§ 16-10-105 — Alternate jurors

The court may direct that a sufficient number of
jurors in addition to the regular jury be called and impaneled to sit as alternate
jurors. Alternate jurors in the order in which they are called shall replace jurors who,
prior to the time the jury retires to consider its verdict, become unable or
disqualified to perform their duties. Alternate jurors shall be drawn in the same
manner, shall have the same qualifications, shall be subject to the same
examination and challenges, shall take the same oath, and shall have the same
functions, powers, facilities, and privileges as the regular jurors. An alternate juror
shall be discharged when the jury retires to consider its verdict or at such time as
determined by the court. When alternate jurors are impaneled, each side is entitled
to one peremptory challenge in addition to those otherwise allowed by law. In a
case in which a class 1, 2, or 3 felony, as described in section 18-1.3-401 (1)(a)(IV) and
(1)(a)(V), C.R.S., is charged, and in a case in which a level 1 or level 2 drug felony as
described in section 18-1.3-401.5, C.R.S., is charged, and in any case in which a
felony listed in section 24-4.1-302 (1), C.R.S., is charged, the court shall impanel at
least one juror to sit as an alternate if requested by any party.

Legislative History

Source: L. 72: R&RE, p. 237, � 1. C.R.S. 1963: � 39-10-105. L. 90: Entire section amended, p. 924, � 5, effective March 27. L. 91: Entire section amended, p. 429, � 6, effective May 24. L. 2012: Entire section amended, (HB 12-1310), ch. 268, p. 1394, � 7, effective June 7. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1930, � 44, effective October 1. L. 2014: Entire section amended, (SB 14-163), ch. 391, p. 1969, � 3, effective June 6.