Require Jury to Determine Prior Convictions

Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. The act requires a jury, in a habitual proceeding that is separate from the trial of the charged substantive offense and for the purpose of determining whether the defendant is a habitual criminal, to determine whether the defendant has been previously convicted as alleged, 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 act repeals the process for a judge to try the issue of whether a person is a habitual offender when the prosecuting attorney learns of a prior felony conviction after a guilty verdict but prior to the person being sentenced.

The act appropriates $17,500 from the general fund to the judicial department for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions.

(Note: This summary applies to this bill as enacted.)