Colorado 2024 Regular Session

Colorado House Bill HB1225 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0162.01 Conrad Imel x2313
1	8		HOUSE BILL 24-1225
2		-	BY REPRESENTATIVE(S) Duran and Lynch, Armagost, Bird, Bottoms,
3		-	Bradley, Catlin, DeGraaf, Frizell, Jodeh, Lindstedt, McCormick, Snyder,
4		-	Soper, Titone, Valdez, Weinberg, McCluskie;
5		-	also SENATOR(S) Fields and Gardner, Buckner, Cutter, Exum, Ginal,
6		-	Gonzales, Hansen, Hinrichsen, Kirkmeyer, Kolker, Liston, Lundeen,
7		-	Marchman, Michaelson Jenet, Mullica, Pelton B., Pelton R., Priola, Rich,
8		-	Roberts, Simpson, Smallwood, Sullivan, Van Winkle, Will, Winter F.,
9		-	Fenberg.
10		-	CONCERNING PROCEDURES IN MURDER IN THE FIRST DEGREE CASES , AND, IN
11		-	CONNECTION THEREWITH
12		-	, AN EXCEPTION TO THE RIGHT TO BAIL FOR
13		-	CASES OF MURDER IN THE FIRST DEGREE WHEN PROOF IS EVIDENT OR
14		-	PRESUMPTION IS GREAT
15		-	.
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 16-4-101, amend
18		-	(1)(c), (3), and (4); and add (1)(d) as follows:
19		-	16-4-101. Bailable offenses - definitions. (1) All persons shall be
20		-	bailable by sufficient sureties except:
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (c) When a person has been convicted of a crime of violence or a
29		-	crime of possession of a weapon by a previous offender, as described in
30		-	section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions
31		-	existed prior to their repeal on March 1, 2022, at the trial court level and
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
	12	+	C
	13	+	ONCERNING PROCEDURES IN MURDER IN THE FIRST DEGREE CASES ,101
	14	+	AND, IN CONNECTION THEREWITH , AN EXCEPTION TO THE RIGHT102
	15	+	TO BAIL FOR CASES OF MURDER IN THE FIRST DEGREE WHEN103
	16	+	PROOF IS EVIDENT OR PRESUMPTION IS GREAT .104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Under current law, all persons have the right to bail pending
	25	+	disposition of charges, with certain exceptions, including an exception for
	26	+	persons charged with capital offenses. The bill adds an exception for
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	March 28, 2024
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	March 27, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	March 4, 2024
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	March 1, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Duran and Lynch, Armagost, Bird, Bottoms, Bradley, Catlin, DeGraaf, Frizell, Jodeh,
	41	+	Lindstedt, McCluskie, McCormick, Snyder, Soper, Titone, Valdez, Weinberg
	42	+	SENATE SPONSORSHIP
	43	+	Fields and Gardner, Buckner, Cutter, Exum, Fenberg, Ginal, Gonzales, Hansen,
	44	+	Hinrichsen, Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Michaelson Jenet, Mullica,
	45	+	Pelton B., Pelton R., Priola, Rich, Roberts, Simpson, Smallwood, Sullivan, Van Winkle, Will,
	46	+	Winter F.
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. murder in the first degree when proof is evident or presumption is great.
	50	+	Under current law, in capital cases, each side is entitled to 10
	51	+	peremptory juror challenges, and if there is more than one defendant, each
	52	+	side is entitled to an additional 3 peremptory challenges for every
	53	+	defendant after the first. The bill applies that existing law to cases in
	54	+	which a defendant is charged with murder in the first degree.
	55	+	The bill is contingent on the adoption at the 2024 general election
	56	+	of a state constitutional amendment concerning bail exceptions.
	57	+	Be it enacted by the General Assembly of the State of Colorado:1
	58	+	SECTION 1. In Colorado Revised Statutes, 16-4-101, amend2
	59	+	(1)(c), (3), and (4); and add (1)(d) as follows:3
	60	+	16-4-101. Bailable offenses - definitions. (1) All persons shall4
	61	+	be bailable by sufficient sureties except:5
	62	+	(c) When a person has been convicted of a crime of violence or a6
	63	+	crime of possession of a weapon by a previous offender, as described in7
	64	+	section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions8
	65	+	existed prior to their repeal on March 1, 2022, at the trial court level and9
32	66		such
33		-	THE person is appealing such THE conviction or awaiting sentencing
34		-	for such THE conviction and the court finds that the public would be placed
35		-	in significant peril if the convicted person were released on bail;
36		-	OR
37		-	(d) FOR THE OFFENSE OF MURDER IN THE FIRST DEGREE , AS
38		-	DESCRIBED IN SECTION
39		-	18-3-102, COMMITTED ON OR AFTER THE EFFECTIVE
40		-	DATE OF THIS SUBSECTION
41		-	(1)(d), WHEN PROOF IS EVIDENT OR PRESUMPTION
42		-	IS GREAT
43		-	.
	67	+	THE person is appealing such THE conviction or awaiting sentencing10
	68	+	for such THE conviction and the court finds that the public would be11
	69	+	placed in significant peril if the convicted person were released on bail;12
	70	+	OR13
	71	+	(d) F
	72	+	OR THE OFFENSE OF MURDER IN THE FIRST DEGREE , AS14
	73	+	DESCRIBED IN SECTION 18-3-102, COMMITTED ON OR AFTER THE EFFECTIVE15
	74	+	DATE OF THIS SUBSECTION (1)(d), WHEN PROOF IS EVIDENT OR16
	75	+	PRESUMPTION IS GREAT.17
44	76		(3) In any capital case
45		-	OR CASE IN WHICH THE DEFENDANT IS
46		-	CHARGED WITH MURDER IN THE FIRST DEGREE
47		-	, the defendant may make a
48		-	written motion for admission to bail upon the ground that the proof is not
49		-	evident or that presumption is not great, and the court shall promptly
50		-	conduct a hearing upon such
51		-	THE motion. At such THE hearing, the burden
52		-	shall be upon IS ON the people to establish that the proof is evident or that
53		-	the presumption is great. The court may combine in a single hearing the
54		-	questions as to whether the proof is evident or the presumption great with
55		-	the determination of the existence of probable cause to believe that the
56		-	defendant committed the crime charged.
	77	+	OR CASE IN WHICH THE DEFENDANT IS18
	78	+	CHARGED WITH MURDER IN THE FIRST DEGREE , the defendant may make19
	79	+	a written motion for admission to bail upon the ground that the proof is20
	80	+	not evident or that presumption is not great, and the court shall promptly21
	81	+	1225-2- conduct a hearing upon such THE motion. At such THE hearing, the burden1
	82	+	shall be upon IS ON the people to establish that the proof is evident or that2
	83	+	the presumption is great. The court may combine in a single hearing the3
	84	+	questions as to whether the proof is evident or the presumption great with4
	85	+	the determination of the existence of probable cause to believe that the5
	86	+	defendant committed the crime charged.6
57	87		(4) Except in the case of a capital offense
58		-	OR CASE IN WHICH ~~THE~~
59		-	DEFENDANT IS CHARGED WITH MURDER IN THE FIRST DEGREE
60		-	~~, if a person is~~
61		-	~~denied bail under~~
62		-	~~PURSUANT TO this section,~~ the ~~trial of the person shall~~
63		-	~~MUST be~~ commenced ~~not more than~~ ninety-one ~~days after the date on which~~
64		-	~~bail is denied. If~~ the ~~trial~~ is not ~~commenced within ninety-one days and~~ the
65		-	~~delay is not attributable to~~ the ~~defense,~~ the ~~court shall immediately schedule~~
66		-	~~a bail hearing and shall set the amount of the bail~~ for the person.
67		-	SECTION 2. In Colorado Revised Statutes, 16-10-104, ~~amend (1)~~
68		-	as follows:
	88	+	OR CASE IN WHICH THE7
	89	+	DEFENDANT IS CHARGED WITH MURDER IN THE FIRST DEGREE , if a person8
	90	+	is denied bail under
	91	+	PURSUANT TO this section, the trial of the person shall9
	92	+	MUST be commenced not more than ninety-one days after the date on10
	93	+	which bail is denied. If the trial is not commenced within ninety-one days11
	94	+	and the delay is not attributable to the defense, the court shall12
	95	+	immediately schedule a bail hearing and shall set the amount of the bail13
	96	+	for the person.14
	97	+	SECTION 2. In Colorado Revised Statutes, 16-10-104, amend15
	98	+	(1) as follows:16
69	99		16-10-104. Peremptory challenges. (1) (a) In capital cases
70		-	AND IN
71		-	CASES IN WHICH THE DEFENDANT IS CHARGED WITH MURDER IN THE FIRST
72		-	DEGREE
73		-	, the state and the defendant, when there is one defendant, shall
74		-	ARE
75		-	each be entitled to ten peremptory challenges. In all other cases where there
76		-	is one defendant and the punishment may be by imprisonment in the
77		-	PAGE 2-HOUSE BILL 24-1225 correctional facilities operated by the department of corrections, the state
78		-	and the defendant shall ARE each be entitled to five peremptory challenges,
79		-	and in all other cases to three peremptory challenges.
	100	+	AND17
	101	+	IN CASES IN WHICH THE DEFENDANT IS CHARGED WITH MURDER IN THE18
	102	+	FIRST DEGREE, the state and the defendant, when there is one defendant,19
	103	+	shall
	104	+	ARE each be entitled to ten peremptory challenges. In all other cases20
	105	+	where there is one defendant and the punishment may be by imprisonment21
	106	+	in the correctional facilities operated by the department of corrections, the22
	107	+	state and the defendant shall ARE each be entitled to five peremptory23
	108	+	challenges, and in all other cases to three peremptory challenges.24
80	109		(b) (I) If there is more than one defendant
81		-	IN A CASE:
	110	+	IN A CASE:25
82	111		(A) I
83		-	N CAPITAL CASES AND IN CASES IN WHICH A DEFENDANT IS
84		-	CHARGED WITH MURDER IN THE FIRST DEGREE
85		-	, each side shall be
86		-	IS entitled
87		-	to an additional three peremptory challenges for every defendant after the
88		-	first, in capital cases,
89		-	but not exceeding twenty peremptory challenges to
90		-	each side;
91		-	(B) In all other cases where the punishment may be by imprisonment
92		-	in the correctional facilities operated by the department of corrections,
93		-	EACH
94		-	SIDE IS ENTITLED
95		-	to two additional peremptory challenges for every
96		-	defendant after the first, not exceeding fifteen peremptory challenges to
97		-	each side; and
	112	+	N CAPITAL CASES AND IN CASES IN WHICH A DEFENDANT IS26
	113	+	CHARGED WITH MURDER IN THE FIRST DEGREE , each side shall be
	114	+	IS27
	115	+	1225
	116	+	-3- entitled to an additional three peremptory challenges for every defendant1
	117	+	after the first, in capital cases, but not exceeding twenty peremptory2
	118	+	challenges to each side;3
	119	+	(B) In all other cases where the punishment may be by4
	120	+	imprisonment in the correctional facilities operated by the department of5
	121	+	corrections,
	122	+	EACH SIDE IS ENTITLED to two additional peremptory6
	123	+	challenges for every defendant after the first, not exceeding fifteen7
	124	+	peremptory challenges to each side; and8
98	125		(C) In all other cases,
99		-	EACH SIDE IS ENTITLED to one ~~additional~~
100		-	peremptory challenge for every defendant after the first, not exceeding ~~ten~~
101		-	peremptory challenges to each side.
102		-	(II) In any case where there are multiple defendants, ~~every~~
103		-	peremptory challenge shall be made and considered as the ~~joint peremptory~~
104		-	challenge of all defendants.
105		-	(c) In case of the consolidation of any indictments, informations,
	126	+	EACH SIDE IS ENTITLED to one additional9
	127	+	peremptory challenge for every defendant after the first, not exceeding ten10
	128	+	peremptory challenges to each side.11
	129	+	(II) In any case where there are multiple defendants, every12
	130	+	peremptory challenge shall be made and considered as the joint13
	131	+	peremptory challenge of all defendants.14
	132	+	(c) In case of the consolidation of any indictments, informations,15
106	133		complaints, or summonses and complaints for trial, such
107		-	THE consolidated
108		-	cases shall be considered, for all purposes concerning peremptory
109		-	challenges, as though the defendants had been joined in the same
110		-	indictment, information, complaint, or summons and complaint.
111		-	(d) When trial is held on a plea of not guilty by reason of insanity,
112		-	the number of peremptory challenges shall be
113		-	IS the same as if trial were on
114		-	the issue of substantive guilt.
115		-	SECTION 3. Effective date. This act takes effect only if House
116		-	Concurrent Resolution 24-1002 is approved by the people at the next
117		-	general election, in which case this act takes effect on the date of the
118		-	official declaration of the vote thereon by the governor.
119		-	PAGE 3-HOUSE BILL 24-1225 SECTION 4. Safety clause. The general assembly finds,
120		-	determines, and declares that this act is necessary for the immediate
121		-	preservation of the public peace, health, or safety or for appropriations for
122		-	the support and maintenance of the departments of the state and state
123		-	institutions.
124		-	____________________________ ____________________________
125		-	Julie McCluskie Steve Fenberg
126		-	SPEAKER OF THE HOUSE PRESIDENT OF
127		-	OF REPRESENTATIVES THE SENATE
128		-	____________________________ ____________________________
129		-	Robin Jones Cindi L. Markwell
130		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
131		-	OF REPRESENTATIVES THE SENATE
132		-	APPROVED________________________________________
133		-	(Date and Time)
134		-	_________________________________________
135		-	Jared S. Polis
136		-	GOVERNOR OF THE STATE OF COLORADO
137		-	PAGE 4-HOUSE BILL 24-1225
	134	+	THE consolidated16
	135	+	cases shall be considered, for all purposes concerning peremptory17
	136	+	challenges, as though the defendants had been joined in the same18
	137	+	indictment, information, complaint, or summons and complaint.19
	138	+	(d) When trial is held on a plea of not guilty by reason of insanity,20
	139	+	the number of peremptory challenges shall be IS the same as if trial were21
	140	+	on the issue of substantive guilt.22
	141	+	SECTION 3. Effective date. This act takes effect only if House23
	142	+	Concurrent Resolution 24-1002 is approved by the people at the next24
	143	+	general election, in which case this act takes effect on the date of the25
	144	+	official declaration of the vote thereon by the governor.26
	145	+	SECTION 4. Safety clause. The general assembly finds,27
	146	+	1225
	147	+	-4- determines, and declares that this act is necessary for the immediate1
	148	+	preservation of the public peace, health, or safety or for appropriations for2
	149	+	the support and maintenance of the departments of the state and state3
	150	+	institutions.4
	151	+	1225
	152	+	-5-