SB 25-189: Require Jury to Determine Prior Convictions

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. The act requires a jury, in a habitual proceeding that is separate from the trial of the charged substantive offense and for the purpose of determining whether the defendant is a habitual criminal, to determine whether the defendant has been previously convicted as alleged, whether the convictions were separately brought and tried, and whether the convictions arose out of separate and distinct criminal episodes. The habitual proceeding must be conducted before the same jury impaneled to try the substantive offense; except that, when necessary and as constitutionally permissible, a new jury may be impaneled. If a new jury is impaneled, the court shall hold the habitual proceeding as soon as practicable. The act repeals the process for a judge to try the issue of whether a person is a habitual offender when the prosecuting attorney learns of a prior felony conviction after a guilty verdict but prior to the person being sentenced. The act appropriates $17,500 from the general fund to the judicial department for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions. (Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 6 · Republican 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 2, 2025Governor Signed
2. May 12, 2025Signed by the President of the Senate
3. May 12, 2025Sent to the Governor
4. May 12, 2025Signed by the Speaker of the House
5. May 5, 2025House Third Reading Passed - No Amendments
6. May 3, 2025House Committee on Appropriations Refer Unamended to House Committee of the Whole
7. May 3, 2025House Second Reading Special Order - Passed - No Amendments
8. April 30, 2025House Committee on Judiciary Refer Unamended to Appropriations
9. April 17, 2025Senate Third Reading Passed - No Amendments
10. April 17, 2025Introduced In House - Assigned to Judiciary
11. April 16, 2025Senate Third Reading Laid Over Daily - No Amendments
12. April 15, 2025Senate Second Reading Passed with Amendments - Committee, Floor

Showing 12 most recent of 16 actions. Full history