(1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.
Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96: (1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. L. 2021: (1)(a) amended and (1)(d) repealed, (HB 21-1315), ch. 461, p. 3108, § 6, effective July 6; (1)(d) amended, (SB 21-059), ch. 136, p. 742, § 107, effective October 1.
Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.
(2) Subsection (1)(d) was amended in SB 21-059, effective October 1, 2021. However, those amendments were superseded by the repeal of subsection (1)(d) in HB 21-1315, effective July 6, 2021.
Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.
(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
(3) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
Structure Colorado Code
Article 4.1 - Crime Victim Compensation and Victim and Witness Rights
Part 1 - Crime Victim Compensation Act
§ 24-4.1-101. Legislative Declaration
§ 24-4.1-103. Crime Victim Compensation Board - Creation
§ 24-4.1-104. District Attorney to Assist Board
§ 24-4.1-105. Application for Compensation
§ 24-4.1-107.5. Confidentiality of Materials - Definitions
§ 24-4.1-108. Awarding Compensation
§ 24-4.1-109. Losses Compensable
§ 24-4.1-110. Recovery From Collateral Source
§ 24-4.1-111. Compensation to Relatives
§ 24-4.1-112. Emergency Awards
§ 24-4.1-114. Assignment, Attachment, or Garnishment of Award
§ 24-4.1-114.5. Limitations on Characterization of Award as Income
§ 24-4.1-115. Survival of Rights
§ 24-4.1-116.5. Collection Actions Against Crime Victims - Suspension
§ 24-4.1-117. Fund Created - Control of Fund
§ 24-4.1-117.3. Crime Victim Services Advisory Board - Creation - Duties
§ 24-4.1-117.7. State Crime Victims Compensation Program - Creation - Appropriation
§ 24-4.1-118. Court Administrator Custodian of Fund - Disbursements
§ 24-4.1-119. Costs and Surcharges Levied on Criminal Actions and Traffic Offenses