• Courts & Judicial

AI Bill Version

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.

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.

• April 11, 2025: Senate Appropriations Committee Report
• March 26, 2025: Senate Judiciary Committee Report

• Past bill versions
• Past fiscal notes
• Committee activity and documents
• Bill History