Section 16-5-101 - Commencement of prosecution(1) Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways: (a) By the return of an indictment by a grand jury;(b) By the filing of an information in the district court;(c) By the filing of a felony complaint in the county court;(d) Prosecution of a misdemeanor, petty offense, or civil infraction may be commenced in the county court by: (I) The issuance of a summons and complaint;(II) The issuance of a summons following the filing of a complaint;(III) The filing of a complaint following an arrest; or(IV) The filing of a summons and complaint following arrest, or, in the event that the offense is a civil infraction, by the issuance of a notice of penalty assessment pursuant to section 16-2-201.(2) The procedures governing felony complaints filed in the county court and warrants or summonses issued in connection therewith shall be in accordance with and as required by the applicable provisions of the rules of criminal procedure promulgated by the supreme court of Colorado.(3) Where the offense charged is a misdemeanor or petty offense, the action may be commenced in the county court as provided in subsection (1)(d) of this section, and the issues shall then be tried in the county court. As to misdemeanors or petty offenses thus filed and tried in the county court, the simplified procedures enumerated in part 1 of article 2 of this title shall be applicable.Amended by 2021 Ch. 462, § 170, eff. 3/1/2022.L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-5-101. L. 2021: IP(1)(d) and (1)(d)(IV) amended, (SB 21-271), ch. 3162, p. 3162, § 170, effective March 1, 2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).