HOUSE BILL 24-1225
BY REPRESENTATIVE(S) Duran and Lynch, Armagost, Bird, Bottoms,
Bradley, Catlin, DeGraaf, Frizell, Jodeh, Lindstedt, McCormick, Snyder,
Soper, Titone, Valdez, Weinberg, McCluskie;
also SENATOR(S) Fields and Gardner, Buckner, Cutter, Exum, Ginal,
Gonzales, Hansen, Hinrichsen, Kirkmeyer, Kolker, Liston, Lundeen,
Marchman, Michaelson Jenet, Mullica, Pelton B., Pelton R., Priola, Rich,
Roberts, Simpson, Smallwood, Sullivan, Van Winkle, Will, Winter F.,
Fenberg.
CONCERNING PROCEDURES IN MURDER IN THE FIRST DEGREE CASES , AND, IN
CONNECTION THEREWITH
, AN EXCEPTION TO THE RIGHT TO BAIL FOR
CASES OF MURDER IN THE FIRST DEGREE WHEN PROOF IS EVIDENT OR
PRESUMPTION IS GREAT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-4-101, amend
(1)(c), (3), and (4); and add (1)(d) as follows:
16-4-101. Bailable offenses - definitions. (1) All persons shall be
bailable by sufficient sureties except:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) When a person has been convicted of a crime of violence or a
crime of possession of a weapon by a previous offender, as described in
section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions
existed prior to their repeal on March 1, 2022, at the trial court level and
such
THE person is appealing such THE conviction or awaiting sentencing
for such THE conviction and the court finds that the public would be placed
in significant peril if the convicted person were released on bail;
OR
(d) FOR THE OFFENSE OF MURDER IN THE FIRST DEGREE , AS
DESCRIBED IN SECTION
18-3-102, COMMITTED ON OR AFTER THE EFFECTIVE
DATE OF THIS SUBSECTION
(1)(d), WHEN PROOF IS EVIDENT OR PRESUMPTION
IS GREAT
.
(3) In any capital case
OR CASE IN WHICH THE DEFENDANT IS
CHARGED WITH MURDER IN THE FIRST DEGREE
, the defendant may make a
written motion for admission to bail upon the ground that the proof is not
evident or that presumption is not great, and the court shall promptly
conduct a hearing upon such
THE motion. At such THE hearing, the burden
shall be upon IS ON the people to establish that the proof is evident or that
the presumption is great. The court may combine in a single hearing the
questions as to whether the proof is evident or the presumption great with
the determination of the existence of probable cause to believe that the
defendant committed the crime charged.
(4) Except in the case of a capital offense
OR CASE IN WHICH THE
DEFENDANT IS CHARGED WITH MURDER IN THE FIRST DEGREE
, if a person is
denied bail under
PURSUANT TO this section, the trial of the person shall
MUST be commenced not more than ninety-one days after the date on which
bail is denied. If the trial is not commenced within ninety-one days and the
delay is not attributable to the defense, the court shall immediately schedule
a bail hearing and shall set the amount of the bail for the person.
SECTION 2. In Colorado Revised Statutes, 16-10-104, amend (1)
as follows:
16-10-104. Peremptory challenges. (1) (a) In capital cases
AND IN
CASES IN WHICH THE DEFENDANT IS CHARGED WITH MURDER IN THE FIRST
DEGREE
, the state and the defendant, when there is one defendant, shall
ARE
each be entitled to ten peremptory challenges. In all other cases where there
is one defendant and the punishment may be by imprisonment in the
PAGE 2-HOUSE BILL 24-1225 correctional facilities operated by the department of corrections, the state
and the defendant shall ARE each be entitled to five peremptory challenges,
and in all other cases to three peremptory challenges.
(b) (I) If there is more than one defendant
IN A CASE:
(A) I
N CAPITAL CASES AND IN CASES IN WHICH A DEFENDANT IS
CHARGED WITH MURDER IN THE FIRST DEGREE
, each side shall be
IS entitled
to an additional three peremptory challenges for every defendant after the
first, in capital cases,
but not exceeding twenty peremptory challenges to
each side;
(B) In all other cases where the punishment may be by imprisonment
in the correctional facilities operated by the department of corrections,
EACH
SIDE IS ENTITLED
to two additional peremptory challenges for every
defendant after the first, not exceeding fifteen peremptory challenges to
each side; and
(C) In all other cases,
EACH SIDE IS ENTITLED to one additional
peremptory challenge for every defendant after the first, not exceeding ten
peremptory challenges to each side.
(II) In any case where there are multiple defendants, every
peremptory challenge shall be made and considered as the joint peremptory
challenge of all defendants.
(c) In case of the consolidation of any indictments, informations,
complaints, or summonses and complaints for trial, such
THE consolidated
cases shall be considered, for all purposes concerning peremptory
challenges, as though the defendants had been joined in the same
indictment, information, complaint, or summons and complaint.
(d) When trial is held on a plea of not guilty by reason of insanity,
the number of peremptory challenges shall be
IS the same as if trial were on
the issue of substantive guilt.
SECTION 3. Effective date. This act takes effect only if House
Concurrent Resolution 24-1002 is approved by the people at the next
general election, in which case this act takes effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 3-HOUSE BILL 24-1225 SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 24-1225