Colorado Bill HB26-1290 Expands Assault Definition for Medical Providers

Detected March 28th, 2026

Summary

Colorado Bill HB26-1290 proposes to expand the definition of 'emergency medical care provider' for assault offenses and modifies the mens rea for second-degree assault against public servants. It also clarifies sentencing for second-degree assault by strangulation.

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What changed

Colorado Bill HB26-1290, introduced for the 2026 Regular Session, seeks to amend the criminal offense of assault. Key changes include expanding the definition of 'emergency medical care provider' to encompass all functions related to medical care and altering the intent requirement for second-degree assault against certain public servants from 'intentionally' to 'knowingly' causing bodily injury. Additionally, the bill clarifies that second-degree assault by strangulation with a deadly weapon can be charged as a crime of violence, subject to mandatory incarceration, if the defendant has a prior conviction for the same offense.

This bill, currently under consideration, will impact how assault charges are prosecuted against medical providers and public servants in Colorado. Compliance officers in healthcare settings should monitor its progress and potential enactment. If passed, it will necessitate updates to internal policies and training regarding patient interactions and reporting of incidents. The clarification on 'crime of violence' status for strangulation offenses may lead to stricter sentencing for repeat offenders.

What to do next

Monitor the progress of Colorado Bill HB26-1290.
Review internal policies related to assault offenses against medical providers and public servants if the bill is enacted.
Update staff training on assault definitions and reporting procedures.

Penalties

Clarifies that second degree assault by strangulation may be charged as a crime of violence subject to mandatory incarceration if the defendant has previously been convicted of second degree assault by strangulation.

Source document (simplified)

HB26-1290

Criminal Offense of Assault

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Crimes, Corrections, & Enforcement |
Concerning the criminal offense of assault, and, in connection therewith, changing the requirements to commit assault against certain public servants and medical care providers and clarifying sentencing.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

The bill expands the definition of "emergency medical care provider" for the purposes of assault offenses to include providers who are performing any function related to medical care.

Under current law, second degree assault by preventing certain public servants from performing a lawful duty requires intentionally causing bodily injury to another person. The bill changes the requirement 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.

(Note: This summary applies to this bill as introduced.)