CO SB124

Repeals the felony murder rule for first-degree murder under Colorado law, which previously allowed prosecutors to charge anyone involved in certain felonies with murder if someone died, regardless of their direct involvement or intent.

Creates a new Class 2 felony offense for deaths caused by any participant during the commission of specified felonies (arson, robbery, burglary, kidnapping, sexual assault, or escape), but only when death occurs without deliberation.

Establishes an affirmative defense allowing defendants to avoid conviction if they did not commit the homicidal act, were not armed, did not solicit the killing, and had no reasonable belief that other participants were armed or intended violence.

Modifies sentencing and parole eligibility provisions for juveniles and young adults convicted of these crimes, allowing earlier petitions for program placement and parole consideration compared to traditional first-degree murder convictions.

Takes effect September 15, 2021, but subject to a referendum petition that could delay implementation to November 2022 pending voter approval.