HB 1290

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 26-1290
     BY REPRESENTATIVE(S) Hartsook and Duran, Boesenecker, Caldwell,
     Clifford, Flanell, Gonzalez R., Keltie, Lieder, Richardson, Rutinel, Slaugh,
     Weinberg, Woog, McCluskie;
     also SENATOR(S) Roberts and Frizell, Bright, Carson, Catlin, Kirkmeyer,
     Kolker, Lindstedt, Liston, Pelton B., Pelton R., Simpson, Wallace,
     Zamora Wilson, Coleman.
     CONCERNING THE CRIMINAL OFFENSE OF ASSAULT, AND, IN CONNECTION
          THEREWITH, CLARIFYING SENTENCING.
     Be it enacted by the General Assembly of the State of Colorado:
             SECTION 1. In Colorado Revised Statutes, 18-3-203, amend
     (1)(c), (1)(c.5); and add (2)(c)(III) as follows:
             18-3-203. Assault in the second degree.
             (1) A person commits the crime of assault in the second degree if:
            (c) With intent to prevent one whom he or she THE PERSON knows,
     or should know, to be a peace officer, firefighter, emergency medical care
     provider, or emergency medical service provider from performing a lawful
     ________
     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.
duty, he or she THE PERSON intentionally causes bodily injury to any
ANOTHER person; or
       (c.5) With intent to prevent one whom he or she THE PERSON knows,
or should know, to be a peace officer, firefighter, or emergency medical
service provider from performing a lawful duty, he or she THE PERSON
intentionally causes serious bodily injury to any ANOTHER person; or
      (2) (c) (III) WHEN A DEFENDANT IS CONVICTED OF ASSAULT IN THE
SECOND DEGREE PURSUANT TO SUBSECTION (1)(i) OF THIS SECTION AND HAS
BEEN PREVIOUSLY CONVICTED OF CHARGES, WHICH WERE SEPARATELY
BROUGHT AND TRIED PRIOR TO THE COMMISSION OF THE PRESENT ACT, FOR
ASSAULT IN THE SECOND DEGREE PURSUANT TO SUBSECTION (1)(i) OF THIS
SECTION, A COURT SHALL SENTENCE THE DEFENDANT IN ACCORDANCE WITH
SECTION 18-1.3-406. A PREVIOUS CONVICTION MUST BE SET FORTH IN THE
COMPLAINT, INDICTMENT, OR INFORMATION FOR THE PRESENT ACT.
       SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect September 1, 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.
PAGE 2-HOUSE BILL 26-1290
       (2) This act applies to offenses committed on or after the applicable
effective date of this act.
____________________________  ____________________________
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 3-HOUSE BILL 26-1290