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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 and Sixth Amendments require a jury to decide facts that increase a defendant’s sentence beyond the statutory baseline. Senior Assistant Attorney General Brian Lani and Assistant Solicitor General Joseph Michaels of the Colorado Attorney General’s Office testified in support, characterizing the measure as a procedural fix that clarifies statewide practice and ensures defendants’ constitutional rights. They said the amended statute would be more protective of defendants than the Supreme Court decision by requiring juries to find both the existence and separateness of prior convictions.
Witnesses said the vast majority of habitual cases would likely use the same jury as the underlying trial; a second jury would be required only in certain circumstances described in the fiscal note (for example, mistrial during the habitual proceeding or appellate reversal). Committee members asked no substantive questions during the hearing.
Sponsors asked for and received a favorable recommendation; Representative Sober moved the bill to appropriations with a second, and the roll call recorded an 11-0 vote.
Votes at a glance: SB 189 — Motion: move to appropriations with a favorable recommendation; Mover: sponsor; Second: (recorded); Vote: 11 yes, 0 no; Outcome: passed to appropriations.
