The right of a person who is accused of an offense other than a noncriminal traffic infraction or offense, civil infraction, or offense other than a municipal charter, municipal ordinance, or county ordinance violation as provided in section 16-10-109 (1), to have a trial by jury is inviolate and a matter of substantive due process of law as distinguished from one of practice and procedure. The people also have the right to refuse to consent to a waiver of a trial or sentencing determination by jury in all cases in which the accused has the right to request a trial or sentencing determination by jury.

Source: L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-10-101. L. 82: Entire section amended, p. 655, § 5, effective January 1, 1983. L. 88: Entire section amended, p. 667, § 1, effective July 1. L. 89: Entire section amended, p. 828, § 35, effective July 1. L. 2001: Entire section amended, p. 859, § 7, effective July 1. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 16, § 11, effective July 12. L. 2022: Entire section amended, (HB 22-1229), ch. 68, p. 342, § 14, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.