First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0264.01 Jacob Baus x2173
SENATE BILL 23-097
Senate Committees House Committees
Judiciary Judiciary
Appropriations Appropriations
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 , AND,
104
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .105
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
HOUSE
3rd Reading Unamended
May 6, 2023
HOUSE
Amended 2nd Reading
May 3, 2023
SENATE
3rd Reading Unamended
March 13, 2023
SENATE
Amended 2nd Reading
March 10, 2023
SENATE SPONSORSHIP
Zenzinger and Gardner, Kirkmeyer, Lundeen, Pelton B., Pelton R., Rich, Bridges, Ginal,
Hinrichsen, Marchman, Mullica, Priola, Roberts, Smallwood
HOUSE SPONSORSHIP
Bird and Soper, Armagost, Bradley, DeGraaf, Duran, Evans, Frizell, Lukens, Lynch,
Marshall, McCluskie, Snyder
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. degree". The penalties for both aggravated motor vehicle thefts are based
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)
and (7) 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 description6
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
097-2- VEHICLE THEFT OR UNAUTHORIZED USE OF A MOTOR VEHICLE IN THIS1
STATE, A MUNICIPALITY, ANOTHER STATE, THE UNITED STATES, OR ANY2
TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES.3
(a) Retains possession or control of the motor vehicle for more4
than twenty-four hours; or5
(b) Attempts to alter or disguise or alters or disguises the6
appearance of the motor vehicle; or7
(c) Attempts to alter or remove or alters or removes the vehicle8
identification number; or9
(d) Uses the motor vehicle in the commission of a crime other10
than a traffic offense; or11
(e) Causes five hundred dollars or more property damage,12
including but not limited to property damage to the motor vehicle13
involved, in the course of obtaining control over or in the exercise of14
control of the motor vehicle; or15
(f) Causes bodily injury to another person while he or she is in the16
exercise of control of the motor vehicle; or17
(g) Removes the motor vehicle from this state for a period of time18
in excess of twelve hours; or19
(h) Unlawfully attaches or otherwise displays in or upon the motor20
vehicle license plates other than those officially issued for the motor21
vehicle.22
(3) Aggravated motor vehicle theft in the first degree is a A23
PERSON COMMITS MOTOR VEHICLE THEFT IN THE SECOND DEGREE IF THE24
PERSON KNOWINGLY OBTAINS , EXERCISES CONTROL OVER, RECEIVES, OR25
RETAINS THE MOTOR VEHICLE OF ANOTHER PERSON ; AND THE PERSON26
KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS27
097
-3- WITHOUT AUTHORIZATION OR WAS BY THREAT OR DECEPTION ; AND:1
(a) Class 5 felony if the value of the motor vehicle or motor2
vehicles involved is less than twenty thousand dollars THE PERSON3
RETAINS POSSESSION OR CONTROL OF THE MOTOR VEHICLE FOR MORE4
THAN TWENTY-FOUR HOURS;5
(a.5) Class 4 felony if the value of the motor vehicle or motor6
vehicles involved is twenty thousand dollars or more but less than one7
hundred thousand dollars;8
(b) Class 3 felony if the value of the motor vehicle or motor9
vehicles involved is more than one hundred thousand dollars or if the10
defendant has twice previously been convicted or adjudicated of charges11
separately brought and tried either in this state or elsewhere of an offense12
involving theft of a motor vehicle under the laws of this state, any other13
state, the United States, or any territory subject to the jurisdiction of the14
United States THE PERSON ATTEMPTS TO ALTER OR DISGUISE OR ALTERS15
OR DISGUISES THE APPEARANCE OF THE MOTOR VEHICLE ;16
(c) T
HE PERSON ATTEMPTS TO ALTER OR REMOVE OR ALTERS OR17
REMOVES THE VEHICLE IDENTIFICATION NUMBER ;18
(d) T
HE PERSON REMOVES THE MOTOR VEHICLE FROM THIS STATE ;19
(e) T
HE PERSON UNLAWFULLY ATTACHES OR DISPLAYS A LICENSE20
PLATE IN OR UPON THE MOTOR VEHICLE OTHER THAN THOSE PLATES21
OFFICIALLY ISSUED FOR THE MOTOR VEHICLE ;22
(f) T
HE PERSON OR A PARTICIPANT CAUSES ONE THOUSAND23
DOLLARS OR MORE PROPERTY DAMAGE , INCLUDING PROPERTY DAMAGE TO24
THE MOTOR VEHICLE INVOLVED , IN THE COURSE OF OBTAINING CONTROL25
OVER, IN THE EXERCISE OF CONTROL OF, IN THE COURSE OF RECEIVING, OR26
IN THE COURSE OF RETAINING THE MOTOR VEHICLE ;27
097
-4- (g) THE PERSON CAUSES BODILY INJURY TO ANOTHER PERSON1
OTHER THAN TO A PARTICIPANT WHILE IN THE EXERCISE OF CONTROL OF2
THE MOTOR VEHICLE;3
(h) T
HE PERSON USES OR ATTEMPTS TO USE THE MOTOR VEHICLE4
IN THE COMMISSION OF A CRIME OTHER THAN :5
(I) A
TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER AS6
DESCRIBED IN SECTION 42-4-1413; OR7
(II) A
FIRST OR SECOND DEGREE CRIMINAL TRESPASS OF THE8
MOTOR VEHICLE; OR9
(i) A
T THE TIME OF THE ACT, THE MOTOR VEHICLE DISPLAYED A10
LICENSE PLATE OR PLACARD INDICATING THE MOTOR VEHICLE BELONGS TO11
A PERSON WITH A DISABILITY.12
(4) A person commits aggravated motor vehicle theft in the
13
second degree if he or she knowingly obtains or exercises control over the14
motor vehicle of another without authorization or by threat or deception15
and if none of the aggravating factors in subsection (2) of this section are16
present. Aggravated motor vehicle theft in the second degree is a A17
PERSON COMMITS MOTOR VEHICLE THEFT IN THE THIRD DEGREE IF THE18
PERSON KNOWINGLY:19
(a) Class 5 felony if the value of the motor vehicle or motor20
vehicles involved is twenty thousand dollars or more OBTAINS OR21
EXERCISES CONTROL OVER the motor vehicle of another PERSON; AND THE22
PERSON KNOWS OR SHOULD REAS ONABLY HAVE KNOWN THAT THE ACT23
WAS WITHOUT AUTHORIZATION OR WAS BY THREAT OR DECEPTION ; OR24
(b) Class 6 felony if the value of the motor vehicle or motor25
vehicles involved is two thousand dollars or more but less than twenty26
thousand dollars RECEIVES OR RETAINS THE MOTOR VEHICLE FROM27
097
-5- ANOTHER PERSON WHO IS NOT THE OWNER OF THE MOTOR VEHICLE ; THE1
PERSON EXERCISES CONTROL OVER THE MOTOR VEHICLE ; AND THE PERSON2
KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS3
WITHOUT AUTHORIZATION OF THE OWNER .4
(c) Class 1 misdemeanor if the value of the motor vehicle or5
motor vehicles involved is less than two thousand dollars.6
(6) (a) M
OTOR VEHICLE THEFT IN THE FIRST DEGREE IS A CLASS 37
FELONY.8
(b) M
OTOR VEHICLE THEFT IN THE SECOND DEGREE IS A CLASS 49
FELONY.10
(c) M
OTOR VEHICLE THEFT IN THE THIRD DEGREE IS A CLASS 511
FELONY.12
(7) A PERSON WHOSE CONDUCT IS LIMITED TO THE ELEMENTS OF13
THIS SECTION IS NOT SUBJECT TO PROSECUTION PURSUANT TO SECTION14
18-4-401.15
SECTION 2. In Colorado Revised Statutes, add 18-4-409.5 as16
follows:17
18-4-409.5. Unauthorized use of a motor vehicle - definition.18
(1) A
PERSON COMMITS UNAUTHORIZED USE OF A MOTOR VEHICLE IF THE19
PERSON OBTAINS OR EXERCISES CONTROL OVER THE MOTOR VEHICLE OF20
ANOTHER PERSON WITHOUT AUTHORIZATION OF THE OWNER AND :21
(a) T
HE PERSON DOES NOT COMMIT A CRIMINAL OFFENSE OTHER22
THAN A MISDEMEANOR TRAFFIC OFFENSE EXCEPT ELUDING A POLICE23
OFFICER AS DESCRIBED IN SECTION 42-4-1413 IN THE COURSE OF24
OBTAINING CONTROL OVER OR IN THE EXERCISE OF CONTROL OF A MOTOR25
VEHICLE; AND26
(b) T
HE MOTOR VEHICLE IS RETURNED TO THE OWNER OR27
097
-6- RECOVERED BY LAW ENFORCEMENT WITHIN TWENTY -FOUR HOURS AFTER1
BEING REPORTED AS MISSING OR STOLEN BY THE OWNER , WITH NO2
DAMAGE TO THE MOTOR VEHICLE .3
(2) U
NAUTHORIZED USE OF A MOTOR VEHICLE IS A CLASS 14
MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE FOR A5
VIOLATION OF THIS SECTION IS A CLASS 5 FELONY.6
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
REQUIRES, "MOTOR VEHICLE" HAS THE SAME MEANING AS DEFINED IN8
SECTION 18-4-409.9
SECTION 3. In Colorado Revised Statutes, 18-17-103, amend10
(5)(b)(II) as follows:11
18-17-103. Definitions. As used in this article 17, unless the12
context otherwise requires:13
(5) "Racketeering activity" means to commit, to attempt to14
commit, to conspire to commit, or to solicit, coerce, or intimidate another15
person to commit:16
(b) Any violation of the following provisions of the Colorado17
statutes or any criminal act committed in any jurisdiction of the United18
States which, if committed in this state, would be a crime under the19
following provisions of the Colorado statutes:20
(II) Offenses against property, as defined in sections 18-4-10221
(first degree arson), 18-4-103 (second degree arson), 18-4-104 (third22
degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree23
burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery),24
18-4-302 (aggravated robbery), 18-4-303 (aggravated robbery of25
controlled substances), 18-4-401 (theft), 18-4-409 (aggravated
(motor26
vehicle theft), 18-4-409.5 (
UNAUTHORIZED USE OF A MOTOR VEHICLE ),27
097
-7- and 18-4-501 (criminal mischief);1
SECTION 4. In Colorado Revised Statutes, 19-1-304, amend2
(5.5) as follows:3
19-1-304. Juvenile delinquency records - division of youth4
services critical incident information - definitions. (5.5) Whenever a5
petition is filed in juvenile court alleging a class 1, class 2, class 3, or6
class 4 felony; a level 1, level 2, or level 3 drug felony; an offense7
involving unlawful sexual behavior as defined in section 16-22-102 (9);8
a crime of violence as described in section 18-1.3-406; a burglary offense9
as described in part 2 of article 4 of title 18; felony menacing, in violation10
of section 18-3-206; harassment, in violation of section 18-9-111; fourth11
degree arson, in violation of section 18-4-105; aggravated motor vehicle12
theft, in violation of section 18-4-409; hazing, in violation of section13
18-9-124; or possession of a handgun by a juvenile, in violation of section14
18-12-108.5, or when a petition is filed in juvenile court in which the15
alleged victim of the crime is a student or staff person in the same school16
as the juvenile or in which it is alleged that the juvenile possessed a17
deadly weapon during the commission of the alleged crime, the18
prosecuting attorney, within three working days after the petition is filed,19
shall make good faith reasonable efforts to notify the principal of the20
school in which the juvenile is enrolled and shall provide such principal21
with the arrest and criminal records information, as defined in section22
24-72-302. (1). In the event the prosecuting attorney, in good faith, is not23
able to either identify the school that the juvenile attends or contact the24
principal of the juvenile's school, then the prosecuting attorney shall25
contact the superintendent of the juvenile's school district.26
SECTION 5. In Colorado Revised Statutes, 42-2-202, amend27
097
-8- (2)(a)(V) as follows:1
42-2-202. Habitual offenders - frequency and type of2
violations. (2) (a) An habitual offender is a person having three or more3
convictions of any of the following separate and distinct offenses arising4
out of separate acts committed within a period of seven years:5
(V) Vehicular assault or vehicular homicide, or manslaughter or6
criminally negligent homicide which results from the operation of a motor7
vehicle, or aggravated motor vehicle theft, as such offenses are described8
in title 18; C.R.S.;9
SECTION 6. Appropriation. For the 2023-24 state fiscal year,10
$24,409 is appropriated to the department of revenue for use by the11
division of motor vehicles. This appropriation is from the Colorado12
DRIVES vehicle services account in the highway users tax fund created13
in section 42-1-211 (2), C.R.S. To implement this act, the division may14
use this appropriation for DRIVES maintenance and support.15
SECTION 7. Effective date - applicability. This act takes effect16
July 1, 2023, and applies to offenses committed on or after July 1, 2023.17
SECTION 8. Safety clause. The general assembly hereby finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety.20
097
-9-