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Judiciary committee narrows habitual-offender language, advances SB 189 to appropriations with 6-1 vote
Summary
The Colorado Senate Judiciary Committee adopted two amendments to clarify procedures for habitual-offender determinations and forwarded Senate Bill 189 to the Appropriations Committee on a 6–1 vote after debate about due-process and evidentiary protections.
The Senate Judiciary Committee on (date not specified) adopted two amendments to Senate Bill 189 that remove a contested statutory subsection and change how habitual-offender determinations are characterized, and then moved the bill to the Committee on Appropriations with a favorable recommendation on a 6–1 vote.
Supporters said the amendments strike a provision requested by stakeholders and reframe a contested procedural term to avoid triggering unnecessary evidentiary rules. Senator Snyder urged passage, saying the committee should put the compromise before the courts: “So I would ask for an aye vote on L001.”
Committee members debated whether the new language would adequately protect defendants’ rights and whether the changes matched the Colorado Supreme Court’s recent work on related sentencing issues. One committee member summarized the compromise as an effort to give defendants a fair opportunity to contest habitual status while avoiding the procedural consequences that using the word “trial” would trigger. Another member said the group remains concerned about the broader habitual-statute architecture and looks to future legislative work on sentencing.
Two floor amendments were adopted during the hearing. Amendment L001 was adopted without recorded opposition in committee. Amendment L002, which removes a specific subsection (described by sponsors as striking “paren 6” on page 4 of the bill), was then adopted after sponsor explanation and committee discussion.
After the amendment phase, the vice chair moved Senate Bill 189, as amended, to the Committee on Appropriations with a favorable recommendation. The clerk called the roll and the committee recorded the bill as passing on a vote of 6 to 1; the committee chair announced the tally as reported by the clerk.
The committee did not change or vote on sentencing maxima or other substantive portions of the habitual statute during this session; sponsors and members repeatedly said the changes before them were procedural and intended to respond to recent court developments and stakeholder requests. The committee also noted a pending Colorado Supreme Court decision that could affect how the statute is interpreted, and several members said legislative follow-up may be necessary depending on that ruling.
The committee's action sends SB 189 to the Appropriations Committee for further consideration.
