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HB26-1052 • 2026

Rights for Victims of Certain Crimes

For purposes of the "Victim Rights Act", the bill prohibits a defendant or alleged offender from being the "lawful representative" of a victim or the victim's designee if the victim is a child or an a

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. R. Stewart, Rep. D. Woog
Last action
2026-02-03
Official status
House Committee on Judiciary Refer Amended to Appropriations
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information about enforcement mechanisms or variations in victims' rights based on individual cases.

Rights for Victims of Certain Crimes

This bill updates Colorado's Victim Rights Act to prevent defendants or alleged offenders from being legal representatives of child victims or at-risk adults, and it adds new rights for victims in certain situations.

What This Bill Does

  • Prevents a defendant or alleged offender from becoming the lawful representative of a victim if the victim is a child or an at-risk adult.
  • Gives victims the right to be notified by the district attorney when crime lab employees engage in wrongful actions that affect them.
  • Allows victims to use abbreviations, pseudonyms, initials, or preferred names during court hearings and communications for privacy reasons.
  • Enables victims to request retesting of forensic medical evidence if a crime lab employee engaged in wrongful action.
  • Ensures victims can be heard at court proceedings involving applications for subpoenas related to restitution records.

Who It Names or Affects

  • Victims of crimes, especially children and at-risk adults.
  • District attorneys who must notify victims about certain actions by crime lab employees.
  • Courts that handle cases where victims request privacy or retesting of evidence.

Terms To Know

Lawful representative
A person designated by a victim or appointed by the court to act in their best interests, excluding defendants and alleged offenders for child and at-risk adult victims.
Wrongful action
Actions taken by crime lab employees that are against the law or unethical.

Limits and Unknowns

  • The bill does not specify what happens if a victim's lawful representative is already appointed and becomes an alleged offender.
  • It remains unclear how this legislation will be enforced in practice.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Judiciary

Passed [*]

Plain English: The amendment to HB26-1052 updates the Victim Rights Act by adding new provisions related to restitution assessments and wrongful actions in crime laboratories, while also making minor edits to existing sections.

  • Adds a new provision (2)(cc) that includes a restitution assessment hearing held under Section 18-1.3-603.
  • Inserts language allowing victims to request retesting of forensic medical evidence if there was wrongful action by a crime lab employee in their case.
  • Modifies the definition of 'adult' and clarifies references to an offender as being specific to the underlying case.
  • The amendment text is technical, making it challenging to explain all changes without additional context.
L.002

HOU Judiciary

Passed [*]

Plain English: The amendment adds new sections to the bill that involve hearings related to certain criminal statutes and clarifies definitions for victims and offenders.

  • Adds new subsections (X), (XI), and (XII) involving specific types of hearings under different criminal statutes.
  • Inserts a new definition for 'adult' as defined in section 18-6.5-102.
  • Modifies the term 'offender' to specify it refers to the offender in the underlying case.
  • Adds a new right for victims to request the use of their preferred name during certain hearings.
  • The amendment text is technical and may require further context from the full bill to fully understand all implications.
L.004

HOU Judiciary

Passed [*]

Plain English: The amendment changes a part of the bill to remove certain language about medical evidence collection and notification.

  • Removes the requirement for notifying the victim or their designee about medical evidence collected and the district attorney's determination.
  • The exact impact of removing this specific clause is unclear without additional context from the rest of the bill.

Bill History

  1. 2026-02-03 House

    House Committee on Judiciary Refer Amended to Appropriations

  2. 2026-01-14 House

    Introduced In House - Assigned to Judiciary

Official Summary Text

For purposes of the "Victim Rights Act", the bill prohibits a defendant or alleged offender from being the "lawful representative" of a victim or the victim's designee if the victim is a child or an at-risk adult.
The bill creates new rights for a victim under the "Victim Rights Act", including the right to:
Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;
Be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings and in communications;
Request forensic medical evidence collected be retested if a crime laboratory employee engaged in wrongful action; and
Be heard at a court proceeding involving an application to the court for the issuance of a subpoena for restitution records.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0519.01 Shelby Ross x4510 HOUSE BILL 26-1052
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING CHANGES TO THE "VICTIM RIGHTS ACT".101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
For purposes of the "Victim Rights Act", the bill prohibits a
defendant or alleged offender from being the "lawful representative" of
a victim or the victim's designee if the victim is a child or an at-risk adult.
The bill creates new rights for a victim under the "Victim Rights
Act", including the right to:
! Be notified by the district attorney if the district attorney
receives a notice that a crime laboratory employee engaged
in a wrongful action that includes a crime against the
HOUSE SPONSORSHIP
Woog and Stewart R.,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
victim and a notice that an evidentiary hearing on
post-conviction petition for relief is held;
! Be referred to by an abbreviation, pseudonym, initials, or
another preferred name during hearings and in
communications;
! Request forensic medical evidence collected be retested if
a crime laboratory employee engaged in wrongful action;
and
! Be heard at a court proceeding involving an application to
the court for the issuance of a subpoena for restitution
records.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-4.1-302, amend2
(2)(e.5) and (3); and add (2)(aa) and (2)(bb) as follows:3
24-4.1-302. Definitions.4
As used in this part 3, and for no other purpose, including the5
expansion of the rights of any defendant:6
(2) "Critical stages" means the following stages of the criminal7
justice process:8
(e.5) Any subpoena or application for records concerning the9
victim's medical history, mental health, OR education; victim's10
compensation RECORDS; RESTITUTION RECORDS ; or records that are11
privileged pursuant to section 13-90-107;12
(aa) RECEIPT BY A DISTRICT ATTORNEY OF A NOTICE THAT A CRIME13
LABORATORY EMPLOYEE ENGAGED IN A WRONGFUL ACTION, AS DESCRIBED14
IN SECTION 16-12-307 (1);15
(bb) AN EVIDENTIARY HEARING ON POST -CONVICTION PETITION16
FOR RELIEF HELD PURSUANT TO SECTION 16-12-312.17
(3) "Lawful representative" means any person AN INDIVIDUAL who18
is designated by the victim or appointed by the court to act in the best19
HB26-1052-2-
interests of the victim; EXCEPT THAT IF THE VICTIM IS A CHILD OR AN1
AT-RISK ADULT , "LAWFUL REPRESENTATIVE " DOES NOT INCLUDE THE2
DEFENDANT OR ALLEGED OFFENDER.3
SECTION 2. In Colorado Revised Statutes, 24-4.1-302.5, amend4
(1)(b), (1)(b.4), (1)(d) introductory portion, and (1)(d)(VII); and add5
(1)(a.5) as follows:6
24-4.1-302.5. Rights afforded to victims - definitions.7
(1) In order to preserve and protect a victim's rights to justice and8
due process, each victim of a crime has the following rights:9
(a.5) THE RIGHT, IN ORDER TO PROTECT THE SAFETY OR PRIVACY10
OF A VICTIM, TO HAVE THE VICTIM REFERRED TO BY AN ABBREVIATION ,11
PSEUDONYM, INITIALS, OR ANOTHER PREFERRED NAME DURING HEARINGS12
AND IN COMMUNICATIONS;13
(b) The right to be informed of and be present by appearing in14
person, by phone, virtually by audio or video, or similar technology for15
all critical stages of the criminal justice process as specified in section16
24-4.1-302 (2); except that the victim shall have HAS the right to be17
informed of, without being present for, the critical stages described in18
section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n),19
(2)(p), (2)(q), (2)(r), and (2)(u), AND (2)(aa);20
(b.4) The right to be informed, pursuant to section 16-12-307, of21
wrongful action by REQUEST THE FORENSIC MEDICAL EVIDENCE22
COLLECTED IN THE VICTIM 'S CASE BE RETESTED IF a crime laboratory23
employee in a case involving a crime listed in section 24-4.1-302 (1)24
ENGAGED IN WRONGFUL ACTION PURSUANT TO SECTION 16-12-305;25
(d) The right to be heard at any A court proceeding:26
(VII) Involving any AN application to the court for the issuance of27
HB26-1052-3-
a subpoena for records concerning the victim's medical history, mental1
health, OR education; or RESTITUTION RECORDS ; victim compensation2
RECORDS; or any other records that are privileged pursuant to section3
13-90-107;4
SECTION 3. In Colorado Revised Statutes, 24-4.1-303, amend5
(1.5) and (14.5)(a.5) introductory portion; and add (11)(j) and (11)(k) as6
follows:7
24-4.1-303. Procedures for ensuring rights of victims of8
crimes.9
(1.5) If a crime victim is deceased or incapacitated, as defined in10
section 24-4.1-302 (5), one or more people, as described in section11
24-4.1-302 (6), MEMBERS OF THE VICTIM 'S IMMEDIATE FAMILY may12
represent the interests of the victim as the victim's designee. and may13
have A VICTIM'S DESIGNEE HAS the right to be informed, present, or heard14
at any proceeding pursuant to section 24-4.1-302.5 (1)(d), (1)(j), and15
(1)(j.5) and subsections (13.5)(a)(III), (13.5)(a)(IV), and (14)(d) of this16
section. IF THE VICTIM IS A CHILD OR AN AT -RISK ADULT, THE VICTIM 'S17
DESIGNEE MUST NOT BE THE DEFENDANT OR THE ALLEGED OFFENDER.18
(11) The district attorney shall inform a victim of the following:19
(j) THAT THE DISTRICT ATTORNEY RECEIVED NOTICE PURSUANT TO20
SECTION 16-12-307 (1) THAT A CRIME LABORATORY EMPLOYEE ENGAGED21
IN WRONGFUL ACTION AND A CRIMINAL CASE IDENTIFIED IN THE NOTICE22
INVOLVES A CRIME AGAINST THE VICTIM; AND23
(k) AN EVIDENTIARY HEARING ON POST-CONVICTION PETITION FOR24
RELIEF HELD PURSUANT TO SECTION 16-12-312.25
(14.5) (a.5) A party issuing a subpoena pursuant to rule 17 of the26
Colorado rules of criminal procedure for the production of the privileged27
HB26-1052-4-
records of a victim pursuant to section 13-90-107 or a subpoena1
requesting the compensation records of a victim pursuant to section2
24-4.1-107.5 OR RESTITUTION RECORDS OF A VICTIM PURSUANT TO3
SECTION 18-1.3-603 shall file with the court and serve on any AN4
opposing party:5
SECTION 4. In Colorado Revised Statutes, amend 16-12-307 as6
follows:7
16-12-307. Duty to notify victims.8
(1) When a district attorney receives a notice that a crime9
laboratory employee engaged in wrongful action and a criminal case10
identified in the notice involves a crime listed in section 24-4.1-302 (1),11
the district attorney shall as required in subsection (2) of this section,12
notify each victim of the crime about the investigation and the nature of13
the alleged wrongful action PURSUANT TO SECTION 24-4.1-302.5 (1)(b).14
THE DISTRICT ATTORNEY SHALL NOTIFY , PURSUANT TO SECTION15
24-4.1-302.5 (1)(b), THE VICTIM OF A CRIME LISTED IN SECTION 24-4.1-30216
(1) IF AN EVIDENTIARY HEARING ON POST -CONVICTION PETITION FOR17
RELIEF IS HELD PURSUANT TO SECTION 16-12-312.18
(2) The district attorney shall notify a victim pursuant to this19
section by personal service or registered mail at the victim's last-known20
address. The district attorney shall notify victims pursuant to this section21
in cases in which charges have been filed against the defendant but a22
criminal trial has not begun. The district attorney shall notify the victim23
as soon as practicable but not later than ninety-one days after the district24
attorney received the notice from the crime laboratory director or prior to25
the start of the trial if trial starts before the ninety-one days ends.26
SECTION 5. Act subject to petition - effective date. This act27
HB26-1052-5-
takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly (August2
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a3
referendum petition is filed pursuant to section 1 (3) of article V of the4
state constitution against this act or an item, section, or part of this act5
within such period, then the act, item, section, or part will not take effect6
unless approved by the people at the general election to be held in7
November 2026 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
HB26-1052-6-