Senate Bill 25-281 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning careless driving resulting in serious bodily

• Page 1, Line 102injury.

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.)

Current law states that a person who commits careless driving and thereby causes bodily injury to another commits a class 1 misdemeanor. The bill adds that, in addition to the class 1 misdemeanor, a person who commits careless driving and thereby causes serious bodily injury to another may also be subject to driver's license suspension for up to one year.

The bill increases the penalty for a person who commits careless driving and thereby causes the death of another by:

• Increasing the penalty from a class 1 misdemeanor traffic offense to a class 6 felony; and
• Adding the possibility of driver's license suspension for up to one year.

Additionally, if a person commits careless driving and thereby causes the death of more than one other person, each person killed is a separate offense.

The bill requires that, if a person commits careless driving and thereby causes the death of another, a law enforcement agent shall administer testing to determine the drug or alcohol content within the person's system. A refusal to submit to the test is evidence of a violation.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 42-4-1402, amend (2) as follows:

• Page 2, Line 342-4-1402.  Careless driving - penalty. (2) (a)  Except as

• Page 2, Line 4otherwise provided in paragraphs (b) and (c) of this subsection (2), any

• Page 2, Line 5subsections (2)(b) and (2)(c) of this section, a person who violates

• Page 2, Line 6any provision of this section commits a class 2 misdemeanor traffic offense.

• Page 2, Line 7(b)  If the person's actions are the proximate cause of bodily injury

• Page 2, Line 8to another, such an individual, the person commits a class 1 misdemeanor traffic offense.

• Page 2, Line 9(c) (I)  If the person's actions are the proximate cause of serious

• Page 2, Line 10bodily injury, as defined in section 18-1-901, or death to another,

• Page 2, Line 11such an individual, the person commits a class 1 misdemeanor traffic offense.

• Page 2, Line 12(II)  If the person's actions are the proximate cause of

• Page 2, Line 13serious bodily injury, as defined in section 18-1-901, to or death

• Page 2, Line 14to more than one individual, each individual injured or killed is a separate violation of this section.

• Page 3, Line 1SECTION 2.  In Colorado Revised Statutes, 24-4.1-302, amend (1)(cc.5) as follows:

• Page 3, Line 224-4.1-302.  Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

• Page 3, Line 3(1)  "Crime" means any of the following offenses, acts, and

• Page 3, Line 4violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

• Page 3, Line 5(cc.5)  Careless driving, in violation of section 42-4-1402 (2)(c),

• Page 3, Line 6C.R.S., that results in the serious bodily injury or death of another person;

• Page 3, Line 7SECTION 3.  Applicability. This act applies to offenses committed on or after the effective date of this act.

• Page 3, Line 8SECTION 4.  Safety clause. The general assembly finds,

• Page 3, Line 9determines, and declares that this act is necessary for the immediate

• Page 3, Line 10preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 11the support and maintenance of the departments of the state and state institutions.