Colorado Rights Blog

SB21-124: Changes To Felony Murder

Bill Number: SB21-124
Year: 2021
ACLU Position: Support
Sponsors: M. Weissman/P. Lee


Under current law, it is a class 1 felony if a person commits or
attempts to commit certain specified felonies and the death of a person,
other than one of the participants, is caused by anyone during the crime.

The bill changes the current law by:
• Requiring the death be caused by a participant;
• Repealing certain elements of the affirmative defense;
• Changing the penalty from a class 1 felony to a class 2
• Clarifying that a court shall sentence a defendant to a
definite sentence within the aggravated range when the
court finds certain aggravating circumstances; and
• Requiring the fact finder to make specific findings of fact
in order for the defendant to be subject to a mandatory
sentence as a crime of violence.

The bill makes conforming changes to sentencing provisions for
felony murder committed by a juvenile who was convicted as an adult.

Current Status:

Governor Signed (04/26/2021)

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