This May 21, 2020, photo shows a parked car with a broken driver's side window after a smash-and-grab break-in. Property crimes such as these, along with stolen vehicles, are on the rise in Colorado, a 2021 Common Sense Institute report states.
This May 21, 2020, photo shows a parked car with a broken driver's side window after a smash-and-grab break-in. Property crimes such as these, along with stolen vehicles, are on the rise in Colorado, a 2021 Common Sense Institute report states. Toyota Corolla Cross
Colorado is the No. 1 state in the nation for auto thefts. On Saturday, state lawmakers passed a bill they hope would help change that.
Currently, the severity of criminal offenses for auto thefts in Colorado depends on the value of the stolen vehicle — ranging from a class 1 misdemeanor for a car worth $2,000 or less, to a class 3 felony for a car worth $100,000 or more. If enacted, Senate Bill 97 would remove the value-based system and make all auto thefts felonies.
The bill cleared its last major legislative vote on Saturday, now only needing minor amendments to be approved before it will be sent to the governor for final consideration.
"We'll be treating poor and wealthy victims the same," said bill sponsor Rep. Matt Soper, R-Delta. "Now, law enforcement will not look to the value of the car, instead they're looking at going after the criminal. That's what's important here."
Under the bill, auto theft would be a class 5 felony at the baseline. It would become a class 4 felony if the thief alters the vehicle’s license plates, leaves the state, causes $1,000 or more in damages to the vehicle, injures someone or uses the vehicle in another crime. It would become a class 3 felony if the thief has two prior convictions for auto theft.
The bill would also create a class 1 misdemeanor offense for "unauthorized use of a motor vehicle": stealing a vehicle but returning or recovering it within 24 hours without damage, which proponents called the “joyride provision.”
The House passed the bill in a 48-16 vote on Saturday, following the Senate's unanimous passage in March. The bill — sponsored by two Democrats and two Republicans — received bipartisan support, but only Democrats voted against it.
While the bill's supporters said they hope increasing the penalty for auto theft would deter criminals from committing the crime, opponents argued that charging thieves with harsher offenses will not deter theft if the criminals are not getting arrested in the first place.
Approximately 40,000 vehicles were stolen in Colorado in 2022 but only around 3,900 arrests were made, representing less than 10% of stolen vehicles resulting in an arrest, according to data from the Colorado Auto Theft Prevention Authority presented by lawmakers. Of those arrests, approximately 80% were already charged as felonies.
"This is not the right move," said Rep. Elisabeth Epps, D-Denver, while voting against the bill in committee. "This is not a good first step, it's a step in the wrong direction and it's a step that we're going to be paying for collectively for years to come."
The penalties for class 3, 4 and 5 felonies range from one to 12 years in prison and $1,000 to $750,000 in fines. Class 1 misdemeanors are punishable by up to 364 days in jail and up to $1,000 in fines.
Increasing prison sentences of auto thieves could cost the state more than $12 million over five years, based on state estimates.
Ultimately though, proponents of the bill said even if it does not lower auto theft rates, it is still needed to create equity for crime victims and send a message to criminals that Colorado will not stand for auto theft.
From 2011 to 2020, rates of auto theft increased by 144% in Colorado — the fastest rise in the country — reaching 524.3 thefts per every 100,000 people, according to the National Insurance Crime Bureau. That’s more than double the national rate of 256. Since 2020, the Colorado Bureau of Investigation estimates that auto thefts have continued to rise by 46% as of 2022.
"We need to correct our laws," said bill sponsor Rep. Shannon Bird, D-Westminster. "We've seen it in the news, we've heard from our constituents. Their cars are being stolen and ... we know that the value of a car isn't just measured by its dollar value."
Lawmakers, including Sen. Julie Gonzales of Denver and Rep. Mike Weissman of Aurora, said they voted in favor of the bill "reluctantly," questioning whether it would have the intended effect but adding they're supporting it because their constituents want them to or out of respect for the work put into the bill. Rep. Lorena Garcia of Adams County said the same thing while supporting the bill in committee, but voting against it in the final House action.
The bill is expected to be sent to Gov. Jared Polis in the coming days. If signed, it will take effect on July 1 and apply to offenses committed from that date forward.
For the second year in a row, Colorado legislators passed a proposal originally intended to stop charging children under 13 with most crimes. But the legislation is once again heading to Gov. Jared Polis' desk without that key provision.
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