First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0484.01 Conrad Imel x2313
SENATE BILL 25-189
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING REQUIRING A JURY TO DETERMINE WHETHER A101
DEFENDANT HAS PRIOR QUALIFYING CONVICTIONS .102
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
SENATE SPONSORSHIP
Liston and Snyder,
HOUSE SPONSORSHIP
Soper and Espenoza,
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. purpose of determining whether the defendant is a habitual criminal.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-1.3-803, amend2
(1), (4) introductory portion, (4)(b), (5)(b), and (6) as follows:3
18-1.3-803. Verdict of jury. (1) If the allegation of previous4
convictions of other felony offenses is included in an indictment or5
information and if a verdict of guilty of the substantive offense with6
which the defendant is charged is returned, the court shall conduct a7
separate sentencing hearing
FOR A JURY to determine whether or not the8
defendant has suffered such
THE ALLEGED previous felony convictions.9
As soon as practicable, the hearing shall be conducted by the judge who10
presided at trial or before whom the guilty plea was entered or a11
replacement for said judge in the event he or she dies, resigns, is12
incapacitated, or is otherwise disqualified as provided in section13
16-6-201, C.R.S. THE COURT SHALL HOLD THE HEARING AS SOON AS14
PRACTICABLE. IF PRACTICABLE, THE HEARING MUST BE CONDUCTED15
BEFORE THE SAME JURY IMPANELED TO TRY THE SUBSTANTIVE OFFENSE .16
I
F THAT JURY HAS BEEN DISCHARGED, THE COURT SHALL IMPANEL A NEW17
JURY FOR THE PURPOSE OF DECIDING ANY OUTSTANDING ISSUES18
REGARDING WHETHER THE DEFENDANT HAS BEEN PREVIOUSLY C ONVICTED19
AS ALLEGED.20
(4) If the defendant denies that he or she has
THEY HAVE been21
previously convicted as alleged in any count of an information or22
indictment, the trial judge, or a replacement judge as provided in23
subsection (1) of this section, A JURY shall determine by separate hearing24
and verdict whether the defendant has been convicted as alleged. The25
SB25-189-2- procedure in any case in which the defendant does not become a witness1
in his or her own behalf upon the trial of the substantive offense shall be2
IS as follows:3
(b) If the verdict is that the defendant is guilty of the substantive4
offense charged, the trial judge, or a replacement judge as provided in5
subsection (1) of this section, shall proceed to try A JURY SHALL TRY the6
issues of whether the defendant has been previously convicted as alleged.7
The prosecuting attorney has the burden of proving beyond a reasonable8
doubt that the defendant has been previously convicted as alleged.9
(5) (b) If, upon the trial of the issues upon the substantive offense10
charged, the defendant testifies in his or her own defense and, after11
having denied the previous conviction under subsection (3) of this12
section, THE PROSECUTING ATTORNEY PRESENTS REBUTTAL EVIDENCE13
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION OR THE DEFENDANT14
admits that he or she THE DEFENDANT has been previously convicted as15
alleged, the trial judge, or a replacement judge as provided in subsection16
(1) of this section, shall, in any sentencing hearing, consider any17
admissions of prior convictions elicited from the defendant in connection18
with his or her testimony on the substantive offense only as they affect the19
defendant's credibility. In any sentencing hearing, the prosecution shall20
be required to meet its burden of proving beyond a reasonable doubt the21
defendant's prior convictions by evidence independent of the defendant's22
testimony THE PRESENTATION OR ADMISSION DOES NOT RELIEVE THE23
PROSECUTING ATTORNEY OF THE BURDEN TO PROVE BEYOND A24
REASONABLE DOUBT THAT THE DEFENDANT HAS BEEN PREVIOUSLY25
CONVICTED AS ALLEGED AT A SUBSEQUENT SENTENCING HEARING . IF THE26
SAME JURY THAT HEARD THE DEFENDANT 'S ADMISSION TO BEING27
SB25-189
-3- PREVIOUSLY CONVICTED AS ALLEGED DURING THE TRIAL ON THE1
SUBSTANTIVE OFFENSE IS DETERMINING WHETHER THE DEFENDANT WAS2
PREVIOUSLY CONVICTED, THE COURT SHALL INSTRUCT THE JURY THAT IT3
MAY CONSIDER THE ADMISSION ONLY AS IT AFFECTS THE DEFENDANT 'S4
CREDIBILITY AND THAT THE PROSECUTING ATTORNEY MUST PROVE5
BEYOND A REASONABLE DOUBT THE DEFENDANT 'S PRIOR CONVICTIONS BY6
EVIDENCE INDEPENDENT OF THE ADMISSION .7
(6) If the prosecuting attorney does not have any information8
indicating that the defendant has been previously convicted of a felony9
prior to the time a verdict of guilty is rendered on a felony charge and if10
thereafter the prosecuting attorney learns of the felony conviction prior11
to the time that sentence is pronounced by the court, he or she THE12
PROSECUTING ATTORNEY may file a new information in which it shall be13
alleged THAT ALLEGES in separate counts that the defendant has been14
convicted of the particular offense upon which judgment has not been15
entered and that prior thereto at a specified date and place the defendant16
has been convicted of a felony warranting application of increased17
penalties authorized in this section and sections 18-1.3-801 and18
18-1.3-802. T
HE COURT SHALL ARRAIGN the defendant shall be arraigned
19
upon the new information, and, if the defendant denies the previous20
conviction, the trial judge or a replacement judge as provided in21
subsection (1) of this section, shall IMPANEL A JURY TO try the issue prior22
to imposition of sentence.23
SECTION 2. Applicability. This act applies to sentencing24
hearings on or after the effective date of this act.25
SECTION 3. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
SB25-189
-4- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
SB25-189
-5-