HB 1290 — Criminal Offense of Assault

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0113.01This Owenbill Hatchhas x2698been HOUSEprepared BILLfor 26-1290the HOUSEsignatures SPONSORSHIPof Hartsookthe andappropriate Duran,legislative Boesenecker,officers Caldwell, Clifford, Flanell, Gonzalez R., Keltie, Lieder, McCluskie, Richardson, Rutinel, Slaugh, Weinberg, Woog SENATE SPONSORSHIP Roberts and Frizell,the Bright,Governor. Carson, Catlin, Coleman, Kirkmeyer, Kolker, Lindstedt, Liston, Pelton B., Pelton R., Simpson, Wallace, Zamora Wilson e n e 6 E a 0 A U , N g 3 S d r House Committees Senate Committees e A Judiciary Judiciary R r e A BILL FOR AN ACT n m 2 C ONCERNING THE CRIMINAL OFFENSE OF ASSAULT , AND , IN T n 2 N U 9 CONNECTION THEREWITH , CLARIFYING SENTENCING .

ETo idetermine rwhether Sthe aGovernor Ahas Rsigned Billthe Summarybill nor (Note:taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

ThisHOUSE summaryBILL applies26-1290 toBYREPRESENTATIVE(S)HartsookandDuran,Boesenecker,Caldwell, thisClifford,Flanell,GonzalezR.,Keltie,Lieder,Richardson,Rutinel,Slaugh, billWeinberg, asWoog, introducedMcCluskie; and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n passes third reading in the house of introduction, a bill summary that m 2 applies to the reengrossed version of this bill will be available at E n 2 U U 1 http://leg.colorado.gov.) O i l H a p R A The bill expands the definition of "emergency medical care r provider" for the purposes of assault offenses to include providers who 3 are performing any function related to medical care.

UnderalsoSENATOR(S)RobertsandFrizell,Bright,Carson,Catlin,Kirkmeyer, currentKolker, law,Lindstedt, secondListon, degreePelton assaultB., byPelton preventingR., certainSimpson, gWallace, publicZamora servantsWilson, fromColeman. performing a lawful duty requires intentionally d 6 causingbodilyinjurytoanotherperson.Thebillchangestherequirement E e 0 S R , U d 1 H 2 r Shading denotes HOUSE amendment.

DoubleCONCERNING underliningTHE denotesCRIMINAL SENATEOFFENSE amendment.OF ASSAULT , AND ,IN CONNECTION THEREWITH ,CLARIFYING SENTENCING .

e Ap Capital letters or bold & italic numbers indicate new material to be added to existing law.n Dashes through the words or numbers indicate deletions from existing law.

e A to knowingly causing bodily injury to another person.

The bill clarifies that second degree assault by strangulation by means of a deadly weapon, including a person's body part, may be charged as crime of violence subject to mandatory incarceration if the defendant has previously been convicted of second degree assault by strangulation.

3 SECTION 1.

In Colorado Revised Statutes, 18-3-203, amend (1)(c)(1)(c.5);(1)(c), (1)(c.5);

(1) ApersoncommitsthecrimeofA assaultintheseconddegreeif:person commits the crime of assault in the second degree if:

(c) WithintenttopreventonewhomheorsheWith THEPERSONintent knows,to orshouldknow,tobeapeaceofficer,firefighter,emergencymedicalcareprevent provider,one whom he or she THE PERSON knows, or should know, to be a peace officer, firefighter, emergency medical care provider,oremergencymedical service provider fromfromperformingalawful performing________ aCapital lawfulletters duty,or hebold or& THEitalic PERSONnumbers intentionallyindicate causesnew bodilymaterial injuryadded to anyexisting ANOTHERlaw; person;

ordashes (c.5)through Withwords intent to prevent one whom he or shenumbers PERSONindicate knows,deletions or should know, to be a peace officer, firefighter, or emergency medical service provider from performingexisting alaw lawfuland duty,such hematerial oris shenot PERSONpart intentionallycausesseriousbodilyinjurytANOTHERof person;the act.

orduty, (2)(c)(III)he HENADEFENDANTISCONVICTEDOFASSAULTINTHEor SECONDshe DEGREE PURSUANT TO SUBSECTION (1)(iOF THIS SECTION AND HAS BEEN PREVIOUSLY CONVICTED OF CHARGES , WHICH WERE SEPARATELY BROUGHT AND TRIED PRIOR TO THE COMMISSIONPERSON OFintentionally THEcauses PRESENTbodily ACTinjury ,FORto ASSAULTany INANOTHER THEperson; SECOND DEGREE PURSUANT TO -2- 1290 SUBSECTION (1)(iOF THIS SECTION, A COURT SHALL SENTENCE THE DEFENDANT IN ACCORDANCE WITH SECTION 18-1.3-406.

or (c.5) Withintenttopreventonewhomheorshe THEPERSON knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or sheHE PERSON intentionally causes serious bodily injury tANOTHER person;

or (2) (c) (III) WEN A DEFENDANT IS CONVICTED OF ASSAULT IN THE SECONDDEGREEPURSUANTTOSUBSECTION (1)(i)OFTHISSECTIONANDHAS 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 ,ACOURTSHALLSENTENCETHEDEFENDANTINACCORDANCEWITH SECTION 18-1.3-406.

except that, if a referendum petition is filed pursuant to section 1 (3) of article V of thestateconstitutionagainstthisactoranitem,section,orpartofthe thisactstate 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 NovemberNovember2026and,insuchcase,willtakeeffectonthedateoftheofficial 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2)PAGE This2-HOUSE actBILL applies26-1290 to(2) offensesThisactappliestooffensescommittedonoraftertheapplicable committed on or after the applicable effective date of this act.

-3-____________________________ 1290____________________________ 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