On and after June 6, 2017, a law enforcement agency holding a defendant charged with a criminal offense shall not notify the defendant's bail bonding agent or a noncompensated surety before the bond is posted that his or her bond or fees may be forfeited if the defendant is removed from the country. On and after June 6, 2017, a law enforcement officer shall no longer ask a defendant or a person other than a bail bonding agent to execute a waiver prior to posting a bond for a person charged with a criminal offense that states that he or she understands that the bond or fees shall be forfeited if the defendant is removed from the country. A bail bonding agent shall not communicate to a defendant that his or her bond or fees shall be forfeited if the defendant is removed from the country.
Source: L. 2007: Entire part added, p. 1771, § 2, effective June 1. L. 2008: (2) amended, p. 923, § 2, effective July 1; (3)(n) amended, p. 1884, § 21, effective August 5. L. 2012: (1)(c) amended, (HB 12-1266), ch. 280, p. 1525, § 43, effective July 1. L. 2017: Entire section R&RE, (HB 17-1369), ch. 379, p. 1950, § 4, effective June 6.
Cross references: (1) For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 248, Session Laws of Colorado 2008.
(2) For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 3 - Arrest - Searches and Seizures
Part 5 - Warrants and Bonds for Persons Illegally in the Country
§ 16-3-501. Warrants Issued for Persons Illegally in the Country
§ 16-3-502. No Dismissal of Cases Against Persons Illegally in the Country
§ 16-3-503. Bonds for Persons With Immigration-Related Issues