NOTE: The governor signed this measure on 4/15/2016.
      
      
      HOUSE BILL 16-1066
      
      
      BY REPRESENTATIVE(S) Roupe, Carver, Lundeen, Court, Esgar,
      Fields, Ginal, Hamner, Kagan, Landgraf, Lee, Lontine, McCann,
      Mitsch Bush, Pabon, Pettersen, Rosenthal, Sias, Van Winkle, Winter,
      Young;
      also SENATOR(S) Newell, Aguilar, Donovan, Garcia, Guzman, Heath,
      Johnston, Kefalas, Martinez Humenik, Merrifield, Roberts, Tate, Todd,
      Woods.
      
      
      Concerning an habitual domestic violence offender.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-6-801, amend (7)
      as follows:
      
           18-6-801.  Domestic violence - sentencing. (7) (a)  In the event a
      person is convicted in this state on or after July 1, 2000, of any offense
      which would otherwise be a misdemeanor, the underlying factual basis of
      which has been found by the court on the record to include an act of
      domestic violence as defined in section 18-6-800.3 (1), and that person has
      been three times previously convicted, upon charges separately brought and
      tried and arising out of separate and distinct criminal episodes, of a felony
      or misdemeanor or municipal ordinance violation, the underlying factual
      basis of which was found by the court on the record to include an act of
      domestic violence, the prosecuting attorney may petition the court to
      adjudge the person an habitual domestic violence offender, and such person
      shall be convicted of a class 5 felony. If the person is adjudged an habitual
      domestic violence offender, the court shall sentence the person pursuant to
      the presumptive range set forth in section 18-1.3-401 for a class 5 felony.
      The former convictions and judgments shall be set forth in apt words in the
      indictment or information Any misdemeanor offense that includes an
      act of domestic violence is a class 5 felony if the defendant at the
      time of sentencing has been previously convicted of three or more
      prior offenses that included an act of domestic violence and that
      were separately brought and tried and arising out of separate
      criminal episodes.
      
           (b)  The prior convictions must be set forth in apt words in
      the indictment or information. For the purposes of this section,
      "conviction" includes any federal, state, or municipal conviction
      for a felony, misdemeanor, or municipal ordinance violation.
      
           (c)  Trials in cases alleging that the defendant is an
      habitual domestic violence offender pursuant to this subsection
      (7) must be conducted in accordance with the rules of criminal
      procedure for felonies. The trier of fact shall determine whether
      an offense charged includes an act of domestic violence.
      
           (d)  Following a conviction for an offense which underlying
      factual basis includes an act of domestic violence:
      
           (I)  If any prior conviction included a determination by a
      jury or was admitted by the defendant that the offense included
      an act of domestic violence, the court shall proceed to
      sentencing without further findings as to that prior conviction
      by the jury or by the court, if no jury trial is had;
      
           (II)  For any prior conviction in which the factual basis was
      found by the court to include an act of domestic violence, but did
      not include a finding of domestic violence by a jury or that was
      not admitted by the defendant, the trial court shall proceed to
      a sentencing stage of the proceedings. The prosecution shall
      present evidence to the trier of fact that the prior conviction
      included an act of domestic violence. The prosecution has the
      burden of proof beyond a reasonable doubt.
      
           (III)  At the sentencing stage, the following applies:
      
           (A)  A finding of domestic violence made by a court at the
      time of the prior conviction constitutes prima facie evidence that
      the crime involved domestic violence;
      
           (B)  Evidence of the prior conviction is admissible through
      the use of certified documents under seal, or the court may take
      judicial notice of a prior conviction;
      
           (C)  Evidence admitted in the guilt stage of the trial,
      including testimony of the defendant and other acts admitted
      pursuant to section 18-6-801.5, may be considered by the finder of
      fact.
      
           SECTION 2.  Effective date - applicability. This act takes effect
      July 1, 2016, and applies to offenses committed on or after said date.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO