Senate Bill 25-189 Preamended

A Bill for an Act

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

• Page 1, Line 102defendant has prior qualifying convictions, and, in

• Page 1, Line 103connection therewith, making an appropriation.

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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), and (5)(b); and repeal (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 habitual proceedingfor a jury to

• Page 2, Line 8determine whether or not the defendant has suffered such the alleged

• Page 2, Line 9previous felony convictions,As soon as practicable, the hearing shall be

• Page 2, Line 10conducted by the judge who presided at trial or before whom the guilty

• Page 2, Line 11plea was entered or a replacement for said judge in the event he or she

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

• Page 2, Line 13section 16-6-201, C.R.S. whether the convictions were separately

• Page 2, Line 14brought and tried, and whether the convictions arose out of

• Page 2, Line 15separate and distinct criminal episodes. The habitual proceeding

• Page 2, Line 16must be conducted before the same jury impaneled to try the

• Page 2, Line 17substantive offense; except that, when necessary and as

• Page 2, Line 18constitutionally permissible, a new jury may be impaneled. If a

• Page 2, Line 19new jury is impaneled the court shall hold the habitual proceeding as soon as practicable.

• Page 2, Line 20(4)  If the defendant denies that he or she has they have been

• Page 2, Line 21previously convicted as alleged in any count of an information or

• Page 2, Line 22indictment, the trial judge, or a replacement judge as provided in

• Page 2, Line 23subsection (1) of this section, a jury shall determine by separate hearing

• Page 3, Line 1habitual proceeding and verdict whether the defendant has been

• Page 3, Line 2convicted as alleged, whether the convictions were separately

• Page 3, Line 3brought and tried, and whether the convictions arose out of

• Page 3, Line 4separate and distinct criminal episodes. The procedure in any case

• Page 3, Line 5in which the defendant does not become a witness in his or her own behalf upon the trial of the substantive offense shall be is as follows:

• Page 3, Line 6(b)  If the verdict is that the defendant is guilty of the substantive

• Page 3, Line 7offense charged, the trial judge, or a replacement judge as provided in

• Page 3, Line 8subsection (1) of this section, shall proceed to try a jury shall try the

• Page 3, Line 9issues of whether the defendant has been previously convicted as alleged.

• Page 3, Line 10The prosecuting attorney has the burden of proving beyond a reasonable

• Page 3, Line 11doubt that the defendant has been previously convicted as alleged, the

• Page 3, Line 12convictions were separately brought and tried, and the convictions arose out of separate and distinct criminal episodes.

• Page 3, Line 13(5) (b)  If, upon the trial of the issues upon the substantive offense

• Page 3, Line 14charged, the defendant testifies in his or her own defense and, after

• Page 3, Line 15having denied the previous conviction under subsection (3) of this

• Page 3, Line 16section, the prosecuting attorney presents rebuttal evidence

• Page 3, Line 17pursuant to subsection (5)(a) of this section or the defendant

• Page 3, Line 18admits that he or she the defendant has been previously convicted as

• Page 3, Line 19alleged, the trial judge, or a replacement judge as provided in subsection

• Page 3, Line 20(1) of this section, shall, in any sentencing hearing, consider any

• Page 3, Line 21admissions of prior convictions elicited from the defendant in connection

• Page 3, Line 22with his or her testimony on the substantive offense only as they affect the

• Page 3, Line 23defendant's credibility. In any sentencing hearing, the prosecution shall

• Page 3, Line 24be required to meet its burden of proving beyond a reasonable doubt the

• Page 3, Line 25defendant's prior convictions by evidence independent of the defendant's

• Page 4, Line 1testimony the presentation or admission does not relieve the

• Page 4, Line 2prosecuting attorney of the burden to prove beyond a

• Page 4, Line 3reasonable doubt that the defendant has been previously

• Page 4, Line 4convicted as alleged, the convictions were separately brought

• Page 4, Line 5and tried, and the convictions arose out of separate and distinct

• Page 4, Line 6criminal episodes. If, during the trial on the substantive offense,

• Page 4, Line 7the jury has heard the defendant admit a previous conviction,

• Page 4, Line 8 the court shall instruct the jury that it may consider the

• Page 4, Line 9admission only as it affects the defendant's credibility and that

• Page 4, Line 10the prosecuting attorney must prove beyond a reasonable doubt

• Page 4, Line 11the defendant's prior convictions by evidence independent of the admission.

• Page 4, Line 12(6)  If the prosecuting attorney does not have any information

• Page 4, Line 13indicating that the defendant has been previously convicted of a felony

• Page 4, Line 14prior to the time a verdict of guilty is rendered on a felony charge and if

• Page 4, Line 15thereafter the prosecuting attorney learns of the felony conviction prior

• Page 4, Line 16to the time that sentence is pronounced by the court, he or she may file a

• Page 4, Line 17new information in which it shall be alleged in separate counts that the

• Page 4, Line 18defendant has been convicted of the particular offense upon which

• Page 4, Line 19judgment has not been entered and that prior thereto at a specified date

• Page 4, Line 20and place the defendant has been convicted of a felony warranting

• Page 4, Line 21application of increased penalties authorized in this section and sections

• Page 4, Line 2218-1.3-801 and 18-1.3-802. The defendant shall be arraigned upon the

• Page 4, Line 23new information, and, if the defendant denies the previous conviction, the

• Page 4, Line 24trial judge, or a replacement judge as provided in subsection (1) of this section, shall try the issue prior to imposition of sentence.

• Page 4, Line 25SECTION 2.  Appropriation. For the 2025-26 state fiscal year,

• Page 5, Line 1$17,500 is appropriated to the judicial department for use by trial courts.

• Page 5, Line 2This appropriation is from the general fund. To implement this act, the

• Page 5, Line 3courts may use this appropriation for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions.

• Page 5, Line 4SECTION 3.  Applicability. This act applies to habitual proceedings on or after the effective date of this act.

• Page 5, Line 5SECTION 4.  Safety clause. The general assembly finds,

• Page 5, Line 6determines, and declares that this act is necessary for the immediate

• Page 5, Line 7preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 8the support and maintenance of the departments of the state and state institutions.