Colorado § 19-2.5-905 - Evidentiary considerations.

§ 19-2.5-905. Evidentiary considerations.

(1) All statutes and rules of this state that apply to evidentiary considerations in adult criminal proceedings apply to proceedings pursuant to this title 19 except as otherwise specifically provided.

(2) In any case brought pursuant to this title 19, the credibility of any witness may be challenged because of the witness's prior adult felony convictions and juvenile felony adjudications. The fact of such conviction or adjudication may be proved either by the witness through testimony or by other competent evidence.

(3) Prior to the juvenile resting the juvenile's case, the trial court shall advise the juvenile outside the presence of the jury that:

(a) The juvenile has a right to testify in the juvenile's own behalf;

(b) If the juvenile wants to testify, no one, including the juvenile's attorney, can prevent the juvenile from doing so;

(c) If the juvenile testifies, the prosecutor will be allowed to cross-examine the juvenile;

(d) If the juvenile has been convicted or adjudicated for a felony, the prosecutor is entitled to ask the juvenile about it and thereby disclose it to the jury;

(e) If a felony conviction or adjudication is disclosed to the jury, the jury can be instructed to consider it only as it bears upon the juvenile's credibility;

(f) The juvenile has a right not to testify and that, if the juvenile does not testify, the jury must be instructed about such right.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 624, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-802 as it existed prior to 2021.

ANNOTATION

Annotator's note. The following annotations include a case decided under former provisions similar to this section.

Evidentiary provisions of the Colorado Children's Code are no longer applicable once case is transferred to district court. Trial court erred in ruling that if defendant were to testify in his own defense in district court, his prior juvenile adjudication may be used to impeach him. People v. Armand, 873 P.2d 7 (Colo. App. 1993).

Serious constitutional concerns would result if district court were to apply the provisions of the Colorado Children's Code to a case that was first initiated under the code and then transferred to district court. Adult could not be impeached with a juvenile adjudication but juvenile tried as an adult could. People v. Armand, 873 P.2d 7 (Colo. App. 1993).

The provisions of the Colorado Code of Criminal Procedure, articles 1 to 13 of title 16, do not apply to the Colorado Children's Code unless expressly indicated in the Criminal Procedure Code. This section does not conflict with § 16-1-102. In re People in Interest of A.A., 2013 CO 65, 312 P.3d 1170.