Colorado 2023 Regular Session Status: Enacted 3 D cosponsors

HB 23-1186 — Remote Participation In Residential Evictions

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2023. Enacted.

Signed by Governor Jared Polis (Democratic) on June 07, 2023.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

For a residential eviction action filed in county court, the act: Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, conference, hearing, trial, or other court proceeding and to allow either party to change their designation until up to 48 hours before the proceeding; Authorizes a pro se defendant to file an answer to a summons electronically through an e-filing system; and authorizes either party, if the party is pro se, to file a motion or other documents electronically through an e-filing system; Prohibits the court from assessing an e-filing fee or service fee on a motion to waive filing fees, or from assessing an e-filing fee, service fee, or any other fee associated with the electronic filing or e-mailing of motions, answers, or documents for an indigent party; and Requires the court to comply with federal and state law or regulations, including state supreme court directive or policy, regarding accommodations for people with a disability or for people with limited English proficiency. If a party is appearing remotely and is disconnected, the act requires the court to make all reasonable efforts to contact the party and allow reasonable time for the party to reestablish connection. If the party is unable to reestablish connection, the act requires the court to reschedule the hearing for the first available in-person date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable. The act prohibits the court from entering a default judgment if a party is unable to participate remotely due to a technological disconnection or failure. The act requires the complaint to include a designation of whether the plaintiff elects to participate in any hearing in person or remotely and a box indicating if the eviction is for a residential or commercial tenancy. The act requires the summons to include a statement in bold-faced type notifying the defendant that either party has a right to appear in person or remotely, include a place for the defendant to indicate whether the defendant will appear in person or remotely, and provide information for how a pro se party can file documents related to the case. The act appropriates $418,118 from the general fund and the judicial department information technology cash fund to the judicial department for trial court programs, capital outlay, and information technology infrastructure. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

24 added · 16 removed

Plain-language change summary

The bill's wording was updated to clarify the legislative process it has undergone. It now specifies that all amendments were adopted in the House of Introduction rather than just on second reading. This change emphasizes the current status of the bill and its amendments.

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Latest
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
23-0223.01 Shelby Ross x4510 HOUSE BILL 23-1186 HOUSE SPONSORSHIP Lindsay and Jodeh, SENATE SPONSORSHIP Exum and Jaquez Lewis, House Committees Senate Committees Judiciary Finance Appropriations A BILL FOR AN ACT C ONCERNING REMOTE PARTICIPATION IN A RESIDENTIAL EVICTION FILED IN COUNTY COURT , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
23-0223.01 Shelby Ross x4510 HOUSE BILL 23-1186 HOUSE SPONSORSHIP Lindsay and Jodeh, Amabile, Bacon, Boesenecker, Brown, Dickson, Duran, Epps, Froelich, Garcia, Gonzales-Gutierrez, Herod, Joseph, Kipp, Mabrey, Marshall, McCluskie, Snyder, Story, Titone, Valdez, Vigil, Weissman, Willford, Woodrow SENATE SPONSORSHIP Exum and Jaquez Lewis, House Committees Senate Committees Judiciary Finance Appropriations A BILL FOR AN ACT C ONCERNING REMOTE PARTICIPATION IN A RESIDENTIAL EVICTION FILED IN COUNTY COURT ,AND ,IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
Bill Summary (Note:
Bill Summary d (Note:
This summary applies to this bill 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.) For a residential eviction action filed in county court, the bill:
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 2 E a 2 passes third reading in the house of introduction, a bill summary that S U 0 applies to the reengrossed version of this bill will be available at O i h H a r http://leg.colorado.gov.) R M r For a residential eviction action filed in county court, the bill:
! Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, conference, hearing, trial, or other court proceeding;
! Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, n 3 conference, hearing, trial, or other court proceeding;
i 3 a 2 ! Authorizes a pro se defendant to file an answer S R 7 O n 1 Shading denotes HOUSE amendment.
d 0 ! Authorizes a pro se defendant to file an answer E e , U d 1 O 2 h Shading denotes HOUSE amendment.
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existingdlaw.
H d a Capital letters or bold & italic numbers indicate new material to be added to existing law.d M Dashes through the words or numbers indicate deletions from existing law.
Dashes through the words or numbers indicate deletions from existing law.
View plain text versions (9)

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Sent to the Governor

  4. Signed by the Speaker of the House

  5. Senate Third Reading Passed - No Amendments

  6. Senate Second Reading Passed - No Amendments

  7. Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  8. Senate Committee on Finance Refer Unamended to Appropriations

  9. Introduced In Senate - Assigned to Finance

  10. House Third Reading Passed - No Amendments

  11. House Committee on Appropriations Refer Amended to House Committee of the Whole

  12. House Second Reading Special Order - Passed with Amendments - Committee

  13. House Committee on Finance Refer Unamended to Appropriations

  14. House Committee on Judiciary Refer Amended to Finance

  15. Introduced In House - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 98 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 23-1186 do?
For a residential eviction action filed in county court, the act: Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, conference, hearing, trial, or other court proceeding and to allow either party to change their designation until up to 48 hours before the proceeding; Authorizes a pro se defendant to file an answer to a summons electronically through an e-filing system; and authorizes either party, if the party is pro se, to file a motion or other documents electronically through an e-filing system; Prohibits the court from assessing an e-filing fee or service fee on a motion to waive filing fees, or from assessing an e-filing fee, service fee, or any other fee associated with the electronic filing or e-mailing of motions, answers, or documents for an indigent party; and Requires the court to comply with federal and state law or regulations, including state supreme court directive or policy, regarding accommodations for people with a disability or for people with limited English proficiency. If a party is appearing remotely and is disconnected, the act requires the court to make all reasonable efforts to contact the party and allow reasonable time for the party to reestablish connection. If the party is unable to reestablish connection, the act requires the court to reschedule the hearing for the first available in-person date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable. The act prohibits the court from entering a default judgment if a party is unable to participate remotely due to a technological disconnection or failure. The act requires the complaint to include a designation of whether the plaintiff elects to participate in any hearing in person or remotely and a box indicating if the eviction is for a residential or commercial tenancy. The act requires the summons to include a statement in bold-faced type notifying the defendant that either party has a right to appear in person or remotely, include a place for the defendant to indicate whether the defendant will appear in person or remotely, and provide information for how a pro se party can file documents related to the case. The act appropriates $418,118 from the general fund and the judicial department information technology cash fund to the judicial department for trial court programs, capital outlay, and information technology infrastructure. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
Who sponsors HB 23-1186?
HB 23-1186 is sponsored by Tony Exum (Democrat), Iman Jodeh (Democrat), Mandy Lindsay (Democrat), and Jaquez Lewis.
What is the current status of HB 23-1186?
This bill has been enacted into law. Introduced February 08, 2023. Enacted.
Where can I track HB 23-1186?
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