HB 18-1078 Summary

• Courts must determine at a defendant's first appearance and before accepting guilty pleas whether the defendant is currently serving in or is a veteran of the U.S. Armed Forces, and inform them of potential mental health, substance use disorder, and other veteran services.

• Chief judges may establish veterans treatment court programs in collaboration with probation departments, district attorneys, and public defenders, with established guidelines and eligibility criteria.

• Successful completion of a veterans treatment program is a favorable factor courts must consider when deciding whether to seal criminal records for arrests, controlled substance convictions, petty offenses, municipal offenses, and intimate photograph posting convictions.

• The law applies to prosecutions under municipal charters and ordinances, except for traffic infractions where only a fine is imposed and arrest is prohibited.

• The act takes effect August 8, 2018, unless subject to voter approval through referendum petition.