Senate Bill 25-189 Introduced

A Bill for an Act

• Page 1, Line 101Concerning requiring a jury to determine whether a

• Page 1, Line 102defendant has prior qualifying convictions.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. A jury determines whether the defendant committed the substantive offense charged, and the trial judge determines whether the defendant has been previously convicted as alleged. The bill requires a jury to determine whether the defendant has been previously convicted as alleged for the purpose of determining whether the defendant is a habitual criminal.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 18-1.3-803, amend (1), (4) introductory portion, (4)(b), (5)(b), and (6) as follows:

• Page 2, Line 318-1.3-803.  Verdict of jury. (1)  If the allegation of previous

• Page 2, Line 4convictions of other felony offenses is included in an indictment or

• Page 2, Line 5information and if a verdict of guilty of the substantive offense with

• Page 2, Line 6which the defendant is charged is returned, the court shall conduct a

• Page 2, Line 7separate sentencing hearing for a jury to determine whether or not the

• Page 2, Line 8defendant has suffered such the alleged previous felony convictions.

• Page 2, Line 9As soon as practicable, the hearing shall be conducted by the judge who

• Page 2, Line 10presided at trial or before whom the guilty plea was entered or a

• Page 2, Line 11replacement for said judge in the event he or she dies, resigns, is

• Page 2, Line 12incapacitated, or is otherwise disqualified as provided in section

• Page 2, Line 1316-6-201, C.R.S. The court shall hold the hearing as soon as

• Page 2, Line 14practicable. If practicable, the hearing must be conducted

• Page 2, Line 15before the same jury impaneled to try the substantive offense.

• Page 2, Line 16If that jury has been discharged, the court shall impanel a new

• Page 2, Line 17jury for the purpose of deciding any outstanding issues

• Page 2, Line 18regarding whether the defendant has been previously convicted as alleged.

• Page 2, Line 19(4)  If the defendant denies that he or she has they have been

• Page 2, Line 20previously convicted as alleged in any count of an information or

• Page 2, Line 21indictment, the trial judge, or a replacement judge as provided in

• Page 2, Line 22subsection (1) of this section, a jury shall determine by separate hearing

• Page 2, Line 23and verdict whether the defendant has been convicted as alleged. The

• Page 3, Line 1procedure in any case in which the defendant does not become a witness

• Page 3, Line 2in his or her own behalf upon the trial of the substantive offense shall be is as follows:

• Page 3, Line 3(b)  If the verdict is that the defendant is guilty of the substantive

• Page 3, Line 4offense charged, the trial judge, or a replacement judge as provided in

• Page 3, Line 5subsection (1) of this section, shall proceed to try a jury shall try the

• Page 3, Line 6issues of whether the defendant has been previously convicted as alleged.

• Page 3, Line 7The prosecuting attorney has the burden of proving beyond a reasonable doubt that the defendant has been previously convicted as alleged.

• Page 3, Line 8(5) (b)  If, upon the trial of the issues upon the substantive offense

• Page 3, Line 9charged, the defendant testifies in his or her own defense and, after

• Page 3, Line 10having denied the previous conviction under subsection (3) of this

• Page 3, Line 11section, the prosecuting attorney presents rebuttal evidence

• Page 3, Line 12pursuant to subsection (5)(a) of this section or the defendant

• Page 3, Line 13admits that he or she the defendant has been previously convicted as

• Page 3, Line 14alleged, the trial judge, or a replacement judge as provided in subsection

• Page 3, Line 15(1) of this section, shall, in any sentencing hearing, consider any

• Page 3, Line 16admissions of prior convictions elicited from the defendant in connection

• Page 3, Line 17with his or her testimony on the substantive offense only as they affect the

• Page 3, Line 18defendant's credibility. In any sentencing hearing, the prosecution shall

• Page 3, Line 19be required to meet its burden of proving beyond a reasonable doubt the

• Page 3, Line 20defendant's prior convictions by evidence independent of the defendant's

• Page 3, Line 21testimony the presentation or admission does not relieve the

• Page 3, Line 22prosecuting attorney of the burden to prove beyond a

• Page 3, Line 23reasonable doubt that the defendant has been previously

• Page 3, Line 24convicted as alleged at a subsequent sentencing hearing. If the

• Page 3, Line 25same jury that heard the defendant's admission to being

• Page 4, Line 1previously convicted as alleged during the trial on the

• Page 4, Line 2substantive offense is determining whether the defendant was

• Page 4, Line 3previously convicted, the court shall instruct the jury that it

• Page 4, Line 4may consider the admission only as it affects the defendant's

• Page 4, Line 5credibility and that the prosecuting attorney must prove

• Page 4, Line 6beyond a reasonable doubt the defendant's prior convictions by evidence independent of the admission.

• Page 4, Line 7(6)  If the prosecuting attorney does not have any information

• Page 4, Line 8indicating that the defendant has been previously convicted of a felony

• Page 4, Line 9prior to the time a verdict of guilty is rendered on a felony charge and if

• Page 4, Line 10thereafter the prosecuting attorney learns of the felony conviction prior

• Page 4, Line 11to the time that sentence is pronounced by the court, he or she the

• Page 4, Line 12prosecuting attorney may file a new information in which it shall be

• Page 4, Line 13alleged that alleges in separate counts that the defendant has been

• Page 4, Line 14convicted of the particular offense upon which judgment has not been

• Page 4, Line 15entered and that prior thereto at a specified date and place the defendant

• Page 4, Line 16has been convicted of a felony warranting application of increased

• Page 4, Line 17penalties authorized in this section and sections 18-1.3-801 and

• Page 4, Line 1818-1.3-802. The court shall arraign the defendant shall be arraigned

• Page 4, Line 19upon the new information, and, if the defendant denies the previous

• Page 4, Line 20conviction, the trial judge or a replacement judge as provided in

• Page 4, Line 21subsection (1) of this section, shall impanel a jury to try the issue prior to imposition of sentence.

• Page 4, Line 22SECTION 2.  Applicability. This act applies to sentencing hearings on or after the effective date of this act.

• Page 4, Line 23SECTION 3.  Safety clause. The general assembly finds,

• Page 4, Line 24determines, and declares that this act is necessary for the immediate

• Page 5, Line 1preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 2the support and maintenance of the departments of the state and state institutions.