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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0481.01 Shelby Ross x4510 HOUSE BILL 26-1138
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES TO PREVENT ORGANIZED RETAIL THEFT, AND,101
IN CONNECTION THEREWITH , CREATING THE RETAIL THEFT102
PREVENTION ADVISORY BO ARD AND THE RETAIL THEFT103
PREVENTION GRANT PROGRAM IN THE OFFICE OF THE104
ATTORNEY GENERAL.105
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 creates the retail theft prevention advisory board (advisory
board) in the office of the attorney general (AGO). The advisory board
HOUSE SPONSORSHIP
Woog and Espenoza,
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.
shall develop procedures related to applying for a grant for the retail theft
prevention grant program (grant program) created in the bill; review grant
applications and award grants; collect and analyze data related to
organized felony-level retail theft and gift card fraud trends, losses,
prosecutions, and outcomes in Colorado; and develop policy
recommendations in coordination with state and federal partners on how
to combat felony-level retail theft and gift card fraud.
The bill creates the retail theft prevention grant program in the
AGO. A state or local law enforcement agency, district attorney's office,
multijurisdictional or regional task force, or tribal law enforcement
agency may apply for a grant, which may be used to investigate and
prosecute organized felony-level retail theft or gift card fraud; develop or
invest in technology, data-sharing systems, and analytics tools to analyze
felony-level retail theft and gift card fraud metrics; provide training and
technical assistance to retailers or law enforcement agencies; and develop
prevention and deterrence initiatives specific to felony-level retail theft
and gift card fraud.
Beginning January 2028, the bill requires the AGO to annually
report during its "SMART Act" hearing certain information about the
grant program and felony-level retail theft in Colorado.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Organized felony-level retail theft, which is retail theft of at4
least $2,000, and gift card fraud pose a growing threat to public safety,5
small businesses, large retailers, supply chains, and state and local tax6
revenues;7
(b) Felony-level retail theft and gift card fraud increasingly8
involve organized criminal enterprises operating across jurisdictional9
boundaries;10
(c) Colorado has successfully reduced auto theft through a11
coordinated, data-driven, grant-based approach administered by the12
Colorado auto theft prevention authority in the department of public13
safety; and14
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(d) A similar model, adapted to felony-level retail theft and1
housed within the office of the attorney general, will enhance statewide2
coordination, prosecution, prevention, and enforcement.3
(2) The general assembly declares that the purposes of this act are4
to:5
(a) Establish a felony-level retail theft prevention program in the6
office of the attorney general;7
(b) Provide grant funding and technical assistance to local8
governments, law enforcement agencies, prosecutors, and regional task9
forces;10
(c) Improve data collection, analysis, and interagency coordination11
related to felony-level retail theft and gift card fraud; and12
(d) Support prevention, investigation, and prosecution strategies13
targeting organized felony-level retail theft and gift card fraud.14
SECTION 2. In Colorado Revised Statutes, add 24-31-120 as15
follows:16
24-31-120. Retail theft prevention advisory board - grant17
program - rules- report - definitions - repeal.18
(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT19
OTHERWISE REQUIRES:20
(a) "A DVISORY BOARD" MEANS THE RETAIL THEFT PREVENTION21
ADVISORY BOARD CREATED IN SUBSECTION (2) OF THIS SECTION.22
(b) "C OLORADO RETAIL THEFT TASK FORCE " MEANS THE23
STATEWIDE TASK FORCE FORMED BY THE ATTORNEY GENERAL TO PROVIDE24
GREATER COORDINATION AMONG LAW ENFORCEMENT TO IDENTIFY ,25
DISRUPT, AND PROSECUTE ORGANIZED CRIMINAL RINGS THAT STEAL26
GOODS FROM RETAILERS.27
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(c) "E LIGIBLE ENTITY " MEANS A LOCAL OR STATE LAW1
ENFORCEMENT AGENCY , DISTRICT ATTORNEY 'S OFFICE ,2
MULTIJURISDICTIONAL OR REGIONAL TASK FORCE , OR TRIBAL LAW3
ENFORCEMENT AGENCY.4
(d) "FELONY-LEVEL RETAIL THEFT" MEANS A FELONY-LEVEL THEFT5
DESCRIBED IN SECTION 18-4-401 (2)(f) TO (2)(j) COMMITTED AGAINST A6
RETAILER OF GOODS.7
(e) "G RANT PROGRAM" MEANS THE RETAIL THEFT PREVENTION8
GRANT PROGRAM CREATED IN SUBSECTION (5) OF THIS SECTION.9
(2) Advisory board.10
(a) THERE IS CREATED THE RETAIL THEFT PREVENTION ADVISORY11
BOARD IN THE OFFICE OF THE ATTORNEY GENERAL , WHICH CONSISTS OF12
THE FOLLOWING MEMBERS:13
(I) T HE ATTORNEY GENERAL , OR THE ATTORNEY GENERAL 'S14
DESIGNEE;15
(II) ONE MEMBER WHO REPRESENTS THE COLORADO RETAIL THEFT16
TASK FORCE, APPOINTED BY THE TASK FORCE;17
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC18
SAFETY, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;19
(IV) TWO MEMBERS WHO REPRESENT LOCAL LAW ENFORCEMENT,20
ONE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND21
ONE APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF22
REPRESENTATIVES;23
(V) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT24
REPRESENTS DISTRICT ATTORNEYS, APPOINTED BY THE GOVERNOR;25
(VI) O NE MEMBER WHO REPRESENTS LOCAL GOVERNMENT ,26
APPOINTED BY THE MAJORITY LEADER OF THE HOUSE OF27
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REPRESENTATIVES; AND1
(VII) THREE NONVOTING ADVISORY MEMBERS, AS FOLLOWS:2
(A) O NE NONVOTING MEMBER FROM A LARGE RETAILER WITH3
MORE THAN FIVE HUNDRED EMPLOYEES, APPOINTED BY THE PRESIDENT OF4
THE SENATE;5
(B) O NE NONVOTING MEMBER FROM A SMALL RETAILER WITH6
FEWER THAN TWO HUNDRED FIFTY EMPLOYEES, APPOINTED BY THE SENATE7
MAJORITY LEADER; AND8
(C) O NE NONVOTING MEMBER FROM A NONPROFIT RETAILER ,9
APPOINTED BY THE SENATE MINORITY LEADER.10
(b) ADVISORY BOARD APPOINTMENTS MUST BE MADE NO LATER11
THAN SEPTEMBER 1, 2026. THE ADVISORY BOARD SHALL SELECT A CHAIR12
AND THE CHAIR SHALL CALL THE FIRST MEETING NO LATER THAN13
NOVEMBER 1, 2026. THE ADVISORY BOARD SHALL MEET AT ANY TIME THE14
BOARD DEEMS NECESSARY.15
(3) Duties and responsibilities. THE ADVISORY BOARD HAS THE16
FOLLOWING DUTIES AND RESPONSIBILITIES:17
(a) TO DEVELOP GRANT APPLICATION DEADLINES, DATES BY WHICH18
GRANTS MUST BE AWARDED , CRITERIA FOR GRANT AWARDS , AND THE19
FREQUENCY OF CONSIDERATION OF GRANT APPLICATIONS;20
(b) T O REVIEW GRANT APPLICATIONS AND AWARD GRANTS21
PURSUANT TO SUBSECTION (4) OF THIS SECTION;22
(c) T O COLLECT AND ANALYZE DATA RELATED TO ORGANIZED23
FELONY-LEVEL RETAIL THEFT AND GIFT CARD FRAUD TRENDS , LOSSES ,24
PROSECUTIONS, AND OUTCOMES IN COLORADO; AND25
(d) T O DEVELOP POLICY RECOMMENDATIONS IN COORDINATION26
WITH STATE AND FEDERAL PARTNERS , INCLUDING THE DEPARTMENT OF27
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PUBLIC SAFETY , DISTRICT ATTORNEYS , LOCAL GOVERNMENTS , AND1
FEDERAL LAW ENFORCEMENT AGENCIES , ON HOW TO COMBAT2
FELONY-LEVEL RETAIL THEFT AND GIFT CARD FRAUD.3
(4) Grant program.4
(a) THE RETAIL THEFT PREVENTION GRANT PROGRAM IS CREATED5
IN THE ATTORNEY GENERAL'S OFFICE. GRANT AWARDS MAY BE USED FOR6
THE FOLLOWING PURPOSES:7
(I) TO INVESTIGATE AND PROSECUTE ORGANIZED FELONY-LEVEL8
RETAIL THEFT OR GIFT CARD FRAUD;9
(II) T O DEVELOP OR INVEST IN TECHNOLOGY , DATA -SHARING10
SYSTEMS, AND ANALYTICS TOOLS TO ANALYZE FELONY -LEVEL RETAIL11
THEFT AND GIFT CARD FRAUD METRICS;12
(III) T O PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO13
RETAILERS OR LAW ENFORCEMENT AGENCIES; AND14
(IV) T O DEVELOP PREVENTION AND DETERRENCE INITIATIVES15
SPECIFIC TO FELONY-LEVEL RETAIL THEFT AND GIFT CARD FRAUD.16
(b) T HE ADVISORY BOARD SHALL ADMINISTER THE GRANT17
PROGRAM AND SHALL AWARD GRANTS AS PROVIDED IN THIS SUBSECTION18
(4). GRANTS MUST BE PAID OUT OF GIFTS , GRANTS , AND DONATIONS19
RECEIVED PURSUANT TO SUBSECTION (4)(e) OF THIS SECTION.20
(c) TO RECEIVE A GRANT, AN ELIGIBLE ENTITY MUST SUBMIT AN21
APPLICATION TO THE ADVISORY BOARD IN ACCORDANCE WITH RULES22
ADOPTED BY THE ATTORNEY GENERAL'S OFFICE IN COLLABORATION WITH23
THE COLORADO RETAIL THEFT TASK FORCE AND WITHIN THE DEADLINES24
ESTABLISHED BY THE ADVISORY BOARD.25
(d) T HE ADVISORY BOARD SHALL REVIEW THE APPLICATIONS26
RECEIVED PURSUANT TO THIS SUBSECTION (4).27
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(e) T HE ATTORNEY GENERAL MAY SEEK , ACCEPT , AND EXPEND1
GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR2
THE PURPOSE OF AWARDING GRANTS PURSUANT TO THIS SECTION.3
(5) Report. B EGINNING JANUARY 2028, AND EACH JANUARY4
THEREAFTER, THE ATTORNEY GENERAL'S OFFICE SHALL INCLUDE, AS PART5
OF ITS PRESENTATION DURING ITS"SMART ACT" HEARING REQUIRED BY6
SECTION 2-7-203, THE FOLLOWING INFORMATION:7
(a) THE GRANT RECIPIENTS AND AMOUNT OF EACH GRANT;8
(b) OUTCOMES AND PERFORMANCE METRICS REPORTED BY GRANT9
RECIPIENTS;10
(c) O RGANIZED FELONY -LEVEL RETAIL THEFT TREND DATA IN11
COLORADO; AND12
(d) P OLICY RECOMMENDATIONS THAT WOULD ASSIST THE13
ADVISORY BOARD AND COLORADO RETAIL THEFT TASK FORCE TO REDUCE14
FELONY-LEVEL RETAIL THEFT IN COLORADO.15
(6) THIS SECTION IS REPEALED, EFFECTIVE NOVEMBER 1, 2029.16
SECTION 3. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly (August19
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a20
referendum petition is filed pursuant to section 1 (3) of article V of the21
state constitution against this act or an item, section, or part of this act22
within such period, then the act, item, section, or part will not take effect23
unless approved by the people at the general election to be held in24
November 2026 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
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