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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0609.01 Owen Hatch x2698 HOUSE BILL 26-1101
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
CONCERNING ADDING CRIMINAL O FFENSES RELATED TO CRITICAL101
INFRASTRUCTURE COMPONENTS TO CRIMINAL OFFENSES102
INVOLVING COMMODITY METALS.103
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.)
The bill defines critical infrastructure related to commodity metals
and adds several different criminal offenses related to the sale of,
possession of, and failure to report stolen critical infrastructure.
The bill prohibits an owner, keeper, or proprietor (owner) of a junk
shop, junk store, salvage yard, or junk cart or other vehicle and every
SENATE
3rd Reading Unamended
April 7, 2026
SENATE
2nd Reading Unamended
April 6, 2026
HOUSE
3rd Reading Unamended
March 27, 2026
HOUSE
Amended 2nd Reading
March 26, 2026
HOUSE SPONSORSHIP
Espenoza and Soper, Gonzalez R., Marshall, McCluskie
SENATE SPONSORSHIP
Lindstedt and Pelton B., Amabile, Coleman, Frizell, Jodeh, Kipp, Roberts, Simpson,
Weissman
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.
collector of or dealer in junk, salvage, or other secondhand property who
buys a commodity metal that was part of critical infrastructure (buyer)
from paying cash for the commodity metal unless the seller is paid by
means of any process in which a picture of the seller is taken.
The bill prohibits a buyer from possessing a commodity metal that
was part of critical infrastructure without a certification from the seller or
donator of the commodity metal. A buyer who unknowingly takes
possession of commodity metals from critical infrastructure as part of a
load of otherwise non-commodity metals without a written certification
has a duty to notify the appropriate law enforcement agency or municipal
code enforcement agency.
An owner of a junk shop, junk store, salvage yard, or junk cart
must make their book or register available to a law enforcement agency
or municipal code enforcement agency upon request.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-13-111, amend2
(1)(a), (1)(b) introductory portion, (1)(c) introductory portion, (1)(c)(I),3
(1)(d)(I), (1)(d)(II), (1)(e), (1.3)(a) introductory portion, (1.3)(a)(I),4
(1.3)(a)(III), (1.3)(b), (1.5)(a), (1.5)(b), (2), (3) introductory portion, (4),5
(5) introductory portion, (5)(c), (5)(d), (6), (10)(a)(II), and (10)(a)(III);6
repeal (5)(e), (5)(f), (5)(g), (5)(h), and (8); and add (1.6), (3)(f), (5.5),7
(10)(a)(IV), and (14) as follows:8
18-13-111. Purchases of commodity metals, critical9
infrastructure material, or detached catalytic converters - violations10
- creation - composition - reports - legislative declaration -11
definitions.12
(1) (a) Except as otherwise provided in subsection (3) of this13
section, every owner, keeper, or proprietor of a junk shop, junk store,14
salvage yard, or junk cart or other vehicle and every collector of or dealer15
in junk, salvage, or other secondhand property shall keep a book or16
register detailing all transactions involving commodity metals, CRITICAL17
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INFRASTRUCTURE MATERIAL, or detached catalytic converters.1
(b) The owner, keeper, proprietor, collector, or dealer shall record2
the identification of a seller of commodity metals, CRITICAL3
INFRASTRUCTURE MATERIALS, or detached catalytic converters in the book4
or register and the method by which the seller verified the seller's identity.5
The seller shall verify the seller's identity by one of the following:6
(c) The owner, keeper, proprietor, collector, or dealer shall require7
the seller of a commodity metal, CRITICAL INFRASTRUCTURE MATERIAL,8
or detached catalytic converter to provide for the book or register:9
(I) A signed affidavit, sworn and affirmed under penalty of law,10
that the seller is the owner of the commodity metal, CRITICAL11
INFRASTRUCTURE MATERIAL, or detached catalytic converter or is12
otherwise entitled to sell the commodity metal, CRITICAL13
INFRASTRUCTURE MATERIAL, or detached catalytic converter. The owner,14
keeper, proprietor, collector, or dealer shall provide the affidavit form to15
the seller.16
(d) The owner, keeper, proprietor, collector, or dealer shall17
include the following in the book or register:18
(I) The date and place of each purchase of the commodity metal,19
CRITICAL INFRASTRUCTURE MATERIAL, or detached catalytic converter;20
and21
(II) The description and quantity of the commodity metal,22
CRITICAL INFRASTRUCTURE MATERIAL, or detached catalytic converter23
purchased.24
(e) The book or register shall be made available to any peace25
officer A LAW ENFORCEMENT AGENCY OR MUNICIPAL CODE ENFORCEMENT26
AGENCY for inspection at any reasonable time UPON REQUEST.27
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(1.3) (a) A purchaser of commodity metals, CRITICAL1
INFRASTRUCTURE MATERIALS, or detached catalytic converters shall:2
(I) Sign up with the scrap theft alert system maintained by the3
Institute of Scrap Recycling Industries, Incorporated, or its successor4
organization, to receive alerts regarding thefts of commodity metals,5
CRITICAL INFRASTRUCTURE MATERIALS, or detached catalytic converters6
in the purchaser's geographic area;7
(III) Use the alerts to identify potentially stolen commodity8
metals, CRITICAL INFRASTRUCTURE MATERIALS, or detached catalytic9
converters, including training the purchaser's employees to use the alerts10
during the purchaser's daily operations.11
(b) A purchaser of commodity metals, CRITICAL INFRASTRUCTURE12
MATERIALS, or detached catalytic converters shall maintain for ninety13
days copies of any theft alerts received and downloaded pursuant to14
subsection (1.3)(a) of this section. A purchaser shall also maintain15
documentation that the purchaser educates employees about, and provides16
to employees, scrap theft alerts.17
(1.5) (a) An owner, keeper, proprietor, collector, or dealer is18
permitted to pay a seller in cash for any commodity metal, CRITICAL19
INFRASTRUCTURE MATERIAL, or detached catalytic converter transaction20
of three hundred dollars or less.21
(b) If the transaction costs more than three hundred dollars OR22
INVOLVES CRITICAL INFRASTRUCTURE MATERIAL THAT THE PAYING PARTY23
KNOWS OR SHOULD HAVE KNOWN WAS PART OF CRITICAL24
INFRASTRUCTURE, the owner, keeper, proprietor, collector, or dealer shall25
pay the seller of a commodity metal or detached catalytic converter by26
check unless the seller is paid by means of any process in which a picture27
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of the seller is taken when the money is paid. FOR THE PURPOSES OF THIS1
SUBSECTION (1.5)(b), THE PAYING PARTY SHOULD HAVE KNOWN THE2
COMMODITY METALS WERE PART OF CRITICAL INFRASTRUCTURE IF3
EVIDENCE EXISTS THAT THE INSULATING CASING OF THE COMMODITY4
METAL WAS BURNED OR SMOLDERED OFF.5
(1.6) (a) A N OWNER , KEEPER, PROPRIETOR , COLLECTOR, OR6
DEALER WHO KNOWINGLY POSSESSES CRITICAL INFRASTRUCTURE7
MATERIAL IN VIOLATION OF THIS SECTION COMMITS UNLAWFUL8
POSSESSION OF CRITICAL INFRASTRUCTURE MATERIALS.9
(b) (I) AN OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER10
WHO TAKES POSSESSION OF CRITICAL INFRASTRUCTURE MATERIAL AS PART11
OF A LOAD OF OTHERWISE NONCRITICAL INFRASTRUCTURE MATERIALS12
WITH AN AFFIDAVIT STATING THAT THE TRANSFEROR MAY LAWFULLY13
TRANSFER THE NONCRITICAL INFRASTRUCTURE MATERIAL HAS A DUTY TO14
NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY OR MUNICIPAL15
CODE ENFORCEMENT AGENCY BY THE END OF THE NEXT BUSINESS DAY16
AFTER DISCOVERING THE CRITICAL INFRASTRUCTURE MATERIALS . THE17
CRITICAL INFRASTRUCTURE MATERIAL MUST BE SET ASIDE AND MUST NOT18
BE SOLD, PENDING A DETERMINATION AS TO ITS LEGAL STATUS MADE BY19
A LAW ENFORCEMENT AGENCY OR MUNICIPAL CODE ENFORCEMENT20
AGENCY.21
(II) A N OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER22
DOES NOT VIOLATE THIS SUBSECTION (1.6) IF THE OWNER, KEEPER,23
PROPRIETOR, COLLECTOR, OR DEALER HAS AN AFFIDAVIT STATING THAT24
THE TRANSFEROR MAY LAWFULLY TRANSFER THE CRITICAL25
INFRASTRUCTURE MATERIAL.26
(III) AN OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER27
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WHO UNKNOWINGLY TAKES POSSESSION OF CRITICAL INFRASTRUCTURE1
MATERIAL AS PART OF A LOAD OF OTHERWISE NONCRITICAL2
INFRASTRUCTURE MATERIALS WITH AN AFFIDAVIT STATING THAT THE3
TRANSFEROR MAY LAWFULLY TRANSFER THE NONCRITICAL4
INFRASTRUCTURE MATERIAL AND KNOWINGLY DOES NOT NOTIFY THE5
APPROPRIATE LAW ENFORCEMENT AGENCY OR MUNICIPAL CODE6
ENFORCEMENT AGENCY BY THE END OF THE NEXT BUSINESS DAY AFTER7
BECOMING AWARE THEY ARE IN POSSESSION OF CRITICAL INFRASTRUCTURE8
MATERIALS IN VIOLATION OF THIS SUBSECTION (1.6)(b) COMMITS FAILURE9
TO REPORT STOLEN CRITICAL INFRASTRUCTURE MATERIALS.10
(2) Except as otherwise provided in subsection (3) of this section,11
the owner, keeper, proprietor, collector, or dealer of any commodity12
metal, CRITICAL INFRASTRUCTURE MATERIAL, or detached catalytic13
converter shall make a digital photographic record, video record, or other14
record that identifies the seller and the commodity metal, CRITICAL15
INFRASTRUCTURE MATERIAL, or detached catalytic converter that the16
seller is selling. The digital photographic record, video record, or other17
record format shall be retained for one hundred eighty days, and the18
owner shall permit a law enforcement officer OR MUNICIPAL CODE19
ENFORCEMENT OFFICER to make inspections of the record.20
(3) The following transactions and materials are exempt from the21
requirements specified in subsections (1), (1.6), and (2) of this section:22
(f) T HE PURCHASE OF CRITICAL INFRASTRUCTURE MATERIALS23
WHEN THE OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER HAS A24
WRITTEN CONTRACT WITH THE ORIGINAL SOURCE COMPANY THAT CLAIMS25
AND AFFIRMS THAT THE CRITICAL INFRASTRUCTURE MATERIAL BELONGS26
TO THE OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER.27
1101-6-
(4) The information entered in the book or register, as provided1
in subsection (1) of this section, need not be kept for a period longer than2
three years after the date of purchase of the commodity metal, CRITICAL3
INFRASTRUCTURE MATERIAL, or detached catalytic converter.4
(5) A person who violates subsection (1) of this section by failing5
to keep a book or register, any A person who knowingly gives false6
information with respect to the information required to be maintained in7
the book or register provided for in subsection (1) of this section, and any8
A person who violates subsection (1.3), (1.5), or (2) of this section9
commits:10
(c) A class 1 misdemeanor if the amount is one thousand dollars11
or more but less than two thousand dollars; AND12
(d) A class 6 felony if the amount is two thousand dollars or more.13
but less than one thousand dollars;14
(e) A class 5 felony if the amount is five thousand dollars or more15
but less than twenty thousand dollars;16
(f) A class 4 felony if the amount is twenty thousand dollars or17
more but less than one hundred thousand dollars;18
(g) A class 3 felony if the amount is one hundred thousand dollars19
or more but less than one million dollars; and20
(h) A class 2 felony if the amount is one million dollars or more.21
(5.5) (a) U NLAWFUL POSSESSION OF CRITICAL INFRASTRUCTURE22
MATERIALS, AS DESCRIBED IN SUBSECTION (1.6)(a) OF THIS SECTION, IS:23
(I) A CLASS 2 MISDEMEANOR IF THE AMOUNT IS LESS THAN ONE24
THOUSAND DOLLARS;25
(II) A CLASS 1 MISDEMEANOR IF THE AMOUNT IS ONE THOUSAND26
DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; AND27
1101-7-
(III) A CLASS 6 FELONY IF THE AMOUNT IS TWO THOUSAND1
DOLLARS OR MORE.2
(b) F AILURE TO REPORT STOLEN CRITICAL INFRASTRUCTURE3
MATERIALS, AS DESCRIBED IN SUBSECTION (1.6)(b) OF THIS SECTION, IS:4
(I) A CLASS 2 MISDEMEANOR IF THE AM OUNT IS LESS THAN ONE5
THOUSAND DOLLARS;6
(II) A CLASS 1 MISDEMEANOR IF THE AMOUNT IS ONE THOUSAND7
DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; AND8
(III) A CLASS 6 FELONY IF THE AMOUNT IS TWO THOUSAND9
DOLLARS OR MORE.10
(6) There is a rebuttable presumption PERMISSIVE INFERENCE that11
metal purchased by a dealer for the purpose of recycling is a commodity12
metal if the commodity metal has a value of fifty cents per pound or13
greater for purposes of recycling the commodity metal.14
(8) As used in this section, unless the context otherwise requires:15
(a) (Deleted by amendment, L. 2007, p. 759, § 1, effective July 1,16
2007.)17
(a.5) "Applicable facility" means dealers, owners, keepers, or18
proprietors of a junk shop, junk store, salvage yard, or other secondhand19
property.20
(b) "Book or register" means any written or electronic record of21
transactions kept by any owner, keeper, proprietor, collector, or dealer,22
including sequentially numbered receipts containing the information23
required by subsection (1) of this section.24
(b.5) "Commodity metal" means copper; a copper alloy, such as25
bronze or brass; or aluminum. "Commodity metal" does not include26
precious metals, such as gold, silver, or platinum.27
1101-8-
(c) (Deleted by amendment, L. 2007, p. 759, § 1, effective July 1,1
2007.)2
(d) "Dealer" means any person, business, or entity that buys, sells,3
or distributes, for the purpose of recycling, processing, or smelting, any4
commodity metal or detached catalytic converter on a wholesale basis.5
For the purposes of this subsection (8)(d), a transaction between a dealer6
and a motor vehicle dealer is not a wholesale sale.7
(e) (Deleted by amendment, L. 2011, (HB 11-1130), ch. 106, p.8
330, § 1, effective April 13, 2011.)9
(f) "Detached catalytic converter" means a post-combustion10
device that:11
(I) Oxidizes hydrocarbons and carbon monoxide gases or reduces12
oxides of nitrogen;13
(II) Is designed or intended for use as part of an emission control14
system; and15
(III) Was previously installed on a motor vehicle and subsequently16
removed.17
(10) (a) The general assembly hereby finds, determines, and18
declares that:19
(II) Such THE thefts impact every community in Colorado; and20
(III) The regulation of commodity metal or detached catalytic21
converter purchases is a matter of statewide concern; AND22
(IV) T HEFTS OF COMMODITY METALS THAT MAKE UP CRITICAL23
INFRASTRUCTURE MATERIALS REPRESENTS A SIGNIFICANT THREAT TO24
COLORADO CITIZENS.25
(14) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE26
REQUIRES:27
1101-9-
(a) "A PPLICABLE FACILITY " MEANS A JUNK SHOP, JUNK STORE,1
SALVAGE YARD, OR OTHER SECONDHAND PROPERTY OPERATED BY A2
DEALER, OWNER, KEEPER, OR PROPRIETOR.3
(b) "BOOK OR REGISTER" MEANS ANY WRITTEN OR ELECTRONIC4
RECORD OF TRANSACTIONS KEPT BY AN OWNER , KEEPER, PROPRIETOR,5
COLLECTOR, OR DEALER, INCLUDING SEQUENTIALLY NUMBERED RECEIPTS6
CONTAINING THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS7
SECTION.8
(c) "COMMODITY METAL" MEANS COPPER; A COPPER ALLOY, SUCH9
AS BRONZE OR BRASS; OR ALUMINUM. "COMMODITY METAL" DOES NOT10
INCLUDE PRECIOUS METALS, SUCH AS GOLD, SILVER, OR PLATINUM.11
(d) "COVERED INFRASTRUCTURE" MEANS:12
(I) COMMUNICATION INFRASTRUCTURE, INCLUDING FIBER-OPTIC13
CABLES AND OTHER INFRASTRUCTURE USED FOR:14
(A) INTERNET, INCLUDING BROADBAND INTERNET SERVICE;15
(B) CABLE COMMUNICATIONS;16
(C) WIRELESS COMMUNICATIONS;17
(D) TELECOMMUNICATIONS; AND18
(E) A PUBLIC SAFETY ANSWERING POINT, AS DEFINED IN SECTION19
29-11-101;20
(II) T RANSPORTATION INFRASTRUCTURE , INCLUDING21
INFRASTRUCTURE USED FOR:22
(A) LIGHT RAIL, AS DEFINED IN SECTION 29-35-103;23
(B) PASSENGER RAIL;24
(C) FREIGHT RAIL;25
(D) A PUBLIC ROADWAY SYSTEM; AND26
(E) BRIDGES;27
1101-10-
(III) HOUSING INFRASTRUCTURE;1
(IV) AN ELECTRIC VEHICLE CHARGING STATION; AND2
(V) PUBLIC UTILITY INFRASTRUCTURE.3
(e) " C RITICAL INFRASTRUCTURE MATERIAL " MEANS ANY4
COMPONENT OR PART USED IN COVERED INFRASTRUCTURE THAT IS MADE5
OF OR CONTAINS A COMMODITY METAL, THE THEFT OF WHICH POSES AN6
IMMINENT THREAT TO LIFE OR THE PHYSICAL SAFETY OF A PERSON,7
INCLUDING THROUGH SERIOUS HARM TO THE BASIC SUPPLY OF COVERED8
INFRASTRUCTURE TO THE POPULATION OR TO THE EXERCISE OF A CORE9
FUNCTION OF COVERED INFRASTRUCTURE.10
(f) "D EALER" MEANS ANY PERSON, BUSINESS , OR ENTITY THAT11
BUYS, SELLS, OR DISTRIBUTES, FOR THE PURPOSE OF RECYCLING ,12
PROCESSING, OR SMELTING, ANY COMMODITY METAL OR DETACHED13
CATALYTIC CONVERTER ON A WHOLESALE BASIS. FOR THE PURPOSES OF14
THIS SUBSECTION (14)(f), A TRANSACTION BETWEEN A DEALER AND A15
MOTOR VEHICLE DEALER IS NOT A WHOLESALE SALE.16
(g) "D ETACHED CATALYTIC CONVERTER " MEANS A17
POST-COMBUSTION DEVICE THAT:18
(I) OXIDIZES HYDROCARBONS AND CARBON MONOXIDE GASES OR19
REDUCES OXIDES OF NITROGEN;20
(II) IS DESIGNED OR INTENDED FOR USE AS PART OF AN EMISSION21
CONTROL SYSTEM; AND22
(III) W AS PREVIOUSLY INSTALLED ON A MOTOR VEHICLE AND23
SUBSEQUENTLY REMOVED.24
SECTION 2. Applicability. This act applies to offenses25
committed on or after July 1, 2026.26
SECTION 3. Safety clause. The general assembly finds,27
1101-11-
determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
1101-12-