Bill > SB189

This bill modifies Colorado law regarding how a defendant's prior felony convictions are determined during criminal proceedings. Previously, a judge would conduct a separate sentencing hearing to determine prior convictions, but now the bill requires a jury to conduct a "habitual proceeding" to determine whether the defendant has prior felony convictions. The jury will decide whether the prior convictions were separately brought and tried, and whether they arose from separate criminal episodes. The bill ensures that the same jury that determines the defendant's guilt on the substantive offense will also decide on prior convictions, though a new jury may be impaneled if necessary. The full Colorado Rules of Evidence and Criminal Procedure, including discovery provisions, will apply to these habitual proceedings. The prosecuting attorney must prove beyond a reasonable doubt that the prior convictions exist and meet specific criteria. To support implementation of this new process, the bill includes an appropriation of $17,500 for the judicial department in the 2025-26 fiscal year to cover court costs, jury costs, court-appointed counsel, and potential reimbursements for vacated convictions. The bill will apply to habitual proceedings conducted on or after its effective date.

Budget and Finance, Justice

https://leg.colorado.gov/bills/sb25-189