(1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings:
(a) Concerning any juvenile ten years of age or older who has violated:
Any federal or state law, except nonfelony state traffic, game and fish, and parks andrecreation laws or rules; the offense specified in section 18-13-122, concerning the illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person; the offenses specified in section 18-18-406 (5)(a)(I), (5)(b)(I), and (5)(b)(II), concerning marijuana and marijuana concentrate; and the civil infraction in section 18-7-109 (3), concerning exchange of a private image by a juvenile;
Any county or municipal ordinance except traffic ordinances, the penalty for whichmay be a jail sentence of more than ten days; or
Any lawful order of the court made under this title;
(b) Concerning any juvenile to which section 19-2-518 applies; except that, after filing charges in the juvenile court but prior to the time that the juvenile court conducts a transfer hearing, the district attorney may file the same or different charges against the juvenile by direct filing of an information in the district court or by indictment pursuant to section 19-2-517. Upon said filing or indictment in the district court, the juvenile court shall no longer have jurisdiction over proceedings concerning said charges.
The juvenile court shall have limited jurisdiction in matters to which section 19-2517 applies.
The fact that a juvenile has been prosecuted or convicted in the county court for anonfelony violation under title 42, C.R.S., shall not be a bar to a subsequent or parallel proceeding under this title for delinquent acts arising out of the same criminal episode; nor shall proceedings under this title be a bar to a subsequent or parallel prosecution in the county court for a nonfelony violation under title 42, C.R.S., for the same delinquent acts arising from the same criminal episode.
Notwithstanding any other provision of this section to the contrary, the juvenile courtmay exercise jurisdiction over a juvenile who is under sixteen years of age and who has violated a traffic law or ordinance if his or her case is transferred to the juvenile court from the county court. Such a transfer shall be subject to approval by the juvenile court.
Notwithstanding any other provision of this section to the contrary, the juvenile courtand the county court shall have concurrent jurisdiction over a juvenile who is under eighteen years of age and who is charged with a violation of section 18-13-122, 18-18-406 (5)(a)(I), (5)(b)(I), and (5)(b)(II), 18-18-428, 18-18-429, 18-18-430, or 42-4-1301, C.R.S.; except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction shall terminate.
The juvenile court may retain jurisdiction over a juvenile until all orders have beenfully complied with by such person, or any pending cases have been completed, or the statute of limitations applicable to any offense that may be charged has run, regardless of whether such person has attained the age of eighteen years, and regardless of the age of such person.
This section shall not be construed to confer any jurisdiction upon the court over aperson for any offense committed after the person attains the age of eighteen years.
Notwithstanding any other provision of this section to the contrary, the juvenile courtmay exercise jurisdiction over a juvenile to determine the legal custody of a juvenile or to appoint a guardian of the person or legal custodian of any child who comes within the juvenile court's jurisdiction under the provisions of section 19-1-104.
Source: L. 96: Entire article amended with relocations, p. 1596, § 1, effective January 1, 1997. L. 99: (5) amended, p. 1375, § 12, effective July 1. L. 2004: (5) amended, p. 1131, § 3, effective July 1. L. 2010: (1)(a)(I) amended, (HB 10-1352), ch. 259, p. 1175, § 22, effective August 11. L. 2013: (1)(a)(I) and (5) amended, (SB 13-250), ch. 333, p. 1936, § 56, effective October 1. L. 2014: (1)(a)(I) amended, (SB 14-129), ch. 387, p. 1938, § 9, effective June 6. L. 2017: (8) added, (HB 17-1110), ch. 137, p. 459, § 2, effective August 9; (1)(a)(I) amended, (HB 17-1302), ch. 390, p. 2016, § 5, effective January 1, 2018. L. 2020: IP(1) and (1)(a)(I) amended, (HB 20-1001), ch. 302, p. 1517, § 14, effective July 14.
Editor's note: (1) This section was formerly numbered as 19-2-102. Prior to relocation in 1996, the said section 19-2-102 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-104 and 19-3-118 as said sections existed in 1986, the year prior to the repeal and reenactment of this title.
The former section 19-2-104 was relocated to section 19-2-106 when this article wasamended with relocations in 1996.
Section 19 of chapter 302 (HB 20-1001), Session Laws of Colorado 2020, providesthat the act changing this section applies to offenses committed on or after July 14.
Cross references: For the legislative declaration in HB 17-1302, see section 1 of chapter 390, Session Laws of Colorado 2017.