Colorado § 16-4-108 - When original bond continued.

§ 16-4-108. When original bond continued.

Once a bond has been executed and the person released from custody thereon, whether a charge is then pending or is thereafter filed or transferred to a court of competent jurisdiction, the original bond shall continue in effect until final disposition of the case in the trial court. If a charge filed in the county court is dismissed and the district attorney states on the record that the charge will be refiled in the district court or that the dismissal by the county court will be appealed to the district court, the county court before entering the dismissal shall fix a return date, not later than sixty-three days thereafter, upon which the defendant must appear in the district court and continue the bond. Any bond continued pursuant to this section is subject to the provisions of section 16-4-109.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 830, § 2, effective May 11.

ANNOTATION

Annotator's note. Since § 16-4-108 is similar to § 16-4-106 as it existed prior to the 2013 repeal and reenactment of this part 1, relevant cases decided under that provision and former provisions similar to that section have been included in the annotations to this section.

Purpose of section. The purpose of § 16-4-201 concerning bail after conviction and this section is to authorize the court to exercise discretion rather than follow a fixed policy and to permit a recognizance to remain in effect, without the necessity of a new bond, after conviction and until disposition of the case in the trial court. Trujillo v. District Court, 131 Colo. 428, 282 P.2d 703 (1955).

This section and § 16-4-201 must be read together and reconciled if possible. Rodriguez v. People, 191 Colo. 540, 554 P.2d 291 (1976).

Where defendant entered plea of guilty, surety's obligation under recognizance bond is terminated. Rodriguez v. People, 191 Colo. 540, 554 P.2d 291 (1976).

And trial court could not continue bond without first obtaining surety's consent. Rodriguez v. People, 191 Colo. 540, 554 P.2d 291 (1976).

Although the trial judge may continue the original bond to final disposition, he must obtain the consent of the surety to continue it beyond conviction. Rodriguez v. People, 191 Colo. 540, 554 P.2d 291 (1976).

Increase of surety's risk without his consent terminates obligation. When one undertakes a surety obligation, the surety undertakes a calculated risk, and events which materially increase that risk without consent of the surety terminate the obligation of the bond. People v. Smith, 645 P.2d 864 (Colo. App. 1982).

Effect of resettings of the case. Where there were resettings of a criminal case for trial at the same term, the contention of a surety on defendant's bond that he was discharged by these continuances without his consent was overruled. Van Gilder v. People, 75 Colo. 515, 227 P. 386 (1924).

Applied in Stephenson v. District Court, 629 P.2d 1078 (Colo. 1981).