Law enforcement must conduct “lethality assessment” in domestic violence situations. House Bill 26-1009 was rescheduled to February 18, 2026. Democrats sponsor it.
The bill creates unfunded mandate on law enforcement. Training costs, form development, procedure implementation, staff time—all fall on local law enforcement budgets already strained. No state funding accompanies the mandate.
Officers responding to domestic violence calls must complete paperwork and assessment protocols during emergency situations. Time spent on bureaucratic requirements is time not spent on immediate safety and enforcement.
“Lethality assessments” can be weaponized in custody disputes. One parent claims domestic violence, assessment creates official record favoring that parent, even if allegations are false or exaggerated. Documentation gets used in custody proceedings regardless of assessment accuracy.
Training costs divert resources from actual law enforcement. Officers need training on assessment protocols. Time spent in training is time not spent on patrol, investigation, or community protection.
The bill creates new basis for lawsuits against officers and departments if assessment deemed inadequate. Victim harmed after officer completed assessment? Lawsuit claims assessment was insufficient. Officers face liability for assessment quality, not just their direct actions.
This parallels federal Violence Against Women Act mandates conditioning funding on state compliance with federal preferences. This is state-level version—Denver legislators mandating procedures on rural sheriffs with different circumstances and needs.
Counties and municipalities should determine their own procedures for domestic violence response based on local resources, needs, and circumstances.
With Democrat supermajorities, passage is likely once rescheduled hearing occurs. Law enforcement groups may oppose due to unfunded mandate concerns.
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