First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0566.01 Jessica Herrera x4218
HOUSE BILL 25-1150
House Committees Senate Committees
Finance
A BILL FOR AN ACT
C
ONCERNING THE FORFEITURE OF PUBLIC EMPLOYEES ' RETIREMENT101
ASSOCIATION BENEFITS BY CONVICTED SEX OFFENDERS , AND, IN102
CONNECTION THEREWITH , CREATING THE SEXUAL ASSAULT103
SURVIVORS' CASH FUND.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Effective January 1, 2026, the bill requires a member or retiree of
the public employees' retirement association (PERA) who has been
convicted of a sex crime and exhausted all appellate review for such a
HOUSE SPONSORSHIP
Weinberg,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. conviction to forfeit their PERA benefits and requires a PERA member
to forfeit the option to refund their member contributions and matching
employer contributions. The bill creates the sexual assault survivors' cash
fund (fund) and requires PERA to transfer an amount of money equal to
the forfeited benefits to the fund. The bill also creates the sexual assault
survivors' grant program in the department of corrections to provide
grants to survivors of a sex crime to use for necessary medical and mental
health resources.
The bill requires a district court to provide for the rights of
innocent persons including, but not limited to, providing the member or
retiree adequate notice of a forfeiture proceeding and holding a hearing
to provide the member or retiree a fair opportunity to defend their
entitlement. The bill forbids a district court from including in the
judgement or order to the association any forfeited retirement benefit to
which a spouse or former spouse of the defendant is entitled under law or
as determined by a court order.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-51-222 as2
follows:3
24-51-222. Forfeiture of benefits by convicted sex offenders -4
definitions - creation - sexual assault survivors' cash fund - definition.5
(1) (a) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES, "SEX CRIME" MEANS ANY OF THE FOLLOWING OFFENSES :7
(I) S
EXUAL ASSAULT, AS DESCRIBED IN SECTION 18-3-402;8
(II) U
NLAWFUL SEXUAL CONTACT , AS DESCRIBED IN SECTION9
18-3-404;10
(III) S
EXUAL ASSAULT ON A CHILD , AS DESCRIBED IN SECTION11
18-3-405;12
(IV) S
EXUAL ASSAULT ON A CHILD BY ONE IN A POSITION OF13
TRUST, AS DESCRIBED IN SECTION 18-3-405.3;14
(V) H
UMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE , AS15
DESCRIBED IN SECTION 18-3-504 (2);16
HB25-1150-2- (VI) SEXUAL EXPLOITATION OF A CHILD, AS DESCRIBED IN SECTION1
18-6-403;2
(VII) S
OLICITING FOR CHILD PROSTITUTION , AS DESCRIBED IN3
SECTION 18-7-402; OR4
(VIII) I
NTERNET SEXUAL EXPLOITATION OF A CHILD, AS DESCRIBED5
IN SECTION 18-3-405.4.6
(2) E
FFECTIVE JANUARY 1, 2026, ANY MEMBER OR RETIREE WHO7
IS CONVICTED OF A SEX CRIME AND HAS EXHAUSTED ALL APPELLATE8
REVIEW FORFEITS ANY RETIREMENT BENEFITS , INCLUDING THE OPTION TO9
RECEIVE A REFUND OF ANY MEMBER CONTRIBUTION OR MATCHING10
EMPLOYER CONTRIBUTION AS DETERMINED BY A DISTRICT COURT ORDER11
AND JUDGMENT IN ACCORDANCE WITH SUBSECTIONS (3) AND (4) OF THIS12
SECTION.13
(3) (a) E
FFECTIVE JANUARY 1, 2026, UNLESS PROHIBITED BY14
APPLICABLE FEDERAL LAW, IF A DISTRICT COURT DETERMINES THAT IT IS15
APPROPRIATE TO REQUIRE A CONVICTED MEMBER OR RETIREE TO FORFEIT16
RETIREMENT BENEFITS IN ACCORDANCE WITH SUBSECTION (2) OF THIS17
SECTION AFTER MAKING DUE PROVISION FOR THE RIGHTS OF INNOCENT18
PERSONS, INCLUDING, BUT NOT LIMITED TO, PROVIDING THE CONVICTED19
MEMBER OR RETIREE ADEQUATE NOTICE OF A FORFEITURE PROCEEDING20
AND HOLDING A HEARING TO PROVIDE THE CONVICTED MEMBER OR21
RETIREE A FAIR OPPORTUNITY TO DEFEND THEIR ENTITLEMENT , THE22
DISTRICT COURT MUST ISSUE THE APPROPRIATE ORDERS AND JUDGMENTS23
THAT DIRECT THE ASSOCIATION TO COMMENCE THE FORFEITURE OF24
RETIREMENT BENEFITS IN ACCORDANCE WITH SUBSECTION (2) OF THIS25
SECTION. THE ORDERS AND JUDGEMENTS MADE MUST INCLUDE :26
(I) A
DETERMINATION THAT THE MEMBER OR RETIREE HAS BEEN27
HB25-1150
-3- CONVICTED OF A SEX CRIME AND EXHAUSTED ALL APPELLATE REVIEW FOR1
SUCH A CONVICTION;2
(II) A
N ORDER TO THE ASSOCIATION TO CALCULATE THE AMOUNT3
OF RETIREMENT BENEFITS THE MEMBER OR RETIREE IS ELIGIBLE TO4
RECEIVE MINUS ANY RETIREMENT BENEFITS FORFEITED IN ACCORDANCE5
WITH SUBSECTION (2) OF THIS SECTION; AND6
(III) A
N ORDER TO THE ASSOCIATION TO TRANSFER AN AMOUNT7
EQUAL TO THE RETIREMENT BENEFITS FORFEITED TO THE SEXUAL ASSAULT8
SURVIVORS' CASH FUND CREATED IN SUBSECTION (5) OF THIS SECTION.9
(4) A
DISTRICT COURT THAT HAS ISSUED A JUDGMENT AND ORDER10
FOR THE FORFEITURE OF RETIREMENT BENEFITS IN ACCORDANCE WITH11
SUBSECTION (3) OF THIS SECTION MUST TAKE INTO CONSIDERATION ANY12
ENTITLEMENT A CONVICTED MEMBER OR RETIREE 'S SPOUSE OR FORMER13
SPOUSE HAS TO THE RETIREMENT BENEFITS . A DISTRICT COURT MAY NOT14
REQUIRE THE FORFEITURE OF ANY RETIREMENT BENEFITS TO WHICH A15
SPOUSE OR FORMER SPOUSE IS ENTITLED UNDER LAW OR AS DETERMINED16
BY A COURT ORDER.17
(5) (a) T
HE SEXUAL ASSAULT SURVIVORS ' CASH FUND IS CREATED18
IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE19
FUND PURSUANT TO SUBSECTION (3) OF THIS SECTION AND ANY OTHER20
MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER21
TO THE FUND.22
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND23
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE24
SEXUAL ASSAULT SURVIVORS ' CASH FUND TO THE FUND.25
SECTION 2. In Colorado Revised Statutes, add 17-28-104 as26
follows:27
HB25-1150
-4- 17-28-104. Sexual assault survivors' restitution grant program1
- application - rules. (1) T
HE SEXUAL ASSAULT SURVIVORS' RESTITUTION2
GRANT PROGRAM IS CREATED IN THE DEPARTMENT . THE PURPOSE OF THE3
PROGRAM IS TO PROVIDE GRANTS TO SURVIVORS OF A SEX CRIME AS4
DEFINED IN SECTION 24-51-222.5
(2) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH6
THE GRANT PROGRAM TO RECEIVE MEDICAL AND MENTAL HEALTH7
RESOURCES.8
(3) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM9
AND, SUBJECT TO AVAILABLE APPROPRIATIONS, SHALL AWARD GRANTS AS10
PROVIDED IN THIS SECTION. GRANTS MUST BE PAID OUT OF THE SEXUAL11
ASSAULT SURVIVORS' CASH FUND CREATED IN SECTION 24-51-222 (5).12
(4) T
HE DEPARTMENT MAY PROMULGATE RULES AS NECESSARY TO13
IMPLEMENT THE GRANT PROGRAM . AT A MINIMUM, THE RULES MUST14
SPECIFY THE CRITERIA FOR PROVIDING GRANTS TO SURVIVORS AND THE15
APPLICATION PROCESS.16
(5) T
O RECEIVE A GRANT, A SURVIVOR OF A SEX CRIME MUST17
SUBMIT AN APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH18
RULES PROMULGATED BY THE DEPARTMENT .19
SECTION 3. Act subject to petition - effective date. This act20
takes effect at 12:01 a.m. on the day following the expiration of the21
ninety-day period after final adjournment of the general assembly; except22
that, if a referendum petition is filed pursuant to section 1 (3) of article V23
of the state constitution against this act or an item, section, or part of this24
act within such period, then the act, item, section, or part will not take25
effect unless approved by the people at the general election to be held in26
HB25-1150
-5- November 2026 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
HB25-1150
-6-