Senate Committee of Reference Report
Committee on Judiciary
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April 21, 2025
After consideration on the merits, the Committee recommends the following:
SB25-281 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, line 5, strike "serious bodily injury or".
Page 1, Line 2Page 2, line 12, strike "serious bodily injury or".
Page 1, Line 3Page 2, line 13, strike "(2)(b)(II) or".
Page 1, Line 4Page 3, strike lines 4 and 5 and substitute "injury to another, such the
Page 1, Line 5person:
Page 1, Line 6(A) Commits a class 1 misdemeanor traffic offense; and
Page 1, Line 7(B) Receives four license suspension points in accordance
Page 1, Line 8with section 42-2-127 (5)(e).".
Page 1, Line 9Page 3, strike lines 10 and 11 and substitute:
Page 1, Line 10"(B) Receives eight license suspension points in
Page 1, Line 11accordance with section 42-2-127 (5)(e.4).".
Page 1, Line 12Page 3, lines 13 and 14, strike "person: commits a class 1 misdemeanor
Page 1, Line 13traffic offense." and substitute "person commits a class 1 misdemeanor
Page 1, Line 14traffic offense. receives twelve license suspension points in
Page 1, Line 15accordance with section 42-2-127 (5)(e.5) and is subject to a
Page 1, Line 16suspension of their driver's license for a period of up to one year
Page 1, Line 17in accordance with section 42-2-127 (1)(a) and 42-2-128 (2) and:".
Page 1, Line 18Page 3, strike lines 15 through 17 and substitute:
Page 1, Line 19"(A) Commits a class 1 misdemeanor traffic offense unless
Page 1, Line 20subsection (2)(c)(I)(B) or (2)(c)(I)(C) of this section applies;
Page 2, Line 1(B) Commits a class 6 felony if the person has a prior
Page 2, Line 2conviction of vehicular homicide pursuant to section 18-3-106,
Page 2, Line 3criminal negligent homicide pursuant to section 18-3-105 in
Page 2, Line 4which the commission of the act included driving a motor
Page 2, Line 5vehicle, vehicular assault pursuant to section 18-3-205 (1)(b), or
Page 2, Line 6careless driving resulting in serious bodily injury or death
Page 2, Line 7pursuant to subsection (2)(b)(II) of this section or this subsection
Page 2, Line 8(2)(c); or
Page 2, Line 9(C) Commits a class 6 felony if the person is driving
Page 2, Line 10without a currently valid driver's license, minor driver's
Page 2, Line 11license, or instruction permit in violation of section 42-2-101 or
Page 2, Line 12without a complying insurance policy or self-insurance in
Page 2, Line 13violation of section 42-4-1409 and if the person has a prior
Page 2, Line 14conviction within the last five years of DUI, DUI per se, DWAI,
Page 2, Line 15aggravated driving with a revoked a license pursuant to section
Page 2, Line 1642-2-206 (1)(b)(I), careless driving resulting in bodily injury
Page 2, Line 17pursuant to subsection (2)(b)(I) of this section, or driving while
Page 2, Line 18the person's driver's license was under restraint pursuant to
Page 2, Line 19section 42-2-138 (1)(d).".
Page 2, Line 20Page 3, strike lines 21 through 27.
Page 2, Line 21Page 4, strike lines 1 through 27 and substitute:
Page 2, Line 22"(3) (a) A law enforcement officer investigating whether
Page 2, Line 23a person has violated subsection (2)(c) of this section shall use
Page 2, Line 24diligence in determining whether there is probable cause to
Page 2, Line 25believe the person was driving a motor vehicle in violation of
Page 2, Line 26the prohibitions against DUI, DUI per se, DWAI, or UDD.
Page 2, Line 27(b) If probable cause exists that the person was driving a
Page 2, Line 28motor vehicle in violation of the prohibitions against DUI, DUI
Page 2, Line 29per se, DWAI, or UDD, the officer shall:
Page 2, Line 30(I) In accordance with section 42-4-1301.1, test the person
Page 2, Line 31for drugs or alcohol as soon as practicable; and
Page 2, Line 32(II) Obtain and preserve any relevant evidence related to
Page 2, Line 33whether the driver is impaired by alcohol or drugs when the
Page 2, Line 34officer has probable cause to believe the person was driving a
Page 2, Line 35motor vehicle in violation of the prohibitions against DUI, DUI
Page 2, Line 36per se, DWAI, or UDD.".
Page 2, Line 37Page 5, strike lines 1 through 11.
Page 2, Line 38Renumber succeeding sections accordingly.
Page 3, Line 1Page 5, lines 20 and 21, strike "repeal (5)(e.5)" and substitute "add
Page 3, Line 2(5)(e.4)".
Page 3, Line 3Page 5, strike line 25 and substitute:
Page 3, Line 4"(e.4) Careless driving resulting in serious bodily injury
Page 3, Line 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8".
Page 3, Line 6Page 5, after line 25 insert:
Page 3, Line 7"SECTION 5. In Colorado Revised Statutes, 24-4.1-302, amend
Page 3, Line 8(1)(cc.5) as follows:
Page 3, Line 924-4.1-302. Definitions. As used in this part 3, and for no other
Page 3, Line 10purpose, including the expansion of the rights of any defendant:
Page 3, Line 11(1) "Crime" means any of the following offenses, acts, and
Page 3, Line 12violations as defined by the statutes of the state of Colorado, whether
Page 3, Line 13committed by an adult or a juvenile:
Page 3, Line 14(cc.5) Careless driving, in violation of section 42-4-1402 (2)(b)(II)
Page 3, Line 15or (2)(c), C.R.S., that results in the serious bodily injury or death of
Page 3, Line 16another person;".
Page 3, Line 17Page 5, strike lines 26 and 27.
Page 3, Line 18Page 6, strike lines 1 through 10 and substitute:
Page 3, Line 19"SECTION 6. Act subject to petition - effective date -
Page 3, Line 20applicability. (1) This act takes effect April 1, 2027; except that, if a
Page 3, Line 21referendum petition is filed pursuant to section 1 (3) of article V of the
Page 3, Line 22state constitution against this act or an item, section, or part of this act
Page 3, Line 23within the ninety-day period after final adjournment of the general
Page 3, Line 24assembly, then the act, item, section, or part will not take effect unless
Page 3, Line 25approved by the people at the general election to be held in November
Page 3, Line 262026 and, in such case, will take effect April 1, 2027, or on the date of the
Page 3, Line 27official declaration of the vote thereon by the governor, whichever is
Page 3, Line 28later.
Page 3, Line 29(2) This act applies to offenses committed on or after the
Page 3, Line 30applicable effective date of this act.".