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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 26-0113.01 Owen Hatch x2698 HOUSE BILL 26-1290
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING THE CRIMINAL OFFENSE OF ASSAULT , AND , IN101
CONNECTION THEREWITH, CLARIFYING SENTENCING.102
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 expands the definition of "emergency medical care
provider" for the purposes of assault offenses to include providers who
are performing any function related to medical care.
Under current law, second degree assault by preventing certain
public servants from performing a lawful duty requires intentionally
causing bodily injury to another person. The bill changes the requirement
HOUSE
Amended 2nd Reading
April 16, 2026
HOUSE SPONSORSHIP
Hartsook and Duran,
SENATE SPONSORSHIP
Roberts and Frizell,
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.
to knowingly causing bodily injury to another person.
The bill clarifies that second degree assault by strangulation by
means of a deadly weapon, including a person's body part, may be
charged as crime of violence subject to mandatory incarceration if the
defendant has previously been convicted of second degree assault by
strangulation.
Be it enacted by the General Assembly of the State of Colorado:1
2
SECTION 1. In Colorado Revised Statutes, 18-3-203, amend3
(1)(c), (1)(c.5); and add (2)(c)(III) as follows:4
18-3-203. Assault in the second degree.5
(1) A person commits the crime of assault in the second degree if:6
(c) With intent to prevent one whom he or she THE PERSON knows,7
or should know, to be a peace officer, firefighter, emergency medical care8
provider, or emergency medical service provider from performing a9
lawful duty, he or she THE PERSON intentionally causes bodily injury to10
any ANOTHER person; or11
(c.5) With intent to prevent one whom he or she THE PERSON12
knows, or should know, to be a peace officer, firefighter, or emergency13
medical service provider from performing a lawful duty, he or she THE14
PERSON intentionally causes serious bodily injury to any ANOTHER person;15
or16
17
(2) (c) (III) WHEN A DEFENDANT IS CONVICTED OF ASSAULT IN THE18
SECOND DEGREE PURSUANT TO SUBSECTION (1)(i) OF THIS SECTION AND19
HAS BEEN PREVIOUSLY CONVICTED OF CHARGES , WHICH WERE20
SEPARATELY BROUGHT AND TRIED PRIOR TO THE COMMISSION OF THE21
PRESENT ACT , FOR ASSAULT IN THE SECOND DEGREE PURSUANT TO22
1290-2-
SUBSECTION (1)(i) OF THIS SECTION , A COURT SHALL SENTENCE THE1
DEFENDANT IN ACCORDANCE WITH SECTION 18-1.3-406. A PREVIOUS2
CONVICTION MUST BE SET FORTH IN THE COMPLAINT , INDICTMENT , OR3
INFORMATION FOR THE PRESENT ACT.4
SECTION 2. Act subject to petition - effective date -5
applicability. (1) This act takes effect September 1, 2026; except that,6
if a referendum petition is filed pursuant to section 1 (3) of article V of7
the state constitution against this act or an item, section, or part of this act8
within such period, then the act, item, section, or part will not take effect9
unless approved by the people at the general election to be held in10
November 2026 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
(2) This act applies to offenses committed on or after the13
applicable effective date of this act.14
1290-3-