Senate Bill 25-281 Preamended

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 42-2-128 as follows:

• Page 2, Line 342-2-128.  Vehicular homicide - careless driving resulting in

• Page 2, Line 4death - revocation or suspension of license. (1)  The department shall

• Page 2, Line 5revoke the driver's license of any person convicted of vehicular homicide,

• Page 2, Line 6including the driver's license of any juvenile who has been adjudicated a

• Page 2, Line 7delinquent upon conduct which would establish the crime of vehicular homicide if committed by an adult.

• Page 2, Line 8(2)  The department may suspend for up to one year the

• Page 2, Line 9driver's license of a person convicted of careless driving

• Page 2, Line 10resulting in the death of an individual in violation of section 42-4-1402 (2)(c).

• Page 2, Line 11SECTION 2.  In Colorado Revised Statutes, 42-4-1402, amend (2); and add (3) as follows:

• Page 2, Line 1242-4-1402.  Careless driving - penalty. (2) (a)  Except as

• Page 2, Line 13otherwise provided in paragraphs (b) and (c) of this subsection (2), any

• Page 2, Line 14subsection (2)(b) and (2)(c) of this section, a person who violates

• Page 3, Line 1any provision of this section commits a class 2 misdemeanor traffic offense.

• Page 3, Line 2(b) (I)  If the person's actions are the proximate cause of bodily injury to another, such the person:

• Page 3, Line 3(A)  Commits a class 1 misdemeanor traffic offense; and

• Page 3, Line 4(B)  Receives four license suspension points in accordance with section 42-2-127 (5)(e).

• Page 3, Line 5(II)  If the person's actions are the proximate cause of

• Page 3, Line 6serious bodily injury to another, as defined in section 18-1-901(3)(p), the person:

• Page 3, Line 7(A)  Commits a class 1 misdemeanor traffic offense; and

• Page 3, Line 8(B)  Receives eight license suspension points in accordance with section 42-2-127 (5)(e.4).

• Page 3, Line 9(c) (I)  If the person's actions are the proximate cause of death to

• Page 3, Line 10another, such an individual, theperson commits a class 1 misdemeanor

• Page 3, Line 11traffic offense. receives twelve license suspension points in

• Page 3, Line 12accordance with section 42-2-127 (5)(e.5) and is subject to a

• Page 3, Line 13suspension of their driver's license for a period of up to one year in accordance with section 42-2-127 (1)(a) and 42-2-128 (2) and:

• Page 3, Line 14(A)  Commits a class 1 misdemeanor traffic offense unless subsection (2)(c)(I)(B) or (2)(c)(I)(C) of this section applies;

• Page 3, Line 15(B)  Commits a class 6 felony if the person has a prior

• Page 3, Line 16conviction of vehicular homicide pursuant to section 18-3-106,

• Page 3, Line 17criminal negligent homicide pursuant to section 18-3-105 in

• Page 3, Line 18which the commission of the act included driving a motor

• Page 3, Line 19vehicle, vehicular assault pursuant to section 18-3-205 (1)(b), or

• Page 3, Line 20careless driving resulting in serious bodily injury or death

• Page 4, Line 1pursuant to subsection (2)(b)(II) of this section or this subsection (2)(c); or

• Page 4, Line 2(C)  Commits a class 6 felony if the person is driving

• Page 4, Line 3without a currently valid driver's license, minor driver's

• Page 4, Line 4license, or instruction permit in violation of section 42-2-101 or

• Page 4, Line 5without a complying insurance policy or self-insurance in

• Page 4, Line 6violation of section 42-4-1409 and if the person has a prior

• Page 4, Line 7conviction within the last five years of DUI, DUI per se, DWAI,

• Page 4, Line 8aggravated driving with a revoked a license pursuant to section

• Page 4, Line 942-2-206 (1)(b)(I), careless driving resulting in bodily injury

• Page 4, Line 10pursuant to subsection (2)(b)(I) of this section, or driving while

• Page 4, Line 11the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d).

• Page 4, Line 12(II)  If the person's actions are the proximate cause of

• Page 4, Line 13death to more than one individual, each person killed is a separate violation of this section.

• Page 4, Line 14 (3) (a)  A law enforcement officer investigating

• Page 4, Line 15whether a person has violated subsection (2)(c) of this section

• Page 4, Line 16shall use diligence in determining whether there is probable

• Page 4, Line 17cause to believe the person was driving a motor vehicle in

• Page 4, Line 18violation of the prohibitions against DUI, DUI per se, DWAI, or UDD.

• Page 4, Line 19(b)  If probable cause exists that the person was driving a

• Page 4, Line 20motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, or UDD, the officer shall:

• Page 4, Line 21(I)  In accordance with section 42-4-1301.1, test the person

• Page 4, Line 22for drugs or alcohol as soon as practicable; and

• Page 5, Line 1(II)  Obtain and preserve any relevant evidence related to

• Page 5, Line 2whether the driver is impaired by alcohol or drugs when the

• Page 5, Line 3officer has probable cause to believe the person was driving a

• Page 5, Line 4motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, or UDD.

• Page 5, Line 5SECTION 3.  In Colorado Revised Statutes, 42-4-1301.1, amend (1) as follows:

• Page 5, Line 642-4-1301.1.  Expressed consent for the taking of blood, breath,

• Page 5, Line 7urine, or saliva sample - testing - fund - rules - repeal. (1)  Any A

• Page 5, Line 8person who drives any a motor vehicle upon the streets and highways and

• Page 5, Line 9elsewhere throughout this state shall be is deemed to have expressed such

• Page 5, Line 10person's their consent to the provisions of this section and section 42-4-1402 (3).

• Page 5, Line 11SECTION 4.  In Colorado Revised Statutes, 42-2-127, add(5)(e.4) as follows:

• Page 5, Line 1242-2-127.  Authority to suspend license - to deny license - type of conviction - points. (5)  Point system schedule:

• Page 5, Line 13Type of convictionPoints

• Page 5, Line 14(e.4)  Careless driving resulting in serious bodily injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

• Page 5, Line 15SECTION 5.  In Colorado Revised Statutes, 24-4.1-302, amend (1)(cc.5) as follows:

• Page 5, Line 1624-4.1-302.  Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

• Page 5, Line 17(1)  "Crime" means any of the following offenses, acts, and

• Page 5, Line 18violations as defined by the statutes of the state of Colorado, whether

• Page 5, Line 19committed by an adult or a juvenile:

• Page 6, Line 1(cc.5)  Careless driving, in violation of section 42-4-1402 (2)(b)(II)

• Page 6, Line 2or (2)(c), C.R.S., that results in the serious bodily injury or death of another person;

• Page 6, Line 3 SECTION 6.  Act subject to petition - effective date -

• Page 6, Line 4applicability. (1)  This act takes effect April 1, 2027; except that, if a

• Page 6, Line 5referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 6, Line 6state constitution against this act or an item, section, or part of this act

• Page 6, Line 7within the ninety-day period after final adjournment of the general

• Page 6, Line 8assembly, then the act, item, section, or part will not take effect unless

• Page 6, Line 9approved by the people at the general election to be held in November

• Page 6, Line 102026 and, in such case, will take effect April 1, 2027, or on the date of the

• Page 6, Line 11official declaration of the vote thereon by the governor, whichever is later.

• Page 6, Line 12(2)  This act applies to offenses committed on or after the applicable effective date of this act.