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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0052.01 Renee Leone x2695 HOUSE BILL 26-1329
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING CRIMINALIZING CERTAIN MOTOR VEHICLE ACTIVITIES,101
AND, IN CONNECTION THEREWITH , CRIMINALIZING AND102
CREATING PENALTIES FOR MOTOR VEHICLE RACING , STREET103
TAKEOVERS, AND STUNT DRIVING.104
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 w ill be av ailable at
http://leg.colorado.gov.)
The bill makes street takeovers, coordinated street takeovers,
racing and drag racing, and stunt driving (prohibited motor vehicle
activities) illegal on highways and roadways. More specifically, the bill
HOUSE SPONSORSHIP
Clifford and Richardson,
SENATE SPONSORSHIP
(None),
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.
states that a person shall not:
! Intentionally engage in a prohibited motor vehicle activity;
! Coordinate or facilitate an event the person should
reasonably know is a street takeover, a race or drag race, or
stunt driving;
! Ride as a passenger in a motor vehicle the person should
reasonably know is participating in a street takeover, a race
or drag race, or stunt driving;
! Intentionally cause the movement of traffic to slow, stop,
or be impeded in any way because of a street takeover, a
race or drag race, or stunt driving;
! Drive a motor vehicle to carry fuel for a motor vehicle the
person should reasonably know is involved in a street
takeover, a race or drag race, or stunt driving; or
! Knowingly be a spectator to a race, drag race, or street
takeover prohibited by the bill.
The bill imposes penalties for a person that engages in a prohibited
motor vehicle activity. The bill also imposes penalties for a person that
engages in a prohibited motor vehicle activity and then eludes or attempts
to elude a peace officer. Lastly, the bill states when and how a peace
officer may, or a presiding court may issue an order to, impound,
immobilize, or seize a motor vehicle involved in a prohibited motor
vehicle activity.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-1105, amend2
(2) and (5)(a); repeal (1), (3), and (5)(d); add (2.1); and add with3
amended and relocated provisions (1.1) as follows:4
42-4-1105. Racing - drag racing - street takeovers - stunt5
driving - immobilization, impounding, or seizure of motor vehicle -6
penalties - definitions.7
(1) (a) Except as otherwise provided in subsection (4) of this8
section, it is unlawful for a person to knowingly engage in a speed contest9
on a highway.10
(b) For purposes of this section, "speed contest" means the11
operation of one or more motor vehicles to conduct a race or a time trial,12
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including but not limited to rapid acceleration, exceeding reasonable and1
prudent speeds for highways and existing traffic conditions, vying for2
position, or performing one or more lane changes in an attempt to gain3
advantage over one or more of the other race participants.4
(c) A person who violates any provision of this subsection (1)5
commits a class 1 misdemeanor traffic offense.6
(1.1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a) "BURNOUT" MEANS A MANEUVER PERFORMED BY A DRIVER OF9
A MOTOR VEHICLE WHEREBY THE MOTOR VEHICLE IS KEPT STATIONARY ,10
OR IS IN MOTION , WHILE THE WHEELS ARE SPUN IN A MANNER THAT11
DEFEATS FRICTION AND ALLOWS THE TIRES TO SPIN FREELY, WHICH MAY12
THEN LEAD TO EXCESSIVE FRICTION AND CAUSE THE TIRES TO MELT.13
(b) "C ONVICTION" HAS THE MEANING SET FORTH IN SECTION14
18-1.3-602 (2).15
(c) "C OORDINATED STREET TAKEOVER " MEANS FIVE OR MORE16
MOTOR VEHICLES OPERATED BY DRIVERS IN AN ORGANIZED MANNER TO17
EFFECT A STREET TAKEOVER.18
(d) "DOUGHNUT" MEANS A MANEUVER PERFORMED BY A DRIVER19
OF A MOTOR VEHICLE WHEREBY THE FRONT OR REAR OF THE MOTOR20
VEHICLE IS ROTATED AROUND THE OPPOSITE SET OF WHEELS IN A21
CONTINUOUS MOTION, WHICH MAY CAUSE:22
(I) A CIRCULAR TIRE-MARK PATTERN OF RUBBER ON THE DRIVING23
SURFACE; OR24
(II) T HE TIRES OF THE MOTOR VEHICLE TO HEAT UP AND EMIT25
SMOKE.26
(e) "DRAG RACE" MEANS THE OPERATION OF TWO OR MORE MOTOR27
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VEHICLES BY DRIVERS WHO DRIVE:1
(I) S IDE-BY-SIDE AT ACCELERATING SPEEDS IN A COMPETITIVE2
ATTEMPT TO ACCELERATE FASTER OR OUTDISTANCE EACH OTHER; OR3
(II) OVER A COMMON OR SELECTED COURSE FOR THE PURPOSE OF4
COMPARING THE RELATIVE SPEED OR POWER OF ACCELERATION OF THE5
MOTOR VEHICLE OR MOTOR VEHICLES WITHIN A CERTAIN DISTANCE OR6
TIME LIMIT.7
(f) (I) "DRIFTING" OR "DRIFT" MEANS A MANEUVER PERFORMED BY8
A DRIVER OF A MOTOR VEHICLE, AS PART OF A STREET TAKEOVER OR FOR9
EXHIBITION, STUNT, OR PERFORMATIVE REASONS, WHEREBY THE DRIVER10
INDUCES AND MAINTAINS AN OVERSTEERING ACTION TO CAUSE THE REAR11
WHEELS OF THE MOTOR VEHICLE TO LOSE TRACTION WITH THE DRIVING12
SURFACE AND THE MOTOR VEHICLE TO SLIDE SIDEWAYS IN A CONTROLLED13
TURN OR ARC WITH THE FRONT WHEELS TURNED IN THE OPPOSITE14
DIRECTION OF THE TURN OR ARC.15
(II) "D RIFTING" OR "DRIFT" DOES NOT INCLUDE A CORRECTIVE16
ACTION TAKEN BY A DRIVER TO REGAIN CONTROL OF A MOTOR VEHICLE17
AFTER AN UNINTENDED LOSS OF CONTROL OR TRACTION CAUSED BY ROAD18
CONDITIONS, WEATHER, OR AN EMERGENCY.19
(g) [Formerly 42-4-1105 (5)(d)] For purposes of this section,20
"Immobilization device" means a device locked into place over a wheel21
of a motor vehicle that prevents the motor vehicle from being moved.22
"Immobilization device" includes but is not limited to a device commonly23
referred to as a "traffic boot" or "boot".24
(h) (I) "MOTOR VEHICLE" HAS THE MEANING SET FORTH IN SECTION25
42-1-102 (58).26
(II) "M OTOR VEHICLE" INCLUDES A MOTORCYCLE , AUTOCYCLE,27
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MOPED, ALL -TERRAIN VEHICLE , OFF -ROAD VEHICLE , OR VEHICLE NOT1
LICENSED TO OPERATE ON A HIGHWAY OR ROADWAY.2
(i) (I) "R ACE" MEANS A SPEED OR ACCELERATION CONTEST ,3
COMPETITION, OR EXHIBITION ON A PUBLIC HIGHWAY OR ROADWAY THAT4
INVOLVES TWO OR MORE DRIVERS OF MOTOR VEHICLES WHO ATTEMPT TO5
OUTDISTANCE ONE ANOTHER OR OTHERWISE ACHIEVE SUPERIORITY AND6
THEREBY DRIVE AT AN UNSAFE OR EXCESSIVE SPEED.7
(II) A RACE MAY:8
(A) BE PREARRANGED BY A DRIVER OR OTHER INDIVIDUAL;9
(B) O CCUR AS THE RESULT OF A SPONTANEOUS COMPETITIVE10
CHALLENGE AND RESPONSE MADE BY ONE OR MORE DRIVERS THAT, UNDER11
THE CIRCUMSTANCES , CAN REASONABLY BE INTERPRETED AS A12
CHALLENGE OR AGREEMENT TO RACE; OR13
(C) OCCUR AS PART OF A STREET TAKEOVER OR A COORDINATED14
STREET TAKEOVER.15
(j) (I) "SPECTATOR" MEANS AN INDIVIDUAL WHO KNOWINGLY AND16
VOLUNTARILY ATTENDS OR REMAINS PRESENT AT A RACE , DRAG RACE ,17
STREET TAKEOVER , OR COORDINATED STREET TAKEOVER ON A PUBLIC18
HIGHWAY OR ROADWAY FOR THE PURPOSE OF VIEWING, ENCOURAGING, OR19
OTHERWISE PARTICIPATING IN THE EVENT , WHEN THE INDIVIDUAL 'S20
PRESENCE IS THE RESULT OF AN AFFIRMATIVE CHOICE TO SUPPORT OR21
ENGAGE WITH THE RACE , DRAG RACE , STREET TAKEOVER , OR22
COORDINATED STREET TAKEOVER AND IS NOT MERELY THE RESULT OF23
INCIDENTAL LAWFUL PRESENCE IN THE AREA.24
(II) FOR THE PURPOSE OF DETERMINING WHETHER AN INDIVIDUAL25
IS A SPECTATOR, A FINDER OF FACT MAY CONSIDER:26
(A) THE RELATIONSHIP BETWEEN THE INDIVIDUAL AND A DRIVER27
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PARTICIPATING IN THE RACE , DRAG RACE , STREET TAKEOVER , OR1
COORDINATED STREET TAKEOVER;2
(B) W HETHER THE INDIVIDUAL IS ENGAGED IN GAMBLING OR3
BETTING ON THE OUTCOME OF THE RACE, DRAG RACE, STREET TAKEOVER,4
OR COORDINATED STREET TAKEOVER;5
(C) THAT THE INDIVIDUAL PHOTOGRAPHED, FILMED, OR RECORDED6
THE EVENT AND WHETHER THE INDIVIDUAL POSTED THE CONTENT TO7
SOCIAL MEDIA; AND8
(D) ANY OTHER EVIDENCE THAT MAY SHOW THAT THE INDIVIDUAL9
AFFIRMATIVELY AND KNOWINGLY CHOSE TO ATTEND , VIEW , OR10
PARTICIPATE IN THE RACE , DRAG RACE , STREET TAKEOVER , OR11
COORDINATED STREET TAKEOVER.12
(k) "STREET TAKEOVER" MEANS THE INTENTIONAL ACT BY ONE OR13
MORE DRIVERS OF MOTOR VEHICLES TO OCCUPY OR BLOCK AN OPEN14
PUBLIC HIGHWAY OR ROADWAY FOR THE PURPOSE OF CONDUCTING A15
RACE, A DRAG RACE , STUNT DRIVING , OR ANOTHER MOTOR VEHICLE16
PERFORMANCE, CONTEST , EXHIBITION , OR DISPLAY , AND WHICH ACT17
THEREBY SLOWS, STOPS, OR OTHERWISE IMPEDES THE NORMAL MOVEMENT18
OF OTHER MOTOR VEHICLES.19
(l) "STUNT DRIVING" MEANS TO, ON A HIGHWAY OR ROADWAY OR20
AS PART OF A STREET TAKEOVER, PERFORM OR ENGAGE IN:21
(I) A BURNOUT;22
(II) A DOUGHNUT;23
(III) DRIFTING; OR24
(IV) A WHEELIE.25
(m) "WHEELIE" MEANS A MANEUVER PERFORMED BY A DRIVER OF26
A MOTOR VEHICLE WHEREBY THE DRIVER INTENTIONALLY CAUSES ONE OR27
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MORE WHEELS, IN ANY COMBINATION OF FRONT, REAR, OR SIDE WHEELS,1
TO BE RAISED OFF OF THE DRIVING SURFACE WHILE DRIVING.2
(2) (a) Except as otherwise provided in subsection (4) of this3
section, it is unlawful for a person to knowingly engage in a speed4
exhibition on a highway. A PERSON SHALL NOT:5
(I) I NTENTIONALLY DRIVE A MOTOR VEHICLE IN A STREET6
TAKEOVER, A COORDINATED STREET TAKEOVER, OR A RACE OR DRAG RACE7
ON A HIGHWAY OR ROADWAY;8
(II) INTENTIONALLY STUNT DRIVE ON A HIGHWAY OR ROADWAY;9
(III) C OORDINATE, FACILITATE , COLLECT MONEY FOR , OR10
PARTICIPATE IN , IN ANY MANNER , AN EVENT THE PERSON SHOULD11
REASONABLY KNOW IS A STREET TAKEOVER , A COORDINATED STREET12
TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING;13
(IV) R IDE AS A PASSENGER IN A MOTOR VEHICLE THE PERSON14
SHOULD REASONABLY KNOW, WHEN THE PERSON MAKES THE DECISION TO15
RIDE AS A PASSENGER , IS PARTICIPATING IN A STREET TAKEOVER , A16
COORDINATED STREET TAKEOVER , A RACE OR DRAG RACE , OR STUNT17
DRIVING;18
(V) I NTENTIONALLY CAUSE THE MOVEMENT OF TRAFFIC ,19
INCLUDING PEDESTRIAN TRAFFIC, TO SLOW, STOP, OR BE IMPEDED IN ANY20
WAY BECAUSE OF A STREET TAKEOVER , A COORDINATED STREET21
TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING; OR22
(VI) DRIVE A MOTOR VEHICLE FOR THE PURPOSE OF PROVIDING23
FUEL FOR A MOTOR VEHICLE THE PERSON SHOULD REASONABLY KNOW IS24
INVOLVED IN A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, A25
RACE OR DRAG RACE, OR STUNT DRIVING.26
(b) For purposes of this section, "speed exhibition" means the27
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operation of a motor vehicle to present a display of speed or power.1
"Speed exhibition" includes, but is not limited to, squealing the tires of a2
motor vehicle while it is stationary or in motion, rapid acceleration, rapid3
swerving or weaving in and out of traffic, producing smoke from tire4
slippage, or leaving visible tire acceleration marks on the surface of the5
highway or ground.6
(c) EXCEPT AS PROVIDED IN SUBSECTION (2)(d) OF THIS SECTION,7
a person who violates any provision of this subsection (2) THAT VIOLATES8
SUBSECTION (2)(a) OF THIS SECTION commits a class 2 misdemeanor9
traffic offense AN UNLAWFUL EXHIBITION OF RACING OR STUNT DRIVING.10
UNLAWFUL EXHIBITION OF RACING OR STUNT DRIVING IS A CLASS 111
MISDEMEANOR TRAFFIC OFFENSE AND , UPON CONVICTION , SHALL BE12
PUNISHED AS PROVIDED IN SECTION 42-4-1701 (3)(a )(II), AND THE13
EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S14
DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO ONE15
YEAR; EXCEPT THAT:16
(I) A SECOND VIOLATION WITHIN ONE YEAR AFTER THE DATE OF17
THE FIRST VIOLATION THAT RESULTED IN A CONVICTION IS A CLASS 618
FELONY AND, UPON CONVICTION , SHALL BE PUNISHED AS PROVIDED IN19
SECTION 18-1.3-401, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT20
SHALL REVOKE THE PERSON 'S DRIVER'S LICENSE IN ACCORDANCE WITH21
SECTION 42-2-127 FOR UP TO AN ADDITIONAL TWO YEARS; AND22
(II) A THIRD OR SUBSEQUENT VIOLATION WITHIN A FIVE -YEAR23
PERIOD IS A CLASS 5 FELONY AND, UPON CONVICTION, SHALL BE PUNISHED24
AS PROVIDED IN SECTION 18-1.3-401, AND THE EXECUTIVE DIRECTOR OF25
THE DEPARTMENT SHALL REVOKE THE PERSON 'S DRIVER 'S LICENSE IN26
ACCORDANCE WITH SECTION 42-2-127 FOR UP TO AN ADDITIONAL THREE27
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YEARS.1
(d) (I) A PERSON THAT VIOLATES SUBSECTION (2)(a)(I), (2)(a)(II),2
(2)(a)(V), OR (2)(a)(VI) OF THIS SECTION WHILE ENGAGED IN A3
COORDINATED STREET TAKEOVER COMMITS AN UNLAWFUL COORDINATED4
STREET TAKEOVER . UNLAWFUL COORDINATED STREET TAKEOVER IS A5
CLASS 6 FELONY AND , UPON CONVICTION , SHALL BE PUNISHED AS6
PROVIDED IN SECTION 18-1.3-401; EXCEPT THAT THE COURT SHALL IMPOSE7
A FINE OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS AND8
NOT MORE THAN FOUR THOUSAND DOLLARS , AND THE EXECUTIVE9
DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON 'S DRIVER'S10
LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO TWO YEARS.11
(II) A SECOND VIOLATION WITHIN ONE YEAR AFTER THE DATE OF12
THE FIRST VIOLATION THAT RESULTED IN A CONVICTION IS A CLASS 613
FELONY IF BOTH VIOLATIONS ARE UNLAWFUL COORDINATED STREET14
TAKEOVERS AS DESCRIBED IN SUBSECTION (2)(d)(I) OF THIS SECTION AND,15
UPON CONVICTION , SHALL BE PUNISHED AS PROVIDED IN SECTION16
18-1.3-401; EXCEPT THAT THE COURT SHALL IMPOSE A FINE OF NOT LESS17
THAN THREE THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE THAN18
FIVE THOUSAND DOLLARS , AND THE EXECUTIVE DIRECTOR OF THE19
DEPARTMENT SHALL REVOKE THE PERSON 'S DRIVER 'S LICENSE IN20
ACCORDANCE WITH SECTION 42-2-127 FOR UP TO AN ADDITIONAL TWO21
YEARS.22
(III) A THIRD OR SUBSEQUENT VIOLATION WITHIN A FIVE -YEAR23
PERIOD AFTER THE DATE OF THE FIRST VIOLATION IS A CLASS 5 FELONY IF24
ALL VIOLATIONS ARE UNLAWFUL COORDINATED STREET TAKEOVERS AS25
DESCRIBED IN SUBSECTION (2)(d)(I) OF THIS SECTION AND , UPON26
CONVICTION, SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401;27
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EXCEPT THAT THE COURT SHALL IMPOSE A FINE OF NOT LESS THAN FOUR1
THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE THAN SIX THOUSAND2
DOLLARS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL3
REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH SECTION4
42-2-127 FOR UP TO AN ADDITIONAL THREE YEARS.5
(e) (I) A PERSON SHALL NOT KNOWINGLY BE A SPECTATOR TO A6
RACE, DRAG RACE , STREET TAKEOVER , OR COORDINATED STREET7
TAKEOVER PROHIBITED PURSUANT TO THIS SECTION.8
(II) A PERSON THAT VIOLATES SUBSECTION (2)(e)(I) OF THIS9
SECTION COMMITS A CLASS B TRAFFIC INFRACTION AND SHALL BE SUBJECT10
TO PENALTIES AS PROVIDED IN SECTION 42-4-1701 (3)(a).11
(2.1) (a) I N ACCORDANCE WITH SECTION 16-3-102 (1), A PEACE12
OFFICER MAY ARREST AND TAKE INTO CUSTODY A PERSON THAT VIOLATES13
SUBSECTION (2)(a) OF THIS SECTION.14
(b) WHEN A COURT HEARS A CASE IN WHICH A PERSON IS CHARGED15
WITH A VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION:16
(I) THE ARRESTING OFFICER OR PROSECUTOR SHALL PROVIDE THE17
COURT A COPY OF THE DRIVING RECORD OF THE PERSON CHARGED; AND18
(II) T HE COURT SHALL OBTAIN ANY RECORDS NECESSARY TO19
DETERMINE IF THE PERSON CHARGED HAS ONE OR MORE PRIOR20
CONVICTIONS FOR VIOLATING SUBSECTION (2)(a) OF THIS SECTION.21
(c) (I) A COURT THAT HEARS A CASE IN WHICH A PERSON IS22
CHARGED WITH A VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION MAY23
ENTER AN ORDER OF IMPOUNDMENT OR IMMOBILIZATION OF THE MOTOR24
VEHICLE THE PERSON WAS DRIVING DURING THE VIOLATION AS PART OF25
SENTENCING THE PERSON TO INCARCERATION OR AS A CONDITION OF26
PROBATION.27
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(II) WITHIN SEVEN BUSINESS DAYS AFTER THE DATE THE COURT1
ISSUES AN ORDER OF IMPOUNDMENT OR IMMOBILIZATION PURSUANT TO2
SUBSECTION (2.1)(c)(I) OF THIS SECTION, THE CLERK OF THE COURT SHALL3
SEND NOTICE OF THE ORDER BY CERTIFIED MAIL WITH RETURN RECEIPT4
REQUESTED TO:5
(A) T HE REGISTERED OWNER OF THE MOTOR VEHICLE IF THE6
REGISTERED OWNER IS NOT THE PERSON THAT WAS ARRESTED; AND7
(B) A PERSON OF RECORD CLAIMING A LIEN AGAINST THE MOTOR8
VEHICLE.9
(III) (A) A N IMPOUNDING AGENCY SHALL RELEASE A MOTOR10
VEHICLE THAT WAS IMPOUNDED OR IMMOBILIZED PURSUANT TO11
SUBSECTION (2.1)(c)(I) OF THIS SECTION TO THE OWNER OR PERSON12
ENTITLED TO POSSESSION UNDER THE CONDITIONS SET FORTH IN SECTION13
42-13-106.14
(B) UNLESS THE COURT DISMISSES THE ORDER OF IMPOUNDMENT15
OR IMMOBILIZATION , ALL COSTS AND FEES ASSOCIATED WITH THE16
IMPOUNDMENT OR IMMOBILIZATION ORDERED PURSUANT TO SUBSECTION17
(2.1)(c)(I) OF THIS SECTION, INCLUDING THE COST OF THE NOTICE, SHALL18
BE PAID BY THE PERSON CHARGED PURSUANT TO THIS SECTION.19
(d) NOTWITHSTANDING SUBSECTION (2.1)(c) OF THIS SECTION, IF20
A PEACE OFFICER ARRESTS AND TAKES INTO CUSTODY A PERSON DRIVING21
A MOTOR VEHICLE IN VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION,22
THE MOTOR VEHICLE MAY BE IMPOUNDED IMMEDIATELY TO STORE THE23
VEHICLE AS EVIDENCE OR TO BEGIN ASSET FORFEITURE PROCEEDINGS AS24
PERMITTED BY LAW.25
(e) A MOTOR VEHICLE USED IN VIOLATION OF SUBSECTION (2)(a)26
OF THIS SECTION MAY BE IMPOUNDED FOR SAFEKEEPING, AS EVIDENCE, OR27
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FOR ASSET FORFEITURE IF:1
(I) THE OWNER OF THE MOTOR VEHICLE CANNOT BE VERIFIED; OR2
(II) T HE MOTOR VEHICLE IS NOT REGISTERED WITH THE3
DEPARTMENT.4
(3) (a) Except as otherwise provided in subsection (4) of this5
section, a person shall not, for the purpose of facilitating or aiding or as6
an incident to any speed contest or speed exhibition upon a highway, in7
any manner obstruct or place a ba rricade or obstruction, or assist or8
participate in placing any such barricade or obstruction, upon a highway.9
(b) A person who violates any provision of this subsection (3)10
commits, pursuant to section 42-4-1703, the offense that the person aided11
in or facilitated the commission of. Nothing in this subsection (3) shall be12
construed to preclude charging a person under section 42-4-1703 for13
otherwise being a party to the crime of engaging in a speed contest or14
engaging in a speed exhibition.15
(5) (a) In addition to a sentence imposed pursuant to this section16
or pursuant to any other provision of law:17
(I) Upon the second conviction for an offense specified in18
subsection (1) or (2) (2)(a) of this section, or any other crime, the19
underlying factual basis of which has been found by the court to include20
an act of operating a motor vehicle in violation of subsection (1) or (2)21
(2)(a) of this section, the court may, in its discretion, order the primary22
law enforcement agency involved with the case to place an23
immobilization device on the motor vehicle or motor vehicles so operated24
for a period of up to fourteen days.25
(II) (A) Upon the third or subsequent conviction for an offense26
specified in subsection (1) or (2) of this section, or any other crime, the27
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underlying factual basis of which has been found by the court to include1
an act of operating a motor vehicle in violation of subsection (1) or (2) of2
this section, the court may, in its discretion, order the primary law3
enforcement agency involved with the case to place an immobilization4
device on the motor vehicle or motor vehicles so operated for a period of5
up to thirty days but more than fourteen days A MOTOR VEHICLE MAY BE6
SUBJECT TO THE PROCEDURES APPLIED TO SEIZED PROPERTY SET FORTH IN7
SECTIONS 16-13-505 TO 16-13-510 IF THE MOTOR VEHICLE IS USED IN8
VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION BY A PERSON THAT HAS9
TWO OR MORE PRIOR CONVICTIONS FOR VIOLATIONS OF SUBSECTION (2)(a)10
OF THIS SECTION WITHIN THE FIVE YEARS BEFORE THE VIOLATION THAT11
RESULTED IN A CONVICTION.12
(B) S UBSECTION (5)(a)(II)(A) OF THIS SECTION APPLIES TO A13
PERSON CONVICTED OF THE VIOLATIONS OF SUBSECTION (2)(a) OF THIS14
SECTION WITHIN THE FIVE YEARS BEFORE THE VIOLATION THAT RESULTED15
IN A CONVICTION ONLY IF THE PERSON IS THE REGISTERED OWNER OF THE16
MOTOR VEHICLE TO BE SEIZED.17
(d) For purposes of this section, "immobilization device" means18
a device locked into place over a wheel of a motor vehicle that prevents19
the motor vehicle from being moved. "Immobilization device" includes20
but is not limited to a device commonly referred to as a "traffic boot" or21
"boot".22
SECTION 2. In Colorado Revised Statutes, 42-2-127, amend23
(5)(c) as follows:24
42-2-127. Authority to suspend license - to deny license - type25
of conviction - points.26
(5) Point system schedule:27
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Type of conviction Points1
(c) (I) Engaging in a speed contest in violation of section2
42-4-1105 (1) INTENTIONALLY DRIVING A MOTOR VEHICLE IN A STREET3
TAKEOVER, A COORDINATED STREET TAKEOVER, OR A RACE OR DRAG RACE4
IN VIOLATION OF SECTION 42-4-1105 (2)(a)(I) ..................1 25
(II) Aiding or facilitating engaging in a speed contest in violation6
of section 42-4-1105 (3) INTENTIONALLY STUNT DRIVING IN VIOLATION OF7
SECTION 42-4-1105 (2)(a)(II) ...............................1 28
(III) Engaging in a speed exhib ition in violation of section9
42-4-1105 (2) ............................................510
(IV) Aiding or facilitating engaging in a speed exhibition in11
violation of section 42-4-1105 (3) DRIVING A MOTOR VEHICLE FOR THE12
PURPOSE OF PROVIDING FUEL FOR A MOTOR VEHICLE THE PERSON SHOULD13
REASONABLY KNOW IS INVOLVED IN A STREET TAKEOVER, A COORDINATED14
STREET TAKEOVER , A RACE OR DRAG RACE , OR STUNT DRIVING IN15
VIOLATION OF SECTION 42-4-1105 (2)(a)(VI) ................. 5 1216
SECTION 3. In Colorado Revised Statutes, 18-9-116.5, amend17
(1) and (2)(a) as follows:18
18-9-116.5. Vehicular eluding.19
(1) Any A person who, while operating a motor vehicle,20
knowingly eludes or attempts to elude a peace officer also operating a21
motor vehicle, and who knows or reasonably should know that he or she22
is THEY ARE being pursued by said A peace officer, and who operates his23
or her THEIR vehicle in a reckless manner, commits vehicular eluding.24
(2) (a) Vehicular eluding is a class 5 felony; except that:25
(I) Vehicular eluding that results in bodily injury to another person26
is a class 4 felony; and27
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(II) Vehicular eluding that results in death to another person is a1
class 3 felony; AND2
(III) VEHICULAR ELUDING COMMITTED BY A DRIVER OF A MOTOR3
VEHICLE IN CONNECTION WITH OR IMMEDIATELY AFTER A VIOLATION OF4
SECTION 42-4-1105 (2)(a)(I), (2)(a)(II), (2)(a )(III), (2)(a)(V), OR5
(2)(a)(VI) IS A CLASS 4 FELONY.6
SECTION 4. In Colorado Revised Statutes, 42-4-110.5, add (9)7
as follows:8
42-4-110.5. Automated vehicle identification systems - school9
buses - exceptions to liability - penalty - contracting - limits on use of10
photographs and video - rules - legislative declaration - definitions.11
(9) AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM INSTALLED12
AND UTILIZED PURSUANT TO THIS SECTION MAY BE USED TO ASSIST IN AN13
INVESTIGATION TO IDENTIFY A MOTOR VEHICLE USED IN VIOLATION OF14
SECTION 42-4-1105.15
SECTION 5. Effective date - applicability. This act takes effect16
June 15, 2026, and applies to offenses committed on or after said date.17
SECTION 6. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
HB26-1329-15-