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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0809.01 Jacob Baus x2173 HOUSE BILL 26-1288
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES RELATED TO JURY SELECTION.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill establishes certain requirements for jury questionnaires
that are completed prior to conducting voir dire.
The bill requires a minimum amount of time for each party to
conduct voir dire. The bill establishes the lengths of required time for
civil cases and criminal cases, with the lengths of required time for
criminal cases depending upon whether the most serious charge is a petty
offense or municipal violation, misdemeanor, or felony.
The bill permits the court to authorize more time for each party to
HOUSE SPONSORSHIP
Joseph and Carter,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
conduct voir dire than is required, subject to certain requirements.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Coloradans have the right to a fair trial;4
(b) One of the primary ways to preserve the right to a fair trial is5
to ensure that a jury is free of bias and prejudice;6
(c) Obtaining a jury that is free of bias and prejudice is contingent7
upon voir dire;8
(d) Modernizing voir dire to establish minimum time requirements9
and prescreening questionnaires will help courts and parties identify bias10
and prejudice and improve judicial efficiency by reducing mid-trial bias11
challenges and mistrials; and12
(e) Establishing prescreening questionnaires allows potential13
jurors to disclose their personal history in a confidential manner,14
especially potential jurors who are victims of abuse or other traumas.15
SECTION 2. In Colorado Revised Statutes, add 16-10-102.5 as16
follows:17
16-10-102.5. Voir dire requirements - definitions.18
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE19
REQUIRES:20
(a) "MISDEMEANOR" MEANS A MISDEMEANOR OFFENSE , EXCEPT21
FOR A MISDEMEANOR OFFENSE THAT IS "UNLAWFUL SEXUAL BEHAVIOR" AS22
DEFINED IN SECTION 16-22-102 (9) OR A MISDEMEANOR IN WHICH THE23
UNDERLYING FACTUAL BASIS WAS FOUND BY THE COURT TO INCLUDE AN24
ACT OF "DOMESTIC VIOLENCE" AS DEFINED IN SECTION 18-6-800.3 (1).25
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(b) "PETTY OFFENSE" HAS THE MEANING SET FORTH IN SECTION1
16-10-109 (1) AND INCLUDES A VIOLATION OF A MUNICIPAL ORDINANCE.2
(2) (a) PRIOR TO VOIR DIRE, THE COURT SHALL REQUIRE POTENTIAL3
JURORS TO COMPLETE A WRITTEN QUESTIONNAIRE IF EITHER THE4
DEFENDANT OR THE PROSECUTION SUBMITS A WRITTEN REQUEST TO THE5
COURT THAT POTENTIAL JURORS COMPLETE A WRITTEN QUESTIONNAIRE6
PRIOR TO VOIR DIRE.7
(b) A T A MINIMUM , THE QUESTIONNAIRE MUST REQUEST THE8
POTENTIAL JUROR'S DEMOGRAPHIC INFORMATION. THE DEFENDANT AND9
THE PROSECUTION SHALL NEGOTIATE IN GOOD FAITH ABOUT ALL OTHER10
QUESTIONS INCLUDED IN THE QUESTIONNAIRE.11
(c) (I) IF THE DEFENDANT AND THE PROSECUTION AGREE TO ALL OF12
THE QUESTIONS TO BE INCLUDED IN THE QUESTIONNAIRE , THE COURT13
SHALL REQUIRE POTENTIAL JURORS TO COMPLETE THE QUESTIONNAIRE14
THAT WAS AGREED TO BY THE DEFENDANT AND THE PROSECUTION, EXCEPT15
FOR A QUESTION THAT THE COURT DETERMINES IS UNLAWFUL.16
(II) IF THE DEFENDANT AND THE PROSECUTION DO NOT AGREE TO17
ALL OF THE QUESTIONS TO BE INCLUDED IN THE QUESTIONNAIRE , THE18
COURT SHALL DETERMINE WHICH QUESTIONS ARE INCLUDED IN THE19
QUESTIONNAIRE AND REQUIRE POTENTIAL JURORS TO COMPLETE THE20
QUESTIONNAIRE.21
(d) P RIOR TO VOIR DIRE , THE COURT SHALL PROVIDE THE22
DEFENDANT AND THE PROSECUTION WITH A REASONABLE AMOUNT OF TIME23
TO REVIEW THE COMPLETED QUESTIONNAIRES.24
(3) (a) F OR VOIR DIRE, THE DEFENDANT AND THE PROSECUTION25
ARE EACH ENTITLED TO AT LEAST:26
(I) T WENTY MINUTES FOR A CASE IN WHICH THE MOST SERIOUS27
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CHARGE IS A PETTY OFFENSE;1
(II) T HIRTY MINUTES FOR A CASE IN WHICH THE MOST SERIOUS2
CHARGE IS A MISDEMEANOR; AND3
(III) ONE HOUR FOR A CASE IN WHICH THE MOST SERIOUS CHARGE4
IS A FELONY , A MISDEMEANOR OFFENSE THAT IS "UNLAWFUL SEXUAL5
BEHAVIOR" AS DEFINED IN SECTION 16-22-102 (9), OR A MISDEMEANOR6
OFFENSE IN WHICH THE UNDERLYING FACTUAL BASIS WAS FOUND BY THE7
COURT TO INCLUDE AN ACT OF "DOMESTIC VIOLENCE " AS DEFINED IN8
SECTION 18-6-800.3 (1).9
(b) T HE DEFENDANT OR THE PROSECUTION IS NOT REQUIRED TO10
USE THEIR MINIMUM ENTITLEMENT OF TIME PURSUANT TO SUBSECTION11
(3)(a) OF THIS SECTION.12
(4) (a) THE DEFENDANT OR THE PROSECUTION MAY REQUEST THE13
COURT TO AUTHORIZE MORE TIME FOR VOIR DIRE THAN THEY ARE14
ENTITLED TO PURSUANT TO SUBSECTION (3) OF THIS SECTION. INCLUDED15
WITH ITS REQUEST TO THE COURT, THE DEFENDANT OR THE PROSECUTION16
SHALL PROVIDE A GOOD CAUSE REASON FOR THE EXTRA TIME.17
(b) A COURT MAY DENY THE REQUEST MADE PURSUANT TO18
SUBSECTION (4)(a) OF THIS SECTION IF THE COURT MAKES ORAL FINDINGS19
THAT THE DEFENDANT OR THE PROSECUTION REQUESTING THE EXTRA TIME20
DID NOT PROVIDE A GOOD CAUSE REASON FOR THE EXTRA TIME BASED ON21
THE NATURE OF THE CASE OR OTHER FACTORS DEEMED APPROPRIATE BY22
THE COURT TO PROPERLY EFFECTUATE THE PURPOSES OF VOIR DIRE.23
(c) IF A COURT GRANTS A PARTY'S REQUEST MADE PURSUANT TO24
SUBSECTION (4)(a) OF THIS SECTION, THE COURT SHALL ENSURE THAT THE25
OTHER PARTY RECEIVES THE SAME AMOUNT OF EXTRA TIME; EXCEPT THAT26
NEITHER PARTY IS REQUIRED TO USE THEIR EXTRA TIME.27
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(d) A COURT MAY TERMINATE THE EXTRA TIME FOR THE1
DEFENDANT OR THE PROSECUTION IF THE COURT DETERMINES THAT THE2
DEFENDANT'S OR THE PROSECUTION'S EXAMINATION DURING THE EXTRA3
TIME IS REPETITIVE, IRRELEVANT, UNREASONABLY LENGTHY, ABUSIVE, OR4
OTHERWISE IMPROPER.5
SECTION 3. In Colorado Revised Statutes, 13-71-115, add (4)6
as follows:7
13-71-115. Juror questionnaires.8
(4) (a) IN A CIVIL ACTION, PRIOR TO VOIR DIRE, THE COURT SHALL9
REQUIRE POTENTIAL JURORS TO COMPLETE A WRITTEN QUESTIONNAIRE IF10
EITHER PARTY SUBMITS A WRITTEN REQUEST TO THE COURT THAT11
POTENTIAL JURORS COMPLETE A WRITTEN QUESTIONNAIRE PRIOR TO VOIR12
DIRE.13
(b) A T A MINIMUM , THE QUESTIONNAIRE MUST REQUEST THE14
POTENTIAL JUROR 'S DEMOGRAPHIC INFORMATION . THE PARTIES SHALL15
NEGOTIATE IN GOOD FAITH ABOUT ALL OTHER QUESTIONS INCLUDED IN16
THE QUESTIONNAIRE.17
(c) (I) I F THE PARTIES AGREE TO ALL OF THE QUESTIONS TO BE18
INCLUDED IN THE QUESTIONNAIRE, THE COURT SHALL REQUIRE POTENTIAL19
JURORS TO COMPLETE THE QUESTIONNAIRE THAT WAS AGREED TO BY THE20
PARTIES, EXCEPT FOR A QUESTION THAT THE COURT DETERMINES IS21
UNLAWFUL.22
(II) IF THE PARTIES DO NOT AGREE TO ALL OF THE QUESTIONS TO23
BE INCLUDED IN THE QUESTIONNAIRE , THE COURT SHALL DETERMINE24
WHICH QUESTIONS ARE INCLUDED IN THE QUESTIONNAIRE AND REQUIRE25
POTENTIAL JURORS TO COMPLETE THE QUESTIONNAIRE.26
(d) PRIOR TO VOIR DIRE, THE COURT SHALL PROVIDE THE PARTIES27
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WITH A REASONABLE AMOUNT OF TIME TO REVIEW THE COMPLETED1
QUESTIONNAIRES.2
SECTION 4. In Colorado Revised Statutes, add 13-71-115.5 as3
follows:4
13-71-115.5. Voir dire requirements.5
(1) IN A CIVIL CASE, EACH PARTY IS ENTITLED TO AT LEAST ONE6
HOUR FOR VOIR DIRE.7
(2) (a) E ITHER PARTY MAY REQUEST THE COURT TO AUTHORIZE8
MORE TIME FOR VOIR DIRE THAN THEY ARE ENTITLED TO PURSUANT TO9
SUBSECTION (1) OF THIS SECTION . INCLUDED WITH ITS REQUEST TO THE10
COURT, THE PARTY SHALL PROVIDE A GOOD CAUSE REASON FOR THE11
EXTRA TIME.12
(b) A COURT MAY DENY THE REQUEST MADE PURSUANT TO13
SUBSECTION (2)(a) OF THIS SECTION IF THE COURT MAKES ORAL FINDINGS14
THAT PARTY REQUESTING THE EXTRA TIME DID NOT PROVIDE A GOOD15
CAUSE REASON FOR THE EXTRA TIME BASED ON THE NATURE OF THE CASE16
OR OTHER FACTORS DEEMED APPROPRIATE BY THE COURT TO PROPERLY17
EFFECTUATE THE PURPOSES OF VOIR DIRE.18
(c) I F A COURT GRANTS A REQUEST MADE PURSUANT TO19
SUBSECTION (2)(a) OF THIS SECTION , THE COURT SHALL ENSURE THAT20
BOTH PARTIES RECEIVE THE SAME AMOUNT OF EXTRA TIME; EXCEPT THAT21
NEITHER PARTY IS REQUIRED TO USE THEIR EXTRA TIME.22
(d) A COURT MAY TERMINATE THE EXTRA TIME FOR A PARTY IF THE23
COURT DETERMINES THAT THE PARTY'S EXAMINATION DURING THE EXTRA24
TIME IS REPETITIVE, IRRELEVANT, UNREASONABLY LENGTHY, ABUSIVE, OR25
OTHERWISE IMPROPER.26
SECTION 5. Effective date. This act takes effect July 1, 2026,27
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and applies to trials that commence on or after said date.1
SECTION 6. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
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