[{"_1":2,"_112":-5,"_113":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6120731,"mediaKeyId","2706234-acd397b46d2de336a99ff09ad749e7d7","parentId",2706234,"title","Sponsors seek procedural fix to make jury decide habitual-offender findings after U.S. Supreme Court ruling","audioSeconds",2207,"startMs",7113150,"endMs",9320165,"viewUrl","/Search/View?dp=1&key=2706234-acd397b46d2de336a99ff09ad749e7d7&start=7113&end=9320","thumbnailUrl","https://assets.pipeline.soar.com/2706234-acd397b46d2de336a99ff09ad749e7d7/thumbnail_7113150.jpg","articleUrl","/articles/6120731/Colorado/Sponsors-seek-procedural-fix-to-make-jury-decide-habitual-offender-findings-after-US-Supreme-Court-ruling","mediaUrl","https://secure.pipeline.soar.com/6120731-dbd1eda5180cd7890519ec51ee3e91d3/orig.mp4?Expires=1774993240&Signature=o5Qsw9Iiwjo1UYglUPX7Wp79caPqpwzkQv5bWbl6y7TKoD3gpL8dDSR5O43QAk~l710Px49iyP0W0WHVpsVtFh5oUN-qHAMuOVSxP~gsxq1sC6qxeiuad3-uH-AdjueWABHlVcgao0OPJxvis9PTSdjDnsF3gh9TbjBugFkmSDrJ4Sz~KD9K2RZz1EmhVRKK-t~tU5-vOJFQMdKjkUG5OHCNJWuZEOyAG4A~bRtxcRsAD0iTSAAWRZp-FssCub5o3ZVkeFcjVJheah0NrrKg4j32qo6sPT8xO4Z4RAO3j3NIeR8uaWI8P106Yt6MdEHFZrIQk2U6FOyREwwp4aZ~MA__&Key-Pair-Id=KUT5TJCACFTXG","author","Colorado Legislature","date","2025-03-17T00:00:00Z","article","Senators introduced a procedural change to Colorado law Monday intended to conform habitual-offender proceedings to a recent U.S. Supreme Court decision. Sponsors said Senate Bill 189 would require juries to decide whether a defendant’s prior convictions qualify for enhanced habitual sentences in cases where the question depends on factual findings beyond the mere existence of prior convictions.

\"The Supreme Court held that the Fifth and Sixth Amendments require a jury finding to determine whether defendants' prior offenses were committed on separate occasions,\" sponsor Senator Snyder said, referring to the U.S. Supreme Court’s recent Erlanger decision. \"This is a technical change that is needed to comply with case law.\"

Supporters, including the state Attorney General’s office, described SB189 as a narrowly tailored, procedural fix to ensure trial courts' procedures work with constitutional requirements. \"The amended statute would expressly recognize a defendant's constitutional right to have this question decided by a jury,\" an Attorney General appellate attorney said.

Defenders and the Colorado Criminal Defense Bar said they support the jury-right at issue but oppose the broader habitual-offender framework. Witnesses gave examples of what they called extreme and disproportionate habitual sentences: one attorney described a client who received a 64-year mandatory term after prior misdemeanor-era convictions and said judges are often forced to impose multidecade sentences regardless of individual circumstances.

The Office of the State Public Defender and defense groups urged larger statutory reforms to habitual sentencing, citing racial disparity and long mandatory sentences in some cases, and asked the sponsor to consider broader changes. Public defender representatives and defense bar witnesses said that if the legislature keeps the habitual scheme, it should also reduce the mandatory terms and restore judicial discretion.

Sponsors asked to lay the bill over for one week to allow technical amendments; the committee granted the request and will consider the measure again on March 24.","mediaType","Video","parentTitle","Senate Judiciary Mar 17, 2025","oneSentenceSummary","Senate sponsors introduced a procedural amendment to require juries, rather than judges, to decide habitual-offender findings that require factual determinations — a response to the U.S. Supreme Court's recent Erlanger ruling.","taxTitle","2025 Legislature CO, Colorado","taxId",77676,"location","Colorado","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6120734,"Senate committee adopts rule to presume state laws do not apply on tribal lands",1070,5954889,7024970,"/Search/View?dp=1&key=2706234-acd397b46d2de336a99ff09ad749e7d7&start=5954&end=7024","https://assets.pipeline.soar.com/2706234-acd397b46d2de336a99ff09ad749e7d7/thumbnail_5954889.jpg","/articles/6120734/Colorado/Senate-committee-adopts-rule-to-presume-state-laws-do-not-apply-on-tribal-lands","https://secure.pipeline.soar.com/6120734-27755c046db59a5d487ead9de4a1b7d3/orig.mp4?Expires=1774993240&Signature=esTnpuTRz9wUhwSCoBMNLF2ynBGYf~rMJYLuE6l68i8OeD0Q5CrOzdUf11c7DpU7Rkhsfi1MiepXAysmkIKDYCz6lYZRy3lV1BeHYmGgVyGSIba24VL5A3XalRHPBp-F-H-7aPWaHzwIpEO06NKiDHmwV551Jv3um3xZswKk9WvNmIFVjvyP6bHGLSVkHkTS9kvHKn3AxQ89i-7b4tKLRrKfU6Naaz~ZJy3sWYDyFwUnB9b4poZabfS48zNeo2BunkcLOYPpek2G4K8P3PMhiVr6U0orB81fiFIE6x18F5~~FKfocoCgCPX0ch8o3Ft0yxcsCZ16SOHvlrePU1EGFQ__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee unanimously approved Senate Bill 61 on Monday, a measure that would establish a presumption in state law: when the state enacts a law that purports to apply statewide, the law is presumed not to apply to tribal governments or tribally controlled entities for actions on tribal lands unless the statute expressly says otherwise.

Vice Chairman Marvin Pinnikus of the Southern Ute Indian Tribe and other tribal leaders told the committee the change would reduce repeated, bill-by-bill negotiations and help avoid confusion about jurisdiction. \"This bill does not change jurisdiction within our reservation boundaries. It does not change jurisdiction in the state outside our reservation. It merely establishes a presumptive rule of construction that reflects well established principles of federal Indian law,\" Pinnikus said.

Senator Simpson, sponsor of SB61, said the measure was crafted following Tribal consultation and work with La Plata County and counsel for both Colorado tribes. The bill initially focused on the Southern Ute reservation in La Plata County; sponsors and tribal counsel worked to craft narrowly focused language and add two amendments (L1 and L2) to clarify definitions and the rule of construction.

Supporters said the proposal improves legislative clarity and respects tribal sovereignty without changing criminal or civil jurisdiction. \"This bill is a direct reflection of that consideration,\" Pinnikus added, asking lawmakers to adopt the agreed language.

The committee adopted both L1 and L2 and voted 7-0 to advance SB61; sponsors asked that the bill be placed on the consent calendar for the Senate.","Senate Bill 61 establishes a statutory rule of construction saying state laws presumptively do not apply to tribes or tribally controlled entities on tribal lands unless expressly stated. The committee adopted agreed amendments and unanimously advanced the bill.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6120740,"Committee backs bill to recognize tribal warrants and commitment orders across jurisdictions",1652,4203620,5856085,"/Search/View?dp=1&key=2706234-acd397b46d2de336a99ff09ad749e7d7&start=4203&end=5856","https://assets.pipeline.soar.com/2706234-acd397b46d2de336a99ff09ad749e7d7/thumbnail_4203620.jpg","/articles/6120740/Colorado/Committee-backs-bill-to-recognize-tribal-warrants-and-commitment-orders-across-jurisdictions","https://secure.pipeline.soar.com/6120740-066dc1369e04cba0f676e204bb3d6cde/orig.mp4?Expires=1774993240&Signature=Hx~g6ncOs5StcSRFv8J1o2XQKuBAEL679ifFe62W~R57IDcXug6z2zGY3Tm39TSfMf7ZFyKD4AwSlBeX6TGJ4sTq3YkUbS6QHdmKw3-Byf6VCsnVrs~fXBY0Lstfi1sj1NEN~vzTphntErgW5P9yu47w5-3vefkZ6eSMt5O1HR-ticSdPTkAQjExAncOCcaG0K-T--~q5oKqNyEJc-f0hKGZ9TsRUwCi9~rNNKmM4iBcTRftf7aKT3I8If3mlYHAdQsl9uXm~oyJ2OwCoMdK1IhWciWW7c10hYjU2sdKV1VCJ4E1fksDq2PHNY2ToI56F8VUa5XOCwCKCWSf~VOf3A__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee on Monday advanced Senate Bill 9, a bill intended to improve cooperation between Colorado law enforcement and tribal nations by requiring state agencies and local law enforcement to recognize and, where appropriate, act on tribal arrest warrants and civil commitment orders.

\"This bill solves a problem that has existed for decades,\" Marvin Pinnikus, vice chairman of the Southern Ute Indian Tribe, told the committee. \"A state court should recognize arrest warrants and commitment orders from tribal courts. To be a better state, to be truly efficient, a state court should recognize arrest warrants and commitment orders from tribal courts.\"

Sponsor Senator Roberts said the measure — including an L003 amendment expanding coverage to federally recognized tribes beyond those whose lands lie within Colorado — grew from work of the American Indian Affairs interim study and requests from tribal leaders and law enforcement. The amended measure applies to orders issued by tribes on the federally recognized Indian tribe list and directs state officers who take custody of a person with such an order to notify the originating tribal jurisdiction and allow the tribe an opportunity to take custody.

The League of Women Voters of Colorado supported the bill, citing collaboration and public-safety goals. Law enforcement groups including the Colorado Association of Chiefs of Police offered an \"amend and support\" position, welcoming changes that narrowed the bill’s scope or clarified processes but asking the committee to reconsider nationwide scope — recommending the bill limit recognition to tribes with jurisdictional ties to Colorado.

Sponsors and tribal witnesses said the change is primarily a public-safety measure that respects tribal sovereignty and provides a clear process for extradition or transfer for treatment following civil commitment orders. \"It demonstrates both the tribe and the state are deeply committed to our most basic obligation, which is to keep all of our people safe,\" Vice Chairman Pinnikus said.

After debate and agreement on language, the committee adopted the amendment expanding coverage to federally recognized tribes and unanimously approved the bill; sponsors asked that the measure be placed on the consent calendar for the full Senate.

Votes at a glance: Senate Bill 9 — amendment L003 adopted; bill passed committee 7-0 and placed on consent calendar.","Senate Bill 9 would require Colorado law enforcement to notify and, where appropriate, honor arrest warrants and civil commitment orders issued by federally recognized tribal courts. The Senate Judiciary Committee advanced the measure unanimously after sponsors and tribal leaders emphasized public-safety and government-to-government cooperation.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6120744,"Senate panel approves bill to restore homebuyer negligence claims after Appleby ruling",4045,111795,4157130,"/Search/View?dp=1&key=2706234-acd397b46d2de336a99ff09ad749e7d7&start=111&end=4157","https://assets.pipeline.soar.com/2706234-acd397b46d2de336a99ff09ad749e7d7/thumbnail_111795.jpg","/articles/6120744/Colorado/Senate-panel-approves-bill-to-restore-homebuyer-negligence-claims-after-Appleby-ruling","https://secure.pipeline.soar.com/6120744-412a7387668c062917cec8723c2acaa6/orig.mp4?Expires=1774993240&Signature=oRxJgouVzbL8-7-hGq16u~c54tHVlpdWP1pMoEZkg48KHkHRO-NnCVmki7beyjTsXxooe2pVuSj~G1x11es12K1~eMKyaSNlfajsqwQVnl--s3CVXsWtXLM8ZxINLpdgfWC33Y9t3b37qSsQICdFrxfvKl2ZHNRyNof3SWd4e4vU-JXxkA9C0iYCaGx6GNZ8AbRMio6Qn9SMNASW5UhnAftxTQbhywMMeQYZHaZT7vg8XYOD-ULL0yxSLX~IRbAXSzbNcuijznx~EAc9gSyMT~RVxCqAzHy85EzHBQHG30O8lYa4pP5-5~FjxjDHjwd5Po5C5BQyLizkBxHAbx~NKw__&Key-Pair-Id=KUT5TJCACFTXG","Senate Judiciary Committee members on Monday advanced Senate Bill 185, a proposal aimed at restoring homeowners’ ability to bring negligence claims against builders and other construction professionals. The committee passed the bill, as amended, by a 4-3 vote.

Supporters said the measure responds to an appellate opinion, Appleby, that they say has disrupted long-standing Colorado practice by restricting negligence claims by original homebuyers and leaving builders and some contractors without insurance coverage for those claims. \"Senate Bill 185 essentially confirms the status quo. It protects homeowners. It protects home builders by confirming that home builders owe original homeowners a duty to construct homes with reasonable care,\" attorney Shane Fleener told the committee.

The bill would clarify that the economic loss rule does not bar negligence claims by initial purchasers of new homes and would preserve affirmative defenses and indemnity pathways available in tort actions, sponsors said. \"The bill confirms these affirmative defenses are still available to construction professionals,\" sponsor Senator Rodriguez said during the hearing.

Engineers, architects and trade groups urged caution or opposed the bill, arguing it would raise liability and insurance costs and reduce the number of firms willing to take residential projects. \"As engineers, we already carry liability for our design. If this passes, buyers of new homes could sue us directly, bypassing these agreements,\" said Robbie Gammon, principal at Veil and Day Engineers and Builders. Nicholas Remus, an architect with the Colorado chapter of the American Institute of Architects, said the bill \"would drag architects and engineers unfairly into more lawsuits\" and increase fees.

Industry witnesses warned the change could push up project costs and reduce supply. An executive from an engineering firm said fees for residential projects are often small — \"around a third of 1% of the total project cost\" — and that exposing designers to unlimited liability could drive firms out of the market.

Proponents, including defense counsel for home builders, argued the bill restores settled Colorado Supreme Court precedent recognizing an independent duty of care in residential construction and cited statutes the legislature adopted in the 2000s to keep parties responsible for their own negligence. \"We hold that the economic loss rule has no application to the present case because subcontractors owe homeowners a duty of care independent of any contractual obligations,\" David McLean, a defense attorney, quoted from prior Colorado cases in urging support.

The committee adopted an L2 amendment offered by sponsors to revise wording after negotiations with stakeholders, then voted to advance the bill to the full Senate.

The measure drew repeated testimony that Appleby is an unpublished Court of Appeals opinion being cited in arbitration and litigation and that courts nationwide are wrestling with how to apply the economic loss rule after recent decisions. Lawmakers and witnesses differed on whether the change would ultimately raise housing costs or restore predictability to insurance markets.

If the bill clears the Senate it would return the question to statute and legislative policy rather than leave it governed by an unpublished appellate ruling.

Votes at a glance: Senate Bill 185 — amendment L2 adopted; bill advanced as amended (vote: 4 yes, 3 no).","The Senate Judiciary Committee voted 4-3 to advance Senate Bill 185, which would confirm that construction professionals owe an independent duty of care to original homebuyers — reversing the effect of a recent appellate decision known as Appleby that limited such claims and complicated insurance coverage for builders and designers.","actionData","errors"]

Article not found

Sponsors seek procedural fix to make jury decide habitual-offender findings after U.S. Supreme Court ruling

Senate committee adopts rule to presume state laws do not apply on tribal lands

Committee backs bill to recognize tribal warrants and commitment orders across jurisdictions

Senate panel approves bill to restore homebuyer negligence claims after Appleby ruling