Colorado Repeals Death Penalty

On February 26, 2020, the Colorado Legislature voted to repeal the death penalty for crimes committed after July 1, 2020. See Jesse Lamp, Colorado Legislature votes to abolish death sentence, awaiting governor’s signature, Jurist, Feb. 29, 2020, https://www.jurist.org/news/2020/02/colorado-legislature-votes-to-abolish-death-sentence-awaiting-governors-signature/. On March 23, 2020, Gov. Jared Polis signed the bill into law. See Neil Vigdor, Colorado Abolishes Death Penalty and Commutes Sentences of Death Row Inmates, N.Y. Times, Mar. 23, 2020, https://www.nytimes.com/2020/03/23/us/colorado-death-penalty-repeal.html.

Previously, only class 1 felonies were punishable by death. See C.R.S. § 18-1.3-401. This included crimes like:

· Murder in the first degree – § 18-3-102

· First degree murder of a peace officer or fireman – § 18-3-107(1)

· Child abuse causing death of a child under 12 – § 18-6-401(7)(c)

· Assault during escape – § 18-8-206(1)(a)

· Treason – § 18-11-101

Under the new law, the maximum sentence a person can receive for these crimes is life in prison. Some even require life in prison. See § 18-3-107(3).

What if I have already been convicted of a crime previously punishable by death and am awaiting sentencing?

If you committed a class 1 felony prior to July 1, 2020, you will likely face the death penalty as a potential punishment in some circumstances. For example, if you were convicted of first degree murder of a peace officer committed prior to July 1, 2020, and a jury imposed the death penalty, the court must sentence you to death. See § 18-3-107(3). However, in addition to abolishing the death penalty, Gov. Polis also commuted the sentence of the three people in Colorado currently sentenced to death. See Vigdor, supra. So, while you may face the death penalty in certain circumstances for crimes committed prior to July 1, 2020, you can likely successfully petition the governor to commute your sentence.