Section 19-2.5-103 - Jurisdiction(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:(I) Any federal or state law, except nonfelony state traffic, game and fish, and parks and recreation 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)(b)(I) and (5)(b)(II), concerning marijuana and marijuana concentrate; the offenses specified in section 18-18-434 concerning natural medicine and natural medicine product; and the civil infraction in section 18-7-109 (3), concerning exchange of a private image by a juvenile;(II) Any county or municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence of more than ten days; or(III) Any lawful order of the court made pursuant to this title 19;(b) Concerning a juvenile to whom section 19-2.5-802 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 19-2.5-801. Upon such filing or indictment in the district court, the juvenile court no longer has jurisdiction over proceedings concerning such charges.(2) The juvenile court has limited jurisdiction in matters to which section 19-2.5-801 applies.(3) The fact that a juvenile has been prosecuted or convicted in the county court for a nonfelony violation pursuant to title 42 is not a bar to a subsequent or parallel proceeding pursuant to this title 19 for delinquent acts arising out of the same criminal episode; nor are proceedings pursuant to this title 19 a bar to a subsequent or parallel prosecution in the county court for a nonfelony violation pursuant to title 42 for the same delinquent acts arising from the same criminal episode.(4) Notwithstanding any other provision of this section to the contrary, the juvenile court may exercise jurisdiction over a juvenile who is under sixteen years of age and who has violated a traffic law or ordinance if the juvenile's case is transferred to the juvenile court from the county court. Such a transfer is subject to approval by the juvenile court.(5) Notwithstanding any other provision of this section to the contrary, the juvenile court and the county court 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)(b)(I) and (5)(b)(II), 18-18-428, 18-18-429, 18-18-430, 18-18-434, or 42-4-1301; except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction terminates.(6) The juvenile court may retain jurisdiction over a juvenile until all orders have been fully 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.(7) This section does not confer any jurisdiction upon the court over a person for any offense committed after the person attains the age of eighteen years.(8) Notwithstanding any other provision of this section to the contrary, the juvenile court may 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 pursuant to section 19-1-104.(9) If a juvenile is charged with a civil infraction and is not charged with an additional offense that would constitute a criminal offense if charged against an adult, the county court has jurisdiction over the civil infraction.Amended by 2023 Ch. 249,§ 36, eff. 7/1/2023.Renumbered from C.R.S. § 19-2-104 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2021 Ch. 462, § 388, eff. 3/1/2022.Amended by 2021 Ch. 462, § 387, eff. 3/1/2022.Amended by 2021 Ch. 157, § 5, eff. 5/20/2021.Amended by 2020 Ch. 302, § 14, eff. 7/14/2020.Amended by 2017 Ch. 390, § 5, eff. 1/1/2018.Amended by 2017 Ch. 137, § 2, eff. 8/9/2017.Amended by 2014 Ch. 387, § 9, eff. 6/6/2014 and applicable to offenses committed on or after 7/1/2014.Amended by 2013 Ch. 333, § 56, eff. 10/1/2013.L. 2021: (1)(a)(I) and (5) amended, (HB 21-1090), ch. 901, p. 901, § 5, effective May 20; entire article added with relocations, (SB 21-059), ch. 564, p. 564, § 2, effective October 1; (9) added, (SB 21-271), ch. 3220, p. 3220, § 388, effective March 1, 2022.(1) This section is similar to former § 19-2-104 as it existed prior to 2021.
(2) Subsections (1)(a)(I) and (5) were numbered as 19-2-104(1)(a)(I) and (5) in HB 21-1090 (see L. 2021, p. 901 ). Those provisions were harmonized with subsections (1)(a)(I) and (5) of this section as they appear in SB 21-059.
(3) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 17-1302, see section 1 of chapter 390, Session Laws of Colorado 2017.