SB 25-189
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
SB 25-189: REQUIRE JURY TO DETERMINE PRIOR CONVICTIONS
Prime Sponsors:
Sen. Liston; Snyder
Rep. Soper; Espenoza
Published for: Senate Judiciary
Drafting number: LLS 25-0484
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: Initial Fiscal Note
Date: March 11, 2025
Fiscal note status: The fiscal note reflects the introduced bill.
Summary Information
Overview. The bill requires juries, instead of a judge, to determine habitual criminal status.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
State Expenditures Local Government
Appropriations. For FY 2025-26, the bill requires an appropriation of $17,500 to the Judicial Department.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures (General Fund) $17,500 $17,500
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
Page 2
March 11, 2025 SB 25-189
Summary of Legislation
Under current law, a judge conducts a hearing to determine if a defendant qualifies as a habitual
criminal and requires an enhanced sentence. The bill requires this hearing to be in front of a jury
and for the jury to make the determination on whether the defendant qualifies as a habitual
criminal.
State Expenditures
Starting in FY 2025-26, the bill increases state expenditures by an estimated $17,500 per year to
pay jurors for the additional time to determine habitual criminal status. The bill also increases
workload to the trial courts and offices that represent indigent offenders.
Jury Per-Diem Reimbursements
According to the Judicial Department, there were an average of 18 cases per year in the last
three years where a jury convicted a defendant of a habitual criminal charge, with trials typically
ranging between 5 to 7 days in length. Jurors receive per diem of $50 beginning on their
fourth day of service, and there are 14 jurors per case. Assuming the average caseload, and that
90 percent of cases will retain the same jury panel to make this determination, while 10 percent
will require a new jury panel that would not require per-diem (since they wouldn’t reach the
3-day requirement for per-diem), this results in additional juror per diems estimated at $11,200.
Additionally, the bill is expected to create a minimal increase in jury trials. According to the
Judicial Department, there were an average of 332 cases per year in the last three years where a
defendant was found guilty of a habitual criminal charge that was not resolved by a jury.
Assuming 1 percent of these cases, or 3 cases per year, would go to a jury trial, and assuming
jury trials take six days—three of which are paid, this results in an additional juror per diems
estimated at $6,300.
Courtroom Workload
Starting in FY 2025-26, the bill increases workload in the trial courts. Due to the low number of
cases, this is anticipated to result in a total of 0.1 FTE including a magistrate and support staff,
which is below the department’s 0.3 FTE absorbability threshold and can be accomplished within
existing resources.
Offices Representing Indigent Offenders
Similar to the courts, offices that represent indigent offenders will have increase workloads to
attend longer hearings and potentially more jury trials. No change in appropriations is required. Page 3
March 11, 2025 SB 25-189
Local Government
Similar to the state the bill increases workload district attorney offices to attend longer hearings
and potentially more jury trials. Due to the low number of cases, the fiscal note assumes any
workload increase is minimal. District attorney offices are funded at the county level.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature, and applies to any sentencing hearings on or after this date.
State Appropriations
For FY 2025-26, the bill requires a General Fund appropriation of $17,500 to the Judicial
Department.
State and Local Government Contacts
District Attorneys
Judicial
Law
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.