Colorado Bill: Court Actions for Failure to Appear in Court

Detected March 13th, 2026

Summary

Colorado's SB26-112 proposes amendments to current law regarding conditions for pretrial release for defendants who have previously failed to appear in court. The bill clarifies when monetary conditions can be imposed for certain offenses and addresses situations where a defendant's counsel is present.

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What changed

Colorado Senate Bill 26-112, introduced for the 2026 Regular Session, seeks to amend existing statutes concerning pretrial release conditions for defendants who have previously failed to appear in court. The bill proposes to allow courts to impose security requirements for defendants with two or more prior failures to appear in the current case. It also expands exceptions to the prohibition on monetary release conditions for traffic, petty, and comparable municipal offenses, specifically for theft, criminal mischief, arson, or offenses involving threats of violence, property damage, or other specified circumstances, provided the defendant has a history of multiple failures to appear or pending charges.

The practical implications of this bill, if enacted, would allow courts greater discretion in setting release conditions for repeat offenders who fail to appear. Legal professionals and courts in Colorado will need to review the specific conditions under which monetary bonds can be imposed and ensure compliance with the updated criteria. The bill also clarifies when a defendant's absence will not be considered a failure to appear, particularly when counsel is present, which may affect court procedures and warrant issuance. The bill is currently in a draft stage, and its final passage and effective date are pending legislative action.

What to do next

Review proposed changes in Colorado SB26-112 regarding pretrial release conditions for defendants with prior failures to appear.
Update internal legal guidance and court procedures to reflect potential new criteria for imposing security requirements and monetary conditions on release.
Monitor the legislative progress of SB26-112 for potential enactment and effective date.

Source document (simplified)

SB26-112

Court Actions Related to Failure to Appear in Court

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Courts & Judicial Crimes, Corrections, & Enforcement |
Concerning defendants who fail to appear in court, and, in connection therewith, permitting certain conditions on pretrial release for defendants who have previously failed to appear.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

Under current law, a court is required to release a person on a personal recognizance bond if the person was charged with an offense for a violation with a maximum penalty that does not exceed 6 months' imprisonment and the court cannot require the person to give security of any kind for their appearance for trial other than their personal recognizance, unless certain conditions exist. The bill clarifies that these provisions apply in both state and municipal courts. The bill adds to the conditions for which a person may be required to give security that the defendant previously failed to appear in court 2 or more times in the present case.

Existing law prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, or a municipal offense for which there is no comparable state misdemeanor offense, with specified exceptions. The bill adds exceptions for:

A petty offense for theft, criminal mischief, or arson, or a comparable municipal offense, or a municipal offense involving threats of violence, injury, or property damage, if the defendant has previously failed to appear in court 2 or more times in the present case; and
Any other petty offense, traffic offense, or a comparable municipal offense, or a municipal offense for which there is no comparable state offense, if the defendant has previously failed to appear for a court proceeding 2 or more times in the present case and has another pending charge for the same offense in the same jurisdiction. The bill states that if a defendant's counsel is present at a court proceeding as required by a court and the defendant is not present, with the exceptions of trial, arraignment, contested hearings, and hearings in which a witness or victim is testifying before the court, the defendant's absence may not be considered a failure to appear. The bill applies the exceptions involving previous instances of a defendant's failure to appear for a municipal court proceeding only when, prior to issuing a warrant for the arrest of the defendant for the previous failure to appear, the court conducted a search to determine whether the defendant was being held in a correctional facility or county jail, and at the time of the previous failure to appear, the court had certain processes in place governing failures to appear.

The bill requires municipal courts to not consider a person's absence from a place and time specified in a summons or summons and complaint as a failure to appear if the person's counsel is present on their behalf.

(Note: This summary applies to this bill as introduced.)