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HB21-1309: Criminal Trial Continuances COVID-19 Pandemic

Bill Number: HB21-1309
Year: 2021
ACLU Position: Monitor
Sponsors: T. Carver/D. Roberts

Description:

Under existing law, a criminal defendant must be brought to trial within 6 months after the date of the entry of a plea of not guilty.

However, there are circumstances that exclude a period of time when computing the time within which a defendant must be brought to trial. These exclusions extend the length of time within which the defendant must be brought to trial.

The bill permits the court to exclude a period of delay caused by the COVID-19 pandemic, not to exceed 6 months, if the case includes a charge of a certain crime and other considerations are satisfied. The court may grant not more than 2 continuances due to a period of delay caused by the COVID-19 pandemic.

The bill requires the court that orders an exclusion of a period of delay caused by the COVID-19 pandemic to conduct a hearing for reconsideration of bond for an eligible defendant in custody awaiting trial.

A court shall not grant a continuance based on a delay caused by the COVID-19 pandemic on or after 5:01 p.m. on April 29, 2022


Current Status:

Introduced In House - Assigned to Judiciary (05/07/2021)
Senate Third Reading Passed - No Amendments (06/08/2021)



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