JURY DETERMINATION OF PRIOR FELONY CONVICTIONS ACT
I. PURPOSE
Ensures that a jury, rather than a judge, determines whether a defendant has prior felony convictions when such allegations impact sentencing.
Clarifies the burden of proof on the prosecution to establish prior convictions beyond a reasonable doubt.
Establishes procedures for conducting sentencing hearings to determine prior convictions separately from the trial on the substantive offense.
II. JURY REQUIREMENT FOR PRIOR CONVICTION DETERMINATIONS
If the prosecution alleges prior felony convictions, a separate jury hearing must be conducted after a guilty verdict on the substantive offense.
The same jury that decided the substantive offense shall determine prior conviction status if practicable.
If the original jury has been discharged, the court must impanel a new jury to hear the prior conviction allegations.
III. PROCEDURES FOR DENIAL OF PRIOR CONVICTIONS
If the defendant denies prior felony convictions, a jury must determine the validity of the allegations in a separate hearing.
The prosecution has the burden of proving prior convictions beyond a reasonable doubt.
The defendant’s decision not to testify on the substantive offense does not impact the jury's requirement to determine prior convictions separately.
IV. ADMISSION OF PRIOR CONVICTIONS BY DEFENDANT
If the defendant admits to prior felony convictions during testimony on the substantive offense, the admission may only be used to assess credibility.
The prosecuting attorney must still prove the prior conviction beyond a reasonable doubt at the sentencing hearing.
If the same jury that heard the defendant’s admission is determining prior conviction status, the court must instruct the jury:
The admission affects credibility only.
The prosecution must provide independent evidence of the prior convictions.
V. PROCEDURES WHEN PRIOR CONVICTIONS ARE DISCOVERED AFTER GUILTY VERDICT
If the prosecution learns of prior felony convictions only after the guilty verdict but before sentencing, it may file a new information alleging prior convictions.
The court must arraign the defendant on the new allegations.
If the defendant denies the prior convictions, the court must impanel a jury to determine the issue before sentencing.
VI. APPLICABILITY AND EFFECTIVE DATE
Applies to sentencing hearings conducted on or after the effective date of this act.
Takes effect immediately upon passage, as necessary for the preservation of public peace, health, and safety.
Summary
Under existing law, a person convicted of certain prior offenses
may be adjudged a habitual criminal and subject to enhanced sentencing. A jury determines whether the defendant committed the substantive offense charged, and the trial judge determines whether the defendant has been previously convicted as alleged. The bill requires a jury to determine whether the defendant has been previously convicted as alleged for the purpose of determining whether the defendant is a habitual criminal.
