Senate Bill 25-281

BY SENATOR(S) Carson and Snyder, Amabile, Baisley, Ball, Bridges, Bright, Catlin, Cutter, Exum, Frizell, Gonzales J., Jodeh, Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Michaelson Jenet, Mullica, Pelton B., Pelton R., Simpson, Wallace, Weissman, Coleman;

also REPRESENTATIVE(S) Espenoza and Armagost, Barron, Bird, Boesenecker, Caldwell, Clifford, Duran, Froelich, Keltie, Lindstedt, Martinez, Phillips, Valdez, Weinberg, Woog, McCluskie.

Concerning careless driving resulting in serious bodily injury.

Be it enacted by the General Assembly of the State of Colorado:

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

42-4-1402.  Careless driving - penalty. (2) (a)  Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), anysubsections (2)(b) and (2)(c) of this section, a person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

(b)  If the person's actions are the proximate cause of bodily injury to another, suchan individual, the person commits a class 1 misdemeanor traffic offense.

(c) (I)  If the person's actions are the proximate cause of serious bodily injury, as defined in section 18-1-901, or death to another, suchan individual, the person commits a class 1 misdemeanor traffic offense.

(II)  If the person's actions are the proximate cause of serious bodily injury, as defined in section 18-1-901, to or death to more than one individual, each individual injured or killed is a separate violation of this section.

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

24-4.1-302.  Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

(1)  "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

(cc.5)  Careless driving, in violation of section 42-4-1402 (2)(c), C.R.S., that results in the serious bodily injury or death of another person;

SECTION 3.  Applicability. This act applies to offenses committed on or after the effective date of this act.

SECTION 4.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.