Senate Bill 25-189 Reengrossed

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.

• 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

• Page 2, Line 20proceeding as soon as practicable. The Colorado rules of

• Page 2, Line 21evidence and Colorado rules of criminal procedure, including

• Page 2, Line 22the discovery provisions of Colorado rule of criminal procedure

• Page 2, Line 2316, fully apply to habitual proceedings conducted pursuant to

• Page 2, Line 24this section.

• Page 3, Line 1(4)  If the defendant denies that he or she has they have been

• Page 3, Line 2previously convicted as alleged in any count of an information or

• Page 3, Line 3indictment, the trial judge, or a replacement judge as provided in

• Page 3, Line 4subsection (1) of this section, a jury shall determine by separate hearing

• Page 3, Line 5habitual proceeding and verdict whether the defendant has been

• Page 3, Line 6convicted as alleged, whether the convictions were separately

• Page 3, Line 7brought and tried, and whether the convictions arose out of

• Page 3, Line 8separate and distinct criminal episodes. The procedure in any case

• Page 3, Line 9in 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 10(b)  If the verdict is that the defendant is guilty of the substantive

• Page 3, Line 11offense charged, the trial judge, or a replacement judge as provided in

• Page 3, Line 12subsection (1) of this section, shall proceed to try a jury shall try the

• Page 3, Line 13issues of whether the defendant has been previously convicted as alleged.

• Page 3, Line 14The prosecuting attorney has the burden of proving beyond a reasonable

• Page 3, Line 15doubt that the defendant has been previously convicted as alleged, the

• Page 3, Line 16convictions were separately brought and tried, and the convictions arose out of separate and distinct criminal episodes.

• Page 3, Line 17(5) (b)  If, upon the trial of the issues upon the substantive offense

• Page 3, Line 18charged, the defendant testifies in his or her own defense and, after

• Page 3, Line 19having denied the previous conviction under subsection (3) of this

• Page 3, Line 20section, the prosecuting attorney presents rebuttal evidence

• Page 3, Line 21pursuant to subsection (5)(a) of this section or the defendant

• Page 3, Line 22admits that he or she the defendant has been previously convicted as

• Page 3, Line 23alleged, the trial judge, or a replacement judge as provided in subsection

• Page 3, Line 24(1) of this section, shall, in any sentencing hearing, consider any

• Page 3, Line 25admissions of prior convictions elicited from the defendant in connection

• Page 4, Line 1with his or her testimony on the substantive offense only as they affect the

• Page 4, Line 2defendant's credibility. In any sentencing hearing, the prosecution shall

• Page 4, Line 3be required to meet its burden of proving beyond a reasonable doubt the

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

• Page 4, Line 5testimony the presentation or admission does not relieve the

• Page 4, Line 6prosecuting attorney of the burden to prove beyond a

• Page 4, Line 7reasonable doubt that the defendant has been previously

• Page 4, Line 8convicted as alleged, the convictions were separately brought

• Page 4, Line 9and tried, and the convictions arose out of separate and distinct

• Page 4, Line 10criminal episodes. If, during the trial on the substantive offense,

• Page 4, Line 11the jury has heard the defendant admit a previous conviction,

• Page 4, Line 12 the court shall instruct the jury that it may consider the

• Page 4, Line 13admission only as it affects the defendant's credibility and that

• Page 4, Line 14the prosecuting attorney must prove beyond a reasonable doubt

• Page 4, Line 15the defendant's prior convictions by evidence independent of the admission.

• Page 4, Line 16(6)  If the prosecuting attorney does not have any information

• Page 4, Line 17indicating that the defendant has been previously convicted of a felony

• Page 4, Line 18prior to the time a verdict of guilty is rendered on a felony charge and if

• Page 4, Line 19thereafter the prosecuting attorney learns of the felony conviction prior

• Page 4, Line 20to the time that sentence is pronounced by the court, he or she may file a

• Page 4, Line 21new information in which it shall be alleged in separate counts that the

• Page 4, Line 22defendant has been convicted of the particular offense upon which

• Page 4, Line 23judgment has not been entered and that prior thereto at a specified date

• Page 4, Line 24and place the defendant has been convicted of a felony warranting

• Page 4, Line 25application of increased penalties authorized in this section and sections

• Page 4, Line 2618-1.3-801 and 18-1.3-802. The defendant shall be arraigned upon the

• Page 5, Line 1new information, and, if the defendant denies the previous conviction, the

• Page 5, Line 2trial judge, or a replacement judge as provided in subsection (1) of this section, shall try the issue prior to imposition of sentence.

• Page 5, Line 3SECTION 2.  Appropriation. For the 2025-26 state fiscal year,

• Page 5, Line 4$17,500 is appropriated to the judicial department for use by trial courts.

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

• Page 5, Line 6courts may use this appropriation for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions.

• Page 5, Line 7SECTION 3.  Applicability. This act applies to habitual proceedings on or after the effective date of this act.

• Page 5, Line 8SECTION 4.  Safety clause. The general assembly finds,

• Page 5, Line 9determines, and declares that this act is necessary for the immediate

• Page 5, Line 10preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 11the support and maintenance of the departments of the state and state institutions.