1. (1) If the allegation of previous convictions of other felony offenses is included in an indictment or information and if a verdict of guilty of the substantive offense with which the defendant is charged is returned, the court shall conduct a separate habitual proceeding for a jury to determine whether or not the defendant has suffered the alleged previous felony convictions, whether the convictions were separately brought and tried, and whether the convictions arose out of separate and distinct criminal episodes. The habitual proceeding must be conducted before the same jury impaneled to try the substantive offense; except that, when necessary and as constitutionally permissible, a new jury may be impaneled. If a new jury is impaneled, the court shall hold the habitual proceeding as soon as practicable. The Colorado rules of evidence and Colorado rules of criminal procedure, including the discovery provisions of Colorado rule of criminal procedure 16, fully apply to habitual proceedings conducted pursuant to this section.
2. (2) An information or indictment seeking the increased penalties authorized by section 18-1.3-801 shall identify by separate counts each alleged former conviction and shall allege that the defendant on a date and at a place specified was convicted of a specific felony. If any such conviction was had outside this state, the information or indictment shall allege that the offense, if committed in this state, would be a felony.
3. (3) Upon arraignment of the defendant, such defendant shall be required to admit or deny that such defendant has been previously convicted of the crimes identified in the information or indictment. If the defendant refuses to admit or deny the previous convictions, such refusal shall be treated as a denial by such defendant that the defendant has been convicted as alleged. If the defendant admits to having been convicted as alleged in any count charging a previous conviction, no proof of such previous conviction is required. Such admission shall constitute conclusive proof in determining whether the defendant has been previously convicted of an alleged felony and the court shall sentence the defendant in accordance with section 18-1.3-801.

4. (4) If the defendant denies that they have been previously convicted as alleged in any count of an information or indictment, a jury shall determine by separate habitual proceeding and verdict whether the defendant has been convicted as alleged, whether the convictions were separately brought and tried, and whether the convictions arose out of separate and distinct criminal episodes. The procedure is as follows:

   1. (a) The jury shall render a verdict upon the issue of the defendant's guilt or innocence of the substantive offense charged;
   2. (b) If the verdict is that the defendant is guilty of the substantive offense charged, a jury shall try the issues of whether the defendant has been previously convicted as alleged. The prosecuting attorney has the burden of proving beyond a reasonable doubt that the defendant has been previously convicted as alleged, the convictions were separately brought and tried, and the convictions arose out of separate and distinct criminal episodes.

5. (5)

   1. (a) If, upon the trial of the issues upon the substantive offense charged, the defendant testifies in his or her own defense and denies that he or she has been previously convicted as alleged, the prosecuting attorney on rebuttal may present all evidence relevant to the issues of previous convictions for the sole purpose of impeachment of the defendant's credibility, subject to the rules governing admission of evidence at criminal trials.
   2. (b) If, upon the trial of the issues upon the substantive offense charged, the prosecuting attorney presents rebuttal evidence pursuant to subsection (5)(a) of this section or the defendant admits that the defendant has been previously convicted as alleged, the presentation or admission does not relieve the prosecuting attorney of the burden to prove beyond a reasonable doubt that the defendant has been previously convicted as alleged, the convictions were separately brought and tried, and the convictions arose out of separate and distinct criminal episodes. If, during the trial on the substantive offense, the jury has heard the defendant admit a previous conviction, the court shall instruct the jury that it may consider the admission only as it affects the defendant's credibility and that the prosecuting attorney must prove beyond a reasonable doubt the defendant's prior convictions by evidence independent of the admission.
6. (6) Repealed.

Source: L. 2002: Entire article added with relocations, p. 1428, § 2, effective October 1. L. 2025: (1), IP(4), (4)(b), and (5)(b) amended and (6) repealed, (SB 25-189), ch. 344, p. 1866, § 1, effective June 2.

Editor's note: (1) This section is similar to former § 16-13-103 as it existed prior to 2002.

(2) Section 4 of chapter 344 (SB 25-189), Session Laws of Colorado 2025, provides that the act changing this section applies to habitual proceedings on or after June 2, 2025.