First Regular Session
Sixty-first General Assembly
LLS NO. 970322.01 JAP
HOUSE BILL 971171
STATE OF COLORADO
BY REPRESENTATIVE Tucker;
also SENATORS Wham and Arnold.
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING VEHICULAR ELUDING.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Creates a rebuttable presumption, with regard to
treating as a public nuisance any vehicle involved in vehicular
eluding, that the owner of the vehicle was driving during the
commission of the offense if the vehicle was not reported stolen
prior to the offense and no one other than the owner is charged
with the offense.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1613303 (5.1) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended, and the said 1613303 (5.1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
1613303. Class 1 public nuisance. (5.1) (a) In any action to forfeit property pursuant to this part 3, the plaintiff, in addition to any other matter which must be proven in the plaintiff's case in chief, shall prove by a preponderance of evidence, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (5.1), that possession of the property is unlawful, or that the owner of the property was a party to the creation of the public nuisance.
(c) (I) IN CASES WHERE THE ACTION TO FORFEIT PROPERTY PURSUANT TO THIS PART 3 ARISES FROM COMMISSION OF VEHICULAR ELUDING PURSUANT TO SECTION 189116.5, C.R.S, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE OWNER OF THE VEHICLE WAS DRIVING THE VEHICLE AT THE TIME THE OFFENSE WAS COMMITTED IF:
(A) THE VEHICLE WAS NOT REPORTED STOLEN PRIOR TO COMMISSION OF THE OFFENSE;
(B) THE VEHICLE IS NOT OWNED BY A RENTAL AGENCY; AND
(C) NO ONE OTHER THAN THE OWNER HAS BEEN OR IS CHARGED WITH COMMISSION OF THE OFFENSE EITHER AT THE TIME THE FORFEITURE ACTION IS FILED OR AT ANY TIME DURING THE COURSE OF THE FORFEITURE ACTION.
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), A REBUTTABLE PRESUMPTION SHALL NOT ARISE IF A LAW ENFORCEMENT OFFICER STOPPED THE VEHICLE DURING COMMISSION OF THE VEHICULAR ELUDING OFFENSE AND DETERMINED THAT THE OWNER OF THE VEHICLE WAS NOT IN THE VEHICLE.
SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.