reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › MISCELLANEOUS PROVISIONS (§§ 17-42-101 — 17-42-105) › Article 42 - MISCELLANEOUS PROVISIONS (§§ 17-42-101 — 17-42-105) › Section 17-42-102 - American Indians - freedom of worship - definitions

(1)
The general assembly hereby finds, determines, and declares that American Indian religions and religious beliefs predate the creation of the United States constitution; however, understanding of and respect for American Indian religious practices is not widespread among non-indigenous persons. The general assembly further finds that serious problems in the practice of religious freedom persist for the American Indian and particularly for American Indians who are incarcerated. Therefore, in order to protect this most basic freedom for American Indians who are incarcerated, traditional religious and ceremonial practices of American Indians should be permitted in correctional facilities to the extent that such practices do not impinge on the reasonable security interests of the correctional facilities to which such Indians are confined.
(2)
American Indians who are confined to a correctional facility as defined in section
17-1-102
and who practice an American Indian religion as defined in subsection (5) of this section shall have access on a regular basis to the following:
(a)
American Indian traditional spiritual leaders;
(b)
Items and materials utilized in religious ceremonies; and
(c)
American Indian religious facilities.
(3)
Access of American Indians to spiritual leaders, religious items and materials, and religious facilities shall be comparable to access to clergy, religious items and materials, and religious facilities which is afforded to inmates who practice Judeo-Christian religions.
(4)
The provisions of this section shall not be construed as requiring prison authorities to permit or prohibit access to peyote or American Indian religious sites.
(5)
For purposes of this section:
(a)
"American Indian" means an individual of aboriginal ancestry who is a member of an Indian tribe. "American Indian" includes any individual who is an Alaska native or any individual who is a native Hawaiian.
(b)
"American Indian religion" means any religion which is practiced by American Indians and the origin and interpretation of which is from a traditional American Indian culture or community.
(c)
"Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska native village as defined in the "Alaska Native Claims Settlement Act", federal Public Law 92-203, as amended, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(d)
"Native Hawaiian" means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the state of Hawaii.
L. 92: Entire article added, p. 251, § 1, effective May 26.
Subsections (5)(b), (5)(c), and (5)(d), as enacted by Senate Bill 92-197, were relettered on revision in 2004 to conform with statutory alphabetization format.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-101 - Citation of title 18

(1)
This title shall be known and may be cited as the "Colorado Criminal Code"; within this title, the "Colorado Criminal Code" is sometimes referred to as "this code".
(2)
The portion of any section, subsection, paragraph, or subparagraph contained in this code which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the "introductory portion" of the section, subsection, paragraph, or subparagraph.
L. 71: R&RE, p. 388, § 1. C.R.S. 1963: §
40-1-101
.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-102 - Purpose of code, statutory construction

(1)
This code shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely:
(a)
To define offenses, to define adequately the act and mental state which constitute each offense, to place limitations upon the condemnation of conduct as criminal when it is without fault, and to give fair warning to all persons concerning the nature of the conduct prohibited and the penalties authorized upon conviction;
(b)
To forbid the commission of offenses and to prevent their occurrence through the deterrent influence of the sentences authorized; to provide for the rehabilitation of those convicted and their punishment when required in the interests of public protection;
(c)
To differentiate on reasonable grounds between serious and minor offenses, and prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities as between individual offenders;
(d)
To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses and to identify certain minimum standards for criminal justice which, within the concept of due process of law, have the stature of substantive rights of persons accused of crime;
(e)
To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.
L. 71: R&RE, p. 388, § 1. C.R.S. 1963: §
40-1-102
. L. 2011: (1)(e) added, (HB 11 -1032), ch. 296, p. 1401, § 4, effective August 10.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-102.5 - Purposes of code with respect to sentencing

(1)
The purposes of this code with respect to sentencing are:
(a)
To punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense;
(b)
To assure the fair and consistent treatment of all convicted offenders by eliminating unjustified disparity in sentences, providing fair warning of the nature of the sentence to be imposed, and establishing fair procedures for the imposition of sentences;
(c)
To prevent crime and promote respect for the law by providing an effective deterrent to others likely to commit similar offenses;
(d)
To promote rehabilitation by encouraging correctional programs that elicit the voluntary cooperation and participation of convicted offenders;
(e)
To select a sentence, a sentence length, and a level of supervision that addresses the offender's individual characteristics and reduces the potential that the offender will engage in criminal conduct after completing his or her sentence; and
(f)
To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.
L. 79: Entire section added, p. 668, § 15, effective July 1. L. 2011: (1)(c) and (1)(d) amended and (1)(e) added, (HB 11-1180), ch. 96, p. 282, §1, effective August 10; (1)(c) and (1)(d) amended and (1)(f) added, (HB 11-1032), ch. 296, p. 1402, §5, effective August 10.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-103 - Scope and application of code

(1)
Except as otherwise expressly provided by sections
18-1.3-402
and
18-1.3-504
, or unless the context otherwise requires, the provisions of this code govern the construction of and punishment for any offense defined in any statute of this state, whether in this title or elsewhere, and which is committed on or after July 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.
(2)
Except as otherwise provided by section
18-1-410
, the provisions of this code do not apply to or govern the construction of, prosecution for, and punishment for any offense committed prior to July 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be tried and disposed of according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. All pending actions shall proceed to final disposition in the same manner as if this code had not been enacted.
(3)
The provisions of this code do not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this code makes punishable; and the civil injury is not merged in the offense.
L. 71: R&RE, p. 389, § 1. C.R.S. 1963: §
40-1-103
. L. 73: p. 533, § 1. L. 95: (3) amended, p. 16, § 8, effective March 9. L. 2002: (1) amended, p. 1509, § 176, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-104 - "Offense" defined - offenses classified - common-law crimes abolished

(1)
The terms "offense" and "crime" are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.
(2)
Each offense falls into one of nine classes, one of six drug offense levels, or one unclassified category. There are six classes of felonies as described in section
18-1.3-401
and four levels of drug felonies as described in section
18-1.3-401.5
, two classes of misdemeanors as described in section
18-1.3-501
and two levels of drug misdemeanors as described in section
18-1.3-501
, petty offenses as described in section
18-1.3-503
, civil infractions as described in section
18-1.3-503
, and the category of drug petty offense as described in section
18-1.3-501 (1)(e)
.
(3)
Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state, but this provision does not affect the power of a court to punish for contempt, or to employ any sanction authorized by law for the enforcement of an order lawfully entered, or a civil judgment or decree; nor does it affect the use of case law as an interpretive aid in the construction of the provisions of this code.
Amended by 2022 Ch. 68, § 16, eff. 3/1/2022.
Amended by 2021 Ch. 462, § 177, eff. 3/1/2022.
Amended by 2014 Ch. 391, § 5, eff. 6/6/2014.
L. 71: R&RE, p. 389, § 1. C.R.S. 1963: §
40-1-104
. L. 89: (2) amended, p. 829, § 39, effective July 1. L. 2002: (2) amended, p. 1510, § 177, effective October 1. L. 2014: (2) amended, (SB 14-163), ch. 1969, p. 1969, § 5, effective June 6. L. 2021:(2) amended, (SB 21-271), ch. 3166, p. 3166, § 177, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-106 - [Repealed]

L. 71: R&RE, p. 390, § 1. C.R.S. 1963: § 40-1-106. L. 79: Entire section amended, p. 700, § 70, effective July 1. L. 87: Entire section amended, p. 626, § 1, effective April 1. L. 88: (1) amended and (1.5) added, p. 717, § 3, effective July 1. L. 89: (1.5)(a) amended, p. 1643, § 4, effective June 5. L. 93: (1) amended and (3) added, pp. 55, 1984, §§ 20, 10, effective July 1. L. 97: (3)(b) amended, p. 1539, § 1, effective July 1; (1.5) amended, p. 1009, § 12, effective August 6. L. 98: IP(3)(b) amended and (3)(b)(V) added, p. 1231, § 1, effective July 1. L. 99: (3)(b)(I.5) added, p. 347, § 3, effective July 1. L. 2000: (3)(b)(I.5) and (3)(b)(II) amended, p. 703, § 26, effective July 1; (4) added, p. 1108, § 4, effective August 2; (5) added, p. 1049, § 13, effective September 1. L. 2001: (3)(b)(III) and (3)(b)(V) amended and (3)(b)(VI) added, p. 568, § 3, effective May 29; (6) added, p. 1010, § 2, effective July 1. L. 2002: (3)(b)(VI) amended, p. 1186, § 21, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.
This section was relocated to §
18-1.3-501
in 2002.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-107 - [Repealed]

L. 71: R&RE, p. 390, § 1. C.R.S. 1963: § 40-1-107. L. 73: p. 499, § 5. L. 79: Entire section amended, p. 700, § 71, effective July 1. L. 81: Entire section amended, p. 2025, § 17, July 14. L. 93: Entire section amended, p. 55, § 21, effective July 1. L. 2000: Entire section amended, p. 1049, § 14, effective September 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
This section was relocated to §
18-1.3-503
in 2002.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-108 - [Repealed]

L. 71: R&RE, p. 391, § 1. C.R.S. 1963: § 40-1-108. L. 76, Ex. Sess.: 10, § 1. L. 79: Entire section amended, p. 671, § 21, effective July 1. L. 93: Entire section amended, p. 1985, § 11, effective July 1. L. 2000: Entire section amended, p. 1050, § 15, effective September 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
This section was relocated to §
18-1.3-504
in 2002.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-109 - [Repealed]

L. 72: p. 268, § 5. C.R.S. 1963: § 40-1-109. L. 79: Entire section amended, p. 701, § 72, effective July 1. L. 85: Entire section amended, p. 657, § 6, effective July 1. L. 93: Entire section amended, p. 1985, § 12, effective July 1. L. 2000: Entire section amended, p. 1050, § 16, effective September 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
This section was relocated to §
18-1.3-505
in 2002.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 1 - PURPOSE AND SCOPE OF CODE - CLASSIFICATION OF OFFENSES (§§ 18-1-101 — 18-1-110) › Section 18-1-110 - [Repealed]

L. 89: Entire section added, p. 886, § 1, effective April 6. L. 97: (3) amended, p. 1571, § 5, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
This section was relocated to §
18-1.3-506
in 2002.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 2 - JURISDICTION AND PLACE OF TRIAL (§§ 18-1-201 — 18-1-202) › Section 18-1-201 - State jurisdiction

(1)
A person is subject to prosecution in this state for an offense which he commits, by his own conduct or that of another for which he is legally accountable, if:
(a)
The conduct constitutes an offense and is committed either wholly or partly within the state; or
(b)
The conduct outside the state constitutes an attempt, as defined by this code, to commit an offense within the state; or
(c)
The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state; or
(d)
The conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited under the laws of this state and such other jurisdiction.
(2)
An offense is committed partly within this state if conduct occurs in this state which is an element of an offense or if the result of conduct in this state is such an element. In homicide, the "result" is either the physical contact which causes death or the death itself; and if the body of a criminal homicide victim is found within the state, the death is presumed to have occurred within the state.
(3)
Whether an offender is in or outside of the state is immaterial to the commission of an offense based on an omission to perform a duty imposed by the law of this state.
L. 71: R&RE, p. 391, § 1. C.R.S. 1963: § 40-1-201.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 3 - WHEN PROSECUTION BARRED BY FORMER PROCEEDINGS (§§ 18-1-301 — 18-1-304) › Section 18-1-301 - Second trial barred by former prosecution for same offense

(1)
If a prosecution is for a violation of the same provision of law and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:
(a)
The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense even though the conviction is subsequently set aside.
(b)
The former prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated, and that necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.
(c)
The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction that has not been reversed or vacated, a verdict of guilty that has not been set aside and that is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two instances, failure to enter judgment must be for a reason other than a motion of the defendant.
(d)
The former prosecution was improperly terminated. Except as otherwise provided in subsection (2) of this section, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the jury is sworn if the case is tried by a jury or after the first prosecution witness is sworn if trial is by court following waiver of jury trial.
(2)
Termination is not improper under any of the following circumstances:
(a)
The defendant consents to the termination or waives his right to object to the termination. The defendant is deemed to have waived all objections to a termination of the trial unless his objections to the order of termination are made of record at the time of the entry thereof.
(b)
The trial court finds that:
(I)
The termination is necessary because it is physically impossible to proceed with the trial in conformity with the law; or
(II)
There is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law; or
(III)
Prejudicial conduct has occurred in or outside the courtroom making it unjust either to the defendant or to the state to proceed with the trial; or
(IV)
The jury is unable to agree upon a verdict; or
(V)
False statements of a juror on voir dire prevent a fair trial.
L. 71: R&RE, p. 396, § 1. C.R.S. 1963: § 40-1-401.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 3 - WHEN PROSECUTION BARRED BY FORMER PROCEEDINGS (§§ 18-1-301 — 18-1-304) › Section 18-1-302 - Second trial barred by former prosecution for different offense

(1)
Although a prosecution is for a violation of a different provision of law than a former prosecution or is based on different facts, it is barred by the former prosecution under the following circumstances:
(a)
The former prosecution resulted in an acquittal or a conviction as defined in section
18-1-301(1)(a) and (1)(c)
and the subsequent prosecution is for:
(I)
Any offense of which the defendant could have been convicted under the allegation of the complaint, information, or indictment of the first prosecution; or
(II)
The same conduct, unless the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of the offenses is intended to prevent a substantially different harm or evil or the second offense was not consummated when the former trial began.
(b)
The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense.
(c)
The former prosecution was improperly terminated, as improper termination is defined in section
18-1-301(1)(d) and (2)
, and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
L. 71: R&RE, p. 397, § 1. C.R.S. 1963: § 40-1-402.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 3 - WHEN PROSECUTION BARRED BY FORMER PROCEEDINGS (§§ 18-1-301 — 18-1-304) › Section 18-1-303 - Second trial barred by prosecution in another jurisdiction

(1)
If conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States, or another state, or of a municipality, a prosecution in any other of these jurisdictions is a bar to a subsequent prosecution in this state under either of the following circumstances:
(a)
The first prosecution resulted in a conviction or an acquittal as defined in section
18-1-301(1)(a) and (1)(c)
, and the subsequent prosecution is based on the same conduct, unless:
(I)
The offense for which the defendant was formerly convicted or acquitted requires proof of a fact not required by the offense for which he is subsequently prosecuted and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or
(II)
The second offense was not consummated when the former trial began.
(b)
The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the offense for which the defendant is subsequently prosecuted.
L. 71: R&RE, p. 397, § 1. C.R.S. 1963: § 40-1-403.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 3 - WHEN PROSECUTION BARRED BY FORMER PROCEEDINGS (§§ 18-1-301 — 18-1-304) › Section 18-1-304 - Former prosecution not a bar

(1)
A former prosecution is not a bar within the meaning of sections
18-1-301
to
18-1-303
, if the former prosecution:
(a)
Was before a court that lacked jurisdiction over the defendant or the offense; or
(b)
Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or
(c)
Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.
L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-404.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-401 - Purpose

It is the intent of this part 4 to confer upon every person accused of an offense the benefits arising from said part 4 as a matter of substantive right, in implementation of minimum standards of criminal justice within the concept of due process of law.
L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-501.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-402 - Presumption of innocence

Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.
L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-502.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-403 - Legal assistance and supporting services

All indigent persons who are charged with or held for the commission of a crime are entitled to legal representation and supporting services at state expense, to the extent and in the manner provided for in articles
1
and
2
of title
21
, C.R.S.
Amended by 2014 Ch. 302,§ 11, eff. 5/31/2014.
L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-503. L. 81: Entire section amended, p. 928, § 2, September 1. L. 96: Entire section amended, p. 1016, § 4, effective May 23. L. 2014: Entire section amended, (HB 14-1363), ch. 302, p. 1264, § 11, effective May 31.
For other provisions concerning legal counsel for the indigent, see § 16 of art. II, Colo. Const., and Crim. P. 44.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-404 - Preliminary hearing or waiver - dispositional hearing

(1)
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section
18-1.3-406
, or is a sexual offense under part 4 of article
3
of this title, shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. The procedure to be followed in asserting the right to a preliminary hearing, and the time within which demand therefor must be made, as well as the time within which the hearing, if demanded, shall be had, shall be as provided by rule of the supreme court of the state of Colorado. A failure to observe and substantially comply with such rule is a waiver of the right to a preliminary hearing.
(2)
(a)
No person accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony by direct information or felony complaint, except those which require mandatory sentencing or which are crimes of violence as defined in section
18-1.3-406
, or which are sexual offenses under part 4 of article
3
of this title, shall have the right to demand or receive a preliminary hearing; except that such person shall participate in a dispositional hearing for the purposes of case evaluation and potential resolution.
(b)
Any defendant accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony who is not otherwise entitled to a preliminary hearing pursuant to paragraph (a) of this subsection (2), may demand and shall receive a preliminary hearing within a reasonable time pursuant to subsection (1) of this section, if the defendant is in custody; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the defendant has been released from custody prior to the preliminary hearing.
Amended by 2014 Ch. 391,§ 6, eff. 6/6/2014.
L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-504. L. 98: Entire section amended, p. 1272, § 2, effective July 1. L. 2002: (1) and (2)(a) amended, p. 1510, § 178, effective October 1. L. 2014: Entire section amended, (SB 14-163), ch. 391, p. 1970, § 6, effective June 6.
(1) For the rule of the supreme court on preliminary hearings, see Crim. P. 5. (2) For the legislative declaration contained in the 2002 act amending subsections (1) and (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-406 - Right to jury trial

(1)
Except as otherwise provided in subsection (7) of this section, every person accused of a felony has the right to be tried by a jury of twelve whose verdict shall be unanimous. In matters involving misdemeanors, the accused is entitled to be tried by a jury of six. In matters involving petty offenses, the accused has the right to be tried by a jury under the terms and conditions of section
16-10-109
, C.R.S.
(2)
Except as to class 1 felonies, the person accused of a felony or misdemeanor may waive a trial by jury by express written instrument filed of record or by announcement in open court appearing of record.
(3)
A defendant may not withdraw a voluntary and knowing waiver of trial by jury as a matter of right, but the court, in its discretion, may permit withdrawal of the waiver prior to the commencement of the trial.
(4)
Except as to class 1 felonies, the defendant in any felony or misdemeanor case may, with the approval of the court, elect, at any time before the swearing in of the jury, or after the swearing in of the jury and before verdict, with the agreement of the district attorney and the approval of the court, to be tried by a number of jurors less than the number to which he would otherwise be entitled.
(5)
Upon request of the defendant in advance of the commencement of the trial, the defendant shall be furnished with a list of prospective jurors who will be subject to call in the trial.
(6)
Either the district attorney or the defendant may challenge the array on the ground that there has been a material departure from the requirements of the law governing the selection of jurors, but such challenge shall be made in writing setting forth the particular grounds upon which it is based and shall be filed prior to the swearing in of the jury selected to try the case.
(7)
Except as to class 1 felonies, with respect to a twelve-person jury, if the court excuses a juror for just cause after the jury has retired to consider its verdict, the court in its discretion may allow the remaining eleven jurors to return the jury's verdict.
L. 71: R&RE, p. 400, § 1. C.R.S. 1963: § 40-1-506. L. 72: p. 268, § 6. L. 86: (1) amended, p. 769, § 3, effective July 1. L. 91: (4) amended, p. 405, § 7, effective June 6. L. 94: (1) amended and (7) added, p. 1716, § 5, effective July 1.
For similar provisions concerning the right to trial by jury, see Crim. P. 23.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-407 - Affirmative defense

(1)
"Affirmative defense" means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.
(2)
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.
L. 71: R&RE, p. 400, § 1. C.R.S. 1963: § 40-1-507.
For the affirmative defense of impaired mental condition, see §§ 16-8-103.5 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1-710 and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 through 15 of this title 18.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-409.5 - [Repealed]

L. 79: Entire section added, p. 670, § 18, effective July 1. L. 81: Entire section repealed, p. 969, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-410.7 - Vacating certain criminal convictions for victims of human trafficking

(1)
(a)
An individual may file a motion with the court where a conviction was obtained against the individual requesting that the conviction be vacated if the underlying offense resulting in the conviction was committed as a result of the individual being a victim of human trafficking. The individual shall serve a copy of the motion on the district attorney's office or municipal attorney's office that obtained the conviction.
(b)
This section applies to all state and municipal convictions for crimes except for crimes defined in section 24-4.1-302 (1).
(c)
This section does not apply to a conviction if the individual raised an affirmative defense described in section 18-7-201.3 or 18-3-504 (2.5) at trial and was still convicted after raising the defense.
(d)
Official documentation is not required for an individual to seek or be granted relief pursuant to this section, but if the individual provides official documentation from a federal, state, local, or tribal government agency indicating that the individual was a victim of human trafficking at the time of the offense, the documentation creates a rebuttable presumption that the individual was a victim of human trafficking at the time of the offense and is eligible for relief pursuant to this section.
(2)
The district attorney's office or municipal attorney's office that obtained the conviction must file a response within thirty-five days from receiving a copy of the motion. If the district attorney's office or municipal attorney's office opposes the motion or the court determines a hearing is necessary, the court shall set the motion for hearing.
(3)
(a)
If the court determines by clear and convincing evidence that the offense was committed as result of the individual being a victim of human trafficking at the time of the offense, the court shall vacate the conviction.
(b)
A conviction vacated pursuant to subsection (3)(a) of this section is deemed vacated due to a substantive defect in the underlying criminal proceedings.
(4)
Nothing in this section prevents the individual from applying for any other relief allowed by law.
(5)
(a)
If the court issues an order vacating the conviction the court shall send the order to the Colorado bureau of investigation and the bureau shall remove the conviction from the individual's record.
(b)
If the court issues an order vacating the conviction pursuant to this section, the individual may petition to have the other related records sealed pursuant to the procedure in section 24-72-707.
Added by 2024 Ch. 317,§ 10, eff. 5/31/2024.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-411 - Postconviction testing of DNA - definitions

As used in this section and in sections
18-1-412
to
18-1-416
, unless the context otherwise requires:
(1)
[Repealed by 2023 legislation]
(2)
"Actual or constructive possession" means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.
(3)
"DNA" means deoxyribonucleic acid.
(3.3)
"Eligible person" means a person convicted of a felony offense in Colorado or adjudicated not guilty by reason of insanity for a felony offense in Colorado pursuant to section 16-8-105.5, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration pursuant to section 16-22-103; or a person who has completed the sentence imposed for the felony offense;
(3.5)
"Favorable result" means a result that indicates a reasonable probability that the petitioner would not have been convicted.
(4)
"Incarcerated" means physically housed in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a county jail following a felony conviction, or in a juvenile facility following adjudication for an offense that would have been a felony if committed by an adult, or under parole supervision.
Amended by 2023 Ch. 15, § 1, eff. 10/1/2023.
L. 2003:Entire section added, p. 815, § 1, effective August 6. L. 2023:(1) repealed and (3.3) and (3.5) added,(HB 23-1034), ch. 15, p. 44, § 1, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-413 - Content of application for DNA testing

(1)
The court shall order DNA testing if:
(a)
It finds a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution;
(b)
It finds by a preponderance of the evidence that a law enforcement agency collected biological evidence pertaining to the offense;
(c)
(I)
It finds by a preponderance of the evidence that DNA results were not available prior to the petitioner's conviction or, if previously available and tested, the evidence can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results; or
(II)
The petitioner did not secure the requested DNA testing prior to the petitioner's conviction because DNA testing was not reasonably available or for reasons that constitute justifiable excuse, ineffective assistance of counsel, or excusable neglect; and
(d)
The petitioner consents to provide a biological sample for DNA testing.
(2)
A petitioner may only file a subsequent petition with new grounds for relief not raised in the prior petition if the petitioner exercised due diligence to raise all viable claims at the time of the initial petition or if the petitioner was not granted a hearing on the initial petition and the subsequent petition raises viable grounds for relief. If the court determines these criteria are satisfied, the court may consider the subsequent petition if the petitioner establishes good cause why a successive petition should be considered or the court finds that the interests of justice so require. If the court considers the subsequent petition, the court shall determine whether to grant the petition pursuant to subsection (1) of this section.
Amended by 2023 Ch. 15, § 3, eff. 10/1/2023.
L. 2003:Entire section added, p. 816, § 1, effective August 6. L. 2023:IP(1), (1)(a), (1)(b), and (1)(c) amended and (2) added,(HB 23-1034), ch. 15, p. 45, § 3, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-414 - Preservation of evidence

(1)
A petitioner shall not be entitled to relief based solely on an allegation that a law enforcement agency failed to preserve biological evidence.
(2)
(a)
A court granting a motion for hearing pursuant to section
18-1-412
shall order the appropriate law enforcement agency to preserve existing biological evidence for DNA testing.
(b)
If a law enforcement agency, through negligence, destroys, loses, or otherwise disposes of biological evidence that is the subject of an order pursuant to this subsection (2) before the evidence may be tested, the court shall set a hearing to determine whether a remedy is warranted. If the court determines that a remedy is warranted, the court may order whatever remedy the court finds is just, equitable, and appropriate. Nothing in this subsection (2) shall be construed to limit or eliminate the court's authority to order any remedy otherwise available under law for the destruction, loss, or disposal of evidence.
(c)
For the purposes of this subsection (2), "negligence" means a departure from the ordinary standard of care.
(d)
When a motion for postconviction DNA testing is granted, the primary investigative agency that handled the case shall prepare an inventory of the evidence related to the case and issue a copy of the inventory to the petitioner and the court.
(3)
Except as provided in subsection (2) of this section, this section does not create a duty to preserve biological evidence. Notwithstanding the provisions of subsection (2) of this section, this section does not create a liability on the part of a law enforcement agency for failing to preserve biological evidence.
Amended by 2023 Ch. 15, § 4, eff. 10/1/2023.
L. 2003:Entire section added, p. 817, § 1, effective August 6. L. 2008:(2) and (3) amended, p. 1513, § 2, effective May 28. L. 2023:(2)(d) added,(HB 23-1034), ch. 15, p. 46, § 4, effective October 1.
For the legislative declaration contained in the 2008 act amending subsections (2) and (3), see section 1 of chapter 322, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-415 - Testing - payment

If the court orders DNA testing, the testing must be conducted by the Colorado bureau of investigation; except that the court, upon request of the petitioner and after the petitioner establishes good cause, may order testing by another testing laboratory or agency that conforms to the current version of ISO/IEC 17025 requirements, the appropriation quality assurance standards required by the federal bureau of investigation, and forensic-specific requirements and is accredited by an organization that is signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangements for Testing Laboratories. The petitioner shall pay for the testing. The parties shall consult and negotiate on an agreement on testing methods and techniques. If the parties cannot agree, the court shall designate the testing methods and techniques, considering the totality of the circumstances. In considering the totality of the circumstances, the court shall consider whether the testing would be consumptive in nature, whether the testing would allow for the best possible collection of evidence, and whether the testing would allow for the most probative results to be obtained. If the petitioner is indigent and represented by either the public defender or alternate defense counsel, and with the approval of the public defender or the alternate defense counsel, the costs of the testing shall be paid from the public defender's budget or the alternate defense counsel's budget.
Amended by 2023 Ch. 15, § 5, eff. 10/1/2023.
L. 2003: Entire section added, p. 817, § 1, effective August 6. L. 2010:Entire section amended,(HB 10-1422), ch. 419, p. 2073, § 31, effective August 11. L. 2023:Entire section amended,(HB 23-1034), ch. 15, p. 46, § 5, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-416 - Results of the DNA test

(1)
Notwithstanding any law or rule of procedure that bars a motion for postconviction review as untimely or successive, a petitioner may use the results of a DNA test ordered pursuant to section
18-1-413
as the grounds for filing a motion for postconviction review pursuant to section
18-1-410
and the Colorado rules of criminal procedure.
(1.5)
If forensic DNA testing ordered provides a favorable result to the petitioner, the court shall schedule a hearing within thirty days after the result to determine the appropriate relief to be granted. Based on the results of the testing and any evidence or other information presented at the hearing, the court shall enter an order within thirty days after the hearing that serves the interests of justice, including, but not limited to, an order setting aside or vacating the petitioner's judgment of conviction.
(2)
The testing laboratory shall make the results of a DNA test ordered pursuant to section
18-1-413
available to the combined DNA index system and to any Colorado, federal, or other law enforcement DNA databases.
(3)
The court shall ensure compliance with the notification procedures and rights afforded to victims provided for in sections 24-4.1-301 to 24-4.1-305.
Amended by 2023 Ch. 15, § 6, eff. 10/1/2023.
L. 2003: Entire section added, p. 817, § 1, effective August 6. L. 2023:(1) amended and (1.5) and (3) added,(HB 23-1034), ch. 15, p. 46, § 6, effective October 1.