2022 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 2 - Escape and Offenses Relating to Custody
§ 18-8-212. Violation of Bail Bond Conditions

1. [ Editor's note: This version of subsection (1) is effective until March 1, 2022.] 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.

   (1) [ Editor's note: This version of subsection (1) is effective March 1, 2022. ] A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution.

2. [ Editor's note: This version of subsection (2) is effective until March 1, 2022.] 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.

   (2) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court.

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.
5. [ Editor's note: Subsection (5) is effective March 1, 2022.] A violation of bond appearance conditions shall not be brought against any person subject to the provisions of section 16-4-113 (2).

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. L. 2021: (1) and (2) amended and (5) added, (SB 21-271), ch. 462, p. 3199, § 293, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.