HB23-1169 Summary

• Requires peace officers to issue a summons instead of making an arrest for petty offenses, except petty theft, drug petty offenses, class 2 traffic misdemeanors, and certain municipal offenses.

• Allows arrest without a summons only when the person's location is unknown and an arrest warrant is necessary to bring them under court jurisdiction.

• Preserves law enforcement authority to arrest for offenses requiring custodial arrest by statute, victim rights act crimes, DUI/DWAI, traffic offenses involving death or bodily injury, eluding police, and operating a vehicle after circumventing an interlock device.

• Establishes the "Michael Marshall Justice Act" to address low-level offenses through summons issuance and alternative response programs rather than jail, citing cost savings and reduced recidivism.

• Takes effect 90 days after final adjournment unless subject to referendum petition, in which case it requires voter approval at the November 2024 general election.