SB 25-189 CO Became Law
Require Jury to Determine Prior Convictions
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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.)
Sponsors (4)
- Larry Liston Republican · primary
- Marc Snyder Democratic · primary
- Matt Soper Republican · primary
- Cecelia Espenoza Democratic · primary
4 coauthors / cosponsors
- M. Carter Democratic · cosponsor
- M. Duran Democratic · cosponsor
- M. Froelich Democratic · cosponsor
- S. Woodrow Democratic · cosponsor
Action history (16)
- Jun 2, 2025 Governor Signed · executive
- May 12, 2025 Signed by the Speaker of the House · lower
- May 12, 2025 Sent to the Governor · executive
- May 12, 2025 Signed by the President of the Senate · upper
- May 5, 2025 House Third Reading Passed - No Amendments · lower
- May 3, 2025 House Second Reading Special Order - Passed - No Amendments · lower
- May 3, 2025 House Committee on Appropriations Refer Unamended to House Committee of the Whole · lower
- Apr 30, 2025 House Committee on Judiciary Refer Unamended to Appropriations · lower
- Apr 17, 2025 Introduced In House - Assigned to Judiciary · lower
- Apr 17, 2025 Senate Third Reading Passed - No Amendments · upper
- Apr 16, 2025 Senate Third Reading Laid Over Daily - No Amendments · upper
- Apr 15, 2025 Senate Second Reading Passed with Amendments - Committee, Floor · upper
- Apr 11, 2025 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole · upper
- Mar 26, 2025 Senate Committee on Judiciary Refer Amended to Appropriations · upper
- Mar 17, 2025 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed · upper
- Mar 3, 2025 Introduced In Senate - Assigned to Judiciary · upper
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