A Bill for an Act
Page 1, Line 101Concerning modifying assault in the second degree.
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.)
Current law makes it a felony to assault an emergency medical care provider while they are performing emergency medical care. The bill expands the statute to make it a felony to assault an emergency medical care provider while they are providing any function related to medical care.
The bill lowers the mental state required for conviction from intentionally causes bodily injury to knowingly causes bodily injury for the crime of preventing certain public servants from performing a lawful duty.
Current case law holds that the general assembly has not clarified whether second degree assault by strangulation could be charged as crime of violence subject to mandatory incarceration. The bill clarifies that strangulation by means of a deadly weapon, including a person's body parts, may be charged as crime of violence subject to mandatory incarceration. The bill requires the prosecution to allege and prove beyond a reasonable doubt that the defendant used a deadly weapon while committing second degree assault by strangulation.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 18-3-201, amend the introductory portion and (1) as follows:
Page 2, Line 318-3-201. Definitions. As used in
sections 18-3-201Page 2, Line 4and sections 18-3-202 to 18-3-204, unless the context otherwise requires:
Page 2, Line 5(1) "Emergency medical care provider" means a doctor, intern,
Page 2, Line 6nurse,
nurse'sphysician'sPage 2, Line 7attendant or operator, air ambulance pilot, paramedic, or any other
Page 2, Line 8member of a hospital or health-care facility staff or security force who is
Page 2, Line 9involved in providing
emergencyPage 2, Line 10care at a hospital or health-care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103.
(1) and (1.5), C.R.S.Page 2, Line 11SECTION 2. In Colorado Revised Statutes, 18-3-203, amend (1)(c), (1)(c.5), and (2)(c)(II); and add (2)(c)(III) as follows:
Page 2, Line 1218-3-203. Assault in the second degree. (1) A person commits the crime of assault in the second degree if:
Page 2, Line 13(c) With intent to prevent one whom
he or shePage 2, Line 14or should know, to be a peace officer, firefighter, emergency medical care
Page 2, Line 15provider, or emergency medical service provider from performing a
Page 3, Line 1lawful duty,
he or she intentionallyanyPage 3, Line 2(c.5) With intent to prevent one whom
he or shePage 3, Line 3or should know, to be a peace officer, firefighter, or emergency medical
Page 3, Line 4service provider from performing a lawful duty,
he or sheanyPage 3, Line 5(2) (c) (II) If a defendant is convicted of assault in the second
Page 3, Line 6degree pursuant to subsection (1)(b), (1)(c), (1)(c.5), (1)(d), or (1)(g) of
Page 3, Line 7this section, the court shall sentence the defendant in accordance with
Page 3, Line 8section 18-1.3-406; except that, notwithstanding the provisions of section
Page 3, Line 918-1.3-406, the court is not required to sentence the defendant to the department of corrections for a mandatory term of incarceration.
Page 3, Line 10 (III) If a defendant is convicted of assault in the second
Page 3, Line 11degree pursuant to subsection (1)(i) of this section and a deadly
Page 3, Line 12weapon is used, the court shall sentence the defendant in
Page 3, Line 13accordance with section 18-1.3-406. A body part may constitute
Page 3, Line 14a deadly weapon. The item, including a body part, must be
Page 3, Line 15specifically alleged as a deadly weapon and proven to be a deadly weapon beyond a reasonable doubt.
Page 3, Line 16SECTION 3. Act subject to petition - effective date -
Page 3, Line 17applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 3, Line 18the expiration of the ninety-day period after final adjournment of the
Page 3, Line 19general assembly; except that, if a referendum petition is filed pursuant
Page 3, Line 20to section 1 (3) of article V of the state constitution against this act or an
Page 3, Line 21item, section, or part of this act within such period, then the act, item,
Page 3, Line 22section, or part will not take effect unless approved by the people at the
Page 3, Line 23general election to be held in November 2026 and, in such case, will take
Page 4, Line 1effect on the date of the official declaration of the vote thereon by the governor.
Page 4, Line 2(2) This act applies to offenses committed on or after September
Page 4, Line 31, 2025, or if this act takes effect after approved by the people at the
Page 4, Line 4general election to be held in November 2026, this act applies to offenses committed on or after the effective date of this act.