SB26-124 Colorado Survivor Justice Act
Summary
Colorado Senate Bill SB26-124, the Survivor Justice Act, proposes to allow defendants raising self-defense to present evidence of violence committed by the alleged victim. The bill would create alternative sentencing for defendants who are victims of violence, making them eligible for probation or other non-incarceration sentences rather than mandatory department of corrections sentences. The bill also authorizes post-conviction relief petitions for individuals currently serving sentences of 15+ years if they can demonstrate they were victims of violence that significantly contributed to their offense.
What changed
SB26-124 modifies Colorado criminal procedure by authorizing defendants to offer evidence of acts of violence committed by the alleged victim when raising self-defense. The bill creates a new alternative sentencing framework allowing courts to sentence victim-defendants to probation or other alternatives instead of incarceration when violence was a significant contributing factor to the offense. The bill also establishes a post-conviction relief mechanism for current inmates serving 15+ year sentences who were victims of violence, allowing them to petition for sentence reconsideration.
Criminal defendants asserting self-defense would gain expanded evidentiary rights under this bill. Courts would obtain new discretionary authority over sentencing for qualifying victim-defendants. Inmates currently serving lengthy sentences may become eligible to seek resentencing if they meet the victim-offender criteria and can demonstrate by preponderance of evidence that prior violence was a significant contributing factor.
Archived snapshot
Apr 18, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
SB26-124
Colorado Survivor Justice Act
| Type | Bill |
|---|---|
| Session | 2026 Regular Session |
| Subjects | Courts & Judicial Crimes, Corrections, & Enforcement |
Concerning measures to provide legal relief for individuals who are victims of acts of violence.
Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:
If a defendant raises the affirmative defense of self-defense, the bill authorizes the defendant to offer relevant evidence of an act of violence committed by the alleged victim that is known to the defendant or perpetrated against the defendant and that affects the reasonableness of the defendant's belief in their justification in using self-defense.
The bill creates an alternative mandatory sentence for a defendant who is a victim of an act of violence if the court determines, based on the relevant evidence presented, that the act of violence was a significant contributing factor to the offense for which the defendant is being sentenced. If a victim-defendant meets the criteria, the court is not required to sentence the victim-defendant to the department of corrections and the victim-defendant is eligible for probation or other alternative sentences. A victim-defendant convicted of certain criminal offenses is not eligible for alternative sentencing.
The bill authorizes an individual serving a sentence with the department of corrections to file a petition with the court where the conviction was obtained requesting post-conviction relief from the terms of the sentence (petition) if the individual is a victim of an act of violence and:
- If an offense resulting in conviction was committed before July 1, 2026; and
If the victim-petitioner received a sentence in the case of 15 years or more to the department of corrections, excluding the parole term of the sentence.
The petition must allege that the victim-petitioner was subjected to an act of violence and that the act of violence was a significant contributing factor to the offense for which the victim-petitioner was initially sentenced. The court shall determine whether to grant a hearing on the petition and, based on the evidence presented, determine by a preponderance of the evidence if the victim-petitioner was subjected to an act of violence and if the following criteria are met:The act of violence was a significant contributing factor to the offense; or
The prosecution agrees that the best interests of justice and the welfare of society would be served by departure from the presumptive sentencing range initially imposed.
If the court determines the victim-petitioner meets the criteria, the victim-petitioner may file a motion for reconsideration and reduction of the initial sentence. A victim-petitioner convicted of certain criminal offenses is not eligible for post-conviction relief.
(Note: This summary applies to this bill as introduced.)
Prime Sponsors
Katie Wallace
Committees
Senate
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Status
Under Consideration
Introduced
Under Consideration
Upcoming Schedule
1 meeting
Apr 21
Senate General Orders - Second Reading of Bills
9:00 AM Senate Chamber
Related Documents & Information
| Date | Version | Documents |
|---|---|---|
| 02/25/2026 | Introduced |
| Date | Version | Documents |
|---|---|---|
| 03/19/2026 | PA1 |
| Date | Version | Documents |
|---|---|---|
| 03/24/2026 | First Revised Fiscal Note | |
| 03/16/2026 | Initial Fiscal Note |
| Date | Version | Documents |
|---|---|---|
| 04/15/2026 | SA1 |
| Activity | Vote | Documents |
|---|---|---|
| Refer Senate Bill 26-124 to the Committee of the Whole. | The motion passed on a vote of 7-0. | Vote summary |
| Hearing Summary | Committee Report: PDF | |
| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.001 (Attachment A) | The motion passed without objection. | Vote summary |
| Refer Senate Bill 26-124, as amended, to the Committee on Appropriations. | The motion passed on a vote of 4-2. | Vote summary |
| Hearing Summary | Committee Report: PDF | |
| Date | Amendment Number | Committee/ Floor Hearing |
| --- | --- | --- |
| 03/18/2026 | L.001 | SEN Judiciary |
- Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.
** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.
| Date | Location | Action |
|---|---|---|
| 04/17/2026 | Senate | Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole |
| 03/18/2026 | Senate | Senate Committee on Judiciary Refer Amended to Appropriations |
| 02/25/2026 | Senate | Introduced In Senate - Assigned to Judiciary |
Prime Sponsor
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