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Committee advances bill requiring jury determinations in habitual-offender proceedings after U.S. Supreme Court ruling
Summary
Senate Bill 189 would align Colorado’s habitual-offender statutory procedure with a recent U.S. Supreme Court decision by requiring a jury — not a judge — to decide alleged prior convictions and related factual questions; the committee advanced the bill 11-0 after Department of Law testimony.
Senate Bill 189 would amend Colorado’s habitual-offender statute to require a jury, rather than a judge, to determine the existence of prior convictions and related facts in habitual-sentencing proceedings. The House Judiciary Committee voted 11-0 to advance the bill to appropriations.
Sponsors said the bill implements a U.S. Supreme Court decision (referred to in testimony as Erlanger v. United States) that holds the Fifth…
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