CO HB1066

Any misdemeanor offense that includes an act of domestic violence becomes a Class 5 felony if the defendant has three or more prior convictions for offenses involving domestic violence that were separately brought, tried, and arose from separate criminal episodes.

Prior convictions must be set forth in the indictment or information, and "conviction" includes any federal, state, or municipal conviction for a felony, misdemeanor, or municipal ordinance violation.

Trials for habitual domestic violence offender cases must follow felony criminal procedure rules, with the trier of fact determining whether an offense charged includes an act of domestic violence.

At sentencing, a court finding of domestic violence from a prior conviction constitutes prima facie evidence of domestic violence; prior conviction evidence is admissible through certified documents or judicial notice; and evidence from the guilt stage trial may be considered by the finder of fact.

The prosecution bears the burden of proof beyond a reasonable doubt; the bill takes effect July 1, 2016, and applies to offenses committed on or after that date.