Read the full stored bill text
~
~
~
u
~ -----------
SENATE BILL 26-072
BY SENATOR(S) Carson and Snyder, Frizell, Kirkmeyer, Marchman,
Mullica, Pelton B., Roberts, Simpson, Coleman;
also REPRESENTATIVE(S) Espenoza and Marshall, Boesenecker, Duran,
Gonzalez R., Lieder, Paschal, Richardson, Soper, McCluskie.
CONCERNING INCREASING CRIMINAL PENALTIES RELATED TO ASSAULTIVE
CONDUCT WITH A MOTOR VEHICLE, AND, IN CONNECTION THEREWITH,
ADDING THE CONDUCT OF CAUSING THE DEATH OF ANOTHER PERSON
WITH A MOTOR VEHICLE TO THE CRIME OF CRIMINALLY NEGLIGENT
HOMICIDE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 18-3-105 as
follows:
18-3-105. Criminally negligent homicide.
(1) (a) Any A person who causes the death of another person by
conduct amounting to WITH criminal negligence commits criminally
negligent homicide. which
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.
(b) IF A PERSON OPERA TES OR DRIVES A MOTOR VEHICLE WITH
CRIMINAL NEGLIGENCE AND THE CONDUCT IS THE PROXIMATE CAUSE OF THE
DEATH OF ANOTHER PERSON, THE PERSON COMMITS CRIMINALLY NEGLIGENT
HOMICIDE.
(2) CRIMINALLY NEGLIGENT HOMICIDE is a class 5 felony.
SECTION 2. In Colorado Revised Statutes, 42-4-239, repeal ( 4 )( d)
as follows:
42-4-239. Use of a mobile electronic device - definitions -
penalty.
(4) (d) If the individual's actions are the proximate cause of death to
another, the individual commits a class 1 misdemeanor traffic offense and
shall be punished as provided in section 42-4-1701 (3)(a)(II).
SECTION 3. In Colorado Revised Statutes, 42-2-125, amend (1)
introductory portion and (l)(a) as follows:
42-2-125. Mandatory revocation of license and permit.
( 1) The department shall immediately revoke the license or permit
of any A driver or minor driver upon receiving a record showing that the
driver has:
(a) Been convicted of vehicular homicide or vehicular assault as
described in sections 18-3-106 and 18-3-205 C.R.S., or of criminally
negligent homicide WHILE OPERA TING OR DRIVING A MOTOR VEHICLE, as
described in section 18-3-105, C.R.S., ~hile driving a motor vehicle
SECTION 18-3-105 (1 )(b );
SECTION 4. In Colorado Revised Statutes, amend 42-2-128 as
follows:
42-2-128. Vehicular homicide - criminally negligent homicide
while operating a motor vehicle -revocation of license.
The department shall revoke the driver's license of any A person
convicted of vehicular homicide PURSUANT TO SECTION 18-3-106 OR
PAGE 2-SENATE BILL 26-072
CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-105 ( 1 )(b ),
including the driver's license of any A juvenile who has been adjudicated a
delinquent upon conduct which THAT would establish the crime of vehicular
homicide PURSUANT TO SECTION 18-3-106 OR CRIMINALLY NEGLIGENT
HOMICIDE PURSUANT TO SECTION 18-3-105 (l)(b) if committed by an adult.
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 fol1owing 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 WHILE
OPERA TING OR DRIVING a motor vehicle PURSUANT TO SECTION 18-3-105
( 1 )(b ), or motor vehicle theft, as such THE offenses are described in title 18;
SECTION 6. In Colorado Revised Statutes, 42-4-1301, amend
(6)(e) as follows:
42-4-1301. Driving under the influence -driving while impaired
-driving with excessive alcoholic content -definitions - penalties.
(6) (e) Involuntary blood test -admissibility. Evidence acquired
through an involuntary blood test pursuant to section 42-4-1301.1 (3) shalt
be IS admissible in any A prosecution for DUI, DUI per se, DWAI, or UDD,
and in any A prosecution for criminally negligent homicide WHILE
OPERATING OR DRIVING A MOTOR VEHICLE pursuant to section 18-3-105,
C.R.S. SECTION 18-3-105 (l)(b), vehicular homicide pursuant to section
18-3-106 (l)(b), C.R.S., assault in the third degree pursuant to section
18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205 ( 1 )(b ).
C.R.S.
SECTION 7. In Colorado Revised Statutes, 42-4-1301.1, amend
(3) as follows:
42-4-1301.1. Expressed consent for the taking of blood, breath,
PAGE 3-SENATE BILL 26-072
urine, or saliva sample -testing -rules -definition.
(3) Any A person who is required to take and to complete, and to
cooperate in the completing of, any A test or tests shall cooperate with the
person authorized to obtain specimens of 8tteh THE person's blood, breath,
saliva, or urine, including the signing of any release or consent forms
required by any A person, hospital, clinic, or association authorized to
obtain 8tteh THE specimens. If 8tteh A person does not cooperate with the
person, hospital, clinic, or association authorized to obtain 8tteh THE
specimens, including the signing of any release or consent forms, 8tteh THE
PERSON'S noncooperation shall be IS considered a refusal to submit to
testing. No A law enforcement officer shall NOT physically restrain any A
person for the purpose of obtaining a specimen of 8tteh THE person's blood,
breath, saliva, or urine for testing except when the officer has probable
cause to believe that the person has committed criminally negligent
homicide WHILE OPERA TING OR DRIVING A MOTOR VEHICLE pursuant to
section 18-3-105, C.R.S. SECTION 18-3-105 (l)(b), vehicular homicide
pursuant to section 18-3-106 (l)(b), C.R.S., assault in the third degree
pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to
section 18-3-205 (l)(b), C.R.S., and the person is refusing to take or to
complete, or to cooperate in the completing of, any test or tests, then in sueh
event, the law enforcement officer may require a blood test.
SECTION 8. Act subject to petition - effective date -
applicability. (1) This act takes effect September 1, 2026; except that, if
a referendum petition is filed pursuant to section 1 (3) of article V of the
state constitution against this act or an item, section, or part of this act
within the ninety-day period after final adjournment of the general
assembly, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
PAGE 4-SENATE BILL 26-072
(2) This act applies to offenses committed on or after the applicable
effective date of this act.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Est van Mourik
SECRETARY OF
THE SENATE
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
~Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED ~ ThlK&:°''?1 ~ 28+ ...... zcau. ,v+ 1: ~o~
(Date and ime)
Jared S. Polis
GOVERNOR
PAGE 5-SENATE BILL 26-072
J\