Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0591.01 Michael Dohr x4347   SENATE BILL 16-064
                   SENATE SPONSORSHIP
 Lundberg,  Cooke, Marble, Holbert, Woods, Grantham
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning measures related to death penalty cases.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, a jury can only impose the death penalty based
       on a unanimous agreement. The bill changes the requirement to 9 out of
       12 members of the jury.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-1.3-1201, amend
       (2) (b), (2) (c), and (2) (d) as follows:
            18-1.3-1201.  Imposition of sentence in class 1 felonies -
       appellate review. (2) (b) (I)  In the event that no aggravating factors are
       found to exist there are fewer than nine jurors who agree that at
       least one aggravating factor as enumerated in subsection (5) of this
       section exists, the jury shall render a verdict of life imprisonment, and
       the court shall sentence the defendant to life imprisonment.
            (II)  The jury shall not render a verdict of death unless, by the
       agreement of at least nine jurors, it unanimously finds and specifies
       in writing that:
            (A)  At least one aggravating factor has been proved; and
            (B)  There are insufficient mitigating factors to outweigh the
       aggravating factor or factors that were proved.
            (c)  In the event that the jury's verdict is to sentence to death, such
       verdict shall be unanimous by the agreement of at least nine jurors
       and shall be binding upon the court unless the court determines, and sets
       forth in writing the basis and reasons for such determination, that the
       verdict of the jury is clearly erroneous as contrary to the weight of the
       evidence, in which case the court shall sentence the defendant to life
       imprisonment.
            (d)  If the jury's verdict is not unanimous In the event that
       there are fewer than nine jurors who can agree on a sentence,
       the jury shall be discharged, and the court shall sentence the defendant to
       life imprisonment.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 10, 2016, if adjournment sine die is on May 11,
       2016); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2016 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to offenses committed on or after the
       applicable effective date of this act.