Right to jury trial.

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(1) In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2-516, or is alleged to have committed an act that would constitute a crime of violence, as defined in section 18-1.3406, C.R.S., if committed by an adult, the juvenile or the district attorney may demand a trial by a jury of not more than six persons except as provided in section 19-2-601 (3)(a), or the court, on its own motion, may order such a jury to try any case brought under this title, except as provided in subsection (2) of this section.

  1. The juvenile is not entitled to a trial by jury when the petition alleges a delinquent actwhich is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order.

  2. Unless a jury is demanded pursuant to subsection (1) of this section, it shall be deemed waived.

  3. Notwithstanding any other provisions of this article, in any action in delinquency inwhich a juvenile requests a jury pursuant to this section, the juvenile shall be deemed to have waived the sixty-day requirement for holding the adjudicatory trial established in section 19-2708. In such a case, the juvenile's right to a speedy trial shall be governed by section 18-1-405, C.R.S., and rule 48 (b) of the Colorado rules of criminal procedure.

Source: L. 96: Entire article amended with relocations, p. 1598, § 1, effective January 1, 1997. L. 2002: (1) amended, p. 1523, § 225, effective October 1.

Editor's note: This section was formerly numbered as 19-2-501. Prior to relocation in 1996, the said section 19-2-501 was contained in a title that was repealed and reenacted in 1987.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 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.


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