Bill

Bill > HB1227


CO HB1227

CO HB1227
Assault in Second Degree


summary

Introduced
02/11/2025
In Committee
02/11/2025
Crossed Over
Passed
Dead
03/18/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill makes several important modifications to Colorado's assault laws. First, it expands the definition of "emergency medical care provider" to include any staff member performing any function related to medical care, not just emergency care. The bill also changes the mental state required for assault of an emergency medical care provider from "intentionally causes bodily injury" to "knowingly causes bodily injury" when preventing them from performing a lawful duty. Importantly, the bill clarifies that second-degree assault by strangulation can be charged as a crime of violence if a deadly weapon is used, with a body part potentially qualifying as a deadly weapon. To charge assault under this provision, prosecutors must specifically allege and prove beyond a reasonable doubt that a deadly weapon was used during the assault. The bill will take effect after the 90-day legislative period, with a potential referendum, and will apply to offenses committed on or after September 1, 2025, or after its approval by voters in the November 2026 election.

Committee Categories

Justice

Sponsors (2)

Last Action

House Committee on Judiciary Postpone Indefinitely (on 03/18/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...