Colorado Code
Part 11 - Special Proceedings - Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant Is a Mentally Retarded Defendant
§ 18-1.3-1103. Mentally Retarded Defendant or Defendant With an Intellectual and Developmental Disability - Death Penalty Not Imposed

A sentence of death shall not be imposed upon any defendant who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability pursuant to section 18-1.3-1102. If any person who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability is found guilty of a class 1 felony, such defendant shall be sentenced to life imprisonment.
Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 470, § 4, effective August 8.
Editor's note: This section is similar to former § 16-9-403 as it existed prior to 2002.
Cross references: For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.

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Structure Colorado Code

Colorado Code

Title 18 - Criminal Code

Article 1.3 - Sentencing in Criminal Cases

Part 11 - Special Proceedings - Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant Is a Mentally Retarded Defendant

§ 18-1.3-1101. Definitions

§ 18-1.3-1102. Pretrial Motion by Defendant in Class 1 Felony Case - Determination Whether Defendant Is Mentally Retarded or Has an Intellectual and Developmental Disability - Procedure

§ 18-1.3-1103. Mentally Retarded Defendant or Defendant With an Intellectual and Developmental Disability - Death Penalty Not Imposed

§ 18-1.3-1104. Evaluation and Report

§ 18-1.3-1105. Evaluation at Insistence of Defendant