SENATE BILL 23-097
BY SENATOR(S) Zenzinger and Gardner, Kirkmeyer, Lundeen, Pelton B.,
Pelton R., Rich, Bridges, Ginal, Hansen, Hinrichsen, Marchman, Mullica,
Priola, Roberts, Smallwood, Van Winkle, Will;
also REPRESENTATIVE(S) Bird and Soper, Armagost, Bradley, DeGraaf,
Duran, Evans, Frizell, Lukens, Lynch, Marshall, Snyder, McCluskie.
C
ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE
COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
REGARDING MOTOR VEHICLE OFFENSES COMMITTED BY A PERSON
WHO IS NOT THE OWNER OF THE MOTOR VEHICLE
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 18-4-409, amend
(1)(a), (2), (3), and (4); and add (6) and (7) as follows:
18-4-409. Motor vehicle theft - definitions. (1) As used in this
section, unless the context otherwise requires:
(a) "Motor vehicle" means all vehicles of whatever description
propelled by any power other than muscular, except vehicles running on
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. rails ANY SELF-PROPELLED VEHICLE THAT IS DESIGNED PRIMARILY FOR
TRAVEL ON PUBLIC HIGHWAYS AND THAT IS GENERALLY AND COMMONLY
USED TO TRANSPORT PERSONS AND PROPERTY OVER THE PUBLIC HIGHWAYS
.
(2) A person commits aggravated motor vehicle theft in the first
degree if he or she THE PERSON knowingly obtains, or exercises control
over,
RECEIVES, OR RETAINS the motor vehicle of another PERSON; AND THE
PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE ACT WAS
without authorization or WAS by threat or deception; and THE PERSON HAS
TWO PRIOR CONVICTIONS OR ADJUDICATIONS OF CHARGES SEPARATELY
BROUGHT AND TRIED FOR AN OFFENSE INVOLVING MOTOR VEHICLE THEFT OR
UNAUTHORIZED USE OF A MOTOR VEHICLE IN THIS STATE
, A MUNICIPALITY,
ANOTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE
JURISDICTION OF THE
UNITED STATES.
(a) Retains possession or control of the motor vehicle for more than
twenty-four hours; or
(b) Attempts to alter or disguise or alters or disguises the appearance
of the motor vehicle; or
(c) Attempts to alter or remove or alters or removes the vehicle
identification number; or
(d) Uses the motor vehicle in the commission of a crime other than
a traffic offense; or
(e) Causes five hundred dollars or more property damage, including
but not limited to property damage to the motor vehicle involved, in the
course of obtaining control over or in the exercise of control of the motor
vehicle; or
(f) Causes bodily injury to another person while he or she is in the
exercise of control of the motor vehicle; or
(g) Removes the motor vehicle from this state for a period of time
in excess of twelve hours; or
(h) Unlawfully attaches or otherwise displays in or upon the motor
vehicle license plates other than those officially issued for the motor
PAGE 2-SENATE BILL 23-097 vehicle.
(3) Aggravated motor vehicle theft in the first degree is a A PERSON
COMMITS MOTOR VEHICLE THEFT IN THE SECOND DEGREE IF THE PERSON
KNOWINGLY OBTAINS
, EXERCISES CONTROL OVER, RECEIVES, OR RETAINS
THE MOTOR VEHICLE OF ANOTHER PERSON
; AND THE PERSON KNOWS OR
SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS WITHOUT
AUTHORIZATION OR WAS BY THREAT OR DECEPTION
; AND:
(a) Class 5 felony if the value of the motor vehicle or motor vehiclesinvolved is less than twenty thousand dollars THE PERSON RETAINS
POSSESSION OR CONTROL OF THE MOTOR VEHICLE FOR MORE THAN
TWENTY
-FOUR HOURS;
(a.5) Class 4 felony if the value of the motor vehicle or motor
vehicles involved is twenty thousand dollars or more but less than one
hundred thousand dollars;
(b) Class 3 felony if the value of the motor vehicle or motor vehicles
involved is more than one hundred thousand dollars or if the defendant has
twice previously been convicted or adjudicated of charges separately
brought and tried either in this state or elsewhere of an offense involving
theft of a motor vehicle under the laws of this state, any other state, the
United States, or any territory subject to the jurisdiction of the United States
THE PERSON ATTEMPTS TO ALTER OR DISGUISE OR ALTERS OR DISGUISES THE
APPEARANCE OF THE MOTOR VEHICLE
;
(c) T
HE PERSON ATTEMPTS TO ALTER OR REMOVE OR ALTERS OR
REMOVES THE VEHICLE IDENTIFICATION NUMBER
;
(d) T
HE PERSON REMOVES THE MOTOR VEHICLE FROM THIS STATE ;
(e) T
HE PERSON UNLAWFULLY ATTACHES OR DISPLAYS A LICENSE
PLATE IN OR UPON THE MOTOR VEHICLE OTHER THAN THOSE PLATES
OFFICIALLY ISSUED FOR THE MOTOR VEHICLE
;
(f) T
HE PERSON OR A PARTICIPANT CAUSES ONE THOUSAND DOLLARS
OR MORE PROPERTY DAMAGE
, INCLUDING PROPERTY DAMAGE TO THE MOTOR
VEHICLE INVOLVED
, IN THE COURSE OF OBTAINING CONTROL OVER , IN THE
EXERCISE OF CONTROL OF
, IN THE COURSE OF RECEIVING, OR IN THE COURSE
PAGE 3-SENATE BILL 23-097 OF RETAINING THE MOTOR VEHICLE ;
(g) T
HE PERSON CAUSES BODILY INJURY TO ANOTHER PERSON OTHER
THAN TO A PARTICIPANT WHILE IN THE EXERCISE OF CONTROL OF THE MOTOR
VEHICLE
;
(h) T
HE PERSON USES OR ATTEMPTS TO USE THE MOTOR VEHICLE IN
THE COMMISSION OF A CRIME OTHER THAN
:
(I) A
TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER AS
DESCRIBED IN SECTION
42-4-1413; OR
(II) A FIRST OR SECOND DEGREE CRIMINAL TRESPASS OF THE MOTOR
VEHICLE
; OR
(i) AT THE TIME OF THE ACT, THE MOTOR VEHICLE DISPLAYED A
LICENSE PLATE OR PLACARD INDICATING THE MOTOR VEHICLE BELONGS TO
A PERSON WITH A DISABILITY
.
(4) A person commits aggravated motor vehicle theft in the second
degree if he or she knowingly obtains or exercises control over the motor
vehicle of another without authorization or by threat or deception and if
none of the aggravating factors in subsection (2) of this section are present.
Aggravated motor vehicle theft in the second degree is a A PERSON
COMMITS MOTOR VEHICLE THEFT IN THE THIRD DEGREE IF THE PERSON
KNOWINGLY
:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles
involved is twenty thousand dollars or more OBTAINS OR EXERCISES
CONTROL OVER
the motor vehicle of another PERSON; AND THE PERSON
KNOWS OR SHOULD REASONABLY HAVE KNOWN THAT THE ACT WAS WIT HOUT
AUTHORIZATION OR WAS BY THREAT OR DECEPTION
; OR
(b) Class 6 felony if the value of the motor vehicle or motor vehicles
involved is two thousand dollars or more but less than twenty thousand
dollars RECEIVES OR RETAINS THE MOTOR VEHICLE FROM ANOTHER PERSON
WHO IS NOT THE OWNER OF THE MOTOR VEHICLE
; THE PERSON EXERCISES
CONTROL OVER THE MOTOR VEHICLE
; AND THE PERSON KNOWS OR SHOULD
REASONABLY HAVE KNOWN THAT THE ACT WAS WITHOUT AUTHORIZATION
OF THE OWNER
.
PAGE 4-SENATE BILL 23-097 (c) Class 1 misdemeanor if the value of the motor vehicle or motor
vehicles involved is less than two thousand dollars.
(6) (a) MOTOR VEHICLE THEFT IN THE FIRST DEGREE IS A CLASS 3
FELONY.
(b) M
OTOR VEHICLE THEFT IN THE SECOND DEGREE IS A CLASS 4
FELONY.
(c) M
OTOR VEHICLE THEFT IN THE THIRD DEGREE IS A CLASS 5
FELONY.
(7) A
PERSON WHOSE CONDUCT IS LIMITED TO THE ELEMENTS OF THIS
SECTION IS NOT SUBJECT TO PROSECUTION PURSUANT TO SECTION
18-4-401.
SECTION 2. In Colorado Revised Statutes, add 18-4-409.5 as
follows:
18-4-409.5. Unauthorized use of a motor vehicle - definition.
(1) A
PERSON COMMITS UNAUTHORIZED USE OF A MOTOR VEHICLE IF THE
PERSON OBTAINS OR EXERCISES CONTROL OVER THE MOTOR VEHICLE OF
ANOTHER PERSON WITHOUT AUTHORIZATION OF THE OWNER AND
:
(a) T
HE PERSON DOES NOT COMMIT A CRIMINAL OFFENSE OTHER
THAN A MISDEMEANOR TRAFFIC OFFENSE EXCEPT ELUDING A POLICE OFFICER
AS DESCRIBED IN SECTION
42-4-1413 IN THE COURSE OF OBTAINING CONTROL
OVER OR IN THE EXERCISE OF CONTROL OF A MOTOR VEHICLE
; AND
(b) THE MOTOR VEHICLE IS RETURNED TO THE OWNER OR RECOVERED
BY LAW ENFORCEMENT WITHIN TWENTY
-FOUR HOURS AFTER BEING
REPORTED AS MISSING OR STOLEN BY THE OWNER
, WITH NO DAMAGE TO THE
MOTOR VEHICLE
.
(2) U
NAUTHORIZED USE OF A MOTOR VEHICLE IS A CLASS 1
MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE FOR A
VIOLATION OF THIS SECTION IS A CLASS
5 FELONY.
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "MOTOR VEHICLE" HAS THE SAME MEANING AS DEFINED IN
SECTION
18-4-409.
PAGE 5-SENATE BILL 23-097 SECTION 3. In Colorado Revised Statutes, 18-17-103, amend
(5)(b)(II) as follows:
18-17-103. Definitions. As used in this article 17, unless the context
otherwise requires:
(5) "Racketeering activity" means to commit, to attempt to commit,
to conspire to commit, or to solicit, coerce, or intimidate another person to
commit:
(b) Any violation of the following provisions of the Colorado
statutes or any criminal act committed in any jurisdiction of the United
States which, if committed in this state, would be a crime under the
following provisions of the Colorado statutes:
(II) Offenses against property, as defined in sections 18-4-102 (first
degree arson), 18-4-103 (second degree arson), 18-4-104 (third degree
arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree burglary),
18-4-203 (second degree burglary), 18-4-301 (robbery), 18-4-302
(aggravated robbery), 18-4-303 (aggravated robbery of controlled
substances), 18-4-401 (theft), 18-4-409 (aggravated
(motor vehicle theft),
18-4-409.5 (
UNAUTHORIZED USE OF A MOTOR VEHICLE ), and 18-4-501
(criminal mischief);
SECTION 4. In Colorado Revised Statutes, 19-1-304, amend (5.5)
as follows:
19-1-304. Juvenile delinquency records - division of youth
services critical incident information - definitions. (5.5) Whenever a
petition is filed in juvenile court alleging a class 1, class 2, class 3, or class
4 felony; a level 1, level 2, or level 3 drug felony; an offense involving
unlawful sexual behavior as defined in section 16-22-102 (9)
; a crime of
violence as described in section 18-1.3-406; a burglary offense as described
in part 2 of article 4 of title 18; felony menacing, in violation of section
18-3-206; harassment, in violation of section 18-9-111; fourth degree arson,
in violation of section 18-4-105; aggravated
motor vehicle theft, in violation
of section 18-4-409; hazing, in violation of section 18-9-124; or possession
of a handgun by a juvenile, in violation of section 18-12-108.5, or when a
petition is filed in juvenile court in which the alleged victim of the crime is
a student or staff person in the same school as the juvenile or in which it is
PAGE 6-SENATE BILL 23-097 alleged that the juvenile possessed a deadly weapon during the commission
of the alleged crime, the prosecuting attorney, within three working days
after the petition is filed, shall make good faith reasonable efforts to notify
the principal of the school in which the juvenile is enrolled and shall
provide such principal with the arrest and criminal records information, as
defined in section 24-72-302. (1).
In the event the prosecuting attorney, in
good faith, is not able to either identify the school that the juvenile attends
or contact the principal of the juvenile's school, then the prosecuting
attorney shall contact the superintendent of the juvenile's school district.
SECTION 5. In Colorado Revised Statutes, 42-2-202, amend
(2)(a)(V) as follows:
42-2-202. Habitual offenders - frequency and type of violations.
(2) (a) An habitual offender is a person having three or more convictions
of any of the following separate and distinct offenses arising out of separate
acts committed within a period of seven years:
(V) Vehicular assault or vehicular homicide, or manslaughter or
criminally negligent homicide which results from the operation of a motor
vehicle, or aggravated
motor vehicle theft, as such offenses are described
in title 18; C.R.S.;
SECTION 6. Appropriation. For the 2023-24 state fiscal year,
$24,409 is appropriated to the department of revenue for use by the division
of motor vehicles. This appropriation is from the Colorado DRIVES vehicle
services account in the highway users tax fund created in section 42-1-211
(2), C.R.S. To implement this act, the division may use this appropriation
for DRIVES maintenance and support.
SECTION 7. Effective date - applicability. This act takes effect
July 1, 2023, and applies to offenses committed on or after July 1, 2023.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 7-SENATE BILL 23-097 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 23-097