Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
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, CHANGING THE REQUIREMENTS TO102
COMMIT ASSAULT AGAINST CE RTAIN PUBLIC SERVANTS AND103
MEDICAL CARE PROVIDERS AND CLARIFYING SENTENCING.104
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 w ill be av ailable 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.
HOUSE SPONSORSHIP
Hartsook and Duran,
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.
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
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
SECTION 1. In Colorado Revised Statutes, 18-3-201, amend the2
introductory portion and (1) as follows:3
18-3-201. Definitions.4
As used in sections 18-3-201 THIS SECTION AND SECTIONS5
18-3-202 to 18-3-204, unless the context otherwise requires:6
(1) "Emergency medical care provider" means a doctor, intern,7
nurse, nurse's NURSE aide, physician's PHYSICIAN assistant, ambulance8
attendant or operator, air ambulance pilot, paramedic, or any other9
member of a hospital or health-care facility staff or security force who is10
involved in providing emergency PERFORMING ANY FUNCTION RELATED11
TO medical care at a hospital or health-care facility, or in an air12
ambulance or ambulance as defined in section 25-3.5-103. (1) and (1.5),13
C.R.S.14
SECTION 2. In Colorado Revised Statutes, 18-3-203, amend15
(1)(c), (1)(c.5), and (2)(c)(II); and add (2)(c)(III) as follows:16
18-3-203. Assault in the second degree.17
(1) A person commits the crime of assault in the second degree if:18
(c) With intent to prevent one whom he or she THE PERSON knows,19
or should know, to be a peace officer, firefighter, emergency medical care20
HB26-1290-2-
provider, or emergency medical service provider from performing a1
lawful duty, he or she intentionally THE PERSON KNOWINGLY causes2
bodily injury to any ANOTHER person; or3
(c.5) With intent to prevent one whom he or she THE PERSON4
knows, or should know, to be a peace officer, firefighter, or emergency5
medical service provider from performing a lawful duty, he or she THE6
PERSON intentionally causes serious bodily injury to any ANOTHER person;7
or8
(2) (c) (II) If a defendant is convicted of assault in the second9
degree pursuant to subsection (1)(b), (1)(c), (1)(c.5), (1)(d), or (1)(g) of10
this section, the court shall sentence the defendant in accordance with11
section 18-1.3-406; except that, notwithstanding the provisions of section12
18-1.3-406, the court is not required to sentence the defendant to the13
department of corrections for a mandatory term of incarceration.14
(III) W HEN A DEFENDANT IS C ONVICTED OF ASSAULT IN THE15
SECOND DEGREE PURSUANT TO SUBSECTION (1)(i) OF THIS SECTION AND16
HAS BEEN PREVIOUSLY CONVICTED OF CHARGES , WHICH WERE17
SEPARATELY BROUGHT AND TRIED PRIOR TO THE COMMISSION OF THE18
PRESENT ACT , FOR ASSAULT IN THE SECOND DEGREE PURSUANT TO19
SUBSECTION (1)(i) OF THIS SECTION , A COURT SHALL SENTENCE THE20
DEFENDANT IN ACCORDANCE WITH SECTION 18-1.3-406. A PREVIOUS21
CONVICTION MUST BE SET FORTH IN THE COMPLAINT , INDICTMENT , OR22
INFORMATION FOR THE PRESENT ACT.23
SECTION 3. Act subject to petition - effective date -24
applicability. (1) This act takes effect September 1, 2026; except that,25
if a referendum petition is filed pursuant to section 1 (3) of article V of26
the state constitution against this act or an item, section, or part of this act27
HB26-1290-3-
within such period, then the act, item, section, or part will not take effect1
unless approved by the people at the general election to be held in2
November 2026 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
(2) This act applies to offenses committed on or after the5
applicable effective date of this act.6
HB26-1290-4-