HB26-1281 • 2026

Homicide Criminal Offenses

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 com

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. M. Carter, Rep. C. Espenoza, Sen. N. Hinrichsen, Sen. M. Weissman, Rep. J. Bacon, Rep. R. English, Rep. L. García, Rep. J. Mabrey, Rep. N. Ricks, Rep. Y. Zokaie
Last action: 2026-05-12
Official status: Senate Second Reading Special Order - Laid Over to 05/14/2026 - No Amendments
Effective date: Not listed

Plain English Breakdown

The bill text confirms the creation of second-degree murder for extreme indifference causing one death, but does not specify if this replaces or adds to existing definitions beyond the 'except' clause.

Changes to Homicide Laws in Colorado

This bill changes the rules for murder charges based on extreme indifference and creates new crimes related to causing death while driving a vehicle.

What This Bill Does

Requires that first-degree murder by extreme indifference must involve killing more than one person, injuring two or more people with a deadly weapon, or killing specific victims like children under 12 or emergency workers on duty.
Creates second-degree murder for cases where extreme indifference causes the death of only one other person.
Expands criminally negligent homicide to include deaths caused by driving a motor vehicle with criminal negligence.
Establishes aggravated vehicular homicide for reckless driving or driving while impaired that kills someone, if the driver has prior convictions, is fleeing police, is in flight from another felony, or is speeding dangerously creating an imminent risk of death.
Creates negligent vehicular homicide as a class 5 felony for causing death through criminally negligent driving.

Who It Names or Affects

People who cause deaths with extreme indifference to human life
Drivers who operate vehicles in ways that lead to the death of another person
Peace officers, firefighters, and emergency medical providers killed while on duty

Terms To Know

Extreme indifference: An attitude showing a lack of care for human life that creates a grave risk to others.
Criminal negligence: Failing to be aware of a large and unjustifiable risk when driving or acting, which leads to death.
Aggravated vehicular homicide: A serious crime for killing someone while driving recklessly or under the influence with specific bad factors like prior convictions, fleeing police, or speeding dangerously.

Limits and Unknowns

The bill text does not list exact prison sentences for each new charge in this summary, only referencing other sentencing sections.
The effective date of these changes is not provided in the source material.
Some details about how courts will apply 'high rate of speed' or 'imminent risk' are defined generally but may require further legal interpretation.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

H.001

Committee of the Whole

Lost

Plain English: This amendment attempts to restore a previous change that would have rewritten the legal definition of a specific homicide offense by removing detailed descriptions and replacing them with shorter, simpler language.

It changes how the law describes causing death through extreme indifference to human life on page 3.
It removes several lines of text from pages 3, 4, and 5 that currently explain specific parts of this crime.
It replaces those removed sections with new, shorter phrases like 'participant' or simple colons.

The official amendment text only lists which lines to delete and replace but does not provide the full original bill language needed to explain exactly what words are being changed.
Because the specific new wording for most sections is missing from this document, it is unclear how the final definition of the crime would look after these changes.

H.002

Committee of the Whole

Lost

Plain English: This amendment would change the law to specifically include firefighters in a section about criminal homicide.

It replaces existing text on page 3, line 27 of the bill with the word 'FIREFIGHTER.'
The goal is to ensure that firefighters are explicitly named or covered by this part of the law.

The provided text does not explain exactly how naming a firefighter changes their legal rights or responsibilities.
Because the amendment was voted down and lost, these changes were never made to the final bill.

H.003

Committee of the Whole

Lost

Plain English: This amendment would add a new rule to make it a crime if someone causes the death of one person and has been previously convicted of an offense involving domestic violence.

It adds a specific condition where causing the death of only one other person becomes part of this criminal charge.

The amendment text does not explain what happens if someone causes more than one death or has no prior domestic violence conviction.
Because the official status shows this amendment was lost, it did not become law and only describes a proposed change that failed.

H.004

Committee of the Whole

Lost

Plain English: This amendment would have removed several specific pages and line numbers from the bill to change how it defines certain homicide offenses.

It deletes lines 10 through 27 on page 3 of the printed bill.
It removes all text found on page 4 of the bill.
It deletes lines 1 through 20 on page 5 of the bill.

The amendment only lists which pages and lines to delete but does not provide the new replacement language, so it is unclear exactly what rules would replace the removed text.
Because the specific content being deleted was not included in this document, we cannot explain the exact legal change without seeing the original bill.

L.001

HOU Judiciary

Passed [*]

Plain English: This amendment creates a new crime called criminally negligent homicide for drivers who cause death through criminal negligence and adds penalties like license revocation, while also allowing police to force blood tests in these cases.

It defines 'criminally negligent homicide' as causing someone's death by driving with criminal negligence, making it a class 5 felony.
It removes an old rule that treated using a phone and causing death only as a minor traffic offense instead of this new crime.
It requires the state to immediately revoke driver licenses for anyone convicted of criminally negligent homicide while driving.
It allows police officers to physically force a blood test on drivers who refuse testing if they are suspected of committing this specific crime.

The text does not explain exactly what actions count as 'criminal negligence' versus other types of mistakes while driving.
Some parts of the amendment use technical legal phrases like 'proximate cause' that might be hard to understand without more context.

L.003

HOU Judiciary

Passed [*]

Plain English: This amendment changes how a previous update to the bill is written by removing specific references to another law and replacing them with new definitions for vehicular homicide.

It removes the words 'and (1.7)' from line 22 on page 5 of the original bill.
It replaces lines 23 and 24 on page 5 with a section titled 'Vehicular homicide - definitions'.
It deletes five specific lines found between lines 21 and 25 on page 6 of the original bill.

The amendment text only lists which words to delete or add but does not include the full new wording for the 'Vehicular homicide - definitions' section.
Because the actual definition text is missing, it is unclear exactly what rules will be created for vehicular homicide.

L.007

Second Reading

Lost [**]

Plain English: This amendment would remove the specific legal definition and rules for a type of homicide that involves extreme indifference to human life.

It deletes lines from page 3, all of page 4, and part of page 5 in the original bill.

The provided text only lists which pages and lines are removed but does not include the actual words being deleted.
Because the specific legal language is missing from this document, it is unclear exactly what rules or definitions would be taken away without reading the original bill.

L.008

Second Reading

Lost [**]

Plain English: This amendment would remove a specific section of the bill that defines how certain dangerous actions leading to death are treated under current law.

It deletes lines 9 through 20 on page 5 of the original bill text.

The provided amendment only says which lines to delete but does not include the actual words being removed, so it is unclear exactly what rules or definitions are changing.
Because the specific content of the deleted section is missing from this document, we cannot explain in detail how the law would be different without those sentences.

L.015

Second Reading

Lost [**]

Plain English: This amendment would change the law to specifically mention firefighters in a section about serious crimes that cause death.

It replaces existing words on page 3 of the bill with the word 'FIREFIGHTER.'
The goal is to ensure this specific group is included or defined within the new rules.

Because only one line was changed, it is unclear exactly how mentioning firefighters changes who can be charged.
This amendment did not pass and will not become part of the final law.

L.016

Second Reading

Lost [**]

Plain English: This amendment adds a new condition to the law that makes causing one death while having a prior domestic violence conviction punishable as a serious offense.

It creates a new rule where killing just one person is treated more severely if the killer has been convicted of a past crime involving domestic violence.

The amendment text does not explain what specific punishment or sentence applies to this new condition.
Because the official bill title provided in the metadata was cut off, it is unclear exactly which existing law section this change modifies beyond page 3 of the document.

L.018

Second Reading

Lost [**]

Plain English: This amendment would remove several specific parts of the bill that define how certain homicide offenses are charged or described.

It changes a section on page 3 to say 'thereby CAUSES THE DEATH OF ANOTHER; OR' instead of just 'thereby:'.
It deletes lines 19 through 27 on page 3 and the first four lines on page 4.
It removes all text from line 1 through line 20 on page 5.
It updates a word on page 4 to end with 'participant.' instead of the original wording.

The official amendment text only lists which lines are deleted or changed but does not include the full new legal definitions, so it is unclear exactly what crimes remain after these deletions.
Because large sections of the bill were removed without showing replacement text for those specific parts, we cannot explain the complete final rules this change would create.

Bill History

2026-05-12 Senate
Senate Second Reading Special Order - Laid Over to 05/14/2026 - No Amendments
2026-05-11 Senate
Senate Second Reading Special Order - Laid Over Daily - No Amendments
2026-05-06 Senate
Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole
2026-04-30 Senate
Introduced In Senate - Assigned to
2026-04-30 Senate
Introduced In Senate - Assigned to Judiciary
2026-04-29 House
House Third Reading Passed - No Amendments
2026-04-27 House
House Third Reading Laid Over Daily - No Amendments
2026-04-24 House
House Second Reading Special Order - Passed with Amendments - Committee
2026-04-17 House
House Second Reading Laid Over Daily - No Amendments
2026-04-14 House
House Committee on Judiciary Refer Amended to House Committee of the Whole
2026-02-20 House
Introduced In House - Assigned to Judiciary

Official Summary Text

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 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 expands the conduct by which a person can commit criminally negligent homicide to include proximately causing the death of another person while operating or driving a motor vehicle with criminal negligence.
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.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
April 29, 2026
HOUSE
Amended 2nd Reading
April 24, 2026
HOUSE SPONSORSHIP
Carter and Espenoza, Bacon, English, Garcia, Mabrey, Ricks, Zokaie
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
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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, amend 18-3-105 as21
follows:22
18-3-105. Criminally negligent homicide.23
(1) (a) Any A person who causes the death of another person by24
conduct amounting to WITH criminal negligence commits criminally25
negligent homicide. which26
(b) I F A PERSON OPERATES OR DRIVES A MOTOR VEHICLE WITH27
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CRIMINAL NEGLIGENCE AND THE CONDUCT IS THE PROXIMATE CAUSE OF1
THE DEATH OF ANOTHER PERSON , THE PERSON COMMITS CRIMINALLY2
NEGLIGENT HOMICIDE.3
(2) CRIMINALLY NEGLIGENT HOMICIDE is a class 5 felony.4
SECTION 6. In Colorado Revised Statutes, 42-4-239, repeal5
(4)(d) as follows:6
42-4-239. Use of a mobile electronic device - definitions -7
penalty.8
(4) (d) If the individual's actions are the proximate cause of death9
to another, the individual commits a class 1 misdemeanor traffic offense10
and shall be punished as provided in section 42-4-1701 (3)(a)(II).11
SECTION 7. In Colorado Revised Statutes, 42-2-125, amend (1)12
introductory portion and (1)(a) as follows:13
42-2-125. Mandatory revocation of license and permit.14
(1) The department shall immediately revoke the license or permit15
of any A driver or minor driver upon receiving a record showing that the16
driver has:17
(a) Been convicted of vehicular homicide or vehicular assault as18
described in sections 18-3-106 and 18-3-205 C.R.S., or of criminally19
negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE, as20
described in section 18-3-105, C.R.S., while driving a motor vehicle21
SECTION 18-3-105 (1)(b);22
SECTION 8. In Colorado Revised Statutes, amend 42-2-128 as23
follows:24
42-2-128. Vehicular homicide - criminally negligent homicide25
while operating a motor vehicle - revocation of license.26
The department shall revoke the driver's license of any A person27
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convicted of vehicular homicide PURSUANT TO SECTION 18-3-106 OR1
CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-1052
(1)(b), including the driver's license of any A juvenile who has been3
adjudicated a delinquent upon conduct which THAT would establish the4
crime of vehicular homicide PURSUANT TO SECTION 18-3-106 OR5
CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-105 (1)(b)6
if committed by an adult.7
SECTION 9. In Colorado Revised Statutes, 42-2-202, amend8
(2)(a)(V) as follows:9
42-2-202. Habitual offenders - frequency and type of10
violations.11
(2) (a) An habitual offender is a person having three or more12
convictions of any of the following separate and distinct offenses arising13
out of separate acts committed within a period of seven years:14
(V) Vehicular assault or vehicular homicide, or manslaughter or15
criminally negligent homicide which results from the operation of WHILE16
OPERATING OR DRIVING a motor vehicle PURSUANT TO SECTION 18-3-10517
(1)(b), or motor vehicle theft, as such THE offenses are described in title18
18;19
SECTION 10. In Colorado Revised Statutes, 42-4-1301, amend20
(6)(e) as follows:21
42-4-1301. Driving under the influence - driving while22
impaired - driving with excessive alcoholic content - definitions -23
penalties.24
(6) (e) Involuntary blood test - admissibility. Evidence acquired25
through an involuntary blood test pursuant to section 42-4-1301.1 (3)26
shall be IS admissible in any A prosecution for DUI, DUI per se, DWAI,27
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or UDD, and in any A prosecution for criminally negligent homicide1
WHILE OPERATING OR DRIVING A MOTOR VEHICLE pursuant to section2
18-3-105, C.R.S. SECTION 18-3-105 (1)(b), vehicular homicide pursuant3
to section 18-3-106 (1)(b), C.R.S., assault in the third degree pursuant to4
section 18-3-204, C.R.S., or vehicular assault pursuant to section5
18-3-205 (1)(b). C.R.S.6
SECTION 11. In Colorado Revised Statutes, 42-4-1301.1,7
amend (3) as follows:8
42-4-1301.1. Expressed consent for the taking of blood, breath,9
urine, or saliva sample - testing - rules - definition.10
(3) Any A person who is required to take and to complete, and to11
cooperate in the completing of, any A test or tests shall cooperate with the12
person authorized to obtain specimens of such THE person's blood, breath,13
saliva, or urine, including the signing of any release or consent forms14
required by any A person, hospital, clinic, or association authorized to15
obtain such THE specimens. If such A person does not cooperate with the16
person, hospital, clinic, or association authorized to obtain such THE17
specimens, including the signing of any release or consent forms, such18
THE PERSON'S noncooperation shall be IS considered a refusal to submit19
to testing. No A law enforcement officer shall NOT physically restrain any20
A person for the purpose of obtaining a specimen of such THE person's21
blood, breath, saliva, or urine for testing except when the officer has22
probable cause to believe that the person has committed criminally23
negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE24
pursuant to section 18-3-105, C.R.S. SECTION 18-3-105 (1)(b), vehicular25
homicide pursuant to section 18-3-106 (1)(b), C.R.S., assault in the third26
degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant27
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to section 18-3-205 (1)(b), C.R.S., and the person is refusing to take or to1
complete, or to cooperate in the completing of, any test or tests, then in2
such event, the law enforcement officer may require a blood test.3
SECTION 12. In Colorado Revised Statutes, 18-3-106, add (1.5)4
as follows:5
18-3-106. Vehicular homicide - definitions.6
(1.5) I F A PERSON OPERATES OR DRIVES A MOTOR VEHICLE IN7
VIOLATION OF SUBSECTION (1) OF THIS SECTION AND ANY ONE OR MORE OF8
THE FOLLOWING AGGRAVATING CIRCUMSTANCES ARE PRESENT , THE9
PERSON COMMITS AGGRAVATED VEHICULAR HOMICIDE AND THE COURT10
SHALL SENTENCE THE PERSON IN ACCORDANCE WITH SECTION 18-1.3-40611
FOR THE LEVEL OF OFFENSE COMMITTED IN VIOLATION OF SUBSECTION (1)12
OF THIS SECTION:13
(a) THE PERSON COMMITS THE OFFENSE AFTER HAVING TWICE BEEN14
PREVIOUSLY CONVICTED OF THE OFFENSE OF DRIVING UNDER THE15
INFLUENCE OR DRIVING WHILE ABILITY IMPAIRED;16
(b) T HE PERSON COMMITS THE OFFENSE AFTER HAVING BEEN17
PREVIOUSLY CONVICTED OF VEHICULAR HOMICIDE OR VEHICULAR18
ASSAULT;19
(c) T HE PERSON COMMITS THE OFFENSE WHILE ELUDING OR20
ATTEMPTING TO ELUDE A PEACE OFFICER IN VIOLATION OF SECTION21
42-4-1413;22
(d) THE PERSON COMMITS THE OFFENSE WHILE IN FLIGHT FROM THE23
COMMISSION OF ANOTHER FELONY OFFENSE , NOT INCLUDING A TRAFFIC24
OFFENSE; OR25
(e) THE PERSON COMMITS THE OFFENSE WHILE DRIVING AT A HIGH26
RATE OF SPEED IN VIOLATION OF SECTION 42-4-1101 (12)(b), CREATING AN27
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IMMINENT RISK OF DEATH OR SERIOUS BODILY INJURY TO ANOTHER1
PERSON.2
3
SECTION 13. In Colorado Revised Statutes, 18-1.3-406, add4
(2)(d) as follows:5
18-1.3-406. Mandatory sentences for violent crimes -6
definitions.7
(2) (d) "C RIME OF VIOLENCE " ALSO MEANS A VIOLATION OF8
AGGRAVATED MOTOR VEHICLE HOMICIDE AS DESCRIBED IN SECTION9
18-3-106 (1.5).10
SECTION 14. Effective date - applicability. This act takes11
effect July 1, 2026, and applies to offenses committed on or after said12
date.13
SECTION 15. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
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