§ 19-2.5-905 — Evidentiary considerations

Colorado § 19-2.5-905

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: The Colorado Juvenile Justice System

Text

(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.

Legislative History

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