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HB 25-1276

Court Actions Related to Failure to Appear in Court

2025 Regular Session Introduced by Shannon Bird and 3 co-sponsors

HB 25-1276 aimed to allow monetary bonds for repeat court no-shows in low-level offenses, enhancing accountability while ensuring fair treatment for defendants.

House Committee on Judiciary Postpone Indefinitely
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Bill Summary · HB 25-1276

Summary of HB 25-1276: Court Actions Related to Failure to Appear in Court

Bill Overview

Bill Number: HB 25-1276
Introduced: February 20, 2025
Status: Postponed Indefinitely by the House Committee on Judiciary on April 8, 2025
Prime Sponsors: Rep. Soper, Rep. Bird, Sen. Roberts, Sen. Frizell

The purpose of HB 25-1276 was to modify the conditions under which courts can impose monetary bonds for defendants who fail to appear in court for certain low-level offenses. The bill aimed to enhance accountability for repeated failures to appear while ensuring that defendants are treated fairly.

Key Provisions

  • Monetary Bond Conditions:
    The bill proposed allowing courts to issue a monetary bond for defendants charged with misdemeanors, petty offenses, or traffic offenses if they had previously failed to appear in court two or more times for the same case.

  • Removal of Prohibition:
    It sought to remove the existing prohibition on imposing monetary bonds for petty offenses related to theft, criminal mischief, arson, or similar municipal offenses if the defendant had failed to appear at least twice.

  • Additional Conditions for Bond:
    For other petty offenses or traffic offenses, a monetary bond could be imposed if the defendant had failed to appear three or more times and had another pending case for the same offense.

  • Court Procedures:
    The bill required courts to:

    • Conduct a search to determine if the defendant was in custody before issuing a failure to appear warrant.
    • Provide processes to quash warrants if defendants corrected their failure to appear before the next hearing.
    • Excuse failures to appear if evidence showed they were not willful or were due to excusable neglect.
    • Ensure that information about these processes was available online and at courthouses in both English and Spanish.

Fiscal Impact

  • State Expenditures:
    The bill was projected to increase state expenditures by approximately $250,503 in FY 2025-26, primarily from the General Fund. This included costs for personnel to manage longer bond hearings and additional clerical support.

  • Local Government Impact:
    Local district attorney offices and municipal courts would also experience increased workloads due to the longer bond hearings and the establishment of new processes related to failure to appear.

Effective Date

If enacted, the bill would have taken effect 90 days after the adjournment of the General Assembly, applying to offenses occurring on or after that date.

Conclusion

While HB 25-1276 aimed to address issues related to defendants' failures to appear in court, it was ultimately postponed indefinitely, meaning the proposed changes will not be implemented. The bill's intent was to balance accountability with fair treatment of defendants, ensuring that the judicial process remains effective and just.

Compiled from official sources — confirm details with the bill’s official record.

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