CO SB191

Changes first-degree murder charge to a class 2 felony (instead of class 1) when death is caused by a participant without deliberation during specified felonies including arson, robbery, burglary, kidnapping, and sexual assault.

Requires death to be caused by "any participant" rather than "anyone," narrowing the scope of who can cause the death for murder liability.

Repeals two affirmative defense provisions: the defense that defendant had no knowledge another participant was armed, and the defense that defendant attempted to disengage from the crime.

Mandates sentencing within the aggravated range and applies mandatory violent crime sentencing only if the fact finder makes specific findings that the defendant used/threatened a deadly weapon, used force/intimidation, caused serious bodily injury, or knew a co-participant intended to use a deadly weapon.

Takes effect September 1, 2020, subject to referendum petition by voters; applies only to offenses committed after the effective date.