(1) 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) 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) 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.
Notes of Decisions
Cited in
27
cases (
2 in the last 5 years), 1985–2025 · leading case:
People v. Garcia, 698 P.2d 801 (Colo. 1985).
People v. Garcia, 698 P.2d 801 (Colo. 1985).
· cites it 42× “The defendant challenges the constitutionality of section 18-8-212, 8 C.R.S. (1984 Supp.), which imposes criminal liability for failing to appear for trial or other proceedings in a case in which a bail bond has been filed.”
v. Donald, 2020 CO 24 (Colo. 2020).
· cites it 4× “¶6 Donald was subsequently extradited to Colorado and charged with several counts of violation of bail bond conditions under section 18-8-212(1), C.R.S. (2019). One count charged that Donald had “knowingly violated a condition of bond by leaving the State of Colorado.”
People v. Serra, 2015 COA 130 (Colo. Ct. App. 2015).
· cites it 4× “1 16 The jury convicted Serra of violation of bail bond conditions under section 18-8-212, C.R.S. 2015; violation of a protection order under section 18-6-808.”
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
· cites it 2× “See § 18-8-212(1), C.R.S. 2015 (“A person who is released on bail .”
Doyle v. People, 2015 CO 10 (Colo. 2015).
· cites it 3× “A charge of violating a condition of his bail bond, as proscribed by section 18-8-212(1), C.R.S. (2014), was added for failing to appear in court on March 8, 2011, which hall been made a condition of his bond from the original charges.”
People v. Gee, 2015 COA 151 (Colo. Ct. App. 2015).
· cites it 2× “~, 125 Gee argues that evidence that he fied to Michigan constituted evidence that he violated section 18-8-212(1), C.R,8.2015, which provides that a knowing violation of bail bond conditions or a knowing failure to appear for trial or other proceedings is a class 6 felony.”
People v. Wilburn, 272 P.3d 1078 (Colo. 2012).
· cites it 7× “The prosecution charged defendant Tyler Wilburn with violating section 18-8-212, C.R.S. (2011), a class six felony, for failing to appear in court on May 16, 2011 regarding several charges related to a traffic stop.”
People v. BRANTE, 232 P.3d 204 (Colo. Ct. App. 2009).
· cites it 2× “2009, child abuse, section 18-6-401(l)(a), burglary, section 18-4-203(1), violation of bail *206 bond conditions, section 18-8-212(1), and violation of a protection order, section 18-6-803.”
People v. Rester, 36 P.3d 98 (Colo. Ct. App. 2001).
· cites it 2× “IL Defendant also claims, for the first time on appeal, that he was denied due process when he was not advised that violating the terms of the bond could subject him to additional eriminal charges pursuant to § 18-8-212, C.R.S8.2000. Specifically, he maintains that, because he…”
People v. Renander, 151 P.3d 657 (Colo. Ct. App. 2006).
· cites it 2× “2006, a class three felony; counts two and three charged of violation of bail bond conditions pursuant to § 18-8-212, C.R.S. 2006, class six felonies; counts five through fifteen charged sexual exploitation of a child pursuant to § 18 — 6—403(3)(b.”
People v. Rickman, 178 P.3d 1202 (Colo. 2008).
· cites it 3× “As a result of the federal felony conviction and his ten-minute inspection of the rifle at the gun shop, Rickman was charged in Jefferson County District Court with two counts of violating a condition of bail bond, a class six felony, pursuant to section 18-8-212(1), C.R.S.…”
People v. Penrod, 892 P.2d 383 (Colo. Ct. App. 1994).
· cites it 3× “of any felony arising from the conduct for which he was arrested .”
— Colo. Rev. Stat. § 18-8-212(1) — 20 cases
v. Donald, 2020 CO 24 (Colo. 2020).
“¶6 Donald was subsequently extradited to Colorado and charged with several counts of violation of bail bond conditions under section 18-8-212(1), C.R.S. (2019). One count charged that Donald had “knowingly violated a condition of bond by leaving the State of Colorado.”
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
“See § 18-8-212(1), C.R.S. 2015 (“A person who is released on bail .”
Doyle v. People, 2015 CO 10 (Colo. 2015).
“A charge of violating a condition of his bail bond, as proscribed by section 18-8-212(1), C.R.S. (2014), was added for failing to appear in court on March 8, 2011, which hall been made a condition of his bond from the original charges.”
People v. Gee, 2015 COA 151 (Colo. Ct. App. 2015).
“~, 125 Gee argues that evidence that he fied to Michigan constituted evidence that he violated section 18-8-212(1), C.R,8.2015, which provides that a knowing violation of bail bond conditions or a knowing failure to appear for trial or other proceedings is a class 6 felony.”
People v. Garcia, 698 P.2d 801 (Colo. 1985).
“The defendant challenges the constitutionality of section 18-8-212, 8 C.R.S. (1984 Supp.), which imposes criminal liability for failing to appear for trial or other proceedings in a case in which a bail bond has been filed.”
— Colo. Rev. Stat. § 18-8-212(1)(F6) — 1 case
— Colo. Rev. Stat. § 18-8-212(2) — 3 cases
— Colo. Rev. Stat. § 18-8-212(3) — 1 case
People v. Garcia, 698 P.2d 801 (Colo. 1985).
“The defendant challenges the constitutionality of section 18-8-212, 8 C.R.S. (1984 Supp.), which imposes criminal liability for failing to appear for trial or other proceedings in a case in which a bail bond has been filed.”
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