SB 25-189 Colorado Senate · 2025 Regular Session

Require Jury to Determine Prior Convictions

Summary
Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. The act requires a jury, in a habitual proceeding that is separate from the trial of the charged substantive offense and for the purpose of determining whether the defendant is a habitual criminal, to determine whether the defendant has been previously convicted as alleged, whether the convictions were separately brought and tried, and whether the convictions arose out of separate and distinct criminal episodes. The habitual proceeding must be conducted before the same jury impaneled to try the substantive offense; except that, when necessary and as constitutionally permissible, a new jury may be impaneled. If a new jury is impaneled, the court shall hold the habitual proceeding as soon as practicable. The act repeals the process for a judge to try the issue of whether a person is a habitual offender when the prosecuting attorney learns of a prior felony conviction after a guilty verdict but prior to the person being sentenced. The act appropriates $17,500 from the general fund to the judicial department for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions. (Note: This summary applies to this bill as enacted.)
Sub-Topics: Sentencing Judges
Bill status signed all 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
Senate Passage
Apr 2025
House Passage
May 2025
Signed into Law
Jun 2025
Introduced Mar 3, 2025 Signed Jun 2, 2025
Maddy AI version diff · 8 comparisons

What changed between versions

PA1 (03/27/2025) → PA2 (04/11/2025) · 2 edits
MINOR
The bill was amended to clarify that a jury must determine whether a defendant has prior qualifying convictions, specifically for the purpose of establishing habitual criminal status. The amendment also adds language authorizing an appropriation of funds to support this process.
Scope change
The bill's scope was expanded to explicitly include jury determination of prior convictions for habitual criminal classification, and it now includes funding provisions.
REQUIREMENT

Added language clarifying that the jury must determine if a defendant has prior qualifying convictions for habitual criminal status.

FISCAL

Added language authorizing an appropriation of funds to support the implementation of the jury determination process.

Floor votes · Senate Apr 17, 2025 · House May 5, 2025

How they voted

31–3
Passed
Total votes 34
Apr 17, 2025
D Democratic22
19 Yea 3 Nay
86% Yea
R Republican12
12 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
5
Committee
4
Jun 2, 2025
Signed into law
Governor Signed
executive
May 5, 2025
Lower · Passed
House Third Reading Passed - No Amendments
lower
May 3, 2025
Lower · Passed
House Committee on Appropriations Refer Unamended to House Committee of the Whole
lower
Apr 30, 2025
Committee
House Committee on Judiciary Refer Unamended to Appropriations
lower
Apr 17, 2025
Introduced
Introduced In House - Assigned to Judiciary
lower
Apr 17, 2025
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Apr 11, 2025
Upper · Passed
Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
upper
Mar 26, 2025
Committee
Senate Committee on Judiciary Refer Amended to Appropriations
upper
Mar 3, 2025
Introduced
Introduced In Senate - Assigned to Judiciary
upper
4 primary · 4 co-sponsors

Sponsors