Concerning measures to prevent organized retail theft, and, in connection therewith, creating the retail theft prevention advisory board and the retail theft prevention grant program in the division of criminal justice.
HB26-1138 creates a new statewide structure to address organized retail theft and gift card fraud in Colorado. The bill establishes a Retail Theft Prevention Advisory Board in the Office of the Attorney General and a Retail Theft Prevention Grant Program in the Division of Criminal Justice. The advisory board is tasked with setting grant procedures, reviewing applications, awarding grants, collecting and analyzing data on felony-level retail theft and gift card fraud, and developing policy recommendations with state and federal partners.
The grant program is available to state and local law enforcement agencies, district attorneys, multijurisdictional or regional task forces, and tribal law enforcement agencies. Grants may be used for investigations and prosecutions, technology and data-sharing tools, training and technical assistance, and prevention and deterrence initiatives. The bill also authorizes the Attorney General to accept gifts, grants, and donations to support the program and allows the Division of Criminal Justice to enter into an intergovernmental operating agreement with the Attorney General’s Office and the Colorado Retail Theft Task Force to coordinate anti-theft efforts.
The bill requires annual reporting beginning in January 2028 through the Division’s SMART Act hearing. Those reports must include grant recipients and amounts, performance outcomes, the number of organized felony-level retail theft cases initiated, the amount of money sought, and case outcomes. The advisory board and the related section of existing law are both repealed on November 1, 2029, making the program temporary unless later extended.
The bill’s impact on state law is to add a new grant-and-coordination framework within the Division of Criminal Justice and to amend the existing Crime Prevention Through Safer Streets Grant Program statute so that appropriated funds can also support the new retail theft program. It also ties the new program to existing criminal theft statutes by defining felony-level retail theft as theft offenses under section 18-4-401 committed against retailers, and it specifically targets organized criminal activity and gift card fraud. The bill was signed by the Governor, indicating final enactment.
Overall, the bill appears to have broad support as a public-safety and anti-crime measure, with its design modeled on Colorado’s auto theft prevention approach. The main policy emphasis is on coordination, data collection, and targeted funding rather than new criminal penalties. Any likely points of contention would center on the use of state funds, the role of the Attorney General versus local agencies, and whether the program’s temporary structure and reporting requirements are sufficient to produce measurable reductions in retail theft.
The bill adds section 24-33.5-540 to the Colorado Revised Statutes, creating a Retail Theft Prevention Advisory Board and a Retail Theft Prevention Grant Program within the Division of Criminal Justice. It also amends section 24-33.5-117 to allow the existing Crime Prevention Through Safer Streets grant appropriation to support the new retail theft program and extends the repeal date of that section. The measure affects law enforcement agencies, district attorneys, tribal law enforcement, retailers, and the Attorney General’s Office by creating new grant eligibility, coordination, and reporting obligations focused on organized felony-level retail theft and gift card fraud.
The bill’s stated purpose and structure suggest generally favorable sentiment, with lawmakers framing it as a practical public-safety response to organized retail theft and fraud. The use of a grant-based, data-driven model modeled after Colorado’s auto theft efforts indicates support for collaborative enforcement and prevention. The absence of recorded committee testimony or vote details limits the ability to identify specific opposition, but the bill’s enactment and signing suggest it advanced with sufficient support.
The most likely areas of contention are fiscal and structural: how much state money should be directed to retail theft enforcement, whether funds should be administered through the Attorney General and Division of Criminal Justice, and how much authority should rest with the advisory board versus local agencies. Retailers and law enforcement are likely to support the bill’s focus on organized theft, while concerns could come from those wary of expanding grant programs, creating new administrative bodies, or emphasizing enforcement over broader retail crime prevention strategies. The temporary repeal date and required reporting may also reflect an effort to address concerns about oversight and program effectiveness.