Strangulation can be one of the most dangerous forms of assault; despite the lack of visible ailments it is accompanied by. Though strangulation leaves no broken bones, bruises or visible wounds, it is one of the strongest predictors of future homicides for domestic violence victims.    

Until this year, second-degree assault by strangulation was not classified on the same level as other potentially lethal assaults. House Bill 26-1290 changes this, escalating the sentencing requirements for offenders who commit a second offense and allows Colorado courts to intervene before more violence ensues.

I sponsored this legislation because adequate justice should not be dependent upon the number of physical marks a violent offender leaves on the victim. This bill went into effect on Sept. 1, giving victims more security that will hopefully bring relief before it is too late.        

Assault in the second degree by strangulation is a class 4 felony in the state of Colorado, often resulting in two to four years in prison. Due to longstanding court rulings and legal precedents, strangulation has been placed in the state’s less aggravated category of violent crime.

HB26-1290 sheds light on this legal loophole that allows violent offenders to receive minimal punishment for a crime that leads to frequent homicides and abuse for women, medical providers and others throughout the state.

The bill is designed to provide justice by requiring the court to elevate the sentencing for a second-degree assault by strangulation on a second offense, often resulting in mandatory incarceration.

According to the Training Institute of Strangulation Prevention, domestic violence victims are 750% more likely to be victims of a homicide on a second offense. One in four women experience domestic violence in their lifetime, and 68% of them will be assaulted by strangulation.

Rather than mitigating the crime after the homicide happens, this law creates earlier opportunities for the courts to inflict more severe penalties on repeat offenders. Because offenders are more likely to commit murders on a second offense, this could interrupt future escalated violence.

This law, which went into effect on Sept. 1, was a hard-fought win in the Colorado legislature. I sponsored this same bill the year prior to bring forth more accountability under Colorado law, but it was killed in committee.

My colleagues and I brought it back this year, and HB26-1290 passed unanimously in both the House and the Senate.

Though this bill primarily protects women who are victims of domestic violence, it also protects medical providers such as nurses and peace officers who face threats of strangulation in their line of work.

It is no secret Colorado crime rates are on the rise and serve as a constant threat to our citizens. According to a study done in April by the Common Sense Institute, Colorado ranks third in the nation for aggravated crime and eighth in violent crime.

As we continue to move forward, public safety has to be a top priority for every lawmaker in the Colorado legislature.

Citizens of Colorado deserve to live in peace without fear of becoming a victim. There should be reassurance from elected officials we care about the protection and safety of individuals and their families, and we maintain justice by holding offenders accountable.

The government has failed its essential role when it fails to protect its citizens and obtain justice for all. Though HB26-1290 is a step in the right direction, the Colorado government needs to remember its core role: to protect, to serve and to secure justice.

In the upcoming session I plan to build off the success of HB26-1290, knowing our work is far from over and urging my colleagues to join me in my fight to bring public safety back to the forefront of the Colorado legislature.

Anthony Hartsook represents District 44 in the Colorado House of Representatives. He serves as the caucus chair while also serving on the legislative council, education and finance committee. Rep. Hartsook served in the U.S. Army for 26 years, he served in combat deployments to Iraq, Afghanistan and the first Gulf War. As a father, husband, businessperson and decorated combat veteran, he serves the Colorado people with honor and dignity.