HB 1052

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1052
     BY REPRESENTATIVE(S) Woog and Stewart R., Bacon, Boesenecker,
     Caldwell, Clifford, Duran, Gonzalez R., Hamrick, Hartsook, Jackson,
     Keltie, Lieder, Lindsay, Lukens, Nguyen, Richardson, Ricks, Rutinel,
     Suckla, Taggart, Winter T., McCluskie;
     also SENATOR(S) Carson and Wallace, Ball, Benavidez, Bright, Catlin,
     Cutter, Daugherty, Exum, Frizell, Gonzales J., Jodeh, Kipp, Kirkmeyer,
     Kolker, Lindstedt, Marchman, Mullica, Pelton R., Rich, Roberts,
     Rodriguez, Snyder, Sullivan, Weissman, Coleman.
     CONCERNING CHANGES TO THE "VICTIM RIGHTS ACT".
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 24-4.1-302, amend
     (2)(e.5) and (3); and add (2)(aa), (2)(bb), and (2)(cc) as follows:
             24-4.1-302. Definitions.
           As used in this part 3, and for no other purpose, including the
     expansion of the rights of any defendant:
             (2) "Critical stages" means the following stages of the criminal
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
justice process:
       (e.5) Any subpoena or application for records concerning the
victim's medical history, mental health, OR education; victim's
compensation RECORDS; or records that are privileged pursuant to section
13-90-107;
       (aa) RECEIPT BY A DISTRICT ATTORNEY OF A NOTICE THAT A CRIME
LABORATORY EMPLOYEE ENGAGED IN A WRONGFUL ACTION, AS DESCRIBED
IN SECTION 16-12-307 (1);
      (bb) AN EVIDENTIARY HEARING ON POST-CONVICTION PETITION FOR
RELIEF HELD PURSUANT TO SECTION 16-12-312; AND
      (cc) A RESTITUTION ASSESSMENT HEARING HELD PURSUANT TO
SECTION 18-1.3-603.
       (3) "Lawful representative" means any person AN INDIVIDUAL who
is designated by the victim or appointed by the court to act in the best
interests of the victim; EXCEPT THAT IF THE VICTIM IS A CHILD OR AN
AT-RISK ADULT, AS DEFINED IN SECTION 18-6.5-102, "LAWFUL
REPRESENTATIVE" DOES NOT INCLUDE THE DEFENDANT OR ALLEGED
OFFENDER IN THE UNDERLYING CASE.
        SECTION 2. In Colorado Revised Statutes, 24-4.1-302.5, amend
(1)(b), (1)(d) introductory portion, (1)(d)(VII), (1)(d)(X), and (1)(d)(XI);
and add (1)(a.5) and (1)(d)(XII) as follows:
       24-4.1-302.5. Rights afforded to victims - definitions.
       (1) In order to preserve and protect a victim's rights to justice and
due process, each victim of a crime has the following rights:
      (a.5) THE RIGHT TO REQUEST, IN ORDER TO PROTECT THE SAFETY OR
PRIVACY OF A VICTIM, TO HAVE THE VICTIM REFERRED TO BY AN
ABBREVIATION, PSEUDONYM, INITIALS, OR ANOTHER PREFERRED NAME
DURING HEARINGS;
      (b) The right to be informed of and be present by appearing in
person, by phone, virtually by audio or video, or similar technology for all
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critical stages of the criminal justice process as specified in section
24-4.1-302 (2); except that the victim shall have HAS the right to be
informed of, without being present for, the critical stages described in
section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p),
(2)(q), (2)(r), and (2)(u), AND (2)(aa);
       (d) The right to be heard at any A court proceeding:
        (VII) Involving any AN application to the court for the issuance of
a subpoena for records concerning the victim's medical history, mental
health, OR education; or victim compensation RECORDS; or any other records
that are privileged pursuant to section 13-90-107;
      (X) Involving a hearing held pursuant to section 24-72-706,
24-72-709, or 24-72-710; or
       (XI) Involving a hearing held pursuant to section 18-1.3-103.7 or
19-2.5-1118.5; OR
       (XII)     INVOLVING A HEARING HELD PURSUANT TO SECTION
18-1.3-603.
        SECTION 3. In Colorado Revised Statutes, 24-4.1-303, amend
(1.5); and add (11)(j), (11)(k), and (11)(l) as follows:
       24-4.1-303. Procedures for ensuring rights of victims of crimes.
       (1.5) If a crime victim is deceased or incapacitated, as defined in
section 24-4.1-302 (5), one or more people, as described in section
24-4.1-302 (6), MEMBERS OF THE VICTIM'S IMMEDIATE FAMILY may
represent the interests of the victim as the victim's designee. and may have
A VICTIM'S DESIGNEE HAS the right to be informed, present, or heard at any
proceeding pursuant to section 24-4.1-302.5 (1)(d), (1)(j), and (1)(j.5) and
subsections (13.5)(a)(III), (13.5)(a)(IV), and (14)(d) of this section. IF THE
VICTIM IS A CHILD OR AN AT-RISK ADULT, AS DEFINED IN SECTION
18-6.5-102, THE VICTIM'S DESIGNEE MUST NOT BE THE DEFENDANT OR THE
ALLEGED OFFENDER IN THE UNDERLYING CASE.
       (11) The district attorney shall inform a victim of the following:
PAGE 3-HOUSE BILL 26-1052
      (j) THAT THE DISTRICT ATTORNEY RECEIVED NOTICE PURSUANT TO
SECTION 16-12-307 (1) THAT A CRIME LABORATORY EMPLOYEE ENGAGED IN
WRONGFUL ACTION AND A CRIMINAL CASE IDENTIFIED IN THE NOTICE
INVOLVES A CRIME AGAINST THE VICTIM;
      (k) AN EVIDENTIARY HEARING ON POST-CONVICTION PETITION FOR
RELIEF HELD PURSUANT TO SECTION 16-12-312; AND
       (l) THE VICTIM'S RIGHT TO REQUEST THE USE OF THE VICTIM'S
PREFERRED NAME DURING HEARINGS PURSUANT TO SECTION 24-4.1-302.5
(1)(a.5).
      SECTION 4. In Colorado Revised Statutes, amend 16-12-307 as
follows:
       16-12-307. Duty to notify victims.
        (1) When a district attorney receives a notice that a crime laboratory
employee engaged in wrongful action and a criminal case identified in the
notice involves a crime listed in section 24-4.1-302 (1), the district attorney
shall as required in subsection (2) of this section, notify each victim of the
crime about the investigation and the nature of the alleged wrongful action
PURSUANT TO SECTION 24-4.1-302.5 (1)(b). THE DISTRICT ATTORNEY SHALL
NOTIFY, PURSUANT TO SECTION 24-4.1-302.5 (1)(b), THE VICTIM OF A CRIME
LISTED IN SECTION 24-4.1-302 (1) IF AN EVIDENTIARY HEARING ON
POST-CONVICTION PETITION FOR RELIEF IS HELD PURSUANT TO SECTION
16-12-312.
         (2) The district attorney shall notify a victim pursuant to this section
by personal service or registered mail at the victim's last-known address.
The district attorney shall notify victims pursuant to this section in cases in
which charges have been filed against the defendant but a criminal trial has
not begun. The district attorney shall notify the victim as soon as practicable
but not later than ninety-one days after the district attorney received the
notice from the crime laboratory director or prior to the start of the trial if
trial starts before the ninety-one days ends.
       SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
PAGE 4-HOUSE BILL 26-1052
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
        APPROVED________________________________________
                           (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 26-1052