HomeMy WebLinkAbout15914RESOLUTION NO. 15914
A RESOLUTION OF THE CITY OF PUEBLO IN OPPOSITION TO
HB 25-1147: CONCERNING MEASURES TO ENSURE THAT
MUNICIPAL COURT DEFENDANTS ARE SUBJECT TO SIMILAR
CONDITIONS AS STATE COURT
WHEREAS, the Colorado General Assembly recently introduced House Bill 25-1147,
Concerning Measures to Ensure that Municipal Court Defendants are Subject to Similar
WHEREAS, local businesses suffer the negative impact of low-level crimes daily;
WHEREAS, the rampant low-level crime in Pueblo deters economic development and
discourages new retail businesses from locating within the City;
-level crimes
that prevent members of the community from enjoying their private property and community
amenities such as trails and parks; and
along with it, its independence and self-determination vested in it by the Colorado Constitution;
and
WHEREAS, HB 1147 will prohibit the City of Pueblo from determining priorities and
goals for its community and enacting laws and imposing penalties to further those priorities and
goals; and
WHEREAS, the City of Pueblo should not be bound the sentencing philosophies of the
State but rather should be able to enact laws and penalties aimed at addressing priority
community concerns; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The City of Pueblo opposes House Bill 25-1147 and urges its legislators to vote NO on
this legislation.
SECTION 2.
A copy of this Resolution be transmitted to all members of the Colorado Senate and House
of Representatives and the Governor of Colorado.
SECTION 3.
The officers of the City are authorized and directed to perform any and all acts consistent
with the intent of this Resolution to effectuate the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon final passage.
INTRODUCED: February 24, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M9
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 24, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Mark Aliff, President
SUBJECT: A RESOLUTION OF THE CITY OF PUEBLO IN OPPOSITION TO HB 25-
1147: CONCERNING MEASURES TO ENSURE THAT MUNICIPAL
COURT DEFENDANTS ARE SUBJECT TO SIMILAR CONDITIONS AS
STATE COURT
SUMMARY:
Attached is a Resolution opposing HB25-1147: Concerning Measures to Ensure that
Municipal Court Defendants are Subject to Similar Conditions as State Court.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
Colorado HB25-1147, Concerning Measures to Ensure that Municipal Court Defendants
are Subject to Similar Conditions as State Court was introduced in the Colorado House
of Representatives on January 29, 2025. The bill caps the maximum penalty for a
municipal violation that has a comparable state law crime at the maximum penalty for
the state-level offense. When there is no comparable state-level offense, the maximum
penalty is capped at the maximum for a state-level petty offense.
HB25-1147 prohibits municipalities from imposing mandatory minimum penalties or
imposing increased penalties based upon prior convictions unless the person is
convicted of a municipal offense for which there is a comparable state offense or of an
infraction that allows imposition of the same mandatory minimum or increased penalties
based on prior convictions. The bill also caps a consecutive municipal sentence at 2
times the highest charge in the case.
The bill clarifies that municipal court defendants have a right to counsel and that
municipal defense counsel have the same notice, case information, and opportunity to
meet with their clients as do state-level defense counsel. Current law prohibits paying
indigent municipal defense counsel on a fixed or flat-fee payment structure if the
municipality prosecutes domestic violence cases. The bill applies the prohibition to all
municipalities.
All municipal court proceedings are required to be open to public observation. Virtual
observation is required for all in-custody proceedings, and prompt resolution of municipal
cases is required.
Currently, the City of Pueblo has two levels of offenses. Pursuant to the City Charter
and Code, Class 1 municipal offenses carry a possible penalty of up to $2,650 in fines
and 364 days in jail. Class 2 municipal offenses have a possible penalty of up to $2,650
in fines. In addition, Pueblo Municipal Code provides enhanced sentencing for habitual
offenders. Habitual offenders can be sentenced as Class 1 municipal offenders if they
have had two previous convictions for the same crime within the requisite period of time
set forth in the Code.
useless. Passage of the bill would also prohibit mandatory minimum sentencing for theft
from merchant and illegal dumping.
Since 1902, the Colorado Constitution has given clear authority to home rule
municipalities over the creation of their municipal courts and imposition of penalties for
ordinance violations.
by the Colorado Constitution. If this bill passes, the City will be required to sentence
FINANCIAL IMPLICATIONS:
There are no financial implications for the City in passing this Resolution.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
City Council could choose not to publicly oppose HB25-1147.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
None
