HB 13-1210 Summary

• Requires district attorneys to conduct plea discussions with defendants only through or in the presence of defense counsel, except when defendants are ineligible for appointed counsel due to non-indigency or charges without possible incarceration.

• Establishes a carve-out for misdemeanors, petty offenses, and certain traffic violations allowing prosecutors to discuss plea offers directly with unrepresented defendants before counsel is appointed, with defendants retaining the right to request counsel at any time.

• Repeals the provision allowing prosecutors to avoid providing appointed counsel when stating in writing that incarceration will not be sought.

• Appropriates $3,855,000 and 37.9 FTE for fiscal year 2013-2014, split between trial courts ($54,366 and 0.8 FTE), courts administration ($30,125), and the state public defender's office ($3,710,909 and 37.1 FTE).

• Takes effect January 1, 2014 for substantive provisions, September 1, 2013 for appropriations; subject to voter approval if referendum petition filed within 90 days of final adjournment.