reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 1 - REVIEW (§§ 16-12-101 — 16-12-103) › Section 16-12-101.5 - Review of proceedings regarding class 1 felony convictions - legislative intent

(1)
The general assembly urges the Colorado supreme court to adopt an expedited process to review class 1 felony convictions where the death penalty has been imposed and any order by the district court granting or denying postconviction relief in such cases. It is the general assembly's intent that the Colorado supreme court give priority to cases in which a sentence of death has been imposed over other cases before the court, except to the extent of any conflict with the requirement that the court give the highest priority to enforcement actions brought in accordance with section 20 (1) of article X of the state constitution.
(2)
In any direct appeal of any class 1 felony case in which a conviction is entered and in which a sentence of death is imposed prior to the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by part 2 of this article, all challenges to any such conviction or sentence, with the exception of any newly discovered evidence or any claim of ineffective assistance of counsel, shall be included in the brief of the person challenging such conviction or sentence, as such brief is defined by rule 28 of the Colorado appellate rules, at the time such brief is filed with the supreme court of the state of Colorado. Any issue which is not raised in the manner prescribed in this section shall be deemed to be irrevocably waived by the person challenging such conviction or sentence. The failure of such person to file a brief within any time limits ordered by the supreme court of the state of Colorado shall constitute an irrevocable waiver of all issues which could have been raised in such brief.
L. 91: Entire section added, p. 430, § 7, effective May 24. L. 94: Entire section amended, p. 1473, § 1, effective July 1. L. 97: (2) amended, p. 1582, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 1 - REVIEW (§§ 16-12-101 — 16-12-103) › Section 16-12-102 - Appeals by the prosecution

(1)
The prosecution may appeal any decision of a court in a criminal case upon any question of law. Any order of a court that either dismisses one or more counts of a charging document prior to trial or grants a new trial after the entry of a verdict or judgment shall constitute a final order that shall be immediately appealable pursuant to this subsection (1). If any act of the general assembly is adjudged inoperative or unconstitutional in any criminal case, it is the duty of the district attorney of the judicial district in which the court making such decision is situated to appeal on behalf of the people of the state of Colorado, unless the same issue of constitutionality is already pending before a reviewing court in another case. Nothing in this section shall authorize placing the defendant in jeopardy a second time for the same offense. No docket fee shall be required of the people upon an appeal under this section. The procedure to be followed in filing and prosecuting appeals under this section shall be as provided by applicable rule of the supreme court of Colorado. However, if a statute providing for the imposition of the death penalty is adjudged inoperative or inapplicable for any reason, such adjudication shall constitute a final order that shall be immediately appealable to the supreme court of Colorado, notwithstanding any statute or court rule to the contrary.
(2)
The prosecution may file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion made in advance of trial by the defendant for the return of property and to suppress evidence or granting a motion to suppress an extrajudicial confession or admission if the prosecution certifies to the judge who granted such motion and to the supreme court that the appeal is not taken for the purposes of delay and the evidence is a substantial part of the proof of the charge pending against the defendant. The prosecution may also file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion in limine pertaining to the matters described in this subsection (2), or from a ruling on a motion made pursuant to section
18-1-202(11)
, C.R.S., challenging the place of trial or from a ruling on a motion to disqualify a district attorney pursuant to section
20-1-107
, C.R.S.
L. 72: R&RE, p. 253, § 1. C.R.S. 1963: §
39-12-102
. L. 86: Entire section amended, p. 734, § 4, effective July 1. L. 89: (2) amended, p. 863, § 4, effective April 12. L. 91, 2nd Ex. Sess.: (1) amended, p. 15, § 1, effective October 7. L. 92: (2) amended, p. 400, § 8, effective June 3. L. 93: (1) amended, p. 1728, § 8, effective July 1. L. 98: (1) amended, p. 948, § 9, effective May 27. L. 2000: (1) amended, p. 453, § 9, effective April 24. L. 2002: (2) amended, p. 759, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 1 - REVIEW (§§ 16-12-101 — 16-12-103) › Section 16-12-103 - Stays of execution

When a person has been convicted of an offense and a notice of appeal is filed, he shall be entitled to a stay of execution by compliance with the provisions and requirements of the applicable rules of the supreme court of Colorado.
L. 72: R&RE, p. 253, § 1. C.R.S. 1963: §
39-12-103
.
For stay of execution in criminal appeals from county courts, see Crim. P. 37(f); for stay of execution in criminal appeals from district courts, see C.A.R. 8.1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-201 - Legislative declaration

(1)
The general assembly hereby declares that the purpose of this part 2 is to establish an expedited system of unitary review of class 1 felony cases in which a death sentence is imposed.
(2)
The general assembly finds that enactment of this part 2 will accomplish the following goals:
(a)
Ensuring compliance with the requirements of the federal "Antiterrorism and Effective Death Penalty Act of 1996",
28 U.S.C. sec. 2261
et seq.;
(b)
Improving the accuracy, completeness, and justice of review proceedings by requiring that postconviction review commence immediately after the imposition of a sentence of death;
(c)
Allowing for the full and fair examination of all legally cognizable postconviction and appellate issues by the trial court and the Colorado supreme court; and
(d)
Eliminating, to the fullest extent possible, unreasonable and unjust delays in the resolution of postconviction issues by combining and reducing the number of proceedings in class 1 felony cases.
L. 97: Entire part added, p. 1573, § 1, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-202 - Unitary procedure for appeals - scope and applicability

(1)
Notwithstanding any state statute or rule of the Colorado supreme court to the contrary, this part 2 and the supreme court rules adopted pursuant to this part 2 establish the only procedure for challenging a sentence of death or the conviction that resulted in the sentence of death.
(2)
This part 2 does not apply to class 1 felony cases in which a sentence of death is not sought or to class 1 felony convictions for which the death penalty is not imposed.
(3)
This part 2 shall apply to any class 1 felony conviction for which the death penalty is imposed as punishment, regardless of whether the sentence is imposed pursuant to section
18-1.3-1201
,
18-1.3-1302
, or
18-1.4-102
, C.R.S., which death sentence is imposed on or after the date upon which the supreme court adopts rules implementing the unitary system of review established by this part 2.
(4)
For cases in which a death sentence is imposed prior to the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by this part 2, appellate review and postconviction review shall be as otherwise provided by law.
L. 97: Entire part added, p. 1574, § 1, effective June 4. L. 2002: (3) amended, p. 1497, § 150, effective October 1. L. 2002, 3rd Ex. Sess.: (3) amended, p. 33, §§ 25, 26, effective July 12.
For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsection (3), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-203 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Direct appeal" means the appeal to the Colorado supreme court of any issues raised at the entry of a guilty plea, before trial, at trial, at the penalty phase hearing, or in a motion for new trial.
(2)
"Direct appeal counsel" means the attorney retained by the defendant, or appointed by the trial court to represent an indigent defendant, as the successor to trial counsel for purposes of representing the defendant in direct appeal proceedings.
(3)
"New postconviction counsel" means the attorney retained by the defendant, or appointed by the trial court to represent an indigent defendant, for the purposes of representing the defendant in postconviction review and postconviction review appeal proceedings. New postconviction counsel cannot have previously represented the defendant with regard to the class 1 felony charge.
(4)
"Postconviction review" means review as provided in this part 2 by the trial court that occurs after conviction in a class 1 felony case in which the death penalty is imposed as punishment.
(5)
"Postconviction review appeal" means the appeal to the Colorado supreme court of any issues raised in postconviction review proceedings.
(6)
"Trial counsel" means the attorney who represents the defendant with regard to the class 1 felony charge: For the purposes of any guilty plea; before trial; at trial; at the penalty phase hearing; for the purposes of a motion for new trial; for the purposes of postconviction review if the defendant chooses to continue with trial counsel for purposes of postconviction review; and for the purposes of direct appeal if the defendant chooses to continue with trial counsel for purposes of direct appeal. "Trial counsel" does not include new postconviction counsel appointed pursuant to section
16-12-205
or direct appeal counsel.
L. 97: Entire part added, p. 1574, § 1, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-204 - Stay of execution - postconviction review

(1)
The trial court, upon the imposition of a death sentence, shall set the time of execution pursuant to section
18-1.3-1205
, C.R.S., and enter an order staying execution of the judgment and sentence until receipt of an order from the Colorado supreme court. The trial court shall direct the clerk of the trial court to mail to the Colorado supreme court immediately a copy of the judgment, sentence, and mittimus.
(2)
The trial court shall order the defendant, trial counsel, and the prosecution to attend a hearing to be held after the date upon which the sentence of death is imposed. At the hearing, the trial court shall:
(a)
Advise the defendant of the nature of review as provided in this part 2;
(b)
Advise the defendant of the right to direct appeal counsel;
(c)
Advise the defendant that the issue of ineffective assistance of trial counsel before trial, at trial, or during the penalty phase hearing may only be raised on postconviction review and on postconviction review appeal;
(d)
Advise the defendant that the issue of ineffective assistance of counsel during direct appeal by trial counsel or direct appeal counsel may only be raised by way of a petition for rehearing filed in the Colorado supreme court by new postconviction counsel or the defendant pursuant to the rules adopted by the Colorado supreme court to implement this part 2;
(e)
Determine whether the defendant intends to pursue postconviction review; and
(f)
If the defendant intends to pursue postconviction review, determine whether the defendant intends to proceed with or without counsel.
(3)
After a full discussion on the record, if the defendant knowingly, voluntarily, and intelligently waives the right to pursue postconviction review, trial counsel or direct appeal counsel, if appointed or retained, or the defendant, if proceeding without counsel, may file any notice of appeal with the Colorado supreme court, as provided by Colorado supreme court rule.
L. 97: Entire part added, p. 1575, § 1, effective June 4. L. 2002: (1) amended, p. 1497, § 151, effective October 1. L. 2002, 3rd Ex. Sess.: (1) amended, p. 14, §§ 5, 6, effective July 12. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 856, § 88, effective July 1.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsection (1), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-206 - Postconviction review - motion

(1)
(a)
In any case in which a defendant has been convicted of a class 1 felony and been sentenced to death, all motions for postconviction review and all postconviction review proceedings are governed by this part 2 and by the supreme court rules adopted to implement this part 2.
(b)
Any motion for postconviction review shall state with particularity the grounds upon which the defendant intends to rely, including a statement of the facts and citations of law. A motion for postconviction review may include only those issues specified in paragraph (c) of this subsection (1) and shall not include any issues that were raised at the entry of any guilty plea, before trial, at trial, at the penalty phase hearing, or in the motion for new trial.
(c)
A motion for postconviction review may raise only the following issues:
(I)
Whether there exists evidence of material facts, not previously presented and heard, which by the exercise of reasonable diligence could not have been known or learned by the defendant or trial counsel prior to the imposition of the sentence and which require that the conviction or the death sentence be vacated in the interests of justice; or
(II)
Whether the conviction was obtained or the sentence was imposed in violation of the constitution or laws of the United States or Colorado; or
(III)
Whether the defendant was convicted under a statute that violates the constitution of the United States or Colorado or whether the conduct for which the defendant was prosecuted was constitutionally protected; or
(IV)
Whether the judgment was rendered without jurisdiction over the defendant or the subject matter; or
(V)
Any other grounds that are properly the basis for collateral attack upon a criminal judgment; or
(VI)
Whether trial counsel rendered ineffective assistance.
(2)
By alleging that trial counsel rendered ineffective assistance, the defendant automatically waives confidentiality pursuant to the provisions of section
18-1-417
, C.R.S., between the defendant and trial counsel but only with respect to the information that is related to the defendant's claim of ineffective assistance.
(3)
Neither the defendant nor the prosecution may file a motion for reconsideration or rehearing of the trial court's ruling on the motion for postconviction review. The granting or denying of a motion for postconviction review under this section is a final order reviewable on appeal by the Colorado supreme court.
L. 97: Entire part added, p. 1578, § 1, effective June 4. L. 2005: (2) amended, p. 424, § 3, effective April 29.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-207 - Supreme court - appeal - filing of notice

(1)
(a)
If the defendant waives his or her right to postconviction review as provided in section
16-12-204
, but intends to proceed with direct appeal, trial counsel, direct appeal counsel, if appointed or retained, or the defendant, if proceeding on direct appeal without counsel, shall file any notice of appeal for purposes of direct appeal in the Colorado supreme court.
(b)
If the trial court conducts postconviction review and the defendant intends to seek direct appeal or postconviction review appeal, the notices of appeal, including both direct appeal and postconviction review appeal issues, shall be filed in the Colorado supreme court.
(2)
Any appeal to the Colorado supreme court filed by the defendant pursuant to this part 2 shall consolidate and resolve, in one proceeding, all direct appeal and postconviction review appeal issues.
(3)
The prosecution may appeal any final ruling by the trial court in the course of proceedings pursuant to this part 2, including but not limited to:
(a)
A ruling granting a motion for new trial or other relief; and
(b)
A ruling by the trial court granting postconviction relief; and
(c)
A ruling by the trial court that any statute, including but not limited to a statute providing for the imposition of the death penalty, is adjudged inoperative or unconstitutional for any reason.
(4)
Any appeal filed by the defendant or by the prosecution pursuant to this part 2 shall be taken directly to the Colorado supreme court.
L. 97: Entire part added, p. 1579, § 1, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-209 - Limitation on postconviction review

(1)
No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the defendant establishes that:
(a)
The failure to raise the claim within the time limit was the direct result of interference by government officials with the presentation of the claim in a manner which violated the constitution or laws of the United States or Colorado; or
(b)
The facts upon which the claim are based were unknown to the defendant and could not have been ascertained by the exercise of due diligence; or
(c)
The right asserted by the defendant is a constitutional right that was recognized by the supreme court of either the United States or Colorado after the time limits specified by supreme court rule for the filing of the petition for postconviction review had expired and the constitutional right applies retroactively.
(2)
If the defendant files a motion for postconviction review raising any of the grounds specified in subsection (1) of this section, the motion shall be filed with the trial court within thirty-five days after the date upon which the grounds are discovered.
L. 97: Entire part added, p. 1581, § 1, effective June 4. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 856, § 89, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 12 - REVIEW OF JUDGMENTS IN CRIMINAL CASES (§§ 16-12-101 — 16-12-210) › Part 2 - UNITARY REVIEW IN DEATH PENALTY CASES (§§ 16-12-201 — 16-12-210) › Section 16-12-210 - Severability

If any provision of this part 2 or the application of this part 2 to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this part 2 that can be given effect without the invalid or unconstitutional provision or application. Therefore, to this end, the provisions of this part 2 are declared to be severable.
L. 97: Entire part added, p. 1581, § 1, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 1 - [Repealed] (§ 16-13-101) › Section 16-13-101 - to 16-13-103 - [Repealed]

L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.
(1) This part 1 was numbered as article 13 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 1 was subsequently repealed in 2002. The provisions of this part 1 were relocated to part 8 of article
1.3
of title
18
.
(2) For historical information concerning the 1972 repeal and reenactment of this article, see the editor's note before the article 1 heading.
For the legislative declaration contained in the 2002 act repealing this part 1, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-201 - [Repealed]

L. 72: R&RE, p. 255, § 1. C.R.S. 1963: § 39-13-201. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-901
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-201.5 - [Repealed]

L. 98: Entire section added, p. 1288, § 2, effective November 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-902
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-202 - [Repealed]

L. 72: R&RE, p. 255, § 1. C.R.S. 1963: § 39-13-202. L. 75: (5) R&RE, p. 631, § 2, effective July 1. L. 77: (3) amended, p. 902, § 5, effective August 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-903
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-203 - [Repealed]

L. 72: R&RE, p. 256, § 1. C.R.S. 1963: § 39-13-203. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-904
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-204 - [Repealed]

L. 72: R&RE, p. 256, § 1. C.R.S. 1963: § 39-13-204. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-905
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-205 - [Repealed]

L. 72: R&RE, p. 256, § 1. C.R.S. 1963: § 39-13-205. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-906
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-206 - [Repealed]

L. 72: R&RE, p. 256, § 1. C.R.S. 1963: § 39-13-206. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-907
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-207 - [Repealed]

L. 72: R&RE, p. 256, § 1. C.R.S. 1963: § 39-13-207. L. 91: (1)(a) and (1)(b) amended, p. 1142, § 4, effective May 18. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-908
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-208 - [Repealed]

L. 72: R&RE, p. 257, § 1. C.R.S. 1963: § 39-13-208. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-909
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-209 - [Repealed]

L. 72: R&RE, p. 257, § 1. C.R.S. 1963: § 39-13-209. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-910
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-210 - [Repealed]

L. 72: R&RE, p. 257, § 1. C.R.S. 1963: § 39-13-210. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-911
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-211 - [Repealed]

L. 72: R&RE, p. 258, § 1. C.R.S. 1963: § 39-13-211. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-912
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-212 - [Repealed]

L. 72: R&RE, p. 258, § 1. C.R.S. 1963: § 39-13-212. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-913
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-213 - [Repealed]

L. 72: R&RE, p. 258, § 1. C.R.S. 1963: § 39-13-213. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-914
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-214 - [Repealed]

L. 72: R&RE, p. 258, § 1. C.R.S. 1963: § 39-13-214. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-915
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-215 - [Repealed]

L. 72: R&RE, p. 258, § 1. C.R.S. 1963: § 39-13-215. L. 79: Entire section amended, p. 684, § 17, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-916
.
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 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 2 - SENTENCING OF SEX OFFENDERS (§§ 16-13-201 — 16-13-216) › Section 16-13-216 - Powers and duties of the board

(1)
(a)
Within six months after a person is committed pursuant to section
18-1.3-904
, C.R.S., and at least once during each twelve months thereafter, the board shall review all reports, records, and information concerning said person, for the purpose of determining whether said person shall be paroled.
(b)
The board shall, in each instance, make a written ruling and shall serve a copy of the ruling upon the said person.
(2)
The board is authorized and it is its duty to order the transfer of any person committed pursuant to section
18-1.3-904
, C.R.S., if the board deems it to be in the best interests of said person and the public, to any facility under the jurisdiction of the department or to the department of human services subject to the availability of staff and housing.
(3)
The board is granted exclusive control over the parole and reparole of all persons committed pursuant to section
18-1.3-904
, C.R.S., regardless of the facility in which those persons are confined.
(4)
The board is authorized to parole and reparole, and to commit and recommit for violation of parole, any person committed pursuant to section
18-1.3-904
, C.R.S.
(5)
The board is authorized to issue an absolute release to any person committed pursuant to section
18-1.3-904
, C.R.S., if the board deems it in the best interests of that person and the public and that the person, if at large, would not constitute a threat of bodily harm to members of the public.
(6)
Except as otherwise provided in this part 2, the board has all the powers conferred and duties imposed upon it with respect to the parole of prisoners generally, in the parole and supervision of persons committed pursuant to section
18-1.3-904
, C.R.S.
L. 72: R&RE, p. 259, § 1. C.R.S. 1963: § 39-13-216. L. 80: (2) amended, p. 524, § 1, effective March 25. L. 94: (2) amended, p. 2652, § 128, effective July 1. L. 2002: Entire section amended, p. 1498, § 152, effective October 1.
(1) For liability for the costs of the care and treatment of persons transferred to a facility under the jurisdiction of the department of human services pursuant to this section, see § 27-92-101. (2) For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-302 - Public nuisances - policy

(1)
It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of this part 3, to restrain, prevent, abate, and perpetually enjoin any such public nuisance and to seek the forfeiture of property as provided in this part 3. The general assembly intends that proceedings under this part 3 be remedial and equitable in nature. Nothing contained in this part 3 shall be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 3, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws. The provisions of this part 3 shall not be construed to limit or preempt the powers of any court or political subdivision to abate or control nuisances.
(2)
It is also the policy of the general assembly that asset forfeiture pursuant to this part 3 shall be carried out pursuant to the following:
(a)
Generation of revenue shall not be the primary purpose of asset forfeiture.
(b)
No prosecutor's or law enforcement officer's employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.
(c)
All seizures of real property pursuant to this part 3 shall be made pursuant to a temporary restraining order or injunction based upon a judicial finding of probable cause.
(d)
Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 3, when such release is appropriate.
(e)
Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.
(f)
Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.
(g)
Each seizing agency shall prohibit its employees from purchasing forfeited property.
L. 72: R&RE, p. 259, § 1. C.R.S. 1963: § 39-13-302. L. 87: Entire section amended, p. 630, § 2, effective July 1. L. 92: Entire section amended, p. 446, § 1, effective July 1.
For the authority of counties and municipalities to control public nuisances, see § 31-15-401.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-304 - Class 2 public nuisance

(1)
The following are deemed to be a class 2 public nuisance:
(a)
Any place where people congregate, which encourages a disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupants of or persons attending such place, or the residents in the vicinity, or the passersby on the public street or highway; or
(b)
Any public or private place or premises which encourages professional gambling, unlawful use, sale, or distribution of imitation controlled substances, as defined in section
18-18-420 (3)
, C.R.S., drugs, controlled substances, as defined in section
18-18-102 (5)
, C.R.S., or other drugs the possession of which is an offense under the laws of this state, furnishing or selling intoxicating liquor to minors, furnishing or selling fermented malt beverages to persons under the age of twenty-one, solicitation for prostitution, or traffic in stolen property; or
(b.5)
Any public or private place or premises used for soliciting by means of a prerecorded message in violation of section
18-9-311 (1)
, C.R.S.; or
(c)
Any public or private place used for a purpose declared to be a class 2 public nuisance by any other statute of this state.
(2)
It is not a violation of this section if a person is acting in compliance with section
18-18-434
, article
170
of title
12
, or article
50
of title
44
.
Amended by 2023 Ch. 249,§ 23, eff. 7/1/2023.
Amended by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, effective upon official proclamation by governor.
L. 72: R&RE, p. 260, § 1. C.R.S. 1963: § 39-13-304. L. 81: (1)(b) amended, p. 737, § 18, effective July 1. L. 83: (1)(b) amended, p. 704, § 3, effective July 1. L. 88: (1)(b.5) added and (1)(c) amended, p. 346, § 12, effective July 1. L. 92: (1)(b) amended, p. 391, § 17, effective July 1. L. 95: (1)(b) amended, p. 463, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-305 - Class 3 public nuisance

(1)
The following are a class 3 public nuisance:
(a)
The conducting or maintaining of any business, occupation, operation, or activity prohibited by a statute of this state; or
(b)
The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land, or premises in violation of a statute of this state; or
(c)
Any building, structure, or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety; or
(d)
Any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter; or
(e)
Any unlawful pollution or contamination of any surface or subsurface waters in this state, or of the air, or any water, substance, or material intended for human consumption, but no action shall be brought under this paragraph (e) if the state department of public health and environment or any other agencies of state or local government charged by and acting pursuant to statute or duly adopted regulation have assumed jurisdiction by the institution of proceedings on that pollution or contamination. Nothing in this paragraph (e) shall abridge the right of any person to institute a private nuisance action or of any district attorney to institute a public nuisance action under the common law or other statutory law of this state.
(f)
Any activity, operation, or condition which, after being ordered abated, corrected, or discontinued by a lawful order of an agency or officer of the state of Colorado, continues to be conducted or continues to exist in violation of:
(I)
Any statute of this state;
(II)
Any regulation enacted pursuant to the authority of a statute of this state; or
(g)
Any condition declared by a statute of this state to be a class 3 public nuisance.
L. 72: R&RE, p. 261, § 1. C.R.S. 1963: § 39-13-305. L. 94: (1)(e) amended, p. 2732, § 354, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (1)(e), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-306 - Class 4 public nuisance

If any person carries on or practices any profession or calling or operates any business required to be licensed by the laws of the state of Colorado without first procuring a license therefor, or carries on or practices such profession or calling or operates such business after the license therefor required by the laws of the state of Colorado has been lawfully canceled or revoked, the carrying on or practicing of such profession or calling, or the operation of such business without a license is a class 4 public nuisance and may be restrained and abated.
L. 72: R&RE, p. 261, § 1. C.R.S. 1963: § 39-13-306.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-306.5 - Limitations on receipt of forfeiture payments from federal agencies

(1)
A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictional collaboration only if the aggregate net equity value of the property and currency seized in a case is in excess of fifty thousand dollars and a forfeiture proceeding is commenced by the federal government and relates to a filed criminal case.
(2)
Subsection (1) of this section shall not be construed to restrict seizing agencies from collaborating with a federal agency to seize property that the seizing agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint task force.
Added by 2017 Ch. 403,§ 2, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1313), ch. 403, p. 2106, § 2, effective August 9.