Colorado Survivor Justice Act

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0259.01 Shelby Ross x4510 SENATE BILL 26-124
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES TO PROVIDE LEGAL RELIEF FOR INDIVIDUALS101
WHO ARE VICTIMS OF ACTS OF VIOLENCE.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.)
If a defendant raises the affirmative defense of self-defense, the
bill authorizes the defendant to offer relevant evidence of an act of
violence committed by the alleged victim that is known to the defendant
or perpetrated against the defendant and that affects the reasonableness
of the defendant's belief in their justification in using self-defense.
The bill creates an alternative mandatory sentence for a defendant
SENATE SPONSORSHIP
Wallace,
HOUSE 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.
who is a victim of an act of violence if the court determines, based on the
relevant evidence presented, that the act of violence was a significant
contributing factor to the offense for which the defendant is being
sentenced. If a victim-defendant meets the criteria, the court is not
required to sentence the victim-defendant to the department of corrections
and the victim-defendant is eligible for probation or other alternative
sentences. A victim-defendant convicted of certain criminal offenses is
not eligible for alternative sentencing.
The bill authorizes an individual serving a sentence with the
department of corrections to file a petition with the court where the
conviction was obtained requesting post-conviction relief from the terms
of the sentence (petition) if the individual is a victim of an act of violence
and:
! If an offense resulting in conviction was committed before
July 1, 2026; and
! If the victim-petitioner received a sentence in the case of 15
years or more to the department of corrections, excluding
the parole term of the sentence.
The petition must allege that the victim-petitioner was subjected
to an act of violence and that the act of violence was a significant
contributing factor to the offense for which the victim-petitioner was
initially sentenced. The court shall determine whether to grant a hearing
on the petition and, based on the evidence presented, determine by a
preponderance of the evidence if the victim-petitioner was subjected to
an act of violence and if the following criteria are met:
! The act of violence was a significant contributing factor to
the offense; or
! The prosecution agrees that the best interests of justice and
the welfare of society would be served by departure from
the presumptive sentencing range initially imposed.
If the court determines the victim-petitioner meets the criteria, the
victim-petitioner may file a motion for reconsideration and reduction of
the initial sentence. A victim-petitioner convi cted of certain criminal
offenses is not eligible for post-conviction relief.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Colorado Survivor Justice Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds that:5
SB26-124-2-
(a) Acts of violence, including domestic abuse, family violence,1
sexual violence, human trafficking, and child abuse, all have lasting2
impacts on survivors; and3
(b) If a defendant is a survivor of an act of violence and has4
experienced significant trauma, the legal system must recognize and take5
into consideration the trauma when determining an appropriate sentence6
for the defendant.7
(2) Therefore, the general assembly declares that:8
(a) Evidence related to victimization of a defendant should be9
considered during the defendant's criminal proceedings; and10
(b) A defendant who is a survivor of an act of violence must be11
provided an alternative sentencing option when the act of violence is a12
significant contributing factor to the offense committed by the defendant.13
SECTION 3. In Colorado Revised Statutes, 18-1-704, add (4.5)14
and (5)(b.5) as follows:15
18-1-704. Use of physical force in defense of a person -16
definitions.17
(4.5) (a) D URING A CRIMINAL PROSECUTION , IF A DEFENDANT18
RAISES THE AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS JUSTIFIED IN19
USING PHYSICAL FORCE IN DEFENSE OF A PERSON PURSUANT TO20
SUBSECTION (1) OF THIS SECTION , THE DEFENDANT MAY OFFER ALL21
RELEVANT EVIDENCE OF AN ACT OF VIOLENCE , INCLUDING DOMESTIC22
ABUSE, DOMESTIC VIOLENCE, OR SEXUAL VIOLENCE, AS THOSE TERMS ARE23
DEFINED IN SECTION 13-14-101; HUMAN TRAFFICKING, AS DESCRIBED IN24
PART 5 OF ARTICLE 3 OF THIS TITLE 18; AND CHILD ABUSE, AS DESCRIBED25
IN SECTION 18-6-401:26
(I) C OMMITTED BY THE ALLEGED VICTIM AND KNOWN TO THE27
SB26-124-3-
DEFENDANT; OR1
(II) PERPETRATED AGAINST THE DEFENDANT THAT AFFECTS THE2
REASONABLENESS OF THE DEFENDANT'S BELIEF THAT THE ALLEGED VICTIM3
IS IMMINENTLY GOING TO USE UNLAWFUL FORCE AGAINST THE DEFENDANT4
OR ANOTHER PERSON OR THAT THE DEFENDANT OR ANOTHER PERSON IS IN5
IMMINENT DANGER OF SUFFERING GREAT BODILY INJURY OR BEING KILLED6
BY THE ALLEGED VICTIM.7
(b) FOR THE PURPOSE OF DETERMINING ADMISSIBILITY, EVIDENCE8
OFFERED PURSUANT TO SUBSECTION (4.5)(a) OF THIS SECTION IS EVIDENCE9
OF A PRIOR ACT OF VIOLENCE AGAINST THE DEFENDANT.10
(c) W HEN EVIDENCE IS OFFERED PURSUANT TO SUBSECTION11
(4.5)(a) OF THIS SECTION, THE TRIAL COURT SHALL DETERMINE WHETHER:12
(I) T HE PROBATIVE VALUE OF THE EVIDENCE SUBSTANTIALLY13
OUTWEIGHS THE PROBABILITY THAT ITS ADMISSION WILL CREATE AN14
UNFAIR PREJUDICE, CONFUSE THE ISSUES, OR MISLEAD OF THE JURY; AND15
(II) CONSIDERATION OF THE EVIDENCE WILL CAUSE UNDUE DELAY,16
WASTE OF TIME , OR PRESENTATION OF UNNECESSARY CUMULATIVE17
EVIDENCE.18
(5) As used in this section, unless the context otherwise requires:19
(b.5) "RELEVANT EVIDENCE" MEANS:20
(I) DIRECT EVIDENCE RELATING TO THE ALLEGED VICTIM'S PRIOR21
ACTS OF VIOLENCE;22
(II) E VIDENCE OF PRIOR LAW ENFORCEMENT INTERVENTION OR23
ASSISTANCE INVOLVING AN ACT OF VIOLENCE COMMITTED BY THE24
ALLEGED VICTIM;25
(III) EVIDENCE OF MEDICAL TREATMENT OR BEHAVIORAL HEALTH26
TREATMENT SOUGHT OR OBTAINED BY THE DEFENDANT BECAUSE OF AN27
SB26-124-4-
ALLEGED ACT OF VIOLENCE COMMITTED BY THE ALLEGED VICTIM;1
(IV) E VIDENCE OF SERVICES SOUGHT OR OBTAINED BY THE2
DEFENDANT FROM A COUNSELOR; A VICTIM'S ADVOCATE, AS DEFINED IN3
SECTION 13-90-107 (1)(k)(II); OR ANOTHER RELEVANT SERVICE PROVIDER4
TO ADDRESS TRAUMA RECOVERY BECAUSE OF AN ALLEGED ACT OF5
VIOLENCE COMMITTED BY THE ALLEGED VICTIM;6
(V) EVIDENCE DEMONSTRATING THE EFFECTS OF POST-TRAUMATIC7
STRESS DISORDER ON THE DEFENDANT AS A RESULT OF THE SUSTAINED8
ACTS OF VIOLENCE COMMITTED BY THE ALLEGED VICTIM;9
(VI) A PETITION FOR A PROTECTION ORDER FILED BY THE10
DEFENDANT, AND A COURT ORDER FOR THE PROTECTION OF THE11
DEFENDANT, IN WHICH THE ALLEGED VICTIM IS THE RESPONDENT OR A12
NAMED PARTY WHO DEMONSTRATES AN ACT OF VIOLENCE COMMITTED BY13
THE ALLEGED VICTIM;14
(VII) EXPERT TESTIMONY RELATING TO THE EFFECTS OF AN ACT OF15
VIOLENCE OR AN ACT OF CHILD ABUSE ON A PERSON SUBJECTED TO SUCH16
VIOLENCE; AND17
(VIII) ANY OTHER EVIDENCE THAT THE COURT DETERMINES IS OF18
SUFFICIENT CREDIBILITY OR PROBATIVE VALUE.19
SECTION 4. In Colorado Revised Statutes, add 18-1.3-108 as20
follows:21
18-1.3-108. Alternative imposition of sentence for victims of22
an act of violence - definition.23
(1) AS USED IN THIS SECTION, "ACT OF VIOLENCE" MEANS AN ACT24
OF DOMESTIC ABUSE , DOMESTIC VIOLENCE , OR SEXUAL VIOLENCE , AS25
THOSE TERMS ARE DEFINED IN SECTION 13-14-101; HUMAN TRAFFICKING,26
AS DESCRIBED IN PART 5 OF ARTICLE 3 OF THIS TITLE 18; AND CHILD27
SB26-124-5-
ABUSE, AS DESCRIBED IN SECTION 18-6-401.1
(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,2
AT THE TIME OF SENTENCING, THE COURT SHALL ALLOW THE DEFENDANT3
TO PRESENT RELEVANT EVIDENCE THAT THE DEFENDANT WAS THE VICTIM4
OF AN ACT OF VIOLENCE AND THAT THE ACT OF VIOLENCE WAS A5
SIGNIFICANT CONTRIBUTING FACTOR FOR THE OFFENSE FOR WHICH THE6
DEFENDANT IS BEING SENTENCED.7
(b) T HE FOLLOWING RELEVANT EVIDENCE MAY BE PRESENTED8
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION:9
(I) D IRECT EVIDENCE OF THE PRIOR ACT OF VIOLENCE10
PERPETRATED AGAINST THE VICTIM-DEFENDANT;11
(II) E VIDENCE THAT THE VICTIM -DEFENDANT WAS A VICTIM OF12
HUMAN TRAFFICKING;13
(III) E VIDENCE THAT THE VICTIM -DEFENDANT SOUGHT LAW14
ENFORCEMENT ASSISTANCE FOR PROTECTION FROM AN ACT OF VIOLENCE;15
(IV) E VIDENCE THAT THE VICTIM -DEFENDANT SOUGHT OR16
OBTAINED MEDICAL OR BEHAVIORAL HEALTH TREATMENT AS A RESULT OF17
EXPERIENCING AN ACT OF VIOLENCE;18
(V) E VIDENCE OF PRIOR STATEMENTS MADE BY THE19
VICTIM-DEFENDANT OR OTHER WITNESSES REGARDING AN ACT OF20
VIOLENCE PERPETRATED AGAINST THE VICTIM -DEFENDANT AND THE21
RELATED TRAUMA;22
(VI) EVIDENCE OF SERVICES THE VICTIM-DEFENDANT RECEIVED OR23
SOUGHT FROM A C OUNSELOR; A VICTIM 'S ADVOCATE , AS DEFINED IN24
SECTION 13-90-107 (1)(k)(II); OR OTHER RELEVANT SERVICE PROVIDER TO25
ADDRESS TRAUMA RECOVERY;26
(VII) E VIDENCE DEMONSTRATING THE EFFECTS OF27
SB26-124-6-
POST-TRAUMATIC STRESS DISORDER AS A RESULT OF AN ACT OF VIOLENCE1
PERPETRATED AGAINST THE VICTIM-DEFENDANT;2
(VIII) A PETITION FOR A PROTECTION ORDER FILED BY THE3
PETITIONER, AND ANY COURT ORDER, THAT ADDRESSES THE PRIOR ACT OF4
VIOLENCE EXPERIENCED BY THE VICTIM-DEFENDANT, INCLUDING JUVENILE5
COURT RECORDS;6
(IX) EXPERT TESTIMONY RELATING TO THE EFFECTS OF AN ACT OF7
VIOLENCE ON AN INDIVIDUAL SUBJECTED TO THE VIOLENCE; AND8
(X) A NY OTHER EVIDENCE THAT THE COURT DETERMINES IS OF9
SUFFICIENT CREDIBILITY OR PROBATIVE VALUE.10
(3) N OTWITHSTANDING SECTION 18-1.3-401, 18-1.3-501, OR11
18-1.3-505, THE COURT SHALL SENTENCE A VICTIM -DEFENDANT12
CONVICTED OF A FELONY OR MISDEMEANOR OFFENSE TO INCARCERATION13
FOR NO GREATER THAN HALF OF THE MAXIMUM TERM CURRENTLY14
AUTHORIZED IN THE PRESUMPTIVE RANGE FOR THE PUNISHMENT OF THE15
OFFENSE IF:16
(a) THE COURT DETERMINES THAT A SENTENCE OF INCARCERATION17
IS NECESSARY GIVEN THE FACTS AND CIRCUMSTANCES OF THE OFFENSE18
AND THAT NO ALTERNATIVE TO INCARCERATION PROPERLY ADDRESSES19
THE PURPOSES OF SENTENCING DESCRIBED IN SECTION 18-1-102.5; AND20
(b) THE VICTIM-DEFENDANT PROVES BY A PREPONDERANCE OF THE21
EVIDENCE THAT THE VICTIM-DEFENDANT WAS THE VICTIM OF AN ACT OF22
VIOLENCE; AND23
(c) (I) THE ACT OF VIOLENCE WAS A SIGNIFICANT CONTRIBUTING24
FACTOR TO THE OFFENSE; OR25
(II) T HE PROSECUTION AGREES THAT THE BEST INTERESTS OF26
JUSTICE AND THE WELFARE OF SOCIETY WOULD BE SERVED BY DEPARTURE27
SB26-124-7-
FROM THE PRESUMPTIVE SENTENCING RANGE.1
(4) A VICTIM -DEFENDANT CONVICTED OF THE FOLLOWING2
OFFENSES IS NOT ELIGIBLE FOR ALTERNATIVE SENTENCING PURSUANT TO3
SUBSECTION (3) OF THIS SECTION:4
(a) A CLASS 1 FELONY, EXCEPT FIRST DEGREE MURDER PURSUANT5
TO SECTION 18-3-102 (1)(b) AS IT EXISTED PRIOR TO SEPTEMBER 15, 2021;6
(b) A N OFFENSE THAT CONSTITUTES UNLAWFUL SEXUAL7
BEHAVIOR, AS DEFINED IN SECTION 16-22-102;8
(c) H UMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY9
SERVITUDE, AS DESCRIBED IN SECTION 18-3-503, OR HUMAN TRAFFICKING10
OF A MINOR FOR SEXUAL SERVITUDE, AS DESCRIBED IN SECTION 18-3-50411
(2);12
(d) STALKING, AS DESCRIBED IN SECTION 18-3-602; OR13
(e) F ELONY CHILD ABUSE , AS DESCRIBED IN SECTION 18-6-401,14
THAT WAS A KNOWING ACT THAT CAUSED A CHILD UNDER TWELVE YEARS15
OLD TO SUFFER DEATH OR SERIOUS BODILY INJURY.16
SECTION 5. In Colorado Revised Statutes, 18-1.3-406, add17
(1)(d.5) as follows:18
18-1.3-406. Mandatory sentences for violent crimes -19
definitions.20
(1) (d.5) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION,21
ANY PERSON DETERMINED BY THE COURT TO MEET THE CRITERIA22
DESCRIBED IN SECTION 18-1.3-108 IS NOT REQUIRED TO BE SENTENCED TO23
THE DEPARTMENT OF CORRECTIONS AND IS ELIGIBLE FOR PROBATION OR24
OTHER ALTERNATIVE SENTENCES, AS DETERMINED BY THE COURT.25
SECTION 6. In Colorado Revised Statutes, 18-1-102.5, amend26
(1)(e) and (1)(f); and add (1)(g) as follows:27
SB26-124-8-
18-1-102.5. Purposes of code with respect to sentencing.1
(1) The purposes of this code with respect to sentencing are:2
(e) To select a sentence, a sentence length, and a level of3
supervision that addresses the offender's individual characteristics and4
reduces the potential that the offender will engage in criminal conduct5
after completing his or her THE OFFENDER'S sentence; and6
(f) To promote acceptance of responsibility and accountability by7
offenders and to provide restoration and healing for victims and the8
community while attempting to reduce recidivism and the costs to society9
by the use of restorative justice practices; AND10
(g) T O PROVIDE AN OFFENDER WHO IS A VICTIM OF AN ACT OF11
VIOLENCE, INCLUDING DOMESTIC ABUSE , DOMESTIC VIOLENCE , SEXUAL12
VIOLENCE, HUMAN TRAFFICKING, AND CHILD ABUSE , WITH A SENTENCE13
THAT TAKES INTO CONSIDERATION THE TRAUMA SUFFERED BY THE14
VICTIM-OFFENDER IF THE ACT OF VIOLENCE CONTRIBUTED TO THE15
COMMISSION OF THE OFFENSE.16
SECTION 7. In Colorado Revised Statutes, add 18-1-410.8 as17
follows:18
18-1-410.8. Post-conviction relief for victims of an act of19
violence - report - legislative declaration - definition.20
(1) (a) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:21
(I) A SUBSTANTIAL PROPORTION OF INDIVIDUALS WHO ARE22
INCARCERATED IN COLORADO AND THROUGHOUT THE UNITED STATES ARE23
SURVIVORS OF TRAUMA , INCLUDING CHILDHOOD PHYSICAL ABUSE ,24
CHILDHOOD SEXUAL ABUSE , SEXUAL ASSAULT , DOMESTIC VIOLENCE ,25
DATING VIOLENCE , STALKING , AND OTHER FORMS OF INTERPERSONAL26
VIOLENCE. RESEARCH CONSISTENTLY DEMONSTRATES THAT EXPOSURE TO27
SB26-124-9-
TRAUMA, PARTICULARLY REPEATED OR PROLONGED TRAUMA, CAN HAVE1
PROFOUND AND LASTING EFFECTS ON AN INDIVIDUAL 'S NEUROLOGICAL2
DEVELOPMENT, PSYCHOLOGICAL FUNCTIONING, PERCEPTION OF THREAT,3
AND RESPONSES TO PERCEIVED DANGER.4
(II) S URVIVORS OF TRAUMA , ESPECIALLY THOSE SUBJECTED TO5
ABUSE IN CHILDHOOD OR INTIMATE PARTNER RELATIONSHIPS , OFTEN6
EXPERIENCE TRAUMA-RELATED CONDITIONS THAT AFFECT THEIR ABILITY7
TO ASSESS AND RESPOND TO THREATS. THESE EXPERIENCES MAY SHAPE A8
SURVIVOR'S PERCEPTION OF IMMINENT HARM AND MAY INFLUENCE9
BEHAVIOR IN CIRCUMSTANCES I NVOLVING SELF -DEFENSE OR10
SURVIVAL-BASED RESPONSES.11
(III) FOR MANY SURVIVORS, CRIMINALIZED CONDUCT IS DIRECTLY12
CONNECTED TO THEIR VICTIMIZATION , INCLUDING ACTS COMMITTED IN13
SELF-DEFENSE OR UNDER COERCION OR CONTROL BY AN ABUSIVE14
PARTNER, OR ACTS OTHERWISE SIGNIFICANTLY INFLUENCED BY PRIOR15
VIOLENCE.16
(IV) T HE CRIMINAL JUSTICE SYSTEM HAS NOT CONSISTENTLY17
ACCOUNTED FOR THE IMPACT OF TRAUMA AND VICTIMIZATION WHEN18
DETERMINING CULPABILITY AND SENTENCING. IN PARTICULAR, SURVIVORS19
WHO ACT IN RESPONSE TO VIOLENCE MAY FACE BARRIERS TO PRESENTING20
EVIDENCE NECESSARY TO EXPLAIN THE REASONABLENESS OF THEIR BELIEF21
IN THE NEED FOR SELF-DEFENSE.22
(b) THE GENERAL ASSEMBLY FURTHER FINDS THAT:23
(I) WHEN A DEFENDANT IS A VICTIM OF AN ACT OF VIOLENCE AND24
THAT VIOLENCE WAS A SIGNIFICANT CONTRIBUTING FACTOR TO THE25
OFFENSE THAT LED TO THEIR CONVICTION , JUSTICE AND PUBLIC SAFETY26
ARE BEST SERVED BY ALLOWING COURTS DISCRETION TO IMPOSE27
SB26-124-10-
ALTERNATIVE, FAIRER SENTENCES;1
(II) INDIVIDUALS CURRENTLY SERVING LENGTHY SENTENCES MAY2
HAVE BEEN SENTENCED WITHOUT ADEQUATE CONSIDERATION OF THE3
TRAUMA AND VIOLENCE THEY EXPERIENCED THAT IMPACTED THEIR CRIME.4
PROVIDING A MECHANISM FOR POST -CONVICTION RELIEF IN LIMITED ,5
RELEVANT CIRCUMSTANCES PROMOTES FAIRNESS, ACCOUNTABILITY, AND6
PROPORTIONALITY IN SENTENCING WHILE PRESERVING PUBLIC SAFETY AND7
EXCLUDING SPECIFIC SERIOUS OFFENSES FROM ELIGIBILITY.8
(III) ESTABLISHING A PROCESS FOR POST -CONVICTION RELIEF IN9
CERTAIN CASES PROMOTES A MORE TRAUMA-INFORMED, EQUITABLE, AND10
JUST CRIMINAL JUSTICE SYSTEM.11
(c) T HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE12
PURPOSE OF THIS SECTION IS NOT TO DIMINISH ACCOUNTABILITY FOR13
CRIMINAL CONDUCT BUT RATHER TO ENSURE THAT COURTS HAVE THE14
AUTHORITY AND DISCRETION TO FULLY CONSIDER THE CONTEXT OF15
VICTIMIZATION AND TRAUMA WHEN DETERMINING CULPABILITY AND16
IMPOSING SENTENCES THAT ARE PROPORTIONATE, INDIVIDUALIZED, AND17
CONSISTENT WITH THE INTERESTS OF JUSTICE AND THE WELFARE OF18
SOCIETY.19
(2) A S USED IN THIS SECTION , "ACT OF VIOLENCE " MEANS20
DOMESTIC ABUSE, DOMESTIC VIOLENCE, OR SEXUAL VIOLENCE, AS THOSE21
TERMS ARE DEFINED IN SECTION 13-14-101; HUMAN TRAFFICKING , AS22
DESCRIBED IN PART 5 OF ARTICLE 3 OF THIS TITLE 18; AND CHILD ABUSE,23
AS DESCRIBED IN SECTION 18-6-401.24
(3) (a) AN INDIVIDUAL SERVING A SENTENCE IN THE DEPARTMENT25
OF CORRECTIONS WHO IS A VICTIM OF AN ACT OF VIOLENCE MAY FILE A26
PETITION WITH THE COURT WHERE THE CONVICTION WAS OBTAINED27
SB26-124-11-
REQUESTING RELIEF FROM THE TERMS OF THE SENTENCE TO PROVIDE1
POST-CONVICTION RELIEF TO THE VICTIM-PETITIONER IF:2
(I) A N OFFENSE RESULTING IN CONVICTION WAS COMMITTED3
BEFORE JULY 1, 2026; AND4
(II) THE VICTIM-PETITIONER RECEIVED A SENTENCE IN THE CASE5
OF FIFTEEN YEARS OR MORE TO THE DEPARTMENT OF CORRECTIONS ,6
EXCLUDING THE PAROLE TERM OF THE SENTENCE.7
(b) A VICTIM -PETITIONER CONVICTED OF THE FOLLOWING8
OFFENSES IN THE CASE IS NOT ELIGIBLE FOR POST -CONVICTION RELIEF9
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION:10
(I) A CLASS 1 FELONY, EXCEPT FIRST DEGREE MURDER PURSUANT11
TO SECTION 18-3-102 (1)(b) AS IT EXISTED PRIOR TO SEPTEMBER 15, 2021;12
(II) A N OFFENSE THAT CONSTITUTES UNLAWFUL SEXUAL13
BEHAVIOR, AS DEFINED IN SECTION 16-22-102;14
(III) H UMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY15
SERVITUDE, AS DESCRIBED IN SECTION 18-3-503, OR HUMAN TRAFFICKING16
OF A MINOR FOR SEXUAL SERVITUDE, AS DESCRIBED IN SECTION 18-3-50417
(2);18
(IV) STALKING, AS DESCRIBED IN SECTION 18-3-602; OR19
(V) FELONY CHILD ABUSE , AS DESCRIBED IN SECTION 18-6-401,20
THAT WAS A KNOWING ACT THAT CAUSED A CHILD UNDER TWELVE YEARS21
OLD TO SUFFER DEATH OR SERIOUS BODILY INJURY.22
(4) (a) U PON RECEIPT OF A PETITION FILED PURSUANT TO23
SUBSECTION (3) OF THIS SECTION BY AN INDIVIDUAL SERVING A SENTENCE24
IN THE DEPARTMENT OF CORRECTIONS , THE COURT SHALL REVIEW THE25
PLEADING AND DETERMINE IF THE VICTIM -PETITIONER'S LENGTH OF26
SENTENCE QUALIFIES PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION27
SB26-124-12-
AND THAT THE VICTIM-PETITIONER HAS NOT BEEN CONVICTED IN THE CASE1
OF A DISQUALIFYING CONVICTION PURSUANT TO SUBSECTION (3)(b) OF2
THIS SECTION . IF THE VICTIM -PETITIONER IS EXCLUDED FROM3
POST-CONVICTION RELIEF PURSUANT TO SUBSECTION (3)(a) OR (3)(b) OF4
THIS SECTION, THE COURT SHALL DENY THE PETITION AND ADVISE THE5
VICTIM-PETITIONER OF THE REASONS FOR THE DENIAL . IF THE6
VICTIM-PETITIONER SATISFIES THE REQUIREMENTS OF SUBSECTION (3) OF7
THIS SECTION , THE COURT SHALL APPOINT COUNSEL IF THE COURT8
DETERMINES THAT THE VICTIM-PETITIONER IS INDIGENT, AND THE COURT9
SHALL ALLOW COUNSEL TO SUPPLEMENT OR AMEND THE PETITION.10
(b) IF AN INDIVIDUAL SERVING A SENTENCE IN THE DEPARTMENT11
OF CORRECTIONS IS INDIGENT AND CONTACTS THE COURT IN WRITING12
ABOUT POST-CONVICTION RELIEF PURSUANT TO THIS SECTION WITHOUT13
FILING A PETITION, AND IF THE COURT FINDS THAT THE INDIVIDUAL NEEDS14
ASSISTANCE OF COUNSEL TO FILE AN INITIAL PETITION DUE TO THE15
INDIVIDUAL'S CIRCUMSTANCES, INCLUDING ANY LACK OF EDUCATION OR16
LANGUAGE BARRIER, THE COURT MAY APPOINT COUNSEL TO ASSIST THE17
INDIVIDUAL.18
(c) ONCE APPOINTED, COUNSEL FOR THE VICTIM-PETITIONER HAS19
AN INITIAL ONE HUNDRED TWENTY-SIX DAYS TO INVESTIGATE AND FILE A20
PETITION OR TO SUPPLEMENT OR AMEND A PETITION FILED BY THE21
VICTIM-PETITIONER. THE COURT MAY GRANT EXTENSIONS FOR ANY22
AMOUNT OF TIME UPON A SHOWING OF GOOD CAUSE AND SHALL ALLOW23
TIME AS NEEDED TO INVESTIGATE A PRIOR ALLEGED ACT OR ACT OF24
VIOLENCE. THE PETITION, AMENDED PETITION, AND ANY SUPPLEMENTAL25
PLEADINGS MUST BE SERVED ON THE DISTRICT ATTORNEY'S OFFICE THAT26
OBTAINED THE CONVICTION, AND THE COURT MUST GRANT THE DISTRICT27
SB26-124-13-
ATTORNEY'S OFFICE SUFFICIENT TIME TO FILE A RESPONSE TO THE1
PLEADINGS FILED BY THE VICTIM-PETITIONER.2
(5) T HE PETITION, INCLUDING AN AMENDED PETITION , MUST, IN3
GOOD FAITH:4
(a) ALLEGE THAT THE VICTIM-PETITIONER WAS SUBJECTED TO ONE5
OR MORE ACTS OF VIOLENCE;6
(b) A LLEGE THAT THE ACTS OF VIOLENCE WERE A SIGNIFICANT7
CONTRIBUTING FACTOR TO THE OFFENSE FOR WHICH THE8
VICTIM-PETITIONER WAS SENTENCED; AND9
(c) D ESCRIBE THE ACTS OF VIOLENCE AND DESCRIBE WHY THE10
ACTS OF VIOLENCE WERE A SIGNIFICANT CONTRIBUTING FACTOR IN THE11
COMMISSION OF THE OFFENSE OF CONVICTION.12
(6) T HE PETITION MUST PROVIDE SUFFICIENT FACTS AND13
CIRCUMSTANCES DESCRIBING THE ACTS OF VIOLENCE AND OUTLINING THE14
TIME, LOCATION , AND NATURE OF THE ACTS OF VIOLENCE AND MUST15
INCLUDE, WHEN AVAILABLE, ANY SUPPORTING DOCUMENTATION FOR THE16
CLAIMS INCLUDED IN THE PETITION.17
(7) (a) A FTER RECEIPT OF THE DISTRICT ATTORNEY 'S RESPONSE18
FILED PURSUANT TO SUBSECTION (4)(c) OF THIS SECTION , THE COURT19
SHALL DETERMINE WHETHER TO GRANT A HEARING ON THE PETITION AS20
SOON AS PRACTICABLE. THERE IS A PRESUMPTION IN FAVOR OF GRANTING21
A HEARING ON A PETITION FILED PURSUANT TO SUBSECTION (3) OF THIS22
SECTION UNLESS THE COURT FINDS THAT THE PETITIONER HAS FAILED TO23
ALLEGE THE PETITIONER WAS THE VICTIM OF AN ACT OF VIOLENCE PRIOR24
TO THE CRIME OR THE COURT FINDS THAT THE ACT OF VIOLENCE WAS25
FULLY CONSIDERED AT THE TIME OF THE INITIAL SENTENCING AND COULD26
HAVE BEEN GIVEN LEGAL EFFECT AT THE TIME OF THE INITIAL27
SB26-124-14-
SENTENCING.1
(b) IF THE COURT DETERMINES THAT THE VICTIM -PETITIONER IS2
NOT ENTITLED TO A HEARING , THE COURT SHALL ENTER AN ORDER3
DENYING RELIEF , WHICH MUST INCLUDE THE COURT 'S REASONING FOR4
DENYING THE HEARING . IF THE COURT DENIES A PETITION WITHOUT A5
HEARING, THE DENIAL MUST BE WITHOUT PREJUDICE AND THE6
VICTIM-PETITIONER IS PERMITTED TO FILE AN AMENDED PETITION . THE7
COURT SHALL NOT DENY A PETITION WITHOUT A HEARING ON THE BASIS8
THAT AN ACT OF VIOLENCE THAT THE VICTIM-PETITIONER SUFFERED DID9
NOT SIGNIFICANTLY CONTRIBUTE TO THE OFFENSE.10
(8) IF THE COURT GRANTS A HEARING PURSUANT TO SUBSECTION11
(7)(a) OF THIS SECTION, THE COURT SHALL GIVE THE DISTRICT ATTORNEY12
NOTICE AND THE OPPORTUNITY TO RESPOND AT THE HEARING . THE13
DISTRICT ATTORNEY SHALL GIVE THE VICTIM OF THE PETITIONER 'S14
OFFENSE NOTICE IN ACCORDANCE WITH PART 3 OF ARTICLE 4.1 OF TITLE15
24, AND THE COURT SHALL PROVIDE THE VICTIM OF THE PETITIONER 'S16
OFFENSE AN OPPORTUNITY TO BE HEARD.17
(9) THE FOLLOWING RELEVANT EVIDENCE MAY BE PRESENTED AT18
A HEARING GRANTED PURSUANT TO THIS SECTION:19
(a) D IRECT EVIDENCE OF THE PRIOR ACT OF VIOLENCE20
PERPETRATED AGAINST THE VICTIM-PETITIONER;21
(b) E VIDENCE THAT THE VICTIM -PETITIONER WAS A VICTIM OF22
HUMAN TRAFFICKING;23
(c) E VIDENCE THAT THE VICTIM -PETITIONER SOUGHT LAW24
ENFORCEMENT ASSISTANCE FOR PROTECTION FROM AN ACT OF VIOLENCE;25
(d) EVIDENCE THAT THE VICTIM-PETITIONER SOUGHT OR OBTAINED26
MEDICAL OR BEHAVIORAL HEALTH TREATMENT AS A RESULT OF27
SB26-124-15-
EXPERIENCING AN ACT OF VIOLENCE;1
(e) E VIDENCE OF PRIOR STATEMENTS MADE BY THE2
VICTIM-PETITIONER OR OTHER WITNESSES REGARDING AN ACT OF3
VIOLENCE PERPETRATED AGAINST THE VICTIM -PETITIONER AND THE4
RELATED TRAUMA;5
(f) E VIDENCE OF SERVICES THE VICTIM -PETITIONER SOUGHT OR6
OBTAINED FROM A COUNSELOR ; A VICTIM 'S ADVOCATE , AS DEFINED IN7
SECTION 13-90-107 (1)(k)(II); OR OTHER RELEVANT SERVICE PROVIDER TO8
ADDRESS TRAUMA RECOVERY;9
(g) EVIDENCE DEMONSTRATING THE EFFECTS OF POST-TRAUMATIC10
STRESS DISORDER AS A RESULT OF AN ACT OF VIOLENCE PERPETRATED11
AGAINST THE VICTIM-PETITIONER;12
(h) A PETITION FOR A PROTECTION ORDER FILED BY THE13
VICTIM-PETITIONER, AND ANY COURT ORDER, THAT ADDRESSES THE PRIOR14
ACT OF VIOLENCE EXPERIENCED BY THE VICTIM -PETITIONER, INCLUDING15
JUVENILE COURT RECORDS;16
(i) EXPERT TESTIMONY RELATING TO THE EFFECTS OF AN ACT OF17
VIOLENCE ON AN INDIVIDUAL SUBJECTED TO THE VIOLENCE; AND18
(j) A NY OTHER EVIDENCE THAT THE COURT DETERMINES IS OF19
SUFFICIENT CREDIBILITY OR PROBATIVE VALUE.20
(10) B ASED ON THE EVIDENCE PRESENTED AT THE HEARING21
PURSUANT TO SUBSECTION (9) OF THIS SECTION , THE COURT SHALL22
DETERMINE BY A PREPONDERANCE OF THE EVIDENCE IF THE23
VICTIM-PETITIONER WAS SUBJECTED TO AN ACT OF VIOLENCE AND IF:24
(a) T HE ACT OF VIOLENCE WAS A SIGNIFICANT CONTRIBUTING25
FACTOR TO THE OFFENSE; OR26
(b) T HE PROSECUTION AGREES THAT THE BEST INTERESTS OF27
SB26-124-16-
JUSTICE AND THE WELFARE OF SOCIETY WOULD BE SERVED BY DEPARTURE1
FROM THE PRESUMPTIVE SENTENCING RANGE INITIALLY IMPOSED.2
(11) I F, AFTER A HEARING ON THE PETITION , THE COURT3
DETERMINES THAT THE PETITION HAS NOT MET THE CRITERIA ESTABLISHED4
IN SUBSECTION (5) OF THIS SECTION, THE COURT SHALL DENY THE PETITION5
AND INCLUDE THE REASONING FOR THE DENIAL IN THE ORDER.6
(12) UPON A FINDING THAT THE VICTIM-PETITIONER HAS MET THE7
CRITERIA ESTABLISHED IN SUBSECTION (5) OF THIS SECTION , THE8
VICTIM -PETITIONER IS PERMITTED TO FILE A MOTION FOR9
RECONSIDERATION AND REDUCTION OF THE INITIAL SENTENCE PURSUANT10
TO RULE 35 (b) OF THE COLORADO RULES OF CRIMINAL PROCEDURE. THE11
MOTION IS NOT SUBJECT TO THE TIME LIMITS CONTAINED IN RULE 35 (b) OF12
THE COLORADO RULES OF CRIMINAL PROCEDURE AND MAY BE MADE13
ORALLY AT THE TIME OF THE HEARING OR SUBMITTED IN WRITING WITHIN14
NINETY-ONE DAYS AFTER THE COURT 'S RULING . THE COURT SHALL15
DETERMINE AND IMPOSE THE APPROPRIATE SENTENCE CONSISTENT WITH16
SECTION 18-1.3-108 AFTER CONSIDERATION OF ALL THE RELEVANT17
EVIDENCE IN THE CASE.18
(13) A VICTIM -PETITIONER IS ENTITLED TO FILE ONLY ONE19
PETITION REQUESTING POST -CONVICTION RELIEF PURSUANT TO THIS20
SECTION; EXCEPT THAT , IF THE VICTIM -PETITIONER WITHDRAWS THE21
PETITION PRIOR TO A HEARING ON THE MERITS OF THE PETITION , THE22
VICTIM-PETITIONER MAY FILE A SUBSEQUENT PETITION REQUESTING23
POST-CONVICTION RELIEF PURSUANT TO THIS SECTION.24
(14) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), BEGINNING25
JULY 1, 2027, AND EACH JULY 1 THEREAFTER, THE JUDICIAL DEPARTMENT26
SHALL REPORT ON THE NUMBER OF PETITIONS FILED PURSUANT TO27
SB26-124-17-
SUBSECTION (3) OF THIS SECTION , THE NUMBER OF HEARINGS HELD ON1
PETITIONS FILED PURSUANT TO THIS SECTION , AND THE NUMBER OF2
PETITIONS GRANTED AND SENTENCES IMPOSED PURSUANT TO SUBSECTION3
(12) OF THIS SECTION TO THE JUDICIARY COMMITTEES OF THE HOUSE OF4
REPRESENTATIVES AND THE SENATE, OR THEIR SUCCESSOR COMMITTEES,5
AS PART OF THE DEPARTMENT'S "SMART ACT" PRESENTATION REQUIRED6
PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.7
SECTION 8. Effective date. This act takes effect July 1, 2026.8
SECTION 9. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
SB26-124-18-