Senate Bill 25-281 Introduced

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, amend 42-2-128 as follows:

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

• Page 2, Line 4serious bodily injury or death - revocation or suspension of license.

• Page 2, Line 5(1)  The department shall revoke the driver's license of any person

• Page 2, Line 6convicted of vehicular homicide, including the driver's license of any

• Page 2, Line 7juvenile who has been adjudicated a delinquent 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 serious bodily injury or death of an individual in violation of section 42-4-1402 (2)(b)(II) or (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

• Page 3, Line 3injury to another, such the person commits a class 1 misdemeanor traffic offense.

• Page 3, Line 4(II)  If the person's actions are the proximate cause of

• Page 3, Line 5serious bodily injury to another, as defined in section 18-1-901(3)(p), the person:

• Page 3, Line 6(A)  Commits a class 1 misdemeanor traffic offense; and

• Page 3, Line 7(B)  Is subject to a suspension of their driver's license for a period of up to one year in accordance with section 42-2-128 (2).

• Page 3, Line 8(c) (I)  If the person's actions are the proximate cause of death to

• Page 3, Line 9another, such an individual, the person: commits a class 1 misdemeanor traffic offense.

• Page 3, Line 10(A)  Commits a class 6 felony; and

• Page 3, Line 11(B)  Is subject to a suspension of their driver's license for a period of up to one year in accordance with section 42-2-128 (2).

• Page 3, Line 12(II)  If the person's actions are the proximate cause of

• Page 3, Line 13death to more than one individual, each person killed is a separate violation of this section.

• Page 3, Line 14(3) (a)  If a law enforcement officer has probable cause to

• Page 3, Line 15believe that a person has violated this section and that the

• Page 3, Line 16person's actions are the proximate cause of death to another, a

• Page 3, Line 17law enforcement officer shall administer a test of the person's

• Page 3, Line 18blood, breath, saliva, or urine for the purpose of determining

• Page 3, Line 19the alcoholic or drug content within the person's system. The

• Page 3, Line 20type of test and the number of tests may be determined by the law enforcement officer requiring the testing.

• Page 4, Line 1(b)  A test conducted pursuant to subsection (3)(a) of this

• Page 4, Line 2section must be conducted as soon as possible following the

• Page 4, Line 3violation of this section. If the law enforcement officer is not

• Page 4, Line 4able to administer the test within a reasonable amount of time

• Page 4, Line 5after the event that causes the death of an individual, the law

• Page 4, Line 6enforcement officer need not perform any testing in accordance with this section.

• Page 4, Line 7(c)  If a person refuses to take, complete, or cooperate in

• Page 4, Line 8the completing of a test pursuant to subsection (3)(a) of this

• Page 4, Line 9section, the refusal is admissible into evidence at the trial, and

• Page 4, Line 10a person may not claim the privilege against self-incrimination

• Page 4, Line 11with regard to admission of refusal to take or to complete or to cooperate with the completing of the required test.

• Page 4, Line 12SECTION 3.  In Colorado Revised Statutes, amend 42-4-807 as follows:

• Page 4, Line 1342-4-807.  Drivers to exercise due care. (1) (a)  Notwithstanding any of the provisions of this article, every A driver of a vehicle shall:

• Page 4, Line 14(I)  Exercise due care to avoid colliding with any pedestrian a

• Page 4, Line 15vulnerable road user, as defined in section 42-4-1402.5 (1), upon any a roadway; and

• Page 4, Line 16(II)  shall Give warning by sounding the horn when necessary and

• Page 4, Line 17shall exercise proper precaution upon observing any child or any

• Page 4, Line 18obviously confused or incapacitated person a vulnerable road user,

• Page 4, Line 19as defined in section 42-4-1402.5 (1), upon a roadway. Any person who violates any provision of this section commits a class A traffic infraction.

• Page 4, Line 20(b)  A person that violates subsection (1)(a) of this section commits a class A traffic infraction.

• Page 5, Line 1(2)  If a person violates subsection (1)(a) of this section and

• Page 5, Line 2the person's actions are the proximate cause of bodily injury to another, the person violates section 42-4-1402 (2)(b)(I).

• Page 5, Line 3(3)  If a person violates subsection (1)(a) of this section and

• Page 5, Line 4the person's actions are the proximate cause of serious bodily

• Page 5, Line 5injury to another, as defined in section 18-1-901 (3)(p), the person violates section 42-4-1402 (2)(b)(II).

• Page 5, Line 6(4)  If a person violates subsection (1)(a) of this section and

• Page 5, Line 7the person's actions are the proximate cause of death to another, the person violates section 42-4-1402 (2)(c).

• Page 5, Line 8SECTION 4.  In Colorado Revised Statutes, 42-4-1301.1, amend (1) as follows:

• Page 5, Line 942-4-1301.1.  Expressed consent for the taking of blood, breath,

• Page 5, Line 10urine, or saliva sample - testing - fund - rules - repeal. (1)  Any A

• Page 5, Line 11person who drives any a motor vehicle upon the streets and highways and

• Page 5, Line 12elsewhere throughout this state shall be is deemed to have expressed such

• Page 5, Line 13person's their consent to the provisions of this section and section 42-4-1402 (3).

• Page 5, Line 14SECTION 5.  In Colorado Revised Statutes, 42-2-127, repeal (5)(e.5) as follows:

• Page 5, Line 1542-2-127.  Authority to suspend license - to deny license - type of conviction - points. (5)  Point system schedule:

• Page 5, Line 16Type of conviction Points

• (e.5)  Careless driving resulting in death. . . . . . . . . . . . . . . . . .12

• Page 5, Line 17SECTION 6.  Act subject to petition - effective date -

• Page 5, Line 18applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 6, Line 1the expiration of the ninety-day period after final adjournment of the

• Page 6, Line 2general assembly; except that, if a referendum petition is filed pursuant

• Page 6, Line 3to section 1 (3) of article V of the state constitution against this act or an

• Page 6, Line 4item, section, or part of this act within such period, then the act, item,

• Page 6, Line 5section, or part will not take effect unless approved by the people at the

• Page 6, Line 6general election to be held in November 2026 and, in such case, will take

• Page 6, Line 7effect on the date of the official declaration of the vote thereon by the governor.

• Page 6, Line 8(2)  This act applies to offenses committed on or after the applicable effective date of this act.