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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0032.02 Michael Dohr x4347 HOUSE BILL 26-1281
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING THE ALIGNMENT OF CRIMINAL OFFENSES THAT INVOLVE101
THE DEATH OF ANOTHER PERSON.102
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.)
Under current law, if a person engages in conduct that creates a
grave risk to human life with an extreme indifference to the value of
human life and causes the death of another person, the person commits
first degree murder. The bill requires that the person:
! Cause the death of more than one person;
! Cause the death of one person and cause serious bodily
HOUSE SPONSORSHIP
Carter and Espenoza,
SENATE SPONSORSHIP
Weissman and Hinrichsen,
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.
injury to 2 or more persons by means of a deadly weapon;
! Cause the death of a child who is under 12 years old; or
! Cause the death of a peace officer, emergency medical
service provider, emergency medical care provider, or
firefighter engaged in the performance of their duties.
The bill creates a new charge of murder in the second degree if a
person engages in conduct that creates a grave risk to human life with an
extreme indifference to the value of human life and causes the death of
only one other person.
The bill creates the offense of aggravated vehicular homicide by
operating a motor vehicle in a reckless manner or while under the
influence of or impaired by alcohol or other drugs and causing the death
of another person when the person also:
! Has been convicted twice of driving under the influence or
driving while ability impaired;
! Has been convicted of vehicular homicide or vehicular
assault;
! Commits the offense while eluding or attempting to elude
law enforcement;
! Commits the offense while in flight from the commission
of another felony offense, not including a traffic offense; or
! Commits the offense while driving at a high rate of speed,
creating an imminent risk of death or serious bodily injury
to another person.
The bill creates the new offense of negligent vehicular homicide
if a person drives a motor vehicle with criminal negligence and causes the
death of another person. Negligent vehicular homicide is a class 5 felony.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Within the current Colorado sentencing structure, originally4
based on the Model Penal Code, there exists confusion and imbalance in5
offenses involving the extreme indifference mental state in crimes6
resulting in death;7
(b) As a result, Colorado has become one of the most punitive8
states in the country for extreme indifference or similar mental states but9
has not appropriately addressed aggravating circumstances and most10
HB26-1281-2-
common culpable mental states for other crimes. Legislation that will1
create a more thoughtful and balanced sentencing structure that is2
consistent with Colorado case law while responsive to the need for3
community safety is necessary.4
(c) Accountability for deaths caused by drivers in Colorado5
requires a fuller range of defined crimes and penalties to account for6
differences in mental state and aggravating circumstances; and7
(d) The alignment of Colorado's homicide crimes with national8
standards will better serve Colorado and our criminal legal system.9
SECTION 2. In Colorado Revised Statutes, 18-3-102, amend10
(1)(d); and add (2.5) as follows:11
18-3-102. Murder in the first degree.12
(1) A person commits the crime of murder in the first degree if:13
(d) Unde r circumstances evidencing an attitude of universal14
malice manifesting extreme indifference to the value of human life15
generally, he THE PERSON knowingly engages in conduct which creates a16
grave risk of death to a person, or persons, other than himself THEMSELF,17
and thereby:18
(I) Causes the death of another; or MORE THAN ONE PERSON;19
(II) C AUSES THE DEATH OF ONE PERSON AND CAUSES SERIOUS20
BODILY INJURY TO TWO OR MORE PERSONS BY MEANS OF A DEADLY21
WEAPON;22
(III) CAUSES THE DEATH OF A CHILD WHO IS UNDER TWELVE YEARS23
OLD; OR24
(IV) C AUSES THE DEATH OF A PEACE OFFICER , EMERGENCY25
MEDICAL SERVICE PROVIDER, EMERGENCY MEDICAL CARE PROVIDER, OR26
FIREFIGHTER ENGAGED IN THE PERFORMANCE OF THEIR DUTIES.27
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(2.5) I F THE PERSON 'S ACTIONS ARE THE CAUSE OF DEATH OR1
SERIOUS BODILY INJURY TO MORE THAN ONE INDIVIDUAL PURSUANT TO2
THE PROVISIONS OF SUBSECTION (1)(d) OF THIS SECTION, EACH INDIVIDUAL3
INJURED OR KILLED IS A SEPARATE VIOLATION OF THE LAW.4
SECTION 3. In Colorado Revised Statutes, 18-3-103, amend (1)5
and (4) as follows:6
18-3-103. Murder in the second degree - definitions.7
(1) A person commits the crime of murder in the second degree8
if:9
(a) The person knowingly causes the death of a person; or10
(b) Acting either alone or with one or more persons, he or she THE11
PERSON commits or attempts to commit felony arson, robbery, burglary,12
kidnapping, sexual assault as prohibited by section 18-3-402, sexual13
assault in the first or second degree as prohibited by section 18-3-402 or14
18-3-403, as those sections existed pr ior to July 1, 2000, or a class 315
felony for sexual assault on a child as provided in section 18-3-405 (2),16
or the felony crime of escape as provided in section 18-8-208, and, in the17
course of or in furtherance of the crime that he or she THE PERSON is18
committing or attempting to commit, or of immediate flight therefrom,19
the death of a person, other than one of the participants, is caused by any20
participant; OR21
(c) E XCEPT AS PROVIDED IN SECTION 18-3-102 (1)(d), UNDER22
CIRCUMSTANCES EVIDENCING AN ATTITUDE OF UNIVERSAL MALICE23
MANIFESTING EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE24
GENERALLY, THE PERSON KNOWINGLY ENGAGES IN CONDUCT THAT25
CREATES A GRAVE RISK OF DEATH TO ANOTHER PERSON OR PERSONS, AND26
AS A RESULT CAUSES THE DEATH OF ONLY ONE OTHER PERSON.27
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(4) A defendant convicted pursuant to subsection (1) of this1
section shall be sentenced by the court in accordance with the provisions2
of section 18-1.3-406; EXCEPT, WHEN THE CRIME CAUSED THE DEATH OF3
ANOTHER PERSON , THE COURT SHALL SENTENCE A PERSON CONVICTED4
PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION TO A TERM OF5
INCARCERATION OF AT LEAST THREE TIMES THE MINIMUM TERM6
AUTHORIZED IN THE PRESUMPTIVE RANGE AND UP TO TWICE THE MAXIMUM7
TERM AUTHORIZED IN THE PRESUMPTIVE RANGE.8
SECTION 4. In Colorado Revised Statutes, 18-2-101, amend (4);9
and add (7.5) as follows:10
18-2-101. Criminal attempt.11
(4) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION , criminal12
attempt to commit a class 1 felony is a class 2 felony; criminal attempt to13
commit a class 2 felony is a class 3 felony; criminal attempt to commit a14
class 3 felony is a class 4 felony; criminal attempt to commit a class 415
felony is a class 5 felony; AND criminal attempt to commit a class 5 or 616
felony is a class 6 felony.17
(7.5) C RIMINAL ATTEMPT TO COMMIT A VIOLATION OF SECTION18
18-3-102 (1)(d) OR 18-3-103 (1)(c) IS A CLASS 3 FELONY, AND THE COURT19
SHALL SENTENCE THE PERSON IN ACCORDANCE WITH SECTION 18-1.3-406.20
SECTION 5. In Colorado Revised Statutes, 18-3-106, add (1.5)21
and (1.7) as follows:22
18-3-106. Vehicular homicide - negligent vehicular homicide23
- definitions.24
(1.5) I F A PERSON OPERATES OR DRIVES A MOTOR VEHICLE IN25
VIOLATION OF SUBSECTION (1) OF THIS SECTION AND ANY ONE OR MORE OF26
THE FOLLOWING AGGRAVATING CIRCUMSTANCES ARE PRESENT , THE27
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PERSON COMMITS AGGRAVATED VEHICULAR HOMICIDE AND THE COURT1
SHALL SENTENCE THE PERSON IN ACCORDANCE WITH SECTION 18-1.3-4062
FOR THE LEVEL OF OFFENSE COMMITTED IN VIOLATION OF SUBSECTION (1)3
OF THIS SECTION:4
(a) THE PERSON COMMITS THE OFFENSE AFTER HAVING TWICE BEEN5
PREVIOUSLY CONVICTED OF THE OFFENSE OF DRIVING UNDER THE6
INFLUENCE OR DRIVING WHILE ABILITY IMPAIRED;7
(b) T HE PERSON COMMITS THE OFFENSE AFTER HAVING BEEN8
PREVIOUSLY CONVICTED OF VEHICULAR HOMICIDE OR VEHICULAR9
ASSAULT;10
(c) T HE PERSON COMMITS THE OFFENSE WHILE ELUDING OR11
ATTEMPTING TO ELUDE A PEACE OFFICER IN VIOLATION OF SECTION12
42-4-1413;13
(d) THE PERSON COMMITS THE OFFENSE WHILE IN FLIGHT FROM THE14
COMMISSION OF ANOTHER FEL ONY OFFENSE, NOT INCLUDING A TRAFFIC15
OFFENSE; OR16
(e) THE PERSON COMMITS THE OFFENSE WHILE DRIVING AT A HIGH17
RATE OF SPEED IN VIOLATION OF SECTION 42-4-1101 (12)(b), CREATING AN18
IMMINENT RISK OF DEATH OR SERIOUS BODILY INJURY TO ANOTHER19
PERSON.20
(1.7) (a) IF A PERSON OPERATES OR DRIVES A MOTOR VEHICLE WITH21
CONDUCT AMOUNTING TO CRIMINAL NEGLIGENCE AND THE CONDUCT IS22
THE PROXIMATE CAUSE OF THE DEATH OF ANOTHER PERSON, THE PERSON23
COMMITS NEGLIGENT VEHICULAR HOMICIDE.24
(b) NEGLIGENT VEHICULAR HOMICIDE IS A CLASS 5 FELONY.25
SECTION 6. In Colorado Revised Statutes, 18-1.3-406, add26
(2)(d) as follows:27
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18-1.3-406. Mandatory sentences for violent crimes -1
definitions.2
(2) (d) "C RIME OF VIOLENCE " ALSO MEANS A VIOLATION OF3
AGGRAVATED MOTOR VEHICLE HOMICIDE AS DESCRIBED IN SECTION4
18-3-106 (1.5).5
SECTION 7. Effective date - applicability. This act takes effect6
July 1, 2026, and applies to offenses committed on or after said date.7
SECTION 8. Safety clause. The general assembly finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety or for appropriations for10
the support and maintenance of the departments of the state and state11
institutions.12
HB26-1281-7-