HB 16-1309 Summary

• Requires municipal courts to appoint counsel at no cost to indigent defendants at their first appearance if the charged offense carries a possible sentence of incarceration, unless the defendant knowingly, intelligently, and voluntarily waives the right to counsel after receiving full advisement.

• Continues appointment of counsel for defendants who remain in custody; allows defendants released from custody to apply for court-appointed counsel if they are found indigent and the offense includes a possible incarceration sentence.

• Extends the court's duty to inform defendants of their rights (per section 16-7-207, C.R.S.) to all prosecutions for violations of municipal charters and municipal ordinances.

• Takes effect May 1, 2017, unless subject to a referendum petition filed within 90 days after the general assembly's final adjournment; in that case, the act requires approval by voters at the November 2016 general election to take effect.