LEGISLATIVE UPDATES

 Legislative Update as of July 2007

Please check with your Judges and City Attorneys before making ANY changes based on the information contained on this page. All Bills may be downloaded from the State Legislation Web Site

SENATE BILLS

  1. 07-045 Copy Fees This bill limits photocopies of "open records" to $.25 per page and/or actual costs. (For example, you can continue to charge whatever it actually cost you to have a transcript done.) I'm sure your City Clerks are aware of this as it directly affects them. Since court records fall under the category of criminal justice, this probably doesn't directly affect us. However, members should be aware of this discrepancy since a citizen may not feel it is "fair" for them to be charged $.25 in one office and a higher fee in another city office for the same amount of effort.

  2. 7-136 Civil Protection Orders. Effective 07/01/07. For those courts that have been given the authority by their own municipality to handle protection orders, no contact orders, restraining orders, etc. this expands our limitations. However, few, if any of us that use these orders in domestic violence cases, also issue civil protection orders. Most of us will probably not implement any changes based on this new law but I wanted everyone to know it was out there just the same.

  3. 07-260 Theft limits. Effective 07/01/07. This bill allows your municipality to raise your theft limit to $1000. Your municipality would need to pass an ordinance for this increase within its own jurisdictional limits. This would give your officers the discretion of writing a ticket into municipal or county jurisdiction.

HOUSE BILLS

  1. 07-1010 Electronic Search/Arrest Warrants. Effective 03/01/07. This allows officers and courts/judges to correspond and obtain search/arrest warrants with the utilization of email and electronic signatures or by electronically or electromagnetically transmitted facsimile. There is no barrier to begin using this method other than what technology is or isn't available to you

  2. 07-1034 DU Arbitration Panel. Effective 03/02/07. This is informational only. DU is now authorized to administer arbitration services, much like their law students. If you have a need for such a situation, you might want to contact them for the requirements and possibilities of use.

  3. 07-1117 Helmet Required. Effective 07/01/07. Motorcycle operators/passengers under 18 must wear helmets/protective headgear. This is an amendment to a section within the Model Traffic Code so it is likely your municipality would want to officially adopt this amendment in order to have jurisdiction over a violation.

  4. 07-1129 Restorative Justice Programs. Effective 03/29/07. Establishes a Restorative Justice Council that will help encourage/fund such programs for juveniles in particular.

  5. 07-1315 Criminal Procedure. Effective 04/16/07. Prohibits municipalities from imposing sentences CONSECUTIVE to DOC sentences. Municipalities may sentence CONCURRENT with DOC sentences only. I doubt many judges are doing this anyway, but for whatever reason the legislators made it official.

  6. 07-1350 Victim Address Confidentiality. Effective 07/01/07. Establishes a statewide program wherein victims may obtain a fake address for the purposes of remaining confidential while still receiving mail etc. This only applies to persons involved in domestic violence types of cases. This is a rather lengthy bill with various parts so I strongly recommend talking with your judges, prosecutors, and victim advocates about how this may or may not affect your current domestic violence processes.






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