HB16-1309
Right To Counsel In Municipal Court
| Type | Bill |
|---|---|
| Session | 2016 Regular Session |
| Subjects |
Concerning a defendant's right to counsel in certain cases considered by municipal courts.
Bill Summary:
At the time of first appearance on a municipal charge, if the defendant is in custody and the charged offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement, the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel.
If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.
(Note: This summary applies to this bill as enacted.)
If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.
(Note: This summary applies to this bill as enacted.)
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.004 (Attachment D). | The motion passed on a vote of 4-1. | Vote summary |
| Refer House Bill 16-1309, as amended, to the Committee of the Whole. | The motion passed on a vote of 4-1. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.003 (Attachment H). | The motion passed without objection. | Vote summary |
| Refer House Bill 16-1309, as amended, to the Committee on Finance | The motion passed on a vote of 5-0. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 16-1309 to the Committee of the Whole. | The motion passed on a vote of 6-5. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/29/2016 | Senate Amendments | REPASS |
44
AYE
20
NO
1
OTHER
|
Vote record |
| 04/29/2016 | Senate Amendments | CONCUR |
42
AYE
22
NO
1
OTHER
|
Vote record |
| 04/01/2016 | Third Reading | BILL |
45
AYE
20
NO
0
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/26/2016 | Third Reading | BILL |
29
AYE
6
NO
0
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 06/10/2016 | Governor | Governor Became Law |
| 05/11/2016 | Governor | Sent to the Governor |
| 05/10/2016 | House | Signed by the Speaker of the House |
| 05/10/2016 | Senate | Signed by the President of the Senate |
| 04/29/2016 | Senate | House Considered Senate Amendments - Result was to Laid Over Daily |
| 04/29/2016 | Senate | House Considered Senate Amendments - Result was to Concur - Repass |
| 04/26/2016 | Senate | Senate Third Reading Passed - No Amendments |
| 04/25/2016 | Senate | Senate Second Reading Passed with Amendments - Committee, Floor |
| 04/22/2016 | Senate | Senate Second Reading Laid Over Daily - No Amendments |
| 04/19/2016 | Senate | Senate Committee on Finance Refer Amended to Senate Committee of the Whole |
| 04/13/2016 | Senate | Senate Committee on State, Veterans, & Military Affairs Refer Amended to Finance |
| 04/01/2016 | Senate | Introduced In Senate - Assigned to State, Veterans, & Military Affairs |
| 04/01/2016 | House | House Third Reading Passed - No Amendments |
| 03/31/2016 | House | House Second Reading Passed - No Amendments |
| 03/24/2016 | House | House Committee on Judiciary Refer Unamended to House Committee of the Whole |
| 03/02/2016 | House | Introduced In House - Assigned to Judiciary |
Prime Sponsor
Sponsor
(None)
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 05/01/2017 | 366 | Right To Counsel In Municipal Court |