House Bill 26-1052 Introduced

A Bill for an Act

• Page 1, Line 101Concerning changes to the "Victim Rights Act".

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.)

For purposes of the "Victim Rights Act", the bill prohibits a defendant or alleged offender from being the "lawful representative" of a victim or the victim's designee if the victim is a child or an at-risk adult.

The bill creates new rights for a victim under the "Victim Rights Act", including the right to:

• Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;
• Be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings and in communications;
• Request forensic medical evidence collected be retested if a crime laboratory employee engaged in wrongful action; and
• Be heard at a court proceeding involving an application to the court for the issuance of a subpoena for restitution records.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-4.1-302, amend

• Page 2, Line 3(2)(e.5) and (3); and add (2)(aa) and (2)(bb) as follows:

• Page 2, Line 424-4.1-302.  Definitions.

• Page 2, Line 5As used in this part 3, and for no other purpose, including the

• Page 2, Line 6expansion of the rights of any defendant:

• Page 2, Line 7(2)  "Critical stages" means the following stages of the criminal

• Page 2, Line 8justice process:

• Page 2, Line 9(e.5)  Any subpoena or application for records concerning the

• Page 2, Line 10victim's medical history, mental health, or education; victim's

• Page 2, Line 11compensation records; restitution records; or records that are

• Page 2, Line 12privileged pursuant to section 13-90-107;

• Page 2, Line 13(aa)  Receipt by a district attorney of a notice that a crime

• Page 2, Line 14laboratory employee engaged in a wrongful action, as described

• Page 2, Line 15in section 16-12-307 (1);

• Page 2, Line 16(bb)  An evidentiary hearing on post-conviction petition

• Page 2, Line 17for relief held pursuant to section 16-12-312.

• Page 2, Line 18(3)  "Lawful representative" means any person an individual who

• Page 2, Line 19is designated by the victim or appointed by the court to act in the best

• Page 3, Line 1interests of the victim; except that if the victim is a child or an

• Page 3, Line 2at-risk adult, "lawful representative" does not include the

• Page 3, Line 3defendant or alleged offender.

• Page 3, Line 4SECTION 2.  In Colorado Revised Statutes, 24-4.1-302.5, amend

• Page 3, Line 5(1)(b), (1)(b.4), (1)(d) introductory portion, and (1)(d)(VII); and add

• Page 3, Line 6(1)(a.5) as follows:

• Page 3, Line 724-4.1-302.5.  Rights afforded to victims - definitions.

• Page 3, Line 8(1)  In order to preserve and protect a victim's rights to justice and

• Page 3, Line 9due process, each victim of a crime has the following rights:

• Page 3, Line 10(a.5)  The right, in order to protect the safety or privacy

• Page 3, Line 11of a victim, to have the victim referred to by an abbreviation,

• Page 3, Line 12pseudonym, initials, or another preferred name during hearings

• Page 3, Line 13and in communications;

• Page 3, Line 14(b)  The right to be informed of and be present by appearing in

• Page 3, Line 15person, by phone, virtually by audio or video, or similar technology for

• Page 3, Line 16all critical stages of the criminal justice process as specified in section

• Page 3, Line 1724-4.1-302 (2); except that the victim shall have has the right to be

• Page 3, Line 18informed of, without being present for, the critical stages described in

• Page 3, Line 19section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n),

• Page 3, Line 20(2)(p), (2)(q), (2)(r), and (2)(u), and (2)(aa);

• Page 3, Line 21(b.4)  The right to be informed, pursuant to section 16-12-307, of

• Page 3, Line 22wrongful action by request the forensic medical evidence

• Page 3, Line 23collected in the victim's case be retested if a crime laboratory

• Page 3, Line 24employee in a case involving a crime listed in section 24-4.1-302 (1)

• Page 3, Line 25engaged in wrongful action pursuant to section 16-12-305;

• Page 3, Line 26(d)  The right to be heard at any a court proceeding:

• Page 3, Line 27(VII)  Involving any an application to the court for the issuance of

• Page 4, Line 1a subpoena for records concerning the victim's medical history, mental

• Page 4, Line 2health, or education; or restitution records; victim compensation

• Page 4, Line 3records; or any other records that are privileged pursuant to section

• Page 4, Line 413-90-107;

• Page 4, Line 5SECTION 3.  In Colorado Revised Statutes, 24-4.1-303, amend

• Page 4, Line 6(1.5) and (14.5)(a.5) introductory portion; and add (11)(j) and (11)(k) as

• Page 4, Line 7follows:

• Page 4, Line 824-4.1-303.  Procedures for ensuring rights of victims of

• Page 4, Line 9crimes.

• Page 4, Line 10(1.5)  If a crime victim is deceased or incapacitated, as defined in

• Page 4, Line 11section 24-4.1-302 (5), one or more people, as described in section

• Page 4, Line 1224-4.1-302 (6), members of the victim's immediate family may

• Page 4, Line 13represent the interests of the victim as the victim's designee. and may

• Page 4, Line 14have A victim's designee has the right to be informed, present, or heard

• Page 4, Line 15at any proceeding pursuant to section 24-4.1-302.5 (1)(d), (1)(j), and

• Page 4, Line 16(1)(j.5) and subsections (13.5)(a)(III), (13.5)(a)(IV), and (14)(d) of this

• Page 4, Line 17section. If the victim is a child or an at-risk adult, the victim's

• Page 4, Line 18designee must not be the defendant or the alleged offender.

• Page 4, Line 19(11)  The district attorney shall inform a victim of the following:

• Page 4, Line 20(j)  That the district attorney received notice pursuant to

• Page 4, Line 21section 16-12-307 (1) that a crime laboratory employee engaged

• Page 4, Line 22in wrongful action and a criminal case identified in the notice

• Page 4, Line 23involves a crime against the victim; and

• Page 4, Line 24(k)  An evidentiary hearing on post-conviction petition for

• Page 4, Line 25relief held pursuant to section 16-12-312.

• Page 4, Line 26(14.5) (a.5)  A party issuing a subpoena pursuant to rule 17 of the

• Page 4, Line 27Colorado rules of criminal procedure for the production of the privileged

• Page 5, Line 1records of a victim pursuant to section 13-90-107 or a subpoena

• Page 5, Line 2requesting the compensation records of a victim pursuant to section

• Page 5, Line 324-4.1-107.5 or restitution records of a victim pursuant to

• Page 5, Line 4section 18-1.3-603 shall file with the court and serve on any an

• Page 5, Line 5opposing party:

• Page 5, Line 6SECTION 4.  In Colorado Revised Statutes, amend 16-12-307 as

• Page 5, Line 7follows:

• Page 5, Line 816-12-307.  Duty to notify victims.

• Page 5, Line 9(1)  When a district attorney receives a notice that a crime

• Page 5, Line 10laboratory employee engaged in wrongful action and a criminal case

• Page 5, Line 11identified in the notice involves a crime listed in section 24-4.1-302 (1),

• Page 5, Line 12the district attorney shall as required in subsection (2) of this section,

• Page 5, Line 13notify each victim of the crime about the investigation and the nature of

• Page 5, Line 14the alleged wrongful action pursuant to section 24-4.1-302.5 (1)(b).

• Page 5, Line 15The district attorney shall notify, pursuant to section

• Page 5, Line 1624-4.1-302.5 (1)(b), the victim of a crime listed in section 24-4.1-302

• Page 5, Line 17(1) if an evidentiary hearing on post-conviction petition for

• Page 5, Line 18relief is held pursuant to section 16-12-312.

• Page 5, Line 19(2)  The district attorney shall notify a victim pursuant to this

• Page 5, Line 20section by personal service or registered mail at the victim's last-known

• Page 5, Line 21address. The district attorney shall notify victims pursuant to this section

• Page 5, Line 22in cases in which charges have been filed against the defendant but a

• Page 5, Line 23criminal trial has not begun. The district attorney shall notify the victim

• Page 5, Line 24as soon as practicable but not later than ninety-one days after the district

• Page 5, Line 25attorney received the notice from the crime laboratory director or prior to

• Page 5, Line 26the start of the trial if trial starts before the ninety-one days ends.

• Page 5, Line 27SECTION 5.  Act subject to petition - effective date. This act

• Page 6, Line 1takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 2ninety-day period after final adjournment of the general assembly (August

• Page 6, Line 312, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 6, Line 4referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 6, Line 5state constitution against this act or an item, section, or part of this act

• Page 6, Line 6within such period, then the act, item, section, or part will not take effect

• Page 6, Line 7unless approved by the people at the general election to be held in

• Page 6, Line 8November 2026 and, in such case, will take effect on the date of the

• Page 6, Line 9official declaration of the vote thereon by the governor.