THE CONDITIONS OF HIS OR HER DEFERRED SENTENCE AND WILL FAIL OR REFUSE TO APPEAR BEFORE THE COURT TO ANSWER CHARGES OF VIOLATING THE CONDITIONS OF HIS OR HER DEFERRED SENTENCE;OR (E) THE DEFENDANT HAS VIOLATED THE CONDITIONS OF HIS OR HER DEFERRED SENTENCE AND THE ARREST OF THE DEFENDANT IS NECESSARY TO PREVENT PHYSICAL HARM TO THE DEFENDANT OR TO ANOTHER PERSON ,OR TO PREVENT THE COMMISSION OF A CRI.E SECTION 2.

In Colorado Revised Statutes, 16-11-205, amend (1) as follows:

16-11-205.

Arrestofprobationer-revocation.(1) Aprobation officer may arrest any probationer when:

(a) HeT HE PROBATION OFFICERhas a warrant commanding that the probationer be arrested;

or (b) He has probable cause to believe that a warrant for the probationer's arrest has been issued in this state or another state for any criminal offense or for violation of the conditions of prTHEtion PROBATIONER COMMITS ANY OFFENSE UNDER THE LAWS OF THIS STATE WHILE IN THE PRESENCE OF THE PROBATION OFFIC;

or (c) Any offense under the laws of this state has been or is being committedbytheprobationerinhispresence;orHEPROBATIONOFFICER HAS PROBABLE CAUSE TO BELIEVE THA:

(I) AWARRANTFORTHEPROBATIONER SARRESTHASBEENISSUED IN THIS STATE OR ANOTHER STATE FOR ANY CRIMINAL OFFENSE OR FOR A VIOLATION OF THE CONDITIONS OF HIS OR HER PROBAT;ON -3- HB17-1075 (II) HE PROBATIONER HAS COMMITTED A CRIME;

(III) TEPROBATIONERHASVIOLATEDTHECONDITIONSOFHISOR HER PROBATION AND IS LEAVING OR ABOUT TO LEAVE THE STA;E (IV) THEPROBATIONERHASVIOLATEDTHECONDITIONSOFHISOR HERPROBATIONANDWILLFAILORREFUSETOAPPEARBEFORETHECOURT TO ANSWER CHARGES OF VIOLATING THE CONDITIONS OF HIS OR HER PROBATION ;OR (V) THE PROBATIONER HAS VIOLATED THE CONDITIONS OFHIS OR HERPROBATIONANDTHE ARREST OFTHE PROBATIONERISNECESSARYTO PREVENTPHYSICALHARMTOTHEPROBATIONERORTOANOTHERPERSON , OR TO PREVENT THE COMMISSION OF A CRIM.

(d) He has probable cause to believe that a crime has been committed and the probationer has committed such crime;

or (e) He has probable cause to believe that the conditions of probation have been violated and probable cause to believe that the probationer is leaving or about to leave the state, or that the probationer will fail or refuse to appear before the court to answer charges of violation of the conditions of probation, or that the arrest of the probationer is necessary to prevent physical harm to the probationer or another person or the commission of a crime;

or (f) Theprobationer,whoisonprobationasaresultofaconviction of any felony except a class 1 felony, has been tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive.

SECTION 3.

Act subject to petition - effective date.

This act takes effect at 12:01 a.m.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August -4- HB17-1075 9, 2017, if adjournment sine die is on May 10, 2017);

except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

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