Bill Summary
HB26-1052 makes targeted updates to Colorado’s Victim Rights Act. The bill closes a serious conflict of interest for child and at-risk adult victims, adds practical privacy protections, and strengthens notice and participation when crime lab wrongful action may affect a case.
- Prohibits a defendant or alleged offender from being the “lawful representative” for a child victim or an at-risk adult victim.
- Adds a victim right to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings and in communications, to protect safety or privacy.
- Expands “critical stages” to include a district attorney’s receipt of notice that a crime laboratory employee engaged in wrongful action, and an evidentiary hearing on a post-conviction petition for relief.
- Requires the district attorney to inform the victim when the district attorney received notice of crime lab wrongful action tied to a crime against the victim, and when an evidentiary hearing on a post-conviction petition for relief is held.
- Allows a victim to request retesting of forensic medical evidence collected in the victim’s case if a crime laboratory employee engaged in wrongful action.
- Clarifies victim rights to be heard when someone seeks subpoenas for sensitive records, including restitution records, medical, mental health, education, victim compensation, and other privileged records.
Position: Support
This is a common-sense bill that strengthens victim protections without turning courtrooms into political theater. The justice system should protect the vulnerable, keep the process fair, and prevent further harm. This bill stays in that lane.
It also tightens transparency when crime lab wrongful action is identified. When evidence integrity is in question, victims should not be the last to know.
Why I Am Taking This Position
First, the “lawful representative” fix is overdue. If the victim is a child or an at-risk adult, the defendant or alleged offender should not be allowed to steer the victim’s participation in the process. That is an obvious conflict of interest, and this bill blocks it.
Second, the privacy provision is solid and practical. Courts are public, and records can follow people for a long time. Allowing a victim to be referred to by initials, a pseudonym, or another preferred name can reduce risk while still preserving the court’s ability to do its job.
Third, the bill clarifies certain “critical stages” that trigger victim notice and participation. Two matter a lot: when a district attorney receives notice of wrongful action by a crime lab employee, and when there is an evidentiary hearing on a post-conviction petition for relief. If the case is being revisited because evidence may be compromised, victims should be informed and have a voice. Not a veto. A voice.
Fourth, the retesting option is pro-truth. If a crime lab employee’s wrongful action touches the victim’s case, letting the victim request retesting of forensic medical evidence is a reasonable safeguard for the integrity of outcomes.
Finally, the subpoena and records provisions are an important guardrail. This bill strengthens the victim’s ability to be heard when parties seek sensitive records, including restitution records. That is a narrow but meaningful protection against needless invasions of privacy.
One clean way to say it: sunshine and guardrails beat surprises and cleanup.
Call to Action – What You Should Do!
Contact your state representative and senator. Ask them to support HB26-1052.
If you have been through the system as a victim or a family member, share your experience respectfully. Lawmakers need to hear what helps and what harms.
