CO HB1104

Law enforcement officers may issue a summons instead of a warrant for non-violent offenses when the local district attorney consents and has developed criteria for the procedure.

Summons authority does not apply to Class 1, 2, 3, or 4 felonies; crimes in Section 24-4.1-302(1); or unclassified felonies punishable by more than ten years imprisonment.

Eligibility for summons requires a reasonable likelihood the defendant will appear, no felony arrests in the preceding five years, no deadly weapon allegations, and no outstanding warrants.

A copy of the issued summons must be delivered to the court and district attorney's office within ten days, and an information or complaint may be filed in open court on the date specified in the summons.

Summons documents may be signed by either a judge, court clerk, or the law enforcement officer who issued the summons.