Title 16, Criminal Proceedings
0 chapters · 433 sections in this title.
Colo. Rev. Stat. § 16-12-101 Review of proceedings resulting in conviction
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Every person convicted of an offense under the statutes of this state has the right of appeal to review the proceedings resulting in conviction. The procedures to be followed in any such appeal shall be as provided by applicable rule of the supreme court of Colorado. Source: L. 7…
Colo. Rev. Stat. § 16-12-101.5 Review of proceedings regarding class 1 felony convictions - legislative intent
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(1) The general assembly urges the Colorado supreme court to adopt an expedited process to review class 1 felony convictions where the death penalty has been imposed and any order by the district court granting or denying postconviction relief in such cases. It is the general ass…
Colo. Rev. Stat. § 16-12-102 Appeals by the prosecution
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(1) The prosecution may appeal any decision of a court in a criminal case upon any question of law. Any order of a court that either dismisses one or more counts of a charging document prior to trial or grants a new trial after the entry of a verdict or judgment shall constitute …
Colo. Rev. Stat. § 16-12-103 Stays of execution
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When a person has been convicted of an offense and a notice of appeal is filed, he shall be entitled to a stay of execution by compliance with the provisions and requirements of the applicable rules of the supreme court of Colorado. Source: L. 72: R&RE, p. 253, � 1. C.R.S. 1963: …
Colo. Rev. Stat. § 16-12-201 Legislative declaration
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(1) The general assembly hereby declares that the purpose of this part 2 is to establish an expedited system of unitary review of class 1 felony cases in which a death sentence is imposed. (2) The general assembly finds that enactment of this part 2 will accomplish the following …
Colo. Rev. Stat. § 16-12-202 Unitary procedure for appeals - scope and applicability
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(1) Notwithstanding any state statute or rule of the Colorado supreme court to the contrary, this part 2 and the supreme court rules adopted pursuant to this part 2 establish the only procedure for challenging a sentence of death or the conviction that resulted in the sentence of…
Colo. Rev. Stat. § 16-12-203 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Direct appeal means the appeal to the Colorado supreme court of any issues raised at the entry of a guilty plea, before trial, at trial, at the penalty phase hearing, or in a motion for new trial. (2) Direct appea…
Colo. Rev. Stat. § 16-12-204 Stay of execution - postconviction review
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(1) The trial court, upon the imposition of a death sentence, shall set the time of execution pursuant to section 18-1.3-1205, C.R.S., and enter an order staying execution of the judgment and sentence until receipt of an order from the Colorado supreme court. The trial court shal…
Colo. Rev. Stat. § 16-12-205 Postconviction review - appointment of new postconviction counsel - qualifications - compensation
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(1) At the hearing held pursuant to section 16-12-204 (2), if the defendant chooses to pursue postconviction review, the trial court shall enter an order appointing new postconviction counsel for the defendant if the trial court finds that the defendant is indigent and either the…
Colo. Rev. Stat. § 16-12-206 Postconviction review - motion
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(1) (a) In any case in which a defendant has been convicted of a class 1 felony and been sentenced to death, all motions for postconviction review and all postconviction review proceedings are governed by this part 2 and by the supreme court rules adopted to implement this part 2…
Colo. Rev. Stat. § 16-12-207 Supreme court - appeal - filing of notice
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(1) (a) If the defendant waives his or her right to postconviction review as provided in section 16-12-204, but intends to proceed with direct appeal, trial counsel, direct appeal counsel, if appointed or retained, or the defendant, if proceeding on direct appeal without counsel,…
Colo. Rev. Stat. § 16-12-208 Supreme court - rules
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(1) No later than January 1, 1998, the Colorado supreme court shall adopt rules to establish procedures, including time limits, for the postconviction review and unitary appeal process created by this part 2. (2) The rules adopted by the Colorado supreme court pursuant to subsect…
Colo. Rev. Stat. § 16-12-209 Limitation on postconviction review
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(1) No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the…
Colo. Rev. Stat. § 16-12-210 Severability
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If any provision of this part 2 or the application of this part 2 to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this part 2 that can be given effect without the …
Colo. Rev. Stat. § 16-12-301 Short title
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The short title of this part 3 is the Colorado Forensic Science Integrity Act. Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1891, � 1, effective June 2.
Colo. Rev. Stat. § 16-12-302 Legislative declaration
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(1) The general assembly finds and declares that: (a) An effective criminal justice system requires that crime laboratory employees act with integrity and that crime laboratories have controls to prevent and detect knowing misconduct and violations of procedures and properly inve…
Colo. Rev. Stat. § 16-12-303 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Crime laboratory means a forensic services provider in Colorado that assists law enforcement agencies or prosecutors by performing scientific laboratory testing or examination of physical evidence. Crime laborator…
Colo. Rev. Stat. § 16-12-304 Duty of a crime laboratory employee to report misconduct
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(1) A crime laboratory employee who, in pursuance of their work or in the course of an investigation, witnesses or discovers wrongful action must report that wrongful action to their immediate supervisor at the crime laboratory or to the crime laboratory director within seven day…
Colo. Rev. Stat. § 16-12-305 Duty of crime laboratory to investigate wrongful action - report to prosecuting attorney - record retention
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(1) A crime laboratory director who, on or after July 1, 2025, receives a report of wrongful action pursuant to section 16-12-304 or receives other information about an act or omission by a crime laboratory employee that may constitute wrongful action shall forthwith investigate …
Colo. Rev. Stat. § 16-12-306 Prosecution duty to notify defendants and defendant’s counsel - content of notice
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(1) A district attorney who receives a notice from a crime laboratory director pursuant to section 16-12-305 (3)(a) that an investigation of wrongful action was initiated shall notify the defendant in the case that is subject to the investigation as soon as practicable but no lat…
Colo. Rev. Stat. § 16-12-307 Duty to notify victims
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(1) When a district attorney receives a notice that a crime laboratory employee engaged in wrongful action and a criminal case identified in the notice involves a crime listed in section 24-4.1-302 (1), the district attorney shall, as required in subsection (2) of this section, n…
Colo. Rev. Stat. § 16-12-308 Defendant's right to counsel
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(1) A defendant has the right to counsel to investigate, file, and litigate a post-conviction claim arising from wrongful action and appeals arising from the claim. The right to counsel for assistance with post-conviction claims pursuant to this part 3, including the right for an…
Colo. Rev. Stat. § 16-12-309 Discovery and expert witness disclosure - procedures - construction consistent with court rules
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(1) (a) A defendant has a right to discovery, including post-conviction discovery, related to the wrongful action: (I) Upon receipt of a notice of reported wrongful action described in section 16-12-306; or (II) If a court orders discovery after the defendant files a pleading tha…
Colo. Rev. Stat. § 16-12-310 Petition for post-conviction relief - petition requirements
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(1) Notwithstanding any other claim for post-conviction relief available pursuant to federal or state law, including relief available pursuant to the Colorado rules of criminal procedure, a defendant who was convicted of a criminal offense who receives a notice of reported wrongf…
Colo. Rev. Stat. § 16-12-311 Time limitation on post-conviction petition for relief
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(1) (a) Notwithstanding the limitation in section 16-5-402, a claim for post-conviction relief relying in whole or in part on facts related to wrongful action must be commenced within the applicable time period set forth in subsection (1)(b) of this section, which begins to run u…
Colo. Rev. Stat. § 16-12-312 Evidentiary hearing on post-conviction petition for relief - procedures - standards - material to the case described
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(1) If the defendant’s petition for post-conviction relief asserts facts that, if true, demonstrate that wrongful action was material to the defendant’s case, the court shall decide the claim upon the merits after an evidentiary hearing. (2) Upon the request of a party, the court…