Colorado Rights Blog

HB16-1233: Changes To Death Penalty Trials

Criminal Legal Reform
Bill Number: HB16-1233
Year: 2016
ACLU Position: Oppose
Sponsors: K. Ransom


The bill changes the process for sentencing for class 1 felonies
when the death penalty is sought. The bill creates an aggravation phase
at which the prosecution must prove one or more aggravating
circumstances beyond a reasonable doubt to the unanimous satisfaction
of a jury. The bill also creates a penalty phase at which the defendant has
the burden to prove one or more mitigating circumstances by a
preponderance of evidence, and the jury determines unanimously whether
the mitigating circumstances call for leniency. The bill also establishes
a procedure for a retrial of the aggravation phase and the penalty phase
in the event the jury cannot reach a unanimous verdict.

Current Status:

House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/29/2016)

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