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18-8-212. Violation of bail bond conditions.

Statute text

(1) A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any felony arising from the conduct for which he was arrested, commits a class 6 felony if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.

(2) A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any misdemeanor arising from the conduct for which he was arrested, commits a class 3 misdemeanor if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.

(3) The court shall sentence any person who is convicted of a misdemeanor offense in violation of section 18-6-803.5, or a felony offense in violation of section 18-8-704, 18-8-705, 18-8-706, or 18-8-707, involving a victim or witness in the underlying offense while on bond in the underlying case to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. The court shall order the sentence to be served consecutively with any sentence for the offense on which the person is on bail if the underlying sentence is a sentence to incarceration.

(3.5) A person who is on bond for a sex offense as defined in section 18-1.3-1003 who is convicted under this section for a bond violation shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail.

(4) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state.

History

Source: L. 79: Entire section added, p. 663, 3, effective July 1. L. 82: (1) and (2) amended, p. 321, 1, effective March 22. L. 85: (1) and (2) amended, p. 623, 9, effective July 1. L. 89: (1) amended, p. 839, 80, effective July 1. L. 91: (1) and (2) amended, p. 407, 14, effective June 6. L. 2005: (4) added, p. 427, 7, effective April 29. L. 2013: (3) amended and (3.5) added, (HB 13-1242), ch. 308, p. 1635, 1, effective July 1. L. 2016: (3) amended, (SB 16-102), ch. 181, p. 620, 2, effective July 1.

Annotations

 

ANNOTATION

Annotations

This section is not unconstitutional on the grounds that it violates the prohibition against double jeopardy. People v. Garcia, 698 P.2d 801 (Colo. 1985).

Nor is this section unconstitutionally vague and overbroad. People v. Garcia, 698 P.2d 801 (Colo. 1985).

This section, when read together with 16-4-103 (2), is not unconstitutionally vague as applied. This section only applies to knowing violations of bail bond conditions, and the defendant was adequately apprised by the information of the manner in which he had violated those conditions. People v. Baker, 45 P.3d 753 (Colo. App. 2001).

Subsection (1) does not unconstitutionally delegate authority to the district court to define a criminal offense. People v. Baker, 45 P.3d 753 (Colo. App. 2001).

Subsection (3) is not unconstitutional as a denial of equal protection and due process of law. People v. Garcia, 698 P.2d 801 (Colo. 1985).

In order to prove a defendant violated this section, the prosecution must prove beyond a reasonable doubt that the defendant had actual knowledge of the bond conditions. A jail's routine practice of having an inmate sign bond paperwork before releasing the inmate on bond, with no additional evidence establishing that the defendant personally signed the paperwork, received a copy, or was otherwise informed of the bond conditions therein, is not sufficient to establish beyond a reasonable doubt that the defendant knew of the bond conditions and knowingly violated them. People v. Donald, 2018 COA 103, __ P.3d __.

In order to prove that a defendant violated this section, the prosecution must prove beyond a reasonable doubt that the terms of the bond were in effect at the time of the alleged illegal conduct. People v. Luna, 2013 COA 67, 410 P.3d 471.

Evidence that the defendant intended to and attempted to flee the jurisdiction will support an inference that the defendant knowingly failed to appear in violation of this section. People v. Williamson, 839 P.2d 519 (Colo. App. 1992).

No requirement that defendant be advised that violation of a bond condition is a crime. Statute that imposes criminal liability for certain conduct requires only that defendant know what he is doing when he is doing the conduct. People v. Rester, 36 P.3d 98 (Colo. App. 2001).