The right of a person who is accused of an offense other than a noncriminal traffic infraction or offense, or other than a municipal charter, municipal ordinance, or county ordinance violation as provided in section 16-10-109 (1), to have a trial by jury is inviolate and a matter of substantive due process of law as distinguished from one of "practice and procedure". The people shall also have the right to refuse to consent to a waiver of a trial or sentencing determination by jury in all cases in which the accused has the right to request a trial or sentencing determination by jury.
Source: L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-10-101. L. 82: Entire section amended, p. 655, § 5, effective January 1, 1983. L. 88: Entire section amended, p. 667, § 1, effective July 1. L. 89: Entire section amended, p. 828, § 35, effective July 1. L. 2001: Entire section amended, p. 859, § 7, effective July 1. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 16, § 11, effective July 12.
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.