Motor Vehicle Stunt Drive & Takeover Penalties

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1329 LLS NO. 26-0052.01 Renee Leone x2695 HOUSE SPONSORSHIP Clifford and Richardson, SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING CRIMINALIZING CERTAIN MOTOR VEHICLE ACTIVITIES, AND, IN CONNECTION THEREWITH, CREATING PENALTIES FOR MOTOR VEHICLE RACING, STREET TAKEOVERS, AND STUNT DRIVING.

CRIMINALIZING AND 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.) The bill makes street takeovers, coordinated street takeovers, racing and drag racing, and stunt driving (prohibited motor vehicle activities) illegal on highways and roadways. More specifically, the bill 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.

states that a person shall not: ! Intentionally engage in a prohibited motor vehicle activity; ! Coordinate or facilitate an event the person should reasonably know is a street takeover, a race or drag race, or stunt driving; ! Ride as a passenger in a motor vehicle the person should reasonably know is participating in a street takeover, a race or drag race, or stunt driving; ! Intentionally cause the movement of traffic to slow, stop, or be impeded in any way because of a street takeover, a race or drag race, or stunt driving; ! Drive a motor vehicle to carry fuel for a motor vehicle the person should reasonably know is involved in a street takeover, a race or drag race, or stunt driving; or ! Knowingly be a spectator to a race, drag race, or street takeover prohibited by the bill. The bill imposes penalties for a person that engages in a prohibited motor vehicle activity. The bill also imposes penalties for a person that engages in a prohibited motor vehicle activity and then eludes or attempts to elude a peace officer. Lastly, the bill states when and how a peace officer may, or a presiding court may issue an order to, impound, immobilize, or seize a motor vehicle involved in a prohibited motor vehicle activity.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 42-4-1105, amend

(2) and (5)(a); repeal (1), (3), and (5)(d); add (2.1); and add with amended and relocated provisions (1.1) as follows:

42-4-1105. Racing - drag racing - street takeovers - stunt driving - immobilization, impounding, or seizure of motor vehicle - penalties - definitions.

(1) (a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a highway.

(b) For purposes of this section, "speed contest" means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants.

(c) A person who violates any provision of this subsection (1) commits a class 1 misdemeanor traffic offense. (1.1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "BURNOUT" MEANS A MANEUVER PERFORMED BY A DRIVER OF A MOTOR VEHICLE WHEREBY THE MOTOR VEHICLE IS KEPT STATIONARY, OR IS IN MOTION, WHILE THE WHEELS ARE SPUN IN A MANNER THAT DEFEATS FRICTION AND ALLOWS THE TIRES TO SPIN FREELY, WHICH MAY THEN LEAD TO EXCESSIVE FRICTION AND CAUSE THE TIRES TO MELT.

(b) "CONVICTION" HAS THE MEANING SET FORTH IN SECTION 18-1.3-602 (2).

(c) "COORDINATED STREET TAKEOVER" MEANS FIVE OR MORE MOTOR VEHICLES OPERATED BY DRIVERS IN AN ORGANIZED MANNER TO EFFECT A STREET TAKEOVER.

(d) "DOUGHNUT" MEANS A MANEUVER PERFORMED BY A DRIVER OF A MOTOR VEHICLE WHEREBY THE FRONT OR REAR OF THE MOTOR VEHICLE IS ROTATED AROUND THE OPPOSITE SET OF WHEELS IN A CONTINUOUS MOTION, WHICH MAY CAUSE:

(I) A CIRCULAR TIRE-MARK PATTERN OF RUBBER ON THE DRIVING SURFACE; OR

(II) THE TIRES OF THE MOTOR VEHICLE TO HEAT UP AND EMIT SMOKE.

(e) "DRAG RACE" MEANS THE OPERATION OF TWO OR MORE MOTOR VEHICLES BY DRIVERS WHO DRIVE:

(I) SIDE-BY-SIDE AT ACCELERATING SPEEDS IN A COMPETITIVE ATTEMPT TO ACCELERATE FASTER OR OUTDISTANCE EACH OTHER; OR

(II) OVER A COMMON OR SELECTED COURSE FOR THE PURPOSE OF COMPARING THE RELATIVE SPEED OR POWER OF ACCELERATION OF THE MOTOR VEHICLE OR MOTOR VEHICLES WITHIN A CERTAIN DISTANCE OR TIME LIMIT.

(f) (I) "DRIFTING" OR "DRIFT" MEANS A MANEUVER PERFORMED BY A DRIVER OF A MOTOR VEHICLE, AS PART OF A STREET TAKEOVER OR FOR EXHIBITION, STUNT, OR PERFORMATIVE REASONS, WHEREBY THE DRIVER INDUCES AND MAINTAINS AN OVERSTEERING ACTION TO CAUSE THE REAR WHEELS OF THE MOTOR VEHICLE TO LOSE TRACTION WITH THE DRIVING SURFACE AND THE MOTOR VEHICLE TO SLIDE SIDEWAYS IN A CONTROLLED TURN OR ARC WITH THE FRONT WHEELS TURNED IN THE OPPOSITE DIRECTION OF THE TURN OR ARC.

(II) "DRIFTING" OR "DRIFT" DOES NOT INCLUDE A CORRECTIVE ACTION TAKEN BY A DRIVER TO REGAIN CONTROL OF A MOTOR VEHICLE AFTER AN UNINTENDED LOSS OF CONTROL OR TRACTION CAUSED BY ROAD CONDITIONS, WEATHER, OR AN EMERGENCY.

(g) [Formerly 42-4-1105 (5)(d)] For purposes of this section, "Immobilization device" means a device locked into place over a wheel of a motor vehicle that prevents the motor vehicle from being moved.

"Immobilization device" includes but is not limited to a device commonly referred to as a "traffic boot" or "boot".

(h) (I) "MOTOR VEHICLE" HAS THE MEANING SET FORTH IN SECTION 42-1-102 (58). (II) "MOTOR VEHICLE" INCLUDES A MOTORCYCLE, AUTOCYCLE, MOPED, ALL-TERRAIN VEHICLE, OFF-ROAD VEHICLE, OR VEHICLE NOT LICENSED TO OPERATE ON A HIGHWAY OR ROADWAY.

(i) (I) "RACE" MEANS A SPEED OR ACCELERATION CONTEST, COMPETITION, OR EXHIBITION ON A PUBLIC HIGHWAY OR ROADWAY THAT INVOLVES TWO OR MORE DRIVERS OF MOTOR VEHICLES WHO ATTEMPT TO OUTDISTANCE ONE ANOTHER OR OTHERWISE ACHIEVE SUPERIORITY AND THEREBY DRIVE AT AN UNSAFE OR EXCESSIVE SPEED.

(II) A RACE MAY:

(A) BE PREARRANGED BY A DRIVER OR OTHER INDIVIDUAL;

(B) OCCUR AS THE RESULT OF A SPONTANEOUS COMPETITIVE CHALLENGE AND RESPONSE MADE BY ONE OR MORE DRIVERS THAT, UNDER THE CIRCUMSTANCES, CAN REASONABLY BE INTERPRETED AS A CHALLENGE OR AGREEMENT TO RACE; OR

(C) OCCUR AS PART OF A STREET TAKEOVER OR A COORDINATED STREET TAKEOVER.

(j) (I) "SPECTATOR" MEANS AN INDIVIDUAL WHO KNOWINGLY AND VOLUNTARILY ATTENDS OR REMAINS PRESENT AT A RACE, DRAG RACE, STREET TAKEOVER, OR COORDINATED STREET TAKEOVER ON A PUBLIC HIGHWAY OR ROADWAY FOR THE PURPOSE OF VIEWING, ENCOURAGING, OR OTHERWISE PARTICIPATING IN THE EVENT, WHEN THE INDIVIDUAL'S PRESENCE IS THE RESULT OF AN AFFIRMATIVE CHOICE TO SUPPORT OR ENGAGE WITH THE RACE, DRAG RACE, STREET TAKEOVER, OR COORDINATED STREET TAKEOVER AND IS NOT MERELY THE RESULT OF INCIDENTAL LAWFUL PRESENCE IN THE AREA.

(II) FOR THE PURPOSE OF DETERMINING WHETHER AN INDIVIDUAL IS A SPECTATOR, A FINDER OF FACT MAY CONSIDER:

(A) THE RELATIONSHIP BETWEEN THE INDIVIDUAL AND A DRIVER PARTICIPATING IN THE RACE, DRAG RACE, STREET TAKEOVER, OR COORDINATED STREET TAKEOVER;

(B) WHETHER THE INDIVIDUAL IS ENGAGED IN GAMBLING OR BETTING ON THE OUTCOME OF THE RACE, DRAG RACE, STREET TAKEOVER, OR COORDINATED STREET TAKEOVER;

(C) THAT THE INDIVIDUAL PHOTOGRAPHED, FILMED, OR RECORDED THE EVENT AND WHETHER THE INDIVIDUAL POSTED THE CONTENT TO SOCIAL MEDIA; AND

(D) ANY OTHER EVIDENCE THAT MAY SHOW THAT THE INDIVIDUAL AFFIRMATIVELY AND KNOWINGLY CHOSE TO ATTEND, VIEW, OR PARTICIPATE IN THE RACE, DRAG RACE, STREET TAKEOVER, OR COORDINATED STREET TAKEOVER.

(k) "STREET TAKEOVER" MEANS THE INTENTIONAL ACT BY ONE OR MORE DRIVERS OF MOTOR VEHICLES TO OCCUPY OR BLOCK AN OPEN PUBLIC HIGHWAY OR ROADWAY FOR THE PURPOSE OF CONDUCTING A RACE, A DRAG RACE, STUNT DRIVING, OR ANOTHER MOTOR VEHICLE PERFORMANCE, CONTEST, EXHIBITION, OR DISPLAY, AND WHICH ACT THEREBY SLOWS, STOPS, OR OTHERWISE IMPEDES THE NORMAL MOVEMENT OF OTHER MOTOR VEHICLES.

(l) "STUNT DRIVING" MEANS TO, ON A HIGHWAY OR ROADWAY OR AS PART OF A STREET TAKEOVER, PERFORM OR ENGAGE IN:

(I) A BURNOUT;

(II) A DOUGHNUT;

(III) DRIFTING; OR

(IV) A WHEELIE.

(m) "WHEELIE" MEANS A MANEUVER PERFORMED BY A DRIVER OF A MOTOR VEHICLE WHEREBY THE DRIVER INTENTIONALLY CAUSES ONE OR MORE WHEELS, IN ANY COMBINATION OF FRONT, REAR, OR SIDE WHEELS, TO BE RAISED OFF OF THE DRIVING SURFACE WHILE DRIVING.

(2) (a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway. A PERSON SHALL NOT:

(I) INTENTIONALLY DRIVE A MOTOR VEHICLE IN A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, OR A RACE OR DRAG RACE ON A HIGHWAY OR ROADWAY;

(II) INTENTIONALLY STUNT DRIVE ON A HIGHWAY OR ROADWAY;

(III) COORDINATE, FACILITATE, COLLECT MONEY FOR, OR PARTICIPATE IN, IN ANY MANNER, AN EVENT THE PERSON SHOULD REASONABLY KNOW IS A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING;

(IV) RIDE AS A PASSENGER IN A MOTOR VEHICLE THE PERSON SHOULD REASONABLY KNOW, WHEN THE PERSON MAKES THE DECISION TO RIDE AS A PASSENGER, IS PARTICIPATING IN A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING;

(V) INTENTIONALLY CAUSE THE MOVEMENT OF TRAFFIC, INCLUDING PEDESTRIAN TRAFFIC, TO SLOW, STOP, OR BE IMPEDED IN ANY WAY BECAUSE OF A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING; OR

(VI) DRIVE A MOTOR VEHICLE FOR THE PURPOSE OF PROVIDING FUEL FOR A MOTOR VEHICLE THE PERSON SHOULD REASONABLY KNOW IS INVOLVED IN A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING.

(b) For purposes of this section, "speed exhibition" means the operation of a motor vehicle to present a display of speed or power.

"Speed exhibition" includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.

(c) EXCEPT AS PROVIDED IN SUBSECTION (2)(d) OF THIS SECTION, a person who violates any provision of this subsection (2) THAT VIOLATES SUBSECTION (2)(a) OF THIS SECTION commits a class 2 misdemeanor traffic offense AN UNLAWFUL EXHIBITION OF RACING OR STUNT DRIVING.

UNLAWFUL EXHIBITION OF RACING OR STUNT DRIVING IS A CLASS 1 MISDEMEANOR TRAFFIC OFFENSE AND, UPON CONVICTION, SHALL BE PUNISHED AS PROVIDED IN SECTION 42-4-1701 EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO ONE YEAR; EXCEPT THAT:

(3)(a)(II), AND THE

(I) A SECOND VIOLATION WITHIN ONE YEAR AFTER THE DATE OF THE FIRST VIOLATION THAT RESULTED IN A CONVICTION IS A CLASS 6 FELONY AND, UPON CONVICTION, SHALL BE PUNISHED AS PROVIDED IN

SECTION 18-1.3-401, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH

SECTION 42-2-127 FOR UP TO AN ADDITIONAL TWO YEARS; AND

(II) A THIRD OR SUBSEQUENT VIOLATION WITHIN A FIVE-YEAR PERIOD IS A CLASS 5 FELONY AND, UPON CONVICTION, SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO AN ADDITIONAL THREE YEARS.

(d) (I) A PERSON THAT VIOLATES SUBSECTION (2)(a)(I), (2)(a)(II), (2)(a)(V), OR (2)(a)(VI) OF THIS SECTION WHILE ENGAGED IN A COORDINATED STREET TAKEOVER COMMITS AN UNLAWFUL COORDINATED STREET TAKEOVER. UNLAWFUL COORDINATED STREET TAKEOVER IS A CLASS 6 FELONY AND, UPON CONVICTION, SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401; EXCEPT THAT THE COURT SHALL IMPOSE A FINE OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE THAN FOUR THOUSAND DOLLARS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO TWO YEARS.

(II) A SECOND VIOLATION WITHIN ONE YEAR AFTER THE DATE OF THE FIRST VIOLATION THAT RESULTED IN A CONVICTION IS A CLASS 6 FELONY IF BOTH VIOLATIONS ARE UNLAWFUL COORDINATED STREET TAKEOVERS AS DESCRIBED IN SUBSECTION (2)(d)(I) OF THIS SECTION AND, UPON CONVICTION, SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401; EXCEPT THAT THE COURT SHALL IMPOSE A FINE OF NOT LESS THAN THREE THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO AN ADDITIONAL TWO YEARS.

(III) A THIRD OR SUBSEQUENT VIOLATION WITHIN A FIVE-YEAR PERIOD AFTER THE DATE OF THE FIRST VIOLATION IS A CLASS 5 FELONY IF ALL VIOLATIONS ARE UNLAWFUL COORDINATED STREET TAKEOVERS AS DESCRIBED IN SUBSECTION CONVICTION, SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401;

(2)(d)(I) OF THIS SECTION AND, UPON EXCEPT THAT THE COURT SHALL IMPOSE A FINE OF NOT LESS THAN FOUR THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE THAN SIX THOUSAND DOLLARS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL REVOKE THE PERSON'S DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 42-2-127 FOR UP TO AN ADDITIONAL THREE YEARS.

(e) (I) A PERSON SHALL NOT KNOWINGLY BE A SPECTATOR TO A RACE, DRAG RACE, STREET TAKEOVER, OR COORDINATED STREET TAKEOVER PROHIBITED PURSUANT TO THIS SECTION.

(II) A PERSON THAT VIOLATES SUBSECTION (2)(e)(I) OF THIS SECTION COMMITS A CLASS B TRAFFIC INFRACTION AND SHALL BE SUBJECT TO PENALTIES AS PROVIDED IN SECTION 42-4-1701 (3)(a).

(2.1) (a) IN ACCORDANCE WITH SECTION 16-3-102 (1), A PEACE OFFICER MAY ARREST AND TAKE INTO CUSTODY A PERSON THAT VIOLATES SUBSECTION (2)(a) OF THIS SECTION.

(b) WHEN A COURT HEARS A CASE IN WHICH A PERSON IS CHARGED WITH A VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION:

(I) THE ARRESTING OFFICER OR PROSECUTOR SHALL PROVIDE THE COURT A COPY OF THE DRIVING RECORD OF THE PERSON CHARGED; AND

(II) THE COURT SHALL OBTAIN ANY RECORDS NECESSARY TO DETERMINE IF THE PERSON CHARGED HAS ONE OR MORE PRIOR CONVICTIONS FOR VIOLATING SUBSECTION (2)(a) OF THIS SECTION.

(c) (I) A COURT THAT HEARS A CASE IN WHICH A PERSON IS CHARGED WITH A VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION MAY ENTER AN ORDER OF IMPOUNDMENT OR IMMOBILIZATION OF THE MOTOR VEHICLE THE PERSON WAS DRIVING DURING THE VIOLATION AS PART OF SENTENCING THE PERSON TO INCARCERATION OR AS A CONDITION OF PROBATION.

(II) WITHIN SEVEN BUSINESS DAYS AFTER THE DATE THE COURT ISSUES AN ORDER OF IMPOUNDMENT OR IMMOBILIZATION PURSUANT TO SUBSECTION (2.1)(c)(I) OF THIS SECTION, THE CLERK OF THE COURT SHALL SEND NOTICE OF THE ORDER BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED TO:

(A) THE REGISTERED OWNER OF THE MOTOR VEHICLE IF THE REGISTERED OWNER IS NOT THE PERSON THAT WAS ARRESTED; AND

(B) A PERSON OF RECORD CLAIMING A LIEN AGAINST THE MOTOR VEHICLE.

(III) (A) AN IMPOUNDING AGENCY SHALL RELEASE A MOTOR VEHICLE THAT WAS IMPOUNDED OR IMMOBILIZED PURSUANT TO SUBSECTION (2.1)(c)(I) OF THIS SECTION TO THE OWNER OR PERSON ENTITLED TO POSSESSION UNDER THE CONDITIONS SET FORTH IN SECTION

(B) UNLESS THE COURT DISMISSES THE ORDER OF IMPOUNDMENT OR IMMOBILIZATION, ALL COSTS AND FEES ASSOCIATED WITH THE IMPOUNDMENT OR IMMOBILIZATION ORDERED PURSUANT TO SUBSECTION (2.1)(c)(I) OF THIS SECTION, INCLUDING THE COST OF THE NOTICE, SHALL BE PAID BY THE PERSON CHARGED PURSUANT TO THIS SECTION.

(d) NOTWITHSTANDING SUBSECTION (2.1)(c) OF THIS SECTION, IF A PEACE OFFICER ARRESTS AND TAKES INTO CUSTODY A PERSON DRIVING A MOTOR VEHICLE IN VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION, THE MOTOR VEHICLE MAY BE IMPOUNDED IMMEDIATELY TO STORE THE VEHICLE AS EVIDENCE OR TO BEGIN ASSET FORFEITURE PROCEEDINGS AS PERMITTED BY LAW.

(e) A MOTOR VEHICLE USED IN VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION MAY BE IMPOUNDED FOR SAFEKEEPING, AS EVIDENCE, OR FOR ASSET FORFEITURE IF:

(I) THE OWNER OF THE MOTOR VEHICLE CANNOT BE VERIFIED; OR (II) THE MOTOR VEHICLE IS NOT REGISTERED WITH THE DEPARTMENT.

(3) (a) Except as otherwise provided in subsection (4) of this section, a person shall not, for the purpose of facilitating or aiding or as an incident to any speed contest or speed exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in placing any such barricade or obstruction, upon a highway.

(b) A person who violates any provision of this subsection (3) commits, pursuant to section 42-4-1703, the offense that the person aided in or facilitated the commission of. Nothing in this subsection (3) shall be construed to preclude charging a person under section 42-4-1703 for otherwise being a party to the crime of engaging in a speed contest or engaging in a speed exhibition.

(5) (a) In addition to a sentence imposed pursuant to this section or pursuant to any other provision of law:

(I) Upon the second conviction for an offense specified in subsection (1) or (2) (2)(a) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) (2)(a) of this section, the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to fourteen days.

(II) (A) Upon the third or subsequent conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to thirty days but more than fourteen days A MOTOR VEHICLE MAY BE SUBJECT TO THE PROCEDURES APPLIED TO SEIZED PROPERTY SET FORTH IN SECTIONS 16-13-505 TO 16-13-510 IF THE MOTOR VEHICLE IS USED IN VIOLATION OF SUBSECTION (2)(a) OF THIS SECTION BY A PERSON THAT HAS TWO OR MORE PRIOR CONVICTIONS FOR VIOLATIONS OF SUBSECTION (2)(a) OF THIS SECTION WITHIN THE FIVE YEARS BEFORE THE VIOLATION THAT RESULTED IN A CONVICTION.

(B) SUBSECTION (5)(a)(II)(A) OF THIS SECTION APPLIES TO A PERSON CONVICTED OF THE VIOLATIONS OF SUBSECTION (2)(a) OF THIS SECTION WITHIN THE FIVE YEARS BEFORE THE VIOLATION THAT RESULTED IN A CONVICTION ONLY IF THE PERSON IS THE REGISTERED OWNER OF THE MOTOR VEHICLE TO BE SEIZED.

(d) For purposes of this section, "immobilization device" means a device locked into place over a wheel of a motor vehicle that prevents the motor vehicle from being moved. "Immobilization device" includes but is not limited to a device commonly referred to as a "traffic boot" or "boot".

SECTION 2. In Colorado Revised Statutes, 42-2-127, amend (5)(c) as follows: 42-2-127. Authority to suspend license - to deny license - type of conviction - points. (5) Point system schedule:

Type of conviction

(c) (I) Points Engaging in a speed contest in violation of section 42-4-1105 (1) INTENTIONALLY DRIVING A MOTOR VEHICLE IN A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, OR A RACE OR DRAG RACE IN VIOLATION OF SECTION 42-4-1105 (2)(a)(I) . . . . . . . . . . . . . . . . . . 12

(II) Aiding or facilitating engaging in a speed contest in violation of section 42-4-1105 (3) INTENTIONALLY STUNT DRIVING IN VIOLATION OF

SECTION 42-4-1105 (2)(a)(II) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

(III) Engaging in a speed exhibition in violation of section

(IV) Aiding or facilitating engaging in a speed exhibition in violation of section 42-4-1105 (3) DRIVING A MOTOR VEHICLE FOR THE PURPOSE OF PROVIDING FUEL FOR A MOTOR VEHICLE THE PERSON SHOULD REASONABLY KNOW IS INVOLVED IN A STREET TAKEOVER, A COORDINATED STREET TAKEOVER, A RACE OR DRAG RACE, OR STUNT DRIVING IN VIOLATION OF SECTION 42-4-1105 (2)(a)(VI) . . . . . . . . . . . . . . . . .

SECTION 3. In Colorado Revised Statutes, 18-9-116.5, amend (1) and (2)(a) as follows:

18-9-116.5. Vehicular eluding.

Any A person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is THEY ARE being pursued by said A peace officer, and who operates his or her THEIR vehicle in a reckless manner, commits vehicular eluding.

(2) (a) Vehicular eluding is a class 5 felony; except that:

(I) Vehicular eluding that results in bodily injury to another person is a class 4 felony; and

(II) Vehicular eluding that results in death to another person is a class 3 felony; AND

(III) VEHICULAR ELUDING COMMITTED BY A DRIVER OF A MOTOR VEHICLE IN CONNECTION WITH OR IMMEDIATELY AFTER A VIOLATION OF SECTION (2)(a)(VI) IS A CLASS 4 FELONY.

42-4-1105 (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(V), OR

SECTION 4. In Colorado Revised Statutes, 42-4-110.5, add (9) as follows:

42-4-110.5. Automated vehicle identification systems - school buses - exceptions to liability - penalty - contracting - limits on use of photographs and video - rules - legislative declaration - definitions.

(9) AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM INSTALLED AND UTILIZED PURSUANT TO THIS SECTION MAY BE USED TO ASSIST IN AN INVESTIGATION TO IDENTIFY A MOTOR VEHICLE USED IN VIOLATION OF

SECTION 42-4-1105.

SECTION 5. Effective date - applicability. This act takes effect June 15, 2026, and applies to offenses committed on or after said date.

SECTION 6.

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.