Colorado 2023 Regular Session

Colorado Senate Bill SB097 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0264.01 Jacob Baus x2173
1	8		SENATE BILL 23-097
2		-	BY SENATOR(S) Zenzinger and Gardner, Kirkmeyer, Lundeen, Pelton B.,
3		-	Pelton R., Rich, Bridges, Ginal, Hansen, Hinrichsen, Marchman, Mullica,
4		-	Priola, Roberts, Smallwood, Van Winkle, Will;
5		-	also REPRESENTATIVE(S) Bird and Soper, Armagost, Bradley, DeGraaf,
6		-	Duran, Evans, Frizell, Lukens, Lynch, Marshall, Snyder, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE
9		-	COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
10		-	REGARDING MOTOR VEHICLE OFFENSES COMMITTED BY A PERSON
11		-	WHO IS NOT THE OWNER OF THE MOTOR VEHICLE
12		-	, AND, IN
13		-	CONNECTION THEREWITH
14		-	, MAKING AN APPROPRIATION.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 18-4-409, amend
17		-	(1)(a), (2), (3), and (4); and add (6) and (7) as follows:
18		-	18-4-409. Motor vehicle theft - definitions. (1) As used in this
19		-	section, unless the context otherwise requires:
20		-	(a) "Motor vehicle" means all vehicles of whatever description
21		-	propelled by any power other than muscular, except vehicles running on
22		-	________
23		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
24		-	through words or numbers indicate deletions from existing law and such material is not part of
25		-	the act. rails ANY SELF-PROPELLED VEHICLE THAT IS DESIGNED PRIMARILY FOR
26		-	TRAVEL ON PUBLIC HIGHWAYS AND THAT IS GENERALLY AND COMMONLY
27		-	USED TO TRANSPORT PERSONS AND PROPERTY OVER THE PUBLIC HIGHWAYS
28		-	.
29		-	(2) A person commits aggravated motor vehicle theft in the first
30		-	degree if he or she THE PERSON knowingly obtains, or exercises control
	14	+	ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE101
	15	+	C
	16	+	OLORADO COMMISSION ON CRI MINAL AND JUVENILE JUSTICE102
	17	+	REGARDING MOTOR VEHICLE OFFENSES COMMITTED BY A103
	18	+	PERSON WHO IS NOT THE OWNER OF THE MOTOR VEHICLE , AND,
	19	+	104
	20	+	IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .105
	21	+	Bill Summary
	22	+	(Note: This summary applies to this bill as introduced and does
	23	+	not reflect any amendments that may be subsequently adopted. If this bill
	24	+	passes third reading in the house of introduction, a bill summary that
	25	+	applies to the reengrossed version of this bill will be available at
	26	+	http://leg.colorado.gov
	27	+	.)
	28	+	Current law criminalizes auto theft as "aggravated motor vehicle
	29	+	theft in the first degree" and "aggravated motor vehicle theft in the second
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 6, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 3, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	March 13, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	March 10, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Zenzinger and Gardner, Kirkmeyer, Lundeen, Pelton B., Pelton R., Rich, Bridges, Ginal,
	44	+	Hinrichsen, Marchman, Mullica, Priola, Roberts, Smallwood
	45	+	HOUSE SPONSORSHIP
	46	+	Bird and Soper, Armagost, Bradley, DeGraaf, Duran, Evans, Frizell, Lukens, Lynch,
	47	+	Marshall, McCluskie, Snyder
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. degree". The penalties for both aggravated motor vehicle thefts are based
	51	+	on the value of the vehicle or vehicles stolen.
	52	+	The bill changes the term of the offense "aggravated motor vehicle
	53	+	theft" to "motor vehicle theft". The elements for motor vehicle theft in the
	54	+	first degree and second degree are changed and motor vehicle theft in the
	55	+	third degree is created. The penalties for motor vehicle theft are no longer
	56	+	based on the value of the vehicle or vehicles stolen. Motor vehicle theft
	57	+	in the first degree is a class 3 felony, motor vehicle theft in the second
	58	+	degree is a class 4 felony, and motor vehicle theft in the third degree is a
	59	+	class 5 felony.
	60	+	The bill creates the offense "unauthorized use of a motor vehicle"
	61	+	and makes it a class 1 misdemeanor, or a class 5 felony for a second or
	62	+	subsequent offense.
	63	+	Be it enacted by the General Assembly of the State of Colorado:1
	64	+	SECTION 1. In Colorado Revised Statutes, 18-4-409, amend2
	65	+	(1)(a), (2), (3), and (4); and add (6)
	66	+	and (7) as follows:3
	67	+	18-4-409. Motor vehicle theft - definitions. (1) As used in this4
	68	+	section, unless the context otherwise requires:5
	69	+	(a) "Motor vehicle" means all vehicles of whatever description6
	70	+	propelled by any power other than muscular, except vehicles running on7
	71	+	rails ANY SELF-PROPELLED VEHICLE THAT IS DESIGNED PRIMARILY FOR8
	72	+	TRAVEL ON PUBLIC HIGHWAYS AND THAT IS GENERALLY AND COMMONLY9
	73	+	USED TO TRANSPORT PERSONS AND PROPERTY OVER THE PUBLIC10
	74	+	HIGHWAYS.11
	75	+	(2) A person commits aggravated motor vehicle theft in the first12
	76	+	degree if he or she THE PERSON knowingly obtains, or exercises control13
31	77		over,
32		-	RECEIVES, OR RETAINS the motor vehicle of another PERSON; AND THE
33		-	PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE ACT WAS
34		-	without authorization or WAS by threat or deception; and THE PERSON HAS
35		-	TWO PRIOR CONVICTIONS OR ADJUDICATIONS OF CHARGES SEPARATELY
36		-	BROUGHT AND TRIED FOR AN OFFENSE INVOLVING MOTOR VEHICLE THEFT OR
37		-	UNAUTHORIZED USE OF A MOTOR VEHICLE IN THIS STATE
38		-	, A MUNICIPALITY,
39		-	ANOTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE
40		-	JURISDICTION OF THE
41		-	UNITED STATES.
42		-	(a) Retains possession or control of the motor vehicle for more than
43		-	twenty-four hours; or
44		-	(b) Attempts to alter or disguise or alters or disguises the appearance
45		-	of the motor vehicle; or
46		-	(c) Attempts to alter or remove or alters or removes the vehicle
47		-	identification number; or
48		-	(d) Uses the motor vehicle in the commission of a crime other than
49		-	a traffic offense; or
50		-	(e) Causes five hundred dollars or more property damage, including
51		-	but not limited to property damage to the motor vehicle involved, in the
52		-	course of obtaining control over or in the exercise of control of the motor
53		-	vehicle; or
54		-	(f) Causes bodily injury to another person while he or she is in the
55		-	exercise of control of the motor vehicle; or
56		-	(g) Removes the motor vehicle from this state for a period of time
57		-	in excess of twelve hours; or
58		-	(h) Unlawfully attaches or otherwise displays in or upon the motor
59		-	vehicle license plates other than those officially issued for the motor
60		-	PAGE 2-SENATE BILL 23-097 vehicle.
61		-	(3) Aggravated motor vehicle theft in the first degree is a A PERSON
62		-	COMMITS MOTOR VEHICLE THEFT IN THE SECOND DEGREE IF THE PERSON
63		-	KNOWINGLY OBTAINS
64		-	, EXERCISES CONTROL OVER, RECEIVES, OR RETAINS
65		-	THE MOTOR VEHICLE OF ANOTHER PERSON
66		-	; AND THE PERSON KNOWS OR
67		-	SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS WITHOUT
68		-	AUTHORIZATION OR WAS BY THREAT OR DECEPTION
69		-	; AND:
70		-	(a) Class 5 felony if the value of the motor vehicle or motor vehiclesinvolved is less than twenty thousand dollars THE PERSON RETAINS
71		-	POSSESSION OR CONTROL OF THE MOTOR VEHICLE FOR MORE THAN
72		-	TWENTY
73		-	-FOUR HOURS;
74		-	(a.5) Class 4 felony if the value of the motor vehicle or motor
75		-	vehicles involved is twenty thousand dollars or more but less than one
76		-	hundred thousand dollars;
77		-	(b) Class 3 felony if the value of the motor vehicle or motor vehicles
78		-	involved is more than one hundred thousand dollars or if the defendant has
79		-	twice previously been convicted or adjudicated of charges separately
80		-	brought and tried either in this state or elsewhere of an offense involving
81		-	theft of a motor vehicle under the laws of this state, any other state, the
82		-	United States, or any territory subject to the jurisdiction of the United States
83		-	THE PERSON ATTEMPTS TO ALTER OR DISGUISE OR ALTERS OR DISGUISES THE
84		-	APPEARANCE OF THE MOTOR VEHICLE
85		-	;
	78	+	RECEIVES, OR RETAINS the motor vehicle of another PERSON; AND14
	79	+	THE PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE15
	80	+	ACT WAS without authorization or WAS by threat or deception; and THE16
	81	+	PERSON HAS TWO PRIOR CONVICTIONS OR ADJUDICATIONS OF CHARGES17
	82	+	SEPARATELY BROUGHT AND TRIED FOR AN OFFENSE INVOLVING MOTOR18
	83	+	097-2- VEHICLE THEFT OR UNAUTHORIZED USE OF A MOTOR VEHICLE IN THIS1
	84	+	STATE, A MUNICIPALITY, ANOTHER STATE, THE UNITED STATES, OR ANY2
	85	+	TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES.3
	86	+	(a) Retains possession or control of the motor vehicle for more4
	87	+	than twenty-four hours; or5
	88	+	(b) Attempts to alter or disguise or alters or disguises the6
	89	+	appearance of the motor vehicle; or7
	90	+	(c) Attempts to alter or remove or alters or removes the vehicle8
	91	+	identification number; or9
	92	+	(d) Uses the motor vehicle in the commission of a crime other10
	93	+	than a traffic offense; or11
	94	+	(e) Causes five hundred dollars or more property damage,12
	95	+	including but not limited to property damage to the motor vehicle13
	96	+	involved, in the course of obtaining control over or in the exercise of14
	97	+	control of the motor vehicle; or15
	98	+	(f) Causes bodily injury to another person while he or she is in the16
	99	+	exercise of control of the motor vehicle; or17
	100	+	(g) Removes the motor vehicle from this state for a period of time18
	101	+	in excess of twelve hours; or19
	102	+	(h) Unlawfully attaches or otherwise displays in or upon the motor20
	103	+	vehicle license plates other than those officially issued for the motor21
	104	+	vehicle.22
	105	+	(3) Aggravated motor vehicle theft in the first degree is a A23
	106	+	PERSON COMMITS MOTOR VEHICLE THEFT IN THE SECOND DEGREE IF THE24
	107	+	PERSON KNOWINGLY OBTAINS , EXERCISES CONTROL OVER, RECEIVES, OR25
	108	+	RETAINS THE MOTOR VEHICLE OF ANOTHER PERSON ; AND THE PERSON26
	109	+	KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS27
	110	+	097
	111	+	-3- WITHOUT AUTHORIZATION OR WAS BY THREAT OR DECEPTION ; AND:1
	112	+	(a) Class 5 felony if the value of the motor vehicle or motor2
	113	+	vehicles involved is less than twenty thousand dollars THE PERSON3
	114	+	RETAINS POSSESSION OR CONTROL OF THE MOTOR VEHICLE FOR MORE4
	115	+	THAN TWENTY-FOUR HOURS;5
	116	+	(a.5) Class 4 felony if the value of the motor vehicle or motor6
	117	+	vehicles involved is twenty thousand dollars or more but less than one7
	118	+	hundred thousand dollars;8
	119	+	(b) Class 3 felony if the value of the motor vehicle or motor9
	120	+	vehicles involved is more than one hundred thousand dollars or if the10
	121	+	defendant has twice previously been convicted or adjudicated of charges11
	122	+	separately brought and tried either in this state or elsewhere of an offense12
	123	+	involving theft of a motor vehicle under the laws of this state, any other13
	124	+	state, the United States, or any territory subject to the jurisdiction of the14
	125	+	United States THE PERSON ATTEMPTS TO ALTER OR DISGUISE OR ALTERS15
	126	+	OR DISGUISES THE APPEARANCE OF THE MOTOR VEHICLE ;16
86	127		(c) T
87		-	HE PERSON ATTEMPTS TO ALTER OR REMOVE OR ALTERS OR
88		-	REMOVES THE VEHICLE IDENTIFICATION NUMBER
89		-	;
	128	+	HE PERSON ATTEMPTS TO ALTER OR REMOVE OR ALTERS OR17
	129	+	REMOVES THE VEHICLE IDENTIFICATION NUMBER ;18
90	130		(d) T
91		-	HE PERSON REMOVES THE MOTOR VEHICLE FROM THIS STATE ;
	131	+	HE PERSON REMOVES THE MOTOR VEHICLE FROM THIS STATE ;19
92	132		(e) T
93		-	HE PERSON UNLAWFULLY ATTACHES OR DISPLAYS A LICENSE
94		-	PLATE IN OR UPON THE MOTOR VEHICLE OTHER THAN THOSE PLATES
95		-	OFFICIALLY ISSUED FOR THE MOTOR VEHICLE
96		-	;
	133	+	HE PERSON UNLAWFULLY ATTACHES OR DISPLAYS A LICENSE20
	134	+	PLATE IN OR UPON THE MOTOR VEHICLE OTHER THAN THOSE PLATES21
	135	+	OFFICIALLY ISSUED FOR THE MOTOR VEHICLE ;22
97	136		(f) T
98		-	HE PERSON OR A PARTICIPANT CAUSES ONE THOUSAND DOLLARS
99		-	OR MORE PROPERTY DAMAGE
100		-	, INCLUDING PROPERTY DAMAGE TO THE MOTOR
101		-	VEHICLE INVOLVED
102		-	, IN THE COURSE OF OBTAINING CONTROL OVER , IN THE
103		-	EXERCISE OF CONTROL OF
104		-	, IN THE COURSE OF RECEIVING, OR IN THE COURSE
105		-	PAGE 3-SENATE BILL 23-097 OF RETAINING THE MOTOR VEHICLE ;
106		-	(g) T
107		-	HE PERSON CAUSES BODILY INJURY TO ANOTHER PERSON OTHER
108		-	THAN TO A PARTICIPANT WHILE IN THE EXERCISE OF CONTROL OF THE MOTOR
109		-	VEHICLE
110		-	;
	137	+	HE PERSON OR A PARTICIPANT CAUSES ONE THOUSAND23
	138	+	DOLLARS OR MORE PROPERTY DAMAGE , INCLUDING PROPERTY DAMAGE TO24
	139	+	THE MOTOR VEHICLE INVOLVED , IN THE COURSE OF OBTAINING CONTROL25
	140	+	OVER, IN THE EXERCISE OF CONTROL OF, IN THE COURSE OF RECEIVING, OR26
	141	+	IN THE COURSE OF RETAINING THE MOTOR VEHICLE ;27
	142	+	097
	143	+	-4- (g) THE PERSON CAUSES BODILY INJURY TO ANOTHER PERSON1
	144	+	OTHER THAN TO A PARTICIPANT WHILE IN THE EXERCISE OF CONTROL OF2
	145	+	THE MOTOR VEHICLE;3
111	146		(h) T
112		-	HE PERSON USES OR ATTEMPTS TO USE THE MOTOR VEHICLE IN
113		-	THE COMMISSION OF A CRIME OTHER THAN
114		-	:
	147	+	HE PERSON USES OR ATTEMPTS TO USE THE MOTOR VEHICLE4
	148	+	IN THE COMMISSION OF A CRIME OTHER THAN :5
115	149		(I) A
116		-	TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER AS
117		-	DESCRIBED IN SECTION
118		-	42-4-1413; OR
119		-	(II) A FIRST OR SECOND DEGREE CRIMINAL TRESPASS OF THE MOTOR
120		-	VEHICLE
121		-	; OR
122		-	(i) AT THE TIME OF THE ACT, THE MOTOR VEHICLE DISPLAYED A
123		-	LICENSE PLATE OR PLACARD INDICATING THE MOTOR VEHICLE BELONGS TO
124		-	A PERSON WITH A DISABILITY
125		-	.
126		-	(4) A person commits aggravated motor vehicle theft in the second
127		-	degree if he or she knowingly obtains or exercises control over the motor
128		-	vehicle of another without authorization or by threat or deception and if
129		-	none of the aggravating factors in subsection (2) of this section are present.
130		-	Aggravated motor vehicle theft in the second degree is a A PERSON
131		-	COMMITS MOTOR VEHICLE THEFT IN THE THIRD DEGREE IF THE PERSON
132		-	KNOWINGLY
133		-	:
134		-	(a) Class 5 felony if the value of the motor vehicle or motor vehicles
135		-	involved is twenty thousand dollars or more OBTAINS OR EXERCISES
136		-	CONTROL OVER
137		-	the motor vehicle of another PERSON; AND THE PERSON
138		-	KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS WIT HOUT
139		-	AUTHORIZATION OR WAS BY THREAT OR DECEPTION
140		-	; OR
141		-	(b) Class 6 felony if the value of the motor vehicle or motor vehicles
142		-	involved is two thousand dollars or more but less than twenty thousand
143		-	dollars RECEIVES OR RETAINS THE MOTOR VEHICLE FROM ANOTHER PERSON
144		-	WHO IS NOT THE OWNER OF THE MOTOR VEHICLE
145		-	; THE PERSON EXERCISES
146		-	CONTROL OVER THE MOTOR VEHICLE
147		-	; AND THE PERSON KNOWS OR SHOULD
148		-	REASONABLY HAVE KNOWN THAT THE ACT WAS WITHOUT AUTHORIZATION
149		-	OF THE OWNER
150		-	.
151		-	PAGE 4-SENATE BILL 23-097 (c) Class 1 misdemeanor if the value of the motor vehicle or motor
152		-	vehicles involved is less than two thousand dollars.
153		-	(6) (a) MOTOR VEHICLE THEFT IN THE FIRST DEGREE IS A CLASS 3
154		-	FELONY.
	150	+	TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER AS6
	151	+	DESCRIBED IN SECTION 42-4-1413; OR7
	152	+	(II) A
	153	+	FIRST OR SECOND DEGREE CRIMINAL TRESPASS OF THE8
	154	+	MOTOR VEHICLE; OR9
	155	+	(i) A
	156	+	T THE TIME OF THE ACT, THE MOTOR VEHICLE DISPLAYED A10
	157	+	LICENSE PLATE OR PLACARD INDICATING THE MOTOR VEHICLE BELONGS TO11
	158	+	A PERSON WITH A DISABILITY.12
	159	+	(4) A person commits aggravated motor vehicle theft in the
	160	+	13
	161	+	second degree if he or she knowingly obtains or exercises control over the14
	162	+	motor vehicle of another without authorization or by threat or deception15
	163	+	and if none of the aggravating factors in subsection (2) of this section are16
	164	+	present. Aggravated motor vehicle theft in the second degree is a A17
	165	+	PERSON COMMITS MOTOR VEHICLE THEFT IN THE THIRD DEGREE IF THE18
	166	+	PERSON KNOWINGLY:19
	167	+	(a) Class 5 felony if the value of the motor vehicle or motor20
	168	+	vehicles involved is twenty thousand dollars or more OBTAINS OR21
	169	+	EXERCISES CONTROL OVER the motor vehicle of another PERSON; AND THE22
	170	+	PERSON KNOWS OR SHOULD REAS ONABLY HAVE KNOWN THAT THE ACT23
	171	+	WAS WITHOUT AUTHORIZATION OR WAS BY THREAT OR DECEPTION ; OR24
	172	+	(b) Class 6 felony if the value of the motor vehicle or motor25
	173	+	vehicles involved is two thousand dollars or more but less than twenty26
	174	+	thousand dollars RECEIVES OR RETAINS THE MOTOR VEHICLE FROM27
	175	+	097
	176	+	-5- ANOTHER PERSON WHO IS NOT THE OWNER OF THE MOTOR VEHICLE ; THE1
	177	+	PERSON EXERCISES CONTROL OVER THE MOTOR VEHICLE ; AND THE PERSON2
	178	+	KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS3
	179	+	WITHOUT AUTHORIZATION OF THE OWNER .4
	180	+	(c) Class 1 misdemeanor if the value of the motor vehicle or5
	181	+	motor vehicles involved is less than two thousand dollars.6
	182	+	(6) (a) M
	183	+	OTOR VEHICLE THEFT IN THE FIRST DEGREE IS A CLASS 37
	184	+	FELONY.8
155	185		(b) M
156		-	OTOR VEHICLE THEFT IN THE SECOND DEGREE IS A CLASS 4
157		-	FELONY.
	186	+	OTOR VEHICLE THEFT IN THE SECOND DEGREE IS A CLASS 49
	187	+	FELONY.10
158	188		(c) M
159		-	OTOR VEHICLE THEFT IN THE THIRD DEGREE IS A CLASS 5
160		-	FELONY.
161		-	(7) A
162		-	PERSON WHOSE CONDUCT IS LIMITED TO THE ELEMENTS OF THIS
163		-	SECTION IS NOT SUBJECT TO PROSECUTION PURSUANT TO SECTION
164		-	18-4-401.
165		-	SECTION 2. In Colorado Revised Statutes, add 18-4-409.5 as
166		-	follows:
167		-	18-4-409.5. Unauthorized use of a motor vehicle - definition.
	189	+	OTOR VEHICLE THEFT IN THE THIRD DEGREE IS A CLASS 511
	190	+	FELONY.12
	191	+	(7) A PERSON WHOSE CONDUCT IS LIMITED TO THE ELEMENTS OF13
	192	+	THIS SECTION IS NOT SUBJECT TO PROSECUTION PURSUANT TO SECTION14
	193	+	18-4-401.15
	194	+	SECTION 2. In Colorado Revised Statutes, add 18-4-409.5 as16
	195	+	follows:17
	196	+	18-4-409.5. Unauthorized use of a motor vehicle - definition.18
168	197		(1) A
169		-	PERSON COMMITS UNAUTHORIZED USE OF A MOTOR VEHICLE IF THE
170		-	PERSON OBTAINS OR EXERCISES CONTROL OVER THE MOTOR VEHICLE OF
171		-	ANOTHER PERSON WITHOUT AUTHORIZATION OF THE OWNER AND
172		-	:
	198	+	PERSON COMMITS UNAUTHORIZED USE OF A MOTOR VEHICLE IF THE19
	199	+	PERSON OBTAINS OR EXERCISES CONTROL OVER THE MOTOR VEHICLE OF20
	200	+	ANOTHER PERSON WITHOUT AUTHORIZATION OF THE OWNER AND :21
173	201		(a) T
174		-	HE PERSON DOES NOT COMMIT A CRIMINAL OFFENSE OTHER
175		-	THAN A MISDEMEANOR TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER
176		-	AS DESCRIBED IN SECTION
177		-	42-4-1413 IN THE COURSE OF OBTAINING CONTROL
178		-	OVER OR IN THE EXERCISE OF CONTROL OF A MOTOR VEHICLE
179		-	; AND
180		-	(b) THE MOTOR VEHICLE IS RETURNED TO THE OWNER OR RECOVERED
181		-	BY LAW ENFORCEMENT WITHIN TWENTY
182		-	-FOUR HOURS AFTER BEING
183		-	REPORTED AS MISSING OR STOLEN BY THE OWNER
184		-	, WITH NO DAMAGE TO THE
185		-	MOTOR VEHICLE
186		-	.
	202	+	HE PERSON DOES NOT COMMIT A CRIMINAL OFFENSE OTHER22
	203	+	THAN A MISDEMEANOR TRAFFIC OFFENSE EXCEPT ELUDING A POLICE23
	204	+	OFFICER AS DESCRIBED IN SECTION 42-4-1413 IN THE COURSE OF24
	205	+	OBTAINING CONTROL OVER OR IN THE EXERCISE OF CONTROL OF A MOTOR25
	206	+	VEHICLE; AND26
	207	+	(b) T
	208	+	HE MOTOR VEHICLE IS RETURNED TO THE OWNER OR27
	209	+	097
	210	+	-6- RECOVERED BY LAW ENFORCEMENT WITHIN TWENTY -FOUR HOURS AFTER1
	211	+	BEING REPORTED AS MISSING OR STOLEN BY THE OWNER , WITH NO2
	212	+	DAMAGE TO THE MOTOR VEHICLE .3
187	213		(2) U
188		-	NAUTHORIZED USE OF A MOTOR VEHICLE IS A CLASS 1
189		-	MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE FOR A
190		-	VIOLATION OF THIS SECTION IS A CLASS
191		-	5 FELONY.
	214	+	NAUTHORIZED USE OF A MOTOR VEHICLE IS A CLASS 14
	215	+	MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE FOR A5
	216	+	VIOLATION OF THIS SECTION IS A CLASS 5 FELONY.6
192	217		(3) A
193		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
194		-	REQUIRES
195		-	, "MOTOR VEHICLE" HAS THE SAME MEANING AS DEFINED IN
196		-	SECTION
197		-	18-4-409.
198		-	PAGE 5-SENATE BILL 23-097 SECTION 3. In Colorado Revised Statutes, 18-17-103, amend
199		-	(5)(b)(II) as follows:
200		-	18-17-103. Definitions. As used in this article 17, unless the context
201		-	otherwise requires:
202		-	(5) "Racketeering activity" means to commit, to attempt to commit,
203		-	to conspire to commit, or to solicit, coerce, or intimidate another person to
204		-	commit:
205		-	(b) Any violation of the following provisions of the Colorado
206		-	statutes or any criminal act committed in any jurisdiction of the United
207		-	States which, if committed in this state, would be a crime under the
208		-	following provisions of the Colorado statutes:
209		-	(II) Offenses against property, as defined in sections 18-4-102 (first
210		-	degree arson), 18-4-103 (second degree arson), 18-4-104 (third degree
211		-	arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree burglary),
212		-	18-4-203 (second degree burglary), 18-4-301 (robbery), 18-4-302
213		-	(aggravated robbery), 18-4-303 (aggravated robbery of controlled
214		-	substances), 18-4-401 (theft), 18-4-409 (aggravated
215		-	(motor vehicle theft),
216		-	18-4-409.5 (
217		-	UNAUTHORIZED USE OF A MOTOR VEHICLE ), and 18-4-501
218		-	(criminal mischief);
219		-	SECTION 4. In Colorado Revised Statutes, 19-1-304, amend (5.5)
220		-	as follows:
221		-	19-1-304. Juvenile delinquency records - division of youth
222		-	services critical incident information - definitions. (5.5) Whenever a
223		-	petition is filed in juvenile court alleging a class 1, class 2, class 3, or class
224		-	4 felony; a level 1, level 2, or level 3 drug felony; an offense involving
225		-	unlawful sexual behavior as defined in section 16-22-102 (9)
226		-	; a crime of
227		-	violence as described in section 18-1.3-406; a burglary offense as described
228		-	in part 2 of article 4 of title 18; felony menacing, in violation of section
229		-	18-3-206; harassment, in violation of section 18-9-111; fourth degree arson,
230		-	in violation of section 18-4-105; aggravated
231		-	motor vehicle theft, in violation
232		-	of section 18-4-409; hazing, in violation of section 18-9-124; or possession
233		-	of a handgun by a juvenile, in violation of section 18-12-108.5, or when a
234		-	petition is filed in juvenile court in which the alleged victim of the crime is
235		-	a student or staff person in the same school as the juvenile or in which it is
236		-	PAGE 6-SENATE BILL 23-097 alleged that the juvenile possessed a deadly weapon during the commission
237		-	of the alleged crime, the prosecuting attorney, within three working days
238		-	after the petition is filed, shall make good faith reasonable efforts to notify
239		-	the principal of the school in which the juvenile is enrolled and shall
240		-	provide such principal with the arrest and criminal records information, as
241		-	defined in section 24-72-302. (1).
242		-	In the event the prosecuting attorney, in
243		-	good faith, is not able to either identify the school that the juvenile attends
244		-	or contact the principal of the juvenile's school, then the prosecuting
245		-	attorney shall contact the superintendent of the juvenile's school district.
246		-	SECTION 5. In Colorado Revised Statutes, 42-2-202, amend
247		-	(2)(a)(V) as follows:
248		-	42-2-202. Habitual offenders - frequency and type of violations.
249		-	(2) (a) An habitual offender is a person having three or more convictions
250		-	of any of the following separate and distinct offenses arising out of separate
251		-	acts committed within a period of seven years:
252		-	(V) Vehicular assault or vehicular homicide, or manslaughter or
253		-	criminally negligent homicide which results from the operation of a motor
254		-	vehicle, or aggravated
255		-	motor vehicle theft, as such offenses are described
256		-	in title 18; C.R.S.;
257		-	SECTION 6. Appropriation. For the 2023-24 state fiscal year,
258		-	$24,409 is appropriated to the department of revenue for use by the division
259		-	of motor vehicles. This appropriation is from the Colorado DRIVES vehicle
260		-	services account in the highway users tax fund created in section 42-1-211
261		-	(2), C.R.S. To implement this act, the division may use this appropriation
262		-	for DRIVES maintenance and support.
263		-	SECTION 7. Effective date - applicability. This act takes effect
264		-	July 1, 2023, and applies to offenses committed on or after July 1, 2023.
265		-	SECTION 8. Safety clause. The general assembly hereby finds,
266		-	PAGE 7-SENATE BILL 23-097 determines, and declares that this act is necessary for the immediate
267		-	preservation of the public peace, health, or safety.
268		-	____________________________ ____________________________
269		-	Steve Fenberg Julie McCluskie
270		-	PRESIDENT OF SPEAKER OF THE HOUSE
271		-	THE SENATE OF REPRESENTATIVES
272		-	____________________________ ____________________________
273		-	Cindi L. Markwell Robin Jones
274		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
275		-	THE SENATE OF REPRESENTATIVES
276		-	APPROVED________________________________________
277		-	(Date and Time)
278		-	_________________________________________
279		-	Jared S. Polis
280		-	GOVERNOR OF THE STATE OF COLORADO
281		-	PAGE 8-SENATE BILL 23-097
	218	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
	219	+	REQUIRES, "MOTOR VEHICLE" HAS THE SAME MEANING AS DEFINED IN8
	220	+	SECTION 18-4-409.9
	221	+	SECTION 3. In Colorado Revised Statutes, 18-17-103, amend10
	222	+	(5)(b)(II) as follows:11
	223	+	18-17-103. Definitions. As used in this article 17, unless the12
	224	+	context otherwise requires:13
	225	+	(5) "Racketeering activity" means to commit, to attempt to14
	226	+	commit, to conspire to commit, or to solicit, coerce, or intimidate another15
	227	+	person to commit:16
	228	+	(b) Any violation of the following provisions of the Colorado17
	229	+	statutes or any criminal act committed in any jurisdiction of the United18
	230	+	States which, if committed in this state, would be a crime under the19
	231	+	following provisions of the Colorado statutes:20
	232	+	(II) Offenses against property, as defined in sections 18-4-10221
	233	+	(first degree arson), 18-4-103 (second degree arson), 18-4-104 (third22
	234	+	degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree23
	235	+	burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery),24
	236	+	18-4-302 (aggravated robbery), 18-4-303 (aggravated robbery of25
	237	+	controlled substances), 18-4-401 (theft), 18-4-409 (aggravated
	238	+	(motor26
	239	+	vehicle theft), 18-4-409.5 (
	240	+	UNAUTHORIZED USE OF A MOTOR VEHICLE ),27
	241	+	097
	242	+	-7- and 18-4-501 (criminal mischief);1
	243	+	SECTION 4. In Colorado Revised Statutes, 19-1-304, amend2
	244	+	(5.5) as follows:3
	245	+	19-1-304. Juvenile delinquency records - division of youth4
	246	+	services critical incident information - definitions. (5.5) Whenever a5
	247	+	petition is filed in juvenile court alleging a class 1, class 2, class 3, or6
	248	+	class 4 felony; a level 1, level 2, or level 3 drug felony; an offense7
	249	+	involving unlawful sexual behavior as defined in section 16-22-102 (9);8
	250	+	a crime of violence as described in section 18-1.3-406; a burglary offense9
	251	+	as described in part 2 of article 4 of title 18; felony menacing, in violation10
	252	+	of section 18-3-206; harassment, in violation of section 18-9-111; fourth11
	253	+	degree arson, in violation of section 18-4-105; aggravated motor vehicle12
	254	+	theft, in violation of section 18-4-409; hazing, in violation of section13
	255	+	18-9-124; or possession of a handgun by a juvenile, in violation of section14
	256	+	18-12-108.5, or when a petition is filed in juvenile court in which the15
	257	+	alleged victim of the crime is a student or staff person in the same school16
	258	+	as the juvenile or in which it is alleged that the juvenile possessed a17
	259	+	deadly weapon during the commission of the alleged crime, the18
	260	+	prosecuting attorney, within three working days after the petition is filed,19
	261	+	shall make good faith reasonable efforts to notify the principal of the20
	262	+	school in which the juvenile is enrolled and shall provide such principal21
	263	+	with the arrest and criminal records information, as defined in section22
	264	+	24-72-302. (1). In the event the prosecuting attorney, in good faith, is not23
	265	+	able to either identify the school that the juvenile attends or contact the24
	266	+	principal of the juvenile's school, then the prosecuting attorney shall25
	267	+	contact the superintendent of the juvenile's school district.26
	268	+	SECTION 5. In Colorado Revised Statutes, 42-2-202, amend27
	269	+	097
	270	+	-8- (2)(a)(V) as follows:1
	271	+	42-2-202. Habitual offenders - frequency and type of2
	272	+	violations. (2) (a) An habitual offender is a person having three or more3
	273	+	convictions of any of the following separate and distinct offenses arising4
	274	+	out of separate acts committed within a period of seven years:5
	275	+	(V) Vehicular assault or vehicular homicide, or manslaughter or6
	276	+	criminally negligent homicide which results from the operation of a motor7
	277	+	vehicle, or aggravated motor vehicle theft, as such offenses are described8
	278	+	in title 18; C.R.S.;9
	279	+	SECTION 6. Appropriation. For the 2023-24 state fiscal year,10
	280	+	$24,409 is appropriated to the department of revenue for use by the11
	281	+	division of motor vehicles. This appropriation is from the Colorado12
	282	+	DRIVES vehicle services account in the highway users tax fund created13
	283	+	in section 42-1-211 (2), C.R.S. To implement this act, the division may14
	284	+	use this appropriation for DRIVES maintenance and support.15
	285	+	SECTION 7. Effective date - applicability. This act takes effect16
	286	+	July 1, 2023, and applies to offenses committed on or after July 1, 2023.17
	287	+	SECTION 8. Safety clause. The general assembly hereby finds,18
	288	+	determines, and declares that this act is necessary for the immediate19
	289	+	preservation of the public peace, health, or safety.20
	290	+	097
	291	+	-9-