Criminal Justice

The bill repeals various state laws related to firearms and other weapons. Specifically, the bill repeals provisions concerning:Unlawfully carrying a firearm at a polling location or drop box offense;The presumption that an individual engages in election-related intimidation if the individual carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing specified election activities;Firearm industry standards of responsible conduct enacted in Senate Bill 23-168, enacted in 2023, and the bill restores the firearms product liability provisions that existed prior to the enactment of Senate Bill 23-168;Payment processing for retail sales of firearms;Designating as peace officers the following personnel of the firearms dealer division within the department of revenue: The director, deputy directors, agents in charge, criminal investigator supervisors, and criminal investigators;Including in a mandatory criminal protection order a requirement for a defendant to relinquish firearms and ammunition;The classification of a rapid-fire device as a dangerous weapon;Prohibitions on knowingly carrying a firearm in specified government buildings and licensed child care centers;Unlawfully carrying a concealed weapon;Unlawfully possessing explosive, incendiary, or other dangerous devices in certain legislative buildings;Unlawfully carrying a firearm at a licensed child care center; a public or private elementary, middle, junior high, high, or vocational school; or a public or private college or university;Requirements to store a firearm, including in a vehicle;The requirement for the department of public health and environment to conduct a firearms safe storage education campaign;Prohibitions on certain conduct involving an unserialized firearm, frame, or receiver;The requirement to conduct a background check on the transferee in a private firearm transfer;Setting the minimum age to buy a firearm at 21 years old;The 3-day waiting period for firearm sales;Certain prohibited activity involving semiautomatic firearms, including the prohibition on purchasing a firearm without having completed certain educational requirements, and the associated firearms training and safety course record system;Ammunition sales;Permitting local entities to prohibit carrying a concealed handgun in certain areas;Prohibiting the possession of certain ammunition magazines, and marking requirements on certain ammunition magazines manufactured in Colorado on or after July 1, 2013;The requirement to have a state permit to deal firearms in Colorado and the requirements for dealers and dealers' employees;Gun show regulations;Providing materials about gun violence prevention to parents with students in K-12 schools;The authority of the Colorado bureau of investigation to investigate particular illegal activity involving firearms statewide;The voluntary waiver of the right to purchase a firearm; andThe authority of a local government to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory.The bill repeals the office of gun violence prevention.As part of the repeals described above, the firearms training and safety course cash fund is repealed and the voluntary waiver of the right to purchase a firearm program, which is funded by gifts, grants, and donations, is repealed. The bill directs the state treasurer to return the money in the firearms training and safety course cash fund to the persons who paid fees into the fund and to return to the grantors and donors the balance of the gifts, grants, and donations made in support of the voluntary waiver of the right to purchase a firearm program.(Note: This summary applies to this bill as introduced.)

Beginning July 1, 2026, if a petitioner is under 18 years old at the time of filing a petition seeking to change the petitioner's name, the act requires the court to suppress the record unless the petitioner was previously convicted of a felony. The act authorizes the court to use the suppressed court record for administrative purposes, but the court is prohibited from publishing the petitioner's name or the petitioner's new name online. A petitioner who is under 18 years old is not required to give public notice of the name change. The act authorizes an individual to access a suppressed court record without a court order if the individual obtains verbal consent from a party to the case and submits an affidavit to the court, upon penalty of perjury, that the individual has obtained the verbal consent.(Note: This summary applies to this bill as enacted.)

The act allows persons who are indigenous to receive compensation for traditional Native American healing ceremonies and practices and related expenses under the 'Colorado Crime Victim Compensation Act', which includes:Traditional counseling and healing from an elder or spiritual healer;Traditional ceremonial practices;Ceremonial burials, including clothing for the deceased, meals, and other related expenses;Child care during burial ceremonies;Reimbursement for honoraria provided in connection with ceremonial services; andReasonable travel expenses related to the traditional Native American healing ceremonies and practices.(Note: This summary applies to this bill as enacted.)

Current law establishes the youthful offender system (system) in the department of corrections (department) as a sentencing option that provides a continuum of services. The act:Updates references to the juveniles and young adults who are eligible for or participating in the system;Revises certain legislative intent provisions to emphasize lasting behavioral changes in preparation for reentry, trauma-informed care, addressing criminogenic risk, accountability, healthy relationship building, and system participant and staff safety;Expresses the general assembly's intent that juveniles and young adults with physical, intellectual, mental, or behavioral health disabilities or conditions receive equitable treatment in sentencing to the system and reasonable accommodations once in the system;Adds certain data related to system completion rates to an existing annual reporting requirement for the department;Adds requirements for evidence-informed rehabilitative treatment and life skills programming and for individual therapy, family therapy, or substance use disorder treatment;Establishes requirements for system participant evaluations, plans for addressing participants' needs and skills, and case manager duties;Requires the department, in consultation with relevant experts, to make and publish on its website recommendations for integrating a trauma-informed standard of care with current system practices to promote the health and safety of system participants; andExpands certain procedural protections for system participants with mental or behavioral health conditions or intellectual and developmental disabilities.(Note: This summary applies to this bill as enacted.)

The bill prohibits law enforcement and other government entities from purchasing, or otherwise obtaining for anything of value, certain personal data from third parties. Law enforcement agencies and other government entities are also prohibited from sharing individuals' personal data between themselves.Exceptions are created for obtaining personal data, including after obtaining a judicial warrant, subpoena, or court order, when an individual consents to sharing their data and, in the case of an emergency, involving a threat to a person's life or physical safety.The bill creates a private cause of action for an individual who has their personal data obtained or shared in violation of the prohibitions in the bill. Personal data obtained or shared is excluded from trial and other court proceedings, subject to certain exceptions.(Note: This summary applies to this bill as introduced.)

The bill criminalizes the use of an individual's fingerprint, voiceprint, retina, iris, or facial map (personally identifying feature) in an advertisement, deepfake, image, video, voice recording, or other digital depiction, without the individual's permission (unlawful use of a personally identifying feature). Unlawful use of a personally identifying feature is a class 5 felony, and unlawful use of a personally identifying feature with the intent to harm the individual or another individual is a class 4 felony.An individual harmed by an unlawful use of a personally identifying feature may bring a civil cause of action and collect damages and reasonable attorney fees.(Note: This summary applies to this bill as introduced.)

Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial. The act requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services.     The act authorizes community placement of a defendant for treatment and rehabilitation.     For a defendant who was charged with a crime allegedly committed on or after July 1, 2026, the act clarifies the legal standard for a defendant's conditional or unconditional release from the department. The standard for unconditional release is that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous to the defendant's self or others or to the community in the reasonably foreseeable future, is capable of distinguishing right from wrong, and has substantial capacity to conform their conduct to the law. The standard for conditional release is that the defendant can satisfy the standard for unconditional release but with the imposition of and compliance with conditions. At an unconditional release hearing for a defendant who is on conditional release, if any evidence is introduced that shows the defendant is ineligible for unconditional release, the defendant has the burden of proving that the defendant meets the applicable test for unconditional release.(Note: This summary applies to this bill as enacted.)

The act adds a co-responder who is part of a co-responder community response to the list of community members who may petition the court for an extreme risk protection order. Health-care facilities, behavioral health treatment facilities, school districts, the state charter school institute, K-12 charter schools, private schools, and institutions of higher education are established as institutional petitioners that may petition a court for an extreme risk protection order.(Note: This summary applies to this bill as enacted.)

The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration enforcement. A person who violates the United States constitution while participating in civil immigration enforcement and whose conduct was the proximate cause of violating another person's constitutional rights is liable to the person whose rights are violated for legal or equitable relief or any other appropriate relief. The action must be commenced within 2 years after the cause of action accrues.     The act appropriates $125,604 to the department of law from the legal services cash fund to provide legal services for the department of personnel.(Note: This summary applies to this bill as enacted.)

The act clarifies the conduct by which a person can commit criminally negligent homicide to include proximately causing the death of another person while operating or driving a motor vehicle with criminal negligence. The act repeals the class 1 misdemeanor traffic offense of a person being the proximate cause of death to another person while driving a motor vehicle, while clarifying it can be charged as a class 5 felony elsewhere in statute.(Note: This summary applies to this bill as enacted.)