Peremptory challenges

16-10-104. Peremptory challenges. (1) (a) In capital cases and in cases in which the defendant is charged with murder in the first degree, the state and the defendant, when there is one defendant, are each entitled to ten peremptory challenges. In all other cases where there is one defendant and the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, the state and the defendant are each entitled to five peremptory challenges, and in all other cases to three peremptory challenges. (b) (I) If there is more than one defendant in a case: (A) In capital cases and in cases in which a defendant is charged with murder in the first degree, each side is entitled to an additional three peremptory challenges for every defendant after the first, but not exceeding twenty peremptory challenges to each side; (B) In all other cases where the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, each side is entitled to two additional peremptory challenges for every defendant after the first, not exceeding fifteen peremptory challenges to each side; and (C) In all other cases, each side is entitled to one additional peremptory challenge for every defendant after the first, not exceeding ten peremptory challenges to each side. (II) In any case where there are multiple defendants, every peremptory challenge shall be made and considered as the joint peremptory challenge of all defendants. (c) In case of the consolidation of any indictments, informations, complaints, or summonses and complaints for trial, the consolidated cases shall be considered, for all purposes concerning peremptory challenges, as though the defendants had been joined in the same indictment, information, complaint, or summons and complaint. (d) When trial is held on a plea of not guilty by reason of insanity, the number of peremptory challenges is the same as if trial were on the issue of substantive guilt. (2) Peremptory challenges shall be exercised as provided by applicable rule of criminal procedure. Source: L. 72: R&RE, p. 237, � 1. C.R.S. 1963: � 39-10-104. L. 79: (1) amended, p. 678, � 3, effective July 1. L. 81: (1) amended, p. 890, � 3, effective July 1. L. 85: (1) amended, p. 617, � 9, effective July 1. L. 2024: (1) amended, (HB 24-1225), ch. 130, p. 459, � 2, effective December 17 (see editor's note). Editor's note: Section 3 of chapter 130, Session Laws of Colorado 2024, provides that amendments to subsection (1) are effective only if House Concurrent Resolution 24-1002 is approved by the people at the November 2024 statewide election, in which case the amendments take effect on the date of the official declaration of the vote thereon by the governor. That resolution was approved by a vote of the registered electors of Colorado on November 5, 2024, as Amendment I. Amendments to subsections (1) were effective upon the proclamation of the Governor, December 17, 2024, see L. 2025, p. 3633. The vote count for the measure was as follows: FOR: 2,058,063 AGAINST: 953,652