House Bill 26-1017 Introduced

A Bill for an Act

• Page 1, Line 101Concerning prohibiting an insurer from receiving

• Page 1, Line 102restitution through the criminal restitution process.

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 the purpose of criminal restitution, current law defines a "victim" as any person who has suffered losses because of a contractual relationship, including an insurer. The bill excludes an insurer from the definition of "victim" and instead authorizes an insurer to file a civil action against the offender to recover losses if the insurer has suffered because of a contractual relationship with the victim.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 18-1.3-602, amend

• Page 2, Line 3(4)(a)(III) and (4)(b) as follows:

• Page 2, Line 418-1.3-602.  Definitions.

• Page 2, Line 5As used in this part 6, unless the context otherwise requires:

• Page 2, Line 6(4) (a)  "Victim" means any person aggrieved by the conduct of an

• Page 2, Line 7offender and includes, but is not limited to, the following:

• Page 2, Line 8(III)  Any person who has suffered losses because of a contractual

• Page 2, Line 9relationship with, including but not limited to, an insurer, or because of

• Page 2, Line 10liability under pursuant to section 14-6-110 C.R.S., for a person

• Page 2, Line 11described in subparagraph (I) or (II) of this paragraph (a) subsection

• Page 2, Line 12(4)(a)(I) or (4)(a)(II) of this section;

• Page 2, Line 13(b) (I)  "Victim" shall does not include a person who is

• Page 2, Line 14accountable for the crime or a crime arising from the same conduct,

• Page 2, Line 15criminal episode, or plan as defined under pursuant to the law of this

• Page 2, Line 16state or of the United States.

• Page 2, Line 17(II)  "Victim" does not include an insurer who has suffered

• Page 2, Line 18a loss because of a contractual relationship with the victim.

• Page 2, Line 19This subsection (4)(b)(II) does not prevent an insurer from filing

• Page 2, Line 20a civil action against the offender to recover losses the insurer

• Page 2, Line 21has suffered because of a contractual relationship with the

• Page 2, Line 22victim.

• Page 2, Line 23SECTION 2.  Act subject to petition - effective date. This act

• Page 2, Line 24takes effect at 12:01 a.m. on the day following the expiration of the

• Page 2, Line 25ninety-day period after final adjournment of the general assembly (August

• Page 2, Line 2612, 2026, if adjournment sine die is on May 13, 2026); except that, if a

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

• Page 3, Line 2state constitution against this act or an item, section, or part of this act

• Page 3, Line 3within such period, then the act, item, section, or part will not take effect

• Page 3, Line 4unless approved by the people at the general election to be held in

• Page 3, Line 5November 2026 and, in such case, will take effect on the date of the

• Page 3, Line 6official declaration of the vote thereon by the governor.