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. 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 , in a separate habitual proceeding, to determine whether the defendant has been previously convicted as alleged for the purpose of determining whether the defendant is a habitual criminal. 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 bill 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 bill appropriates $17,500 from the general fund to the judicial department.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)