Homicide Criminal Offenses

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction HOUSE BILL 26-1281 LLS NO. 26-0032.02 Michael Dohr x4347 HOUSE SPONSORSHIP Carter and Espenoza, Bacon, English, Garcia, Mabrey, Ricks, Zokaie SENATE SPONSORSHIP Weissman and Hinrichsen, House Committees Senate Committees Judiciary A BILL FOR AN ACT THE DEATH OF ANOTHER PERSON.

Under current law, if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of another person, the person commits first degree murder. The bill requires that the person: ! Cause the death of more than one person; ! Cause the death of one person and cause serious bodily Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

April 29, 2026 (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.) HOUSE Bill Summary 3rd Reading Unamended CONCERNING THE ALIGNMENT OF CRIMINAL OFFENSES THAT INVOLVE HOUSE Amended 2nd Reading April 24, 2026 injury to 2 or more persons by means of a deadly weapon; ! Cause the death of a child who is under 12 years old; or ! Cause the death of a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of their duties. The bill creates a new charge of murder in the second degree if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of only one other person. The bill creates the offense of aggravated vehicular homicide by operating a motor vehicle in a reckless manner or while under the influence of or impaired by alcohol or other drugs and causing the death of another person when the person also: ! Has been convicted twice of driving under the influence or driving while ability impaired; ! Has been convicted of vehicular homicide or vehicular assault; ! Commits the offense while eluding or attempting to elude law enforcement; ! Commits the offense while in flight from the commission of another felony offense, not including a traffic offense; or ! Commits the offense while driving at a high rate of speed, creating an imminent risk of death or serious bodily injury to another person. The bill creates the new offense of negligent vehicular homicide if a person drives a motor vehicle with criminal negligence and causes the death of another person. Negligent vehicular homicide is a class 5 felony.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:

(a) Within the current Colorado sentencing structure, originally based on the Model Penal Code, there exists confusion and imbalance in offenses involving the extreme indifference mental state in crimes resulting in death;

(b) As a result, Colorado has become one of the most punitive states in the country for extreme indifference or similar mental states but has not appropriately addressed aggravating circumstances and most common culpable mental states for other crimes. Legislation that will create a more thoughtful and balanced sentencing structure that is consistent with Colorado case law while responsive to the need for community safety is necessary.

(c) Accountability for deaths caused by drivers in Colorado requires a fuller range of defined crimes and penalties to account for differences in mental state and aggravating circumstances; and

(d) The alignment of Colorado's homicide crimes with national standards will better serve Colorado and our criminal legal system. SECTION 2. In Colorado Revised Statutes, 18-3-102, amend (1)(d); and add (2.5) as follows:

18-3-102. Murder in the first degree.

(1) A person commits the crime of murder in the first degree if:

(d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he THE PERSON knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself THEMSELF, and thereby:

(I) Causes the death of another; or MORE THAN ONE PERSON;

(II) CAUSES THE DEATH OF ONE PERSON AND CAUSES SERIOUS BODILY INJURY TO TWO OR MORE PERSONS BY MEANS OF A DEADLY WEAPON;

(III) CAUSES THE DEATH OF A CHILD WHO IS UNDER TWELVE YEARS OLD; OR

(IV) CAUSES THE DEATH OF A PEACE OFFICER, EMERGENCY MEDICAL SERVICE PROVIDER, EMERGENCY MEDICAL CARE PROVIDER, OR FIREFIGHTER ENGAGED IN THE PERFORMANCE OF THEIR DUTIES.

(2.5) IF THE PERSON'S ACTIONS ARE THE CAUSE OF DEATH OR SERIOUS BODILY INJURY TO MORE THAN ONE INDIVIDUAL PURSUANT TO THE PROVISIONS OF SUBSECTION (1)(d) OF THIS SECTION, EACH INDIVIDUAL INJURED OR KILLED IS A SEPARATE VIOLATION OF THE LAW.

SECTION 3. In Colorado Revised Statutes, 18-3-103, amend (1) and (4) as follows:

18-3-103. Murder in the second degree - definitions.

(1) A person commits the crime of murder in the second degree if:

(a) The person knowingly causes the death of a person; or

(b) Acting either alone or with one or more persons, he or she THE PERSON commits or attempts to commit felony arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403, as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the felony crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she THE PERSON is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by any participant; OR

(c) EXCEPT AS PROVIDED IN SECTION 18-3-102 (1)(d), UNDER CIRCUMSTANCES EVIDENCING AN ATTITUDE OF UNIVERSAL MALICE MANIFESTING EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE GENERALLY, THE PERSON KNOWINGLY ENGAGES IN CONDUCT THAT CREATES A GRAVE RISK OF DEATH TO ANOTHER PERSON OR PERSONS, AND AS A RESULT CAUSES THE DEATH OF ONLY ONE OTHER PERSON.

(4) A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of section 18-1.3-406; EXCEPT, WHEN THE CRIME CAUSED THE DEATH OF ANOTHER PERSON, THE COURT SHALL SENTENCE A PERSON CONVICTED PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION TO A TERM OF INCARCERATION OF AT LEAST THREE TIMES THE MINIMUM TERM AUTHORIZED IN THE PRESUMPTIVE RANGE AND UP TO TWICE THE MAXIMUM TERM AUTHORIZED IN THE PRESUMPTIVE RANGE.

SECTION 4. In Colorado Revised Statutes, 18-2-101, amend (4); and add (7.5) as follows:

18-2-101. Criminal attempt.

(4) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, criminal attempt to commit a class 1 felony is a class 2 felony; criminal attempt to commit a class 2 felony is a class 3 felony; criminal attempt to commit a class 3 felony is a class 4 felony; criminal attempt to commit a class 4 felony is a class 5 felony; AND criminal attempt to commit a class 5 or 6 felony is a class 6 felony.

(7.5) CRIMINAL ATTEMPT TO COMMIT A VIOLATION OF SECTION 18-3-102 (1)(d) OR 18-3-103 (1)(c) IS A CLASS 3 FELONY, AND THE COURT SHALL SENTENCE THE PERSON IN ACCORDANCE WITH SECTION 18-1.3-406.

SECTION 5. In Colorado Revised Statutes, amend 18-3-105 as follows:

18-3-105. Criminally negligent homicide.

(1) (a) Any A person who causes the death of another person by conduct amounting to WITH criminal negligence commits criminally negligent homicide. which

(b) IF A PERSON OPERATES OR DRIVES A MOTOR VEHICLE WITH CRIMINAL NEGLIGENCE AND THE CONDUCT IS THE PROXIMATE CAUSE OF THE DEATH OF ANOTHER PERSON, THE PERSON COMMITS CRIMINALLY NEGLIGENT HOMICIDE.

(2) CRIMINALLY NEGLIGENT HOMICIDE is a class 5 felony.

SECTION 6. In Colorado Revised Statutes, 42-4-239, repeal (4)(d) as follows: 42-4-239. Use of a mobile electronic device - definitions penalty.

(4) (d) If the individual's actions are the proximate cause of death to another, the individual commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701 (3)(a)(II).

SECTION 7. In Colorado Revised Statutes, 42-2-125, amend (1) introductory portion and (1)(a) as follows:

42-2-125. Mandatory revocation of license and permit.

(1) The department shall immediately revoke the license or permit of any A driver or minor driver upon receiving a record showing that the driver has:

(a) Been convicted of vehicular homicide or vehicular assault as described in sections 18-3-106 and 18-3-205 C.R.S., or of criminally negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE, as described in section 18-3-105, C.R.S., while driving a motor vehicle

SECTION 18-3-105 (1)(b);

SECTION 8. In Colorado Revised Statutes, amend 42-2-128 as follows: 42-2-128. Vehicular homicide - criminally negligent homicide while operating a motor vehicle - revocation of license. The department shall revoke the driver's license of any A person convicted of vehicular homicide PURSUANT TO SECTION 18-3-106 OR CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-105 (1)(b), including the driver's license of any A juvenile who has been adjudicated a delinquent upon conduct which THAT would establish the crime of vehicular homicide PURSUANT TO SECTION 18-3-106 OR CRIMINALLY NEGLIGENT HOMICIDE PURSUANT TO SECTION 18-3-105 (1)(b) if committed by an adult.

SECTION 9. In Colorado Revised Statutes, 42-2-202, amend (2)(a)(V) as follows:

Habitual offenders - frequency and type of violations.

(2) (a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:

(V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of WHILE OPERATING OR DRIVING a motor vehicle PURSUANT TO SECTION 18-3-105 (1)(b), or motor vehicle theft, as such THE offenses are described in title

SECTION 10. In Colorado Revised Statutes, 42-4-1301, amend (6)(e) as follows:

Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties.

(6) (e) Involuntary blood test - admissibility. Evidence acquired through an involuntary blood test pursuant to section 42-4-1301.1 (3) shall be IS admissible in any A prosecution for DUI, DUI per se, DWAI, or UDD, and in any A prosecution for criminally negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE pursuant to section 18-3-105, C.R.S. SECTION 18-3-105 (1)(b), vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., assault in the third degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205 (1)(b). C.R.S.

SECTION 11.

amend (3) as follows:

In Colorado Revised Statutes, 42-4-1301.1,

42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample - testing - rules - definition.

(3) Any A person who is required to take and to complete, and to cooperate in the completing of, any A test or tests shall cooperate with the person authorized to obtain specimens of such THE person's blood, breath, saliva, or urine, including the signing of any release or consent forms required by any A person, hospital, clinic, or association authorized to obtain such THE specimens. If such A person does not cooperate with the person, hospital, clinic, or association authorized to obtain such THE specimens, including the signing of any release or consent forms, such THE PERSON'S noncooperation shall be IS considered a refusal to submit to testing. No A law enforcement officer shall NOT physically restrain any A person for the purpose of obtaining a specimen of such THE person's blood, breath, saliva, or urine for testing except when the officer has probable cause to believe that the person has committed criminally negligent homicide WHILE OPERATING OR DRIVING A MOTOR VEHICLE pursuant to section 18-3-105, C.R.S. SECTION 18-3-105 (1)(b), vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., assault in the third degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., and the person is refusing to take or to complete, or to cooperate in the completing of, any test or tests, then in such event, the law enforcement officer may require a blood test.

SECTION 12. In Colorado Revised Statutes, 18-3-106, add (1.5) as follows:

18-3-106. Vehicular homicide - definitions.

(1.5) IF A PERSON OPERATES OR DRIVES A MOTOR VEHICLE IN VIOLATION OF SUBSECTION (1) OF THIS SECTION AND ANY ONE OR MORE OF THE FOLLOWING AGGRAVATING CIRCUMSTANCES ARE PRESENT, THE PERSON COMMITS AGGRAVATED VEHICULAR HOMICIDE AND THE COURT SHALL SENTENCE THE PERSON IN ACCORDANCE WITH SECTION 18-1.3-406 FOR THE LEVEL OF OFFENSE COMMITTED IN VIOLATION OF SUBSECTION (1) OF THIS SECTION:

(a) THE PERSON COMMITS THE OFFENSE AFTER HAVING TWICE BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF DRIVING UNDER THE INFLUENCE OR DRIVING WHILE ABILITY IMPAIRED;

(b) THE PERSON COMMITS THE OFFENSE AFTER HAVING BEEN PREVIOUSLY CONVICTED OF VEHICULAR HOMICIDE OR VEHICULAR ASSAULT;

(c) THE PERSON COMMITS THE OFFENSE WHILE ELUDING OR ATTEMPTING TO ELUDE A PEACE OFFICER IN VIOLATION OF SECTION

(d) THE PERSON COMMITS THE OFFENSE WHILE IN FLIGHT FROM THE COMMISSION OF ANOTHER FELONY OFFENSE, NOT INCLUDING A TRAFFIC OFFENSE; OR

(e) THE PERSON COMMITS THE OFFENSE WHILE DRIVING AT A HIGH RATE OF SPEED IN VIOLATION OF SECTION 42-4-1101 (12)(b), CREATING AN IMMINENT RISK OF DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON.

SECTION 13. In Colorado Revised Statutes, 18-1.3-406, add (2)(d) as follows:

Mandatory sentences for violent crimes - definitions.

(2) (d) "CRIME OF VIOLENCE" ALSO MEANS A VIOLATION OF AGGRAVATED MOTOR VEHICLE HOMICIDE AS DESCRIBED IN SECTION

SECTION 14. Effective date - applicability. This act takes effect July 1, 2026, and applies to offenses committed on or after said date.

SECTION 15.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.