Amendments for SB25-281
Senate Journal, April 22
After consideration on the merits, the Committee recommends that SB25-281 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, line 5, strike "serious bodily injury or".
Page 2, line 12, strike "SERIOUS BODILY INJURY OR".
Page 2, line 13, strike "(2)(b)(II) OR".
Page 3, strike lines 4 and 5 and substitute "injury to another, such THE person:
(A) Commits a class 1 misdemeanor traffic offense; AND
(B) RECEIVES FOUR LICENSE SUSPENSION POINTS IN ACCORDANCE WITH
SECTION 42-2-127 (5)(e).".
Page 3, strike lines 10 and 11 and substitute:
"(B) RECEIVES EIGHT LICENSE SUSPENSION POINTS IN ACCORDANCE
WITH SECTION 42-2-127 (5)(e.4).".
Page 3, lines 13 and 14, strike "person: commits a class 1 misdemeanor traffic
offense." and substitute "person commits a class 1 misdemeanor traffic offense.
RECEIVES TWELVE LICENSE SUSPENSION POINTS IN ACCORDANCE WITH SECTION
42-2-127 (5)(e.5) AND IS SUBJECT TO A SUSPENSION 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, strike lines 15 through 17 and substitute:
"(A) COMMITS A CLASS 1 MISDEMEANOR TRAFFIC OFFENSE UNLESS
SUBSECTION (2)(c)(I)(B) OR (2)(c)(I)(C) OF THIS SECTION APPLIES;
(B) COMMITS A CLASS 6 FELONY IF THE PERSON HAS A PRIOR
CONVICTION OF VEHICULAR HOMICIDE PURSUANT TO SECTION 18-3-106,
CRIMINAL NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-105 IN WHICH THE
COMMISSION OF THE ACT INCLUDED DRIVING A MOTOR VEHICLE, VEHICULAR
ASSAULT PURSUANT TO SECTION 18-3-205 (1)(b), OR CARELESS DRIVING
RESULTING IN SERIOUS BODILY INJURY OR DEATH PURSUANT TO SUBSECTION
(2)(b)(II) OF THIS SECTION OR THIS SUBSECTION (2)(c); OR
(C) COMMITS A CLASS 6 FELONY IF THE PERSON IS DRIVING WITHOUT A
CURRENTLY VALID DRIVER'S LICENSE, MINOR DRIVER'S LICENSE, OR
INSTRUCTION PERMIT IN VIOLATION OF SECTION 42-2-101 OR WITHOUT A
COMPLYING INSURANCE POLICY OR SELF-INSURANCE IN VIOLATION OF SECTION
42-4-1409 AND IF THE PERSON HAS A PRIOR CONVICTION WITHIN THE LAST FIVE
YEARS OF DUI, DUI PER SE, DWAI, AGGRAVATED DRIVING WITH A REVOKED A
LICENSE PURSUANT TO SECTION 42-2-206 (1)(b)(I), CARELESS DRIVING
RESULTING IN BODILY INJURY PURSUANT TO SUBSECTION (2)(b)(I) OF THIS
SECTION, OR DRIVING WHILE THE PERSON'S DRIVER'S LICENSE WAS UNDER
RESTRAINT PURSUANT TO SECTION 42-2-138 (1)(d).".
Page 3, strike lines 21 through 27.
Page 4, strike lines 1 through 27 and substitute:
"(3) (a) A LAW ENFORCEMENT OFFICER INVESTIGATING WHETHER A
PERSON HAS VIOLATED SUBSECTION (2)(c) OF THIS SECTION SHALL USE
DILIGENCE IN DETERMINING WHETHER THERE IS PROBABLE CAUSE TO BELIEVE
THE PERSON WAS DRIVING A MOTOR VEHICLE IN VIOLATION OF THE
PROHIBITIONS AGAINST DUI, DUI PER SE, DWAI, OR UDD.
(b) IF PROBABLE CAUSE EXISTS THAT THE PERSON WAS DRIVING A
MOTOR VEHICLE IN VIOLATION OF THE PROHIBITIONS AGAINST DUI, DUI PER SE,
DWAI, OR UDD, THE OFFICER SHALL:
(I) IN ACCORDANCE WITH SECTION 42-4-1301.1, TEST THE PERSON FOR
DRUGS OR ALCOHOL AS SOON AS PRACTICABLE; AND
(II) OBTAIN AND PRESERVE ANY RELEVANT EVIDENCE RELATED TO
WHETHER THE DRIVER IS IMPAIRED BY ALCOHOL OR DRUGS WHEN THE OFFICER
HAS PROBABLE CAUSE TO BELIEVE THE PERSON WAS DRIVING A MOTOR VEHICLE
IN VIOLATION OF THE PROHIBITIONS AGAINST DUI, DUI PER SE, DWAI, OR
UDD.".
Page 5, strike lines 1 through 11.
Renumber succeeding sections accordingly.
Page 5, lines 20 and 21, strike "repeal (5)(e.5)" and substitute "add (5)(e.4)".
Page 5, strike line 25 and substitute:
"(e.4) CARELESS DRIVING RESULTING IN SERIOUS BODILY INJURY 8".
Page 5, after line 25 insert:
"SECTION 5. 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)(b)(II) OR
(2)(c), C.R.S., that results in the SERIOUS BODILY INJURY OR death of another
person;".
Page 5, strike lines 26 and 27.
Page 6, strike lines 1 through 10 and substitute:
"SECTION 6. Act subject to petition - effective date - applicability.
(1) This act takes effect April 1, 2027; except that, if a referendum petition is
filed pursuant to section 1 (3) of article V of the state constitution against this
act or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will not
take effect unless approved by the people at the general election to be held in
November 2026 and, in such case, will take effect April 1, 2027, or on the date
of the official declaration of the vote thereon by the governor, whichever is
later.
(2) This act applies to offenses committed on or after the applicable
effective date of this act.".