(1.5) Except as otherwise provided in subsection (5) of this section, every person convicted in this state of any class 1, 2, 3, 4, or 5 felony or level 1, 2, or 3 drug felony who, within ten years of the date of the commission of the said offense, has been twice previously convicted upon charges separately brought and tried, and arising out of separate and distinct criminal episodes, either in this state or elsewhere, of a felony or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony shall be adjudged an habitual criminal and shall be punished:
(2.5) Any person who is convicted and sentenced pursuant to subsection (2) of this section, or section 16-13-101 (2), C.R.S., as it existed prior to October 1, 2002, who is thereafter convicted of a felony which is a crime of violence pursuant to section 18-1.3-406, shall be adjudged an habitual criminal and shall be punished by a term in the department of corrections of life imprisonment. No person sentenced pursuant to this subsection (2.5) shall be eligible for parole until such person has served at least forty calendar years.
Source: L. 2002: Entire article added with relocations, p. 1426, § 2, effective October 1. L. 2002, 3rd Ex. Sess.: (1)(e) amended, p. 33, § 28, effective October 1. L. 2003: (2.5) amended, p. 978, § 16, effective April 17; IP(1)(a), (1.5), (2), and (2.5) amended, p. 1426, § 5, effective April 29. L. 2011: (2) amended, (SB 11-096), ch. 57, p. 151, § 1, effective March 25. L. 2012: (1.5) and (2)(a) amended and (5) added, (HB 12-1213), ch. 183, p. 695, § 1, effective May 17. L. 2013: (1)(a)(I)(A), (1.5), and (2) amended, (SB 13-250), ch. 333, p. 1927, § 36, effective October 1. L. 2014: (2)(b) amended, (SB 14-163), ch. 391, p. 1975, § 13, effective July 1. L. 2017: (5) amended, (HB 17-1330), ch. 374, p. 1937, § 1, effective August 9. L. 2019: (2)(b) amended, (HB 19-1263), ch. 291, p. 2681, § 8, effective March 1, 2020. L. 2020: (5) amended, (HB 20-1019), ch. 9, p. 28, § 11, effective March 6; (1)(e) amended, (SB 20-100), ch. 61, p. 211, § 11, effective March 23. L. 2021: (5) amended, (SB 21-146), ch. 459, p. 3086, § 10, effective July 6; (5) amended, (SB 21-059), ch. 136, p. 721, § 46, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(e), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.
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