House Bill 26-1060 Introduced

A Bill for an Act

• Page 1, Line 101Concerning clarifying the criminal jurisdiction of

• Page 1, Line 102prosecutions to include harms committed against

• Page 1, Line 103people located in Colorado regardless of where the

• Page 1, Line 104defendant is located.

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 clarifies that the criminal jurisdiction of prosecutions includes conduct that causes injury, loss, damage, or deprivation of a thing of value, rights, privileges, access, or identity to a person located in the state.

Jurisdiction exists even if a defendant does not have actual knowledge that the victim is located in the state.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly

• Page 2, Line 3finds and declares that:

• Page 2, Line 4(a)  It is necessary to clarify the application of state jurisdiction, or

• Page 2, Line 5venue, to address the complexities of modern, often remote criminal

• Page 2, Line 6offenses, thereby ensuring that individuals who inflict injury or cause

• Page 2, Line 7harm to Colorado residents are subject to prosecution in this state

• Page 2, Line 8consistent with the purpose of maintaining public safety and integrity in

• Page 2, Line 9the state's criminal justice system; and

• Page 2, Line 10(b)  Clarifying state jurisdiction is particularly vital to ensuring

• Page 2, Line 11justice for the elderly population of Colorado, who constitute the most

• Page 2, Line 12frequent victims of fraud and cross-border schemes and who must be

• Page 2, Line 13protected by the full authority of Colorado law when suffering loss.

• Page 2, Line 14SECTION 2.  In Colorado Revised Statutes, 18-1-201, amend (2);

• Page 2, Line 15and add (4) as follows:

• Page 2, Line 1618-1-201.  State jurisdiction - definition.

• Page 2, Line 17(2)  An offense is committed partly within this state if conduct

• Page 2, Line 18occurs in this state which that is an element of an offense or if the result

• Page 2, Line 19of conduct in this state is such an element. In homicide, the "result" is

• Page 2, Line 20either the physical contact which causes death or the death itself; and if

• Page 2, Line 21the body of a criminal homicide victim is found within the state, the death

• Page 2, Line 22is presumed to have occurred within the state.

• Page 2, Line 23(4) (a)  As used in this section, unless the context

• Page 2, Line 24otherwise requires, "result" means:

• Page 3, Line 1(I)  The effect of conduct that causes injury, loss, or

• Page 3, Line 2damage, including injury, loss, or damage to, or deprivation of,

• Page 3, Line 3any of the following:

• Page 3, Line 4(A)  A thing of value;

• Page 3, Line 5(B)  Rights or privileges protected by the federal and

• Page 3, Line 6state constitutions and laws;

• Page 3, Line 7(C)  Access to information, including electronic

• Page 3, Line 8information; or

• Page 3, Line 9(D)  The victim's identity; and

• Page 3, Line 10(II)  In homicide, either the physical contact that causes

• Page 3, Line 11death or the death itself; and if the body of a criminal homicide

• Page 3, Line 12victim is found in the state, the death is presumed to have

• Page 3, Line 13occurred in the state.

• Page 3, Line 14(b)  A person does not need actual knowledge that the

• Page 3, Line 15victim is located in the state to be prosecuted for a criminal

• Page 3, Line 16offense in the state.

• Page 3, Line 17SECTION 3.  Effective date - applicability. This act takes effect

• Page 3, Line 18July 1, 2026, and applies to offenses committed on or after said date.

• Page 3, Line 19SECTION 4.  Safety clause. The general assembly finds,

• Page 3, Line 20determines, and declares that this act is necessary for the immediate

• Page 3, Line 21preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 22the support and maintenance of the departments of the state and state

• Page 3, Line 23institutions.