(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).
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.
