HB 16-1233 Summary

• Replaces the existing death penalty sentencing procedure for class 1 felonies with a two-phase process effective February 1, 2017: an aggravation phase and a penalty phase.

• During the aggravation phase, the prosecution must prove one or more aggravating circumstances beyond a reasonable doubt to the unanimous agreement of the jury.

• During the penalty phase, the defendant must prove mitigating circumstances by a preponderance of the evidence, with jury members individually considering any mitigating factors without requiring unanimous agreement.

• The jury must unanimously determine whether to impose death or life imprisonment without parole; if the jury cannot reach unanimous verdict at either phase, a new jury is impaneled and, if still unable to reach unanimity, the defendant receives life imprisonment.

• Requires mandatory appellate review by the Colorado Supreme Court for all death sentences, which may affirm, reweigh circumstances, apply harmless error analysis, or remand for resentencing.