First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0484.01 Conrad Imel x2313
SENATE BILL 25-189
Senate Committees House Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING REQUIRING A JURY TO DETERMINE WHETHER A101
DEFENDANT HAS PRIOR QUALIFYING CONVICTIONS , AND, IN
102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
SENATE
3rd Reading Unamended
April 17, 2025
SENATE
Amended 2nd Reading
April 15, 2025
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. whether the defendant has been previously convicted as alleged for the
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), and (5)(b); and repeal (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 HABITUAL PROCEEDING FOR A JURY to8
determine whether or not the defendant has suffered such THE ALLEGED9
previous felony convictions, As soon as practicable, the hearing shall be10
conducted by the judge who presided at trial or before whom the guilty11
plea was entered or a replacement for said judge in the event he or she12
dies, resigns, is incapacitated, or is otherwise disqualified as provided in13
section 16-6-201, C.R.S. WHETHER THE CONVICTIONS WERE SEPARATELY14
BROUGHT AND TRIED, AND WHETHER THE CONVICTIONS AROSE OUT OF15
SEPARATE AND DISTINCT CRIMINAL EPISODES. THE HABITUAL PROCEEDING16
MUST BE CONDUCTED BEFORE THE SAME JURY IMPANELED TO TRY THE17
SUBSTANTIVE OFFENSE; EXCEPT THAT, WHEN NECESSARY AND AS18
CONSTITUTIONALLY PERMISSIBLE , A NEW JURY MAY BE IMPANELED. IF A19
NEW JURY IS IMPANELED THE COURT SHALL HOLD THE HABITUAL20
PROCEEDING AS SOON AS PRACTICABLE . THE COLORADO RULES OF21
EVIDENCE AND COLORADO RULES OF CRIMINAL PROCEDURE , INCLUDING22
THE DISCOVERY PROVISIONS OF COLORADO RULE OF CRIMINAL PROCEDURE23
16,
FULLY APPLY TO HABITUAL PROCEEDINGS CONDUCTED PURSUANT TO
24
THIS SECTION.25
189-2- (4) If the defendant denies that he or she has THEY HAVE been1
previously convicted as alleged in any count of an information or2
indictment, the trial judge, or a replacement judge as provided in3
subsection (1) of this section, A JURY shall determine by separate hearing4
HABITUAL PROCEEDING and verdict whether the defendant has been5
convicted as alleged,
WHETHER THE CONVICTIONS WERE SEPARATELY
6
BROUGHT AND TRIED, AND WHETHER THE C ONVICTIONS AROSE OUT OF7
SEPARATE AND DISTINCT CRIMINAL EPISODES . The procedure in any case8
in which the defendant does not become a witness in his or her own9
behalf upon the trial of the substantive offense shall be IS as follows:10
(b) If the verdict is that the defendant is guilty of the substantive11
offense charged, the trial judge, or a replacement judge as provided in12
subsection (1) of this section, shall proceed to try A JURY SHALL TRY the13
issues of whether the defendant has been previously convicted as alleged.14
The prosecuting attorney has the burden of proving beyond a reasonable15
doubt that the defendant has been previously convicted as alleged,
THE
16
CONVICTIONS WERE SEPARATELY BROUGHT AND TRIED , AND THE17
CONVICTIONS AROSE OUT OF SEPARATE AND DISTINCT CRIMINAL EPISODES .18
(5) (b) If, upon the trial of the issues upon the substantive offense19
charged, the defendant testifies in his or her own defense and, after20
having denied the previous conviction under subsection (3) of this21
section, THE PROSECUTING ATTORNEY PRESENTS REBUTTAL EVIDENCE22
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION OR THE DEFENDANT23
admits that he or she THE DEFENDANT has been previously convicted as24
alleged, the trial judge, or a replacement judge as provided in subsection25
(1) of this section, shall, in any sentencing hearing, consider any26
admissions of prior convictions elicited from the defendant in connection27
189
-3- with his or her testimony on the substantive offense only as they affect the1
defendant's credibility. In any sentencing hearing, the prosecution shall2
be required to meet its burden of proving beyond a reasonable doubt the3
defendant's prior convictions by evidence independent of the defendant's4
testimony THE PRESENTATION OR ADMISSION DOES NOT RELIEVE THE5
PROSECUTING ATTORNEY OF THE BURDEN TO PROVE BEYOND A6
REASONABLE DOUBT THAT THE DEFE NDANT HAS BEEN PREVIOUSLY7
CONVICTED AS ALLEGED, THE CONVICTIONS WERE SEPARATELY BROUGHT8
AND TRIED, AND THE CONVICTIONS AROSE OUT OF SEPARATE AND DISTINCT9
CRIMINAL EPISODES. IF, DURING THE TRIAL ON THE SUBSTANTIVE OFFENSE,10
THE JURY HAS HEARD THE DEFENDANT ADMIT A PREVIOUS CONVICTION , 11
THE COURT SHALL INSTRUCT THE JURY THAT IT MAY CONSIDER THE12
ADMISSION ONLY AS IT AFFECTS THE DEFENDANT 'S CREDIBILITY AND THAT13
THE PROSECUTING ATTORNEY MUST PROVE BEYOND A REAS ONABLE DOUBT14
THE DEFENDANT'S PRIOR CONVICTIONS BY EVIDENCE INDEPENDENT OF THE15
ADMISSION.16
(6) If the prosecuting attorney does not have any information17
indicating that the defendant has been previously convicted of a felony18
prior to the time a verdict of guilty is rendered on a felony charge and if19
thereafter the prosecuting attorney learns of the felony conviction prior20
to the time that sentence is pronounced by the court, he or she may file a21
new information in which it shall be alleged in separate counts that the22
defendant has been convicted of the particular offense upon which23
judgment has not been entered and that prior thereto at a specified date24
and place the defendant has been convicted of a felony warranting25
application of increased penalties authorized in this section and sections26
18-1.3-801 and 18-1.3-802. The defendant shall be arraigned upon the27
189
-4- new information, and, if the defendant denies the previous conviction, the1
trial judge, or a replacement judge as provided in subsection (1) of this2
section, shall try the issue prior to imposition of sentence.3
SECTION 2. Appropriation. For the 2025-26 state fiscal year,4
$17,500 is appropriated to the judicial department for use by trial courts.5
This appropriation is from the general fund. To implement this act, the6
courts may use this appropriation for court costs, jury costs,7
court-appointed counsel, and reimbursements for vacated convictions.8
SECTION 3. Applicability. This act applies to habitual9
proceedings on or after the effective date of this act.10
SECTION 4. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
189
-5-