Right to bail after a conviction - exceptions.

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(1) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:

  1. Murder;

  2. Any felony sexual assault involving the use of a deadly weapon;

  3. Any felony sexual assault committed against a child who is under fifteen years ofage;

  4. A crime of violence, as defined in section 18-1.3-406, C.R.S.;

  5. Any felony during the commission of which the person used a firearm;

  6. A crime of possession of a weapon by a previous offender, as described in section 18-

12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5);

  1. Child abuse, as described in section 18-6-401 (7)(a)(I), C.R.S.;

  2. A class 5 felony act of domestic violence, as described in section 18-6-801 (7);

  3. A second or subsequent offense for stalking that occurs within seven years after thedate of a prior offense for which the person was convicted, as described in section 18-3-602 (3)(b); or

  4. Stalking when there was a temporary or permanent protection order, injunction, orcondition of bond, probation, or parole or any other court order in effect that protected the victim from the person, including but not limited to stalking, as described in section 18-3-602 (5).

(2) The court shall not set bail that is otherwise allowed pursuant to subsection (1) of this section unless the court finds that:

  1. The person is unlikely to flee and does not pose a danger to the safety of any personor the community; and

  2. The appeal is not frivolous or is not pursued for the purpose of delay.

(3) The provisions of this section shall apply to offenses committed on or after January 1, 1995.

Source: L. 99: Entire section added, p. 57, § 8, effective March 15. L. 2000: (1) amended, p. 635, § 6, effective July 1. L. 2002: (1)(d) amended, p. 1490, § 132, effective October 1. L. 2007: (1)(e) and (1)(f) amended and (1)(g) added, p. 1686, § 2, effective July 1. L. 2017: (1)(f) amended and (1)(h), (1)(i), and (1)(j) added, (HB 17-1150), ch. 182, p. 665, § 1, effective August 9.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(d), see section 1 of chapter 318, Session Laws of Colorado 2002.


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