ColoradoRequire Jury to Determine Prior Convictions
What it does
Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. The act requires a jury, in a habitual proceeding that is separate from the trial of the charged substantive offense and for the purpose of determining whether the defendant is a habitual criminal, to determine whether the defendant has been previously convicted as alleged, whether the convictions were separately brought and tried, and whether the convictions arose out of separate and distinct criminal episodes. The habitual proceeding must be conducted before the same jury impaneled to try the substantive offense; except that, when necessary and as constitutionally permissible, a new jury may be impaneled.
More detail
If a new jury is impaneled, the court shall hold the habitual proceeding as soon as practicable.
The act repeals the process for a judge to try the issue of whether a person is a habitual offender when the prosecuting attorney learns of a prior felony conviction after a guilty verdict but prior to the person being sentenced.
The act appropriates $17,500 from the general fund to the judicial department for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions. (Note: This summary applies to this bill as enacted.)
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 2Governor Jared Polis SignedBecame Law
- May 12Signed by the President of the Senate
- May 12Sent to the GovernorTo Governor
- May 12Signed by the Speaker of the House
- May 5House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- May 3House Committee on Appropriations Refer Unamended to House Committee of the WholeMinor
- May 3House Second Reading Special Order - Passed - No Amendments
- Apr 30House Committee on Judiciary Refer Unamended to AppropriationsMinor
- Apr 17Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Upper
- Apr 17Introduced In House - Assigned to JudiciaryMinor
- Apr 16Senate Third Reading Laid Over Daily - No Amendments
- Apr 15Senate Second Reading Passed with Amendments - Committee, FloorMinor
- Apr 11Senate Committee on Appropriations Refer Amended to Senate Committee of the WholeMinor
- Mar 26Senate Committee on Judiciary Refer Amended to AppropriationsMinor
- Mar 17Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
- Mar 3Introduced In Senate - Assigned to JudiciaryIntroduced