Current through 11/5/2024 election
Section 19-2.5-905 - Evidentiary considerations(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.Renumbered from C.R.S. §19-2-802 and amended by 2021 Ch. 136,§2, eff. 10/1/2021.L. 2021: Entire article added with relocations, (SB 21-059), ch. 624, p. 624, § 2, effective October 1.This section is similar to former § 19-2-802 as it existed prior to 2021.