CO SB103

Creates new statute 18-1-410.6 allowing criminal defendants to challenge guilty pleas entered for Class 1 or Class 2 misdemeanors and municipal offenses committed before March 1, 2022, at any time regardless of prior time limitations.

Allows defendants to move to vacate a guilty plea if they suffered adverse immigration consequences and the plea was obtained in violation of constitutional or state law due to inadequate advice about immigration consequences, invalid waiver of right to counsel, or other constitutional defects.

Requires prosecution to respond to motions within 63 days, with unopposed motions automatically granted; if prosecution opposes, must prove by preponderance of evidence that defendant will not suffer immigration consequences or that the plea was constitutionally entered.

Establishes that written documents alone cannot establish an evidentiary hearing is needed for claims involving inadequate right-to-counsel advisements unless documents clearly show defendant was informed and knowingly waived that right.

Amends municipal court statutes to confirm section 18-1-410.6 applies to municipal courts and is not superseded by municipal charter or ordinance.