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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0317.03 Owen Hatch x2698 SENATE BILL 26-072
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING INCREASING CRIMI NAL PENALTIES RELATED TO101
ASSAULTIVE CONDUCT WITH A MOTOR VEHICLE , AND , IN102
CONNECTION THEREWITH, ADDING THE CONDUCT OF CAUSING103
THE DEATH OF ANOTHER PERSON WITH A MOTOR VEHICLE TO104
THE CRIME OF CRIMINALLY NEGLIGENT HOMICIDE.105
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.)
The bill clarifies the conduct by which a person can commit
criminally negligent homicide to include proximately causing the death
SENATE
3rd Reading Unamended
April 10, 2026
SENATE
Amended 2nd Reading
April 9, 2026
SENATE SPONSORSHIP
Carson and Snyder, Coleman, Frizell, Kirkmeyer, Marchman, Mullica, Pelton B., Roberts,
Simpson
HOUSE SPONSORSHIP
Espenoza,
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.
of another person while operating or driving a motor vehicle with
criminal negligence. The bill increases the penalty for causing the death
of another person while simultaneously driving a motor vehicle and using
an electronic mobile device. Offenses categorized as vehicular homicide
or vehicular assault are added to the list of crimes of violence.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 18-3-105 as2
follows:3
18-3-105. Criminally negligent homicide.4
(1) (a) Any A person who causes the death of another person by5
conduct amounting to WITH criminal negligence commits criminally6
negligent homicide. which7
(b) I F A PERSON OPERATES OR DRIVES A MOTOR VEHICLE WITH8
CRIMINAL NEGLIGENCE AND THE CONDUCT IS THE PROXIMATE CAUSE OF9
THE DEATH OF ANOTHER PERSON , THE PERSON COMMITS CRIMINALLY10
NEGLIGENT HOMICIDE.11
(2) CRIMINALLY NEGLIGENT HOMICIDE is a class 5 felony.12
13
SECTION 2. In Colorado Revised Statutes, 42-4-239, repeal14
(4)(d) as follows:15
42-4-239. Use of a mobile electronic device - definitions -16
penalty.17
(4) (d) If the individual's actions are the proximate cause of death18
to another, the individual commits a class 1 misdemeanor traffic offense19
and shall be punished as provided in section 42-4-1701 (3)(a)(II).20
SECTION 3. In Colorado Revised Statutes, 42-2-125, amend (1)21
introductory portion and (1)(a) as follows:22
42-2-125. Mandatory revocation of license and permit.23
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(1) The department shall immediately revoke the license or permit1
of any A driver or minor driver upon receiving a record showing that the2
driver has:3
(a) Been convicted of vehicular homicide or vehicular assault as4
described in sections 18-3-106 and 18-3-205 C.R.S., or of criminally5
negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE, as6
described in section 18-3-105, C.R.S., while driving a motor vehicle7
SECTION 18-3-105 (1)(b);8
SECTION 4. In Colorado Revised Statutes, amend 42-2-128 as9
follows:10
42-2-128. Vehicular homicide - criminally negligent homicide11
while operating a motor vehicle - revocation of license.12
The department shall revoke the driver's license of any A person13
convicted of vehicular homicide PURSUANT TO SECTION 18-3-106 OR14
CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-10515
(1)(b), including the driver's license of any A juvenile who has been16
adjudicated a delinquent upon conduct which THAT would establish the17
crime of vehicular homicide PURSUANT TO SECTION 18-3-106 OR18
CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-105 (1)(b)19
if committed by an adult.20
SECTION 5. In Colorado Revised Statutes, 42-2-202, amend21
(2)(a)(V) as follows:22
42-2-202. Habitual offenders - frequency and type of23
violations.24
(2) (a) An habitual offender is a person having three or more25
convictions of any of the following separate and distinct offenses arising26
out of separate acts committed within a period of seven years:27
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(V) Vehicular assault or vehicular homicide, or manslaughter or1
criminally negligent homicide which results from the operation of WHILE2
OPERATING OR DRIVING a motor vehicle PURSUANT TO SECTION 18-3-1053
(1)(b), or motor vehicle theft, as such THE offenses are described in title4
18;5
SECTION 6. In Colorado Revised Statutes, 42-4-1301, amend6
(6)(e) as follows:7
42-4-1301. Driving under the influence - driving while8
impaired - driving with excessive alcoholic content - definitions -9
penalties.10
(6) (e) Involuntary blood test - admissibility. Evidence acquired11
through an involuntary blood test pursuant to section 42-4-1301.1 (3)12
shall be IS admissible in any A prosecution for DUI, DUI per se, DWAI,13
or UDD, and in any A prosecution for criminally negligent homicide14
WHILE OPERATING OR DRIVING A MOTOR VEHICLE pursuant to section15
18-3-105, C.R.S. SECTION 18-3-105 (1)(b), vehicular homicide pursuant16
to section 18-3-106 (1)(b), C.R.S., assault in the third degree pursuant to17
section 18-3-204, C.R.S., or vehicular assault pursuant to section18
18-3-205 (1)(b). C.R.S.19
SECTION 7. In Colorado Revised Statutes, 42-4-1301.1, amend20
(3) as follows:21
42-4-1301.1. Expressed consent for the taking of blood, breath,22
urine, or saliva sample - testing - rules - definition.23
(3) Any A person who is required to take and to complete, and to24
cooperate in the completing of, any A test or tests shall cooperate with the25
person authorized to obtain specimens of such THE person's blood, breath,26
saliva, or urine, including the signing of any release or consent forms27
072-4-
required by any A person, hospital, clinic, or association authorized to1
obtain such THE specimens. If such A person does not cooperate with the2
person, hospital, clinic, or association authorized to obtain such THE3
specimens, including the signing of any release or consent forms, such4
THE PERSON'S noncooperation shall be IS considered a refusal to submit5
to testing. No A law enforcement officer shall NOT physically restrain any6
A person for the purpose of obtaining a specimen of such THE person's7
blood, breath, saliva, or urine for testing except when the officer has8
probable cause to believe that the person has committed criminally9
negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE10
pursuant to section 18-3-105, C.R.S. SECTION 18-3-105 (1)(b), vehicular11
homicide pursuant to section 18-3-106 (1)(b), C.R.S., assault in the third12
degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant13
to section 18-3-205 (1)(b), C.R.S., and the person is refusing to take or to14
complete, or to cooperate in the completing of, any test or tests, then in15
such event, the law enforcement officer may require a blood test.16
SECTION 8. Act subject to petition - effective date -17
applicability. (1) This act takes effect September 1, 2026; except that,18
if a referendum petition is filed pursuant to section 1 (3) of article V of19
the state constitution against this act or an item, section, or part of this act20
within the ninety-day period after final adjournment of the general21
assembly, then the act, item, section, or part will not take effect unless22
approved by the people at the general election to be held in November23
2026 and, in such case, will take effect on the date of the o fficial24
declaration of the vote thereon by the governor.25
(2) This act applies to offenses committed on or after the26
applicable effective date of this act.27
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