Lawmakers ask committee to review 'extreme indifference' statute, citing racial disparities in charges and convictions

Two state lawmakers told the committee the criminal‑justice code section commonly described as "extreme indifference" is being applied too broadly and disproportionately affects Black Coloradans.

Representative Carter said the bill he and Representative Espinosa advanced seeks to clarify the underlying crime and limit prosecutorial overreach. "For years in Colorado, there's something called extreme indifference ... it now has become in practice something that prosecutors have used to weaponize this portion of the statute," Carter said, adding that a provided fiscal note shows disparate outcomes. "While only 109 individuals in the state of Colorado have been charged with both of these, we are 5% of the population, yet we are 25% of the individuals who are convicted and charged with this crime," Carter said.

Representative Espinosa added that the most common uses are in alleged gang incidents and nonfatal drive‑by shootings, and that charging persons with attempted extreme indifference can lead to lifetime sentences even when no death occurred. Both representatives urged the commission to consider how its work and resulting recommendations could address sentencing disparities and prosecutorial discretion.

Commission members thanked the representatives for raising the issue; no legislative change was voted on during this meeting.