Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0162.01 Conrad Imel x2313
HOUSE BILL 24-1225
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROCEDURES IN MURDER IN THE FIRST DEGREE CASES ,101
AND, IN CONNECTION THEREWITH , AN EXCEPTION TO THE RIGHT102
TO BAIL FOR CASES OF MURDER IN THE FIRST DEGREE WHEN103
PROOF IS EVIDENT OR PRESUMPTION IS GREAT .104
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 current law, all persons have the right to bail pending
disposition of charges, with certain exceptions, including an exception for
persons charged with capital offenses. The bill adds an exception for
HOUSE SPONSORSHIP
Duran and Lynch,
SENATE SPONSORSHIP
Fields and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. murder in the first degree when proof is evident or presumption is great.
Under current law, in capital cases, each side is entitled to 10
peremptory juror challenges, and if there is more than one defendant, each
side is entitled to an additional 3 peremptory challenges for every
defendant after the first. The bill applies that existing law to cases in
which a defendant is charged with murder in the first degree.
The bill is contingent on the adoption at the 2024 general election
of a state constitutional amendment concerning bail exceptions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-4-101, amend2
(1)(c), (3), and (4); and add (1)(d) as follows:3
16-4-101. Bailable offenses - definitions. (1) All persons shall4
be bailable by sufficient sureties except:5
(c) When a person has been convicted of a crime of violence or a6
crime of possession of a weapon by a previous offender, as described in7
section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions8
existed prior to their repeal on March 1, 2022, at the trial court level and9
such
THE person is appealing such THE conviction or awaiting sentencing10
for such THE conviction and the court finds that the public would be11
placed in significant peril if the convicted person were released on bail;12
OR13
(d) F
OR THE OFFENSE OF MURDER IN THE FIRST DEGREE , AS14
DESCRIBED IN SECTION 18-3-102, COMMITTED ON OR AFTER THE EFFECTIVE15
DATE OF THIS SUBSECTION (1)(d), WHEN PROOF IS EVIDENT OR16
PRESUMPTION IS GREAT.17
(3) In any capital case
OR CASE IN WHICH THE DEFENDANT IS18
CHARGED WITH MURDER IN THE FIRST DEGREE , the defendant may make19
a written motion for admission to bail upon the ground that the proof is20
not evident or that presumption is not great, and the court shall promptly21
HB24-1225-2- conduct a hearing upon such THE motion. At such THE hearing, the burden1
shall be upon IS ON the people to establish that the proof is evident or that2
the presumption is great. The court may combine in a single hearing the3
questions as to whether the proof is evident or the presumption great with4
the determination of the existence of probable cause to believe that the5
defendant committed the crime charged.6
(4) Except in the case of a capital offense
OR CASE IN WHICH THE7
DEFENDANT IS CHARGED WITH MURDER IN THE FIRST DEGREE , if a person8
is denied bail under
PURSUANT TO this section, the trial of the person shall9
MUST be commenced not more than ninety-one days after the date on10
which bail is denied. If the trial is not commenced within ninety-one days11
and the delay is not attributable to the defense, the court shall12
immediately schedule a bail hearing and shall set the amount of the bail13
for the person.14
SECTION 2. In Colorado Revised Statutes, 16-10-104, amend15
(1) as follows:16
16-10-104. Peremptory challenges. (1) (a) In capital cases
AND17
IN CASES IN WHICH THE DEFENDANT IS CHARGED WITH MURDER IN THE18
FIRST DEGREE, the state and the defendant, when there is one defendant,19
shall
ARE each be entitled to ten peremptory challenges. In all other cases20
where there is one defendant and the punishment may be by imprisonment21
in the correctional facilities operated by the department of corrections, the22
state and the defendant shall ARE each be entitled to five peremptory23
challenges, and in all other cases to three peremptory challenges.24
(b) (I) If there is more than one defendant
IN A CASE:25
(A) I
N CAPITAL CASES AND IN CASES IN WHICH A DEFENDANT IS26
CHARGED WITH MURDER IN THE FIRST DEGREE , each side shall be
IS27
HB24-1225
-3- entitled to an additional three peremptory challenges for every defendant1
after the first, in capital cases, but not exceeding twenty peremptory2
challenges to each side;3
(B) In all other cases where the punishment may be by4
imprisonment in the correctional facilities operated by the department of5
corrections,
EACH SIDE IS ENTITLED to two additional peremptory6
challenges for every defendant after the first, not exceeding fifteen7
peremptory challenges to each side; and8
(C) In all other cases,
EACH SIDE IS ENTITLED to one additional9
peremptory challenge for every defendant after the first, not exceeding ten10
peremptory challenges to each side.11
(II) In any case where there are multiple defendants, every12
peremptory challenge shall be made and considered as the joint13
peremptory challenge of all defendants.14
(c) In case of the consolidation of any indictments, informations,15
complaints, or summonses and complaints for trial, such
THE consolidated16
cases shall be considered, for all purposes concerning peremptory17
challenges, as though the defendants had been joined in the same18
indictment, information, complaint, or summons and complaint.19
(d) When trial is held on a plea of not guilty by reason of insanity,20
the number of peremptory challenges shall be IS the same as if trial were21
on the issue of substantive guilt.22
SECTION 3. Effective date. This act takes effect only if House23
Concurrent Resolution 24-____ is approved by the people at the next24
general election, in which case this act takes effect on the date of the25
official declaration of the vote thereon by the governor.26
SECTION 4. Safety clause. The general assembly finds,27
HB24-1225
-4- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
HB24-1225
-5-