House Committee of Reference Report
Committee on Judiciary
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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April 14, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1281 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 5, after line 20 insert:
Page 1, Line 2"SECTION 5. In Colorado Revised Statutes, amend 18-3-105 as
Page 1, Line 3follows:
Page 1, Line 418-3-105. Criminally negligent homicide.
Page 1, Line 5(1) (a) Any A person who causes the death of another person by
Page 1, Line 6conduct amounting to with criminal negligence commits criminally
Page 1, Line 7negligent homicide. which
Page 1, Line 8(b) If a person operates or drives a motor vehicle with
Page 1, Line 9criminal negligence and the conduct is the proximate cause of
Page 1, Line 10the death of another person, the person commits criminally
Page 1, Line 11negligent homicide.
Page 1, Line 12(2) Criminally negligent homicide is a class 5 felony.
Page 1, Line 13SECTION 6. In Colorado Revised Statutes, 42-4-239, repeal
Page 1, Line 14(4)(d) as follows:
Page 1, Line 1542-4-239. Use of a mobile electronic device - definitions -
Page 1, Line 16penalty.
Page 1, Line 17(4) (d) If the individual's actions are the proximate cause of death
Page 1, Line 18to another, the individual commits a class 1 misdemeanor traffic offense
Page 1, Line 19and shall be punished as provided in section 42-4-1701 (3)(a)(II).
Page 1, Line 20SECTION 7. In Colorado Revised Statutes, 42-2-125, amend (1)
Page 1, Line 21introductory portion and (1)(a) as follows:
Page 1, Line 2242-2-125. Mandatory revocation of license and permit.
Page 1, Line 23(1) The department shall immediately revoke the license or permit
Page 1, Line 24of any a driver or minor driver upon receiving a record showing that the
Page 1, Line 25driver has:
Page 1, Line 26(a) Been convicted of vehicular homicide or vehicular assault as
Page 1, Line 27described in sections 18-3-106 and 18-3-205 C.R.S., or of criminally
Page 2, Line 1negligent homicide while operating or driving a motor vehicle, as
Page 2, Line 2described in section 18-3-105, C.R.S., while driving a motor vehicle
Page 2, Line 3section 18-3-105 (1)(b);
Page 2, Line 4SECTION 8. In Colorado Revised Statutes, amend 42-2-128 as
Page 2, Line 5follows:
Page 2, Line 642-2-128. Vehicular homicide - criminally negligent homicide
Page 2, Line 7while operating a motor vehicle - revocation of license.
Page 2, Line 8The department shall revoke the driver's license of any a person
Page 2, Line 9convicted of vehicular homicide pursuant to section 18-3-106 or
Page 2, Line 10criminally negligent homicide pursuant to section 18-3-105
Page 2, Line 11(1)(b), including the driver's license of any a juvenile who has been
Page 2, Line 12adjudicated a delinquent upon conduct which that would establish the
Page 2, Line 13crime of vehicular homicide pursuant to section 18-3-106 or
Page 2, Line 14criminally negligent homicide pursuant to section 18-3-105 (1)(b)
Page 2, Line 15if committed by an adult.
Page 2, Line 16SECTION 9. In Colorado Revised Statutes, 42-2-202, amend
Page 2, Line 17(2)(a)(V) as follows:
Page 2, Line 1842-2-202. Habitual offenders - frequency and type of
Page 2, Line 19violations.
Page 2, Line 20(2) (a) An habitual offender is a person having three or more
Page 2, Line 21convictions of any of the following separate and distinct offenses arising
Page 2, Line 22out of separate acts committed within a period of seven years:
Page 2, Line 23(V) Vehicular assault or vehicular homicide, or manslaughter or
Page 2, Line 24criminally negligent homicide which results from the operation of while
Page 2, Line 25operating or driving a motor vehicle pursuant to section 18-3-105
Page 2, Line 26(1)(b), or motor vehicle theft, as such the offenses are described in title
Page 2, Line 2718;
Page 2, Line 28SECTION 10. In Colorado Revised Statutes, 42-4-1301, amend
Page 2, Line 29(6)(e) as follows:
Page 2, Line 3042-4-1301. Driving under the influence - driving while
Page 2, Line 31impaired - driving with excessive alcoholic content - definitions -
Page 2, Line 32penalties.
Page 2, Line 33(6) (e) Involuntary blood test - admissibility. Evidence acquired
Page 2, Line 34through an involuntary blood test pursuant to section 42-4-1301.1 (3)
Page 2, Line 35shall be is admissible in any a prosecution for DUI, DUI per se, DWAI,
Page 2, Line 36or UDD, and in any a prosecution for criminally negligent homicide
Page 2, Line 37while operating or driving a motor vehicle pursuant to section
Page 2, Line 3818-3-105, C.R.S. section 18-3-105 (1)(b), vehicular homicide pursuant
Page 2, Line 39to section 18-3-106 (1)(b), C.R.S., assault in the third degree pursuant to
Page 2, Line 40section 18-3-204, C.R.S., or vehicular assault pursuant to section
Page 2, Line 4118-3-205 (1)(b). C.R.S.
Page 2, Line 42SECTION 11. In Colorado Revised Statutes, 42-4-1301.1,
Page 2, Line 43amend (3) as follows:
Page 3, Line 142-4-1301.1. Expressed consent for the taking of blood, breath,
Page 3, Line 2urine, or saliva sample - testing - rules - definition.
Page 3, Line 3(3) Any A person who is required to take and to complete, and to
Page 3, Line 4cooperate in the completing of, any a test or tests shall cooperate with the
Page 3, Line 5person authorized to obtain specimens of such the person's blood, breath,
Page 3, Line 6saliva, or urine, including the signing of any release or consent forms
Page 3, Line 7required by any a person, hospital, clinic, or association authorized to
Page 3, Line 8obtain such the specimens. If such a person does not cooperate with the
Page 3, Line 9person, hospital, clinic, or association authorized to obtain such the
Page 3, Line 10specimens, including the signing of any release or consent forms, such
Page 3, Line 11the person's noncooperation shall be is considered a refusal to submit
Page 3, Line 12to testing. No A law enforcement officer shall not physically restrain any
Page 3, Line 13a person for the purpose of obtaining a specimen of such the person's
Page 3, Line 14blood, breath, saliva, or urine for testing except when the officer has
Page 3, Line 15probable cause to believe that the person has committed criminally
Page 3, Line 16negligent homicide while operating or driving a motor vehicle
Page 3, Line 17pursuant to section 18-3-105, C.R.S. section 18-3-105 (1)(b), vehicular
Page 3, Line 18homicide pursuant to section 18-3-106 (1)(b), C.R.S., assault in the third
Page 3, Line 19degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant
Page 3, Line 20to section 18-3-205 (1)(b), C.R.S., and the person is refusing to take or to
Page 3, Line 21complete, or to cooperate in the completing of, any test or tests, then in
Page 3, Line 22such event, the law enforcement officer may require a blood test.".
Page 3, Line 23Renumber succeeding sections accordingly.
Page 3, Line 24Page 5, line 22, strike "and (1.7)".
Page 3, Line 25Page 5, strike lines 23 and 24 and substitute:
Page 3, Line 26"18-3-106. Vehicular homicide - definitions.".
Page 3, Line 27Page 6, strike lines 21 through 25.