HB 26-1052

HB 26-1052 is a Colorado bill that aims to protect victims of certain crimes by preventing defendants or alleged offenders from representing their victims, especially if the victim is a child or an at-risk adult. The bill also gives victims new rights under the 'Victim Rights Act', such as being notified about wrongful actions by crime lab employees and having the option to use a pseudonym in court hearings. Additionally, it allows victims to request retesting of forensic evidence if there was misconduct by a crime laboratory employee. This bill has been signed into law, meaning its provisions are now enforceable.

Official Summary

For purposes of the 'Victim Rights Act', the bill prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult.     The bill creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held; Be Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings ; and in communications; and      Request forensic medical evidence collected be retested if a crime laboratory employee engaged in wrongful action; andBe heard at a court proceeding involving an application to the court for the issuance of a subpoena for restitution records restitution assessment hearing .(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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