First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0264.01 Jacob Baus x2173
SENATE BILL 23-097
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE101
C
OLORADO COMMISSION ON CRI MINAL AND JUVENILE JUSTICE102
REGARDING MOTOR VEHICLE OFFENSES COMMITTED BY A103
PERSON WHO IS NOT THE OWNER OF THE MOTOR VEHICLE .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
.)
Current law criminalizes auto theft as "aggravated motor vehicle
theft in the first degree" and "aggravated motor vehicle theft in the second
degree". The penalties for both aggravated motor vehicle thefts are based
SENATE SPONSORSHIP
Zenzinger and Gardner, Kirkmeyer, Lundeen, Pelton B., Pelton R., Rich
HOUSE SPONSORSHIP
Bird and Soper,
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. on the value of the vehicle or vehicles stolen.
The bill changes the term of the offense "aggravated motor vehicle
theft" to "motor vehicle theft". The elements for motor vehicle theft in the
first degree and second degree are changed and motor vehicle theft in the
third degree is created. The penalties for motor vehicle theft are no longer
based on the value of the vehicle or vehicles stolen. Motor vehicle theft
in the first degree is a class 3 felony, motor vehicle theft in the second
degree is a class 4 felony, and motor vehicle theft in the third degree is a
class 5 felony.
The bill creates the offense "unauthorized use of a motor vehicle"
and makes it a class 1 misdemeanor, or a class 5 felony for a second or
subsequent offense.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-4-409, amend2
(1)(a), (2), (3), and (4); and add (6) as follows:3
18-4-409. Motor vehicle theft - definitions. (1) As used in this4
section, unless the context otherwise requires:5
(a) "Motor vehicle" means all vehicles of whatever description
6
propelled by any power other than muscular, except vehicles running on7
rails ANY SELF-PROPELLED VEHICLE THAT IS DESIGNED PRIMARILY FOR8
TRAVEL ON PUBLIC HIGHWAYS AND THAT IS GENERALLY AND COMMONLY9
USED TO TRANSPORT PERSONS AND PROPERTY OVER THE PUBLIC10
HIGHWAYS.11
(2) A person commits aggravated motor vehicle theft in the first12
degree if he or she THE PERSON knowingly obtains, or exercises control13
over,
RECEIVES, OR RETAINS the motor vehicle of another PERSON; AND14
THE PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE15
ACT WAS without authorization or WAS by threat or deception; and THE16
PERSON HAS TWO PRIOR CONVICTIONS OR ADJUDICATIONS OF CHARGES17
SEPARATELY BROUGHT AND TRIED FOR AN OFFENSE INVOLVING MOTOR18
VEHICLE THEFT OR UNAUTHORIZED USE OF A MOTOR VEHICLE IN THIS19
SB23-097-2- STATE, A MUNICIPALITY, ANOTHER STATE, THE UNITED STATES, OR ANY1
TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES.2
(a) Retains possession or control of the motor vehicle for more3
than twenty-four hours; or4
(b) Attempts to alter or disguise or alters or disguises the5
appearance of the motor vehicle; or6
(c) Attempts to alter or remove or alters or removes the vehicle7
identification number; or8
(d) Uses the motor vehicle in the commission of a crime other9
than a traffic offense; or10
(e) Causes five hundred dollars or more property damage,11
including but not limited to property damage to the motor vehicle12
involved, in the course of obtaining control over or in the exercise of13
control of the motor vehicle; or14
(f) Causes bodily injury to another person while he or she is in the15
exercise of control of the motor vehicle; or16
(g) Removes the motor vehicle from this state for a period of time17
in excess of twelve hours; or18
(h) Unlawfully attaches or otherwise displays in or upon the motor19
vehicle license plates other than those officially issued for the motor20
vehicle.21
(3) Aggravated motor vehicle theft in the first degree is a A22
PERSON COMMITS MOTOR VEHICLE THEFT IN THE SECOND DEGREE IF THE23
PERSON KNOWINGLY OBTAINS , EXERCISES CONTROL OVER, RECEIVES, OR24
RETAINS THE MOTOR VEHICLE OF ANOTHER PERSON ; AND THE PERSON25
KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS26
WITHOUT AUTHORIZATION OR WAS BY THREAT OR DECEPTION ; AND:27
SB23-097
-3- (a) Class 5 felony if the value of the motor vehicle or motor1
vehicles involved is less than twenty thousand dollars THE PERSON2
RETAINS POSSESSION OR CONTROL OF THE MOTOR VEHICLE FOR MORE3
THAN TWENTY-FOUR HOURS;4
(a.5) Class 4 felony if the value of the motor vehicle or motor5
vehicles involved is twenty thousand dollars or more but less than one6
hundred thousand dollars;7
(b) Class 3 felony if the value of the motor vehicle or motor8
vehicles involved is more than one hundred thousand dollars or if the9
defendant has twice previously been convicted or adjudicated of charges10
separately brought and tried either in this state or elsewhere of an offense11
involving theft of a motor vehicle under the laws of this state, any other12
state, the United States, or any territory subject to the jurisdiction of the13
United States THE PERSON ATTEMPTS TO ALTER OR DISGUISE OR ALTERS14
OR DISGUISES THE APPEARANCE OF THE MOTOR VEHICLE ;15
(c) T
HE PERSON ATTEMPTS TO ALTER OR REMOVE OR ALTERS OR16
REMOVES THE VEHICLE IDENTIFICATION NUMBER ;17
(d) T
HE PERSON REMOVES THE MOTOR VEHICLE FROM THIS STATE ;18
(e) T
HE PERSON UNLAWFULLY ATTACHES OR DISPLAYS A LICENSE19
PLATE IN OR UPON THE MOTOR VEHICLE OTHER THAN THOSE PLATES20
OFFICIALLY ISSUED FOR THE MOTOR VEHICLE ;21
(f) T
HE PERSON OR A PARTICIPANT CAUSES ONE THOUSAND22
DOLLARS OR MORE PROPERTY DAMAGE , INCLUDING PROPERTY DAMAGE TO23
THE MOTOR VEHICLE INVOLVED , IN THE COURSE OF OBTAINING CONTROL24
OVER, IN THE EXERCISE OF CONTROL OF, IN THE COURSE OF RECEIVING, OR25
IN THE COURSE OF RETAINING THE MOTOR VEHICLE ;26
(g) T
HE PERSON CAUSES BODILY INJURY TO ANOTHER PERSON27
SB23-097
-4- OTHER THAN TO A PARTICIPANT WHILE IN THE EXERCISE OF CONTROL OF1
THE MOTOR VEHICLE;2
(h) T
HE PERSON USES OR ATTEMPTS TO USE THE MOTOR VEHICLE3
IN THE COMMISSION OF A CRIME OTHER THAN :4
(I) A
TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER AS5
DESCRIBED IN SECTION 42-4-1413; OR6
(II) A
FIRST OR SECOND DEGREE CRIMINAL TRESPASS OF THE7
MOTOR VEHICLE; OR8
(i) A
T THE TIME OF THE ACT, THE MOTOR VEHICLE DISPLAYED A9
LICENSE PLATE OR PLACARD INDICATING THE MOTOR VEHICLE BELONGS TO10
A PERSON WITH A DISABILITY.11
(4) A person commits aggravated motor vehicle theft in the
12
second degree if he or she knowingly obtains or exercises control over the13
motor vehicle of another without authorization or by threat or deception14
and if none of the aggravating factors in subsection (2) of this section are15
present. Aggravated motor vehicle theft in the second degree is a A16
PERSON COMMITS MOTOR VEHICLE THEFT IN THE THIRD DEGREE IF THE17
PERSON KNOWINGLY:18
(a) Class 5 felony if the value of the motor vehicle or motor19
vehicles involved is twenty thousand dollars or more OBTAINS OR20
EXERCISES CONTROL OVER the motor vehicle of another PERSON; AND THE21
PERSON KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT22
WAS WITHOUT AUTHORIZATION OR WAS BY THREAT OR DECEPTION ; OR23
(b) Class 6 felony if the value of the motor vehicle or motor24
vehicles involved is two thousand dollars or more but less than twenty25
thousand dollars RECEIVES OR RETAINS THE MOTOR VEHICLE FROM26
ANOTHER PERSON WHO IS NOT THE OWNER OF THE MOTOR VEHICLE ; THE27
SB23-097
-5- PERSON EXERCISES CONTROL OVER THE MOTOR VEHICLE ; AND THE PERSON1
KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS2
WITHOUT AUTHORIZATION OF THE OWNER .3
(c) Class 1 misdemeanor if the value of the motor vehicle or4
motor vehicles involved is less than two thousand dollars.5
(6) (a) M
OTOR VEHICLE THEFT IN THE FIRST DEGREE IS A CLASS 36
FELONY.7
(b) M
OTOR VEHICLE THEFT IN THE SECOND DEGREE IS A CLASS 48
FELONY.9
(c) M
OTOR VEHICLE THEFT IN THE THIRD DEGREE IS A CLASS 510
FELONY.11
SECTION 2. In Colorado Revised Statutes, add 18-4-409.5 as12
follows:13
18-4-409.5. Unauthorized use of a motor vehicle - definition.14
(1) A
PERSON COMMITS UNAUTHORIZED USE OF A MOTOR VEHICLE IF THE15
PERSON OBTAINS OR EXERCISES CONTROL OVER THE MOTOR VEHICLE OF16
ANOTHER PERSON WITHOUT AUTHORIZATION OF THE OWNER AND :17
(a) T
HE PERSON DOES NOT COMMIT A CRIMINAL OFFENSE OTHER18
THAN A MISDEMEANOR TRAFFIC OFFENSE EXCEPT ELUDING A POLICE19
OFFICER AS DESCRIBED IN SECTION 42-4-1413 IN THE COURSE OF20
OBTAINING CONTROL OVER OR IN THE EXERCISE OF CONTROL OF A MOTOR21
VEHICLE; AND22
(b) T
HE MOTOR VEHICLE IS RETURNED TO THE OWNER OR23
RECOVERED BY LAW ENFORCEMENT WITHIN TWENTY -FOUR HOURS AFTER24
BEING REPORTED AS MISSING OR STOLEN BY THE OWNER , WITH NO25
DAMAGE TO THE MOTOR VEHICLE .26
(2) U
NAUTHORIZED USE OF A MOTOR VEHICLE IS A CLASS 127
SB23-097
-6- MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE FOR A1
VIOLATION OF THIS SECTION IS A CLASS 5 FELONY.2
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES, "MOTOR VEHICLE" HAS THE SAME MEANING AS DEFINED IN4
SECTION 18-4-409.5
SECTION 3. In Colorado Revised Statutes, 18-17-103, amend6
(5)(b)(II) as follows:7
18-17-103. Definitions. As used in this article 17, unless the8
context otherwise requires:9
(5) "Racketeering activity" means to commit, to attempt to10
commit, to conspire to commit, or to solicit, coerce, or intimidate another11
person to commit:12
(b) Any violation of the following provisions of the Colorado13
statutes or any criminal act committed in any jurisdiction of the United14
States which, if committed in this state, would be a crime under the15
following provisions of the Colorado statutes:16
(II) Offenses against property, as defined in sections 18-4-10217
(first degree arson), 18-4-103 (second degree arson), 18-4-104 (third18
degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree19
burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery),20
18-4-302 (aggravated robbery), 18-4-303 (aggravated robbery of21
controlled substances), 18-4-401 (theft), 18-4-409 (aggravated
(motor22
vehicle theft), 18-4-409.5 (
UNAUTHORIZED USE OF A MOTOR VEHICLE ),23
and 18-4-501 (criminal mischief);24
SECTION 4. In Colorado Revised Statutes, 19-1-304, amend25
(5.5) as follows:26
19-1-304. Juvenile delinquency records - division of youth27
SB23-097
-7- services critical incident information - definitions. (5.5) Whenever a1
petition is filed in juvenile court alleging a class 1, class 2, class 3, or2
class 4 felony; a level 1, level 2, or level 3 drug felony; an offense3
involving unlawful sexual behavior as defined in section 16-22-102 (9);4
a crime of violence as described in section 18-1.3-406; a burglary offense5
as described in part 2 of article 4 of title 18; felony menacing, in violation6
of section 18-3-206; harassment, in violation of section 18-9-111; fourth7
degree arson, in violation of section 18-4-105; aggravated motor vehicle8
theft, in violation of section 18-4-409; hazing, in violation of section9
18-9-124; or possession of a handgun by a juvenile, in violation of section10
18-12-108.5, or when a petition is filed in juvenile court in which the11
alleged victim of the crime is a student or staff person in the same school12
as the juvenile or in which it is alleged that the juvenile possessed a13
deadly weapon during the commission of the alleged crime, the14
prosecuting attorney, within three working days after the petition is filed,15
shall make good faith reasonable efforts to notify the principal of the16
school in which the juvenile is enrolled and shall provide such principal17
with the arrest and criminal records information, as defined in section18
24-72-302. (1). In the event the prosecuting attorney, in good faith, is not19
able to either identify the school that the juvenile attends or contact the20
principal of the juvenile's school, then the prosecuting attorney shall21
contact the superintendent of the juvenile's school district.22
SECTION 5. In Colorado Revised Statutes, 42-2-202, amend23
(2)(a)(V) as follows:24
42-2-202. Habitual offenders - frequency and type of25
violations. (2) (a) An habitual offender is a person having three or more26
convictions of any of the following separate and distinct offenses arising27
SB23-097
-8- out of separate acts committed within a period of seven years:1
(V) Vehicular assault or vehicular homicide, or manslaughter or2
criminally negligent homicide which results from the operation of a motor3
vehicle, or aggravated motor vehicle theft, as such offenses are described4
in title 18; C.R.S.;5
SECTION 6. Effective date - applicability. This act takes effect6
July 1, 2023, and applies to offenses committed on or after July 1, 2023.7
SECTION 7. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
SB23-097
-9-