Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0286.01 Richard Sweetman x4333HOUSE BILL 14-1084 HOUSE SPONSORSHIP Murray, Court SENATE SPONSORSHIP Johnston, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning crimes related to motor vehicles. 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://www.leg.state.co.us/billsummaries.) A person commits ownership or operation of a chop shop if he or she knowingly: Owns, operates, or conducts a chop shop as defined in the bill; Transports an unlawfully obtained motor vehicle or major component motor vehicle part to or from a chop shop; or Sells or transfers to, or purchases or receives from, a chop shop an unlawfully obtained motor vehicle or major component motor vehicle part. Ownership or operation of a chop shop is a class 3 felony. The bill repeals and relocates crimes related to vehicle identification numbers or numbers on major motor vehicle component parts. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 18-4-420 as follows: 18-4-420. Chop shop activity - ownership or operation of a chop shop - altered or removed identification number - penalties - definitions. (1) A person commits ownership or operation of a chop shop if he or she knowingly: (a) Owns, operates, or conducts a chop shop; (b) Transports an unlawfully obtained motor vehicle or major component motor vehicle part to or from a chop shop; or (c) Sells or transfers to, or purchases or receives from, a chop shop an unlawfully obtained motor vehicle or major component motor vehicle part. (2) Ownership or operation of a chop shop is a class 3 felony. (3) A person commits altered or removed identification number if, except as necessary to effect legitimate repairs, he or she knowingly removes, changes, alters, counterfeits, defaces, destroys, disguises, falsifies, forges, or obliterates the vehicle identification number, manufacturer's number, or engine number of a motor vehicle or major component motor vehicle part or knowingly possesses, purchases, disposes of, sells, or transfers a motor vehicle or a major component motor vehicle part that contains a removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated vehicle identification number, manufacturer's number, or engine number. (4) Altered or removed identification number is a class 5 felony. (5) As used in this section, unless the context otherwise requires: (a) "Chop shop" means any building, lot, facility, or other structure or premise where: (I) Any person or persons possess, receive, store, disassemble, or alter, including the alteration or concealment of any identifying feature or number, an unlawfully obtained motor vehicle or major component motor vehicle part for the purpose of using, selling, or disposing of the motor vehicle or major component motor vehicle part; (II) Two or more unlawfully obtained motor vehicles are present for the purpose of alteration, sale, or disposal; or (III) Two or more unlawfully obtained major component motor vehicle parts from two or more motor vehicles are present for the purpose of alteration, sale, or disposal. (b) "Major component motor vehicle part" means any of the following parts of a motor vehicle: (I) The engine; (II) The transmission; (III) The right or left front fender; (IV) The hood; (V) Any door allowing entrance to or egress from the passenger compartment of the vehicle; (VI) The front or rear bumper; (VII) The right or left rear quarter panel; (VIII) The deck lid, tailgate, or hatchback; (IX) The trunk floor pan; (X) The cargo box of a pickup truck; (XI) The frame, or if the vehicle has a unitized body, the supporting structure or structures that serve as the frame; (XII) The cab of a truck; (XIII) The body of a passenger vehicle; (XIV) An airbag or airbag assembly; (XV) A wheel or tire; or (XVI) Any other part of a motor vehicle that is comparable in design or function to any of the parts that have been listed, or that have been labeled with a unique traceable identification number, by the manufacturer of the motor vehicle or part. (c) "Motor vehicle" means all vehicles of whatever description that are propelled by any power other than muscular power; except that "motor vehicle" does not include vehicles that run on rails. (d) "Unlawfully obtained" means obtained by theft, fraud, or deceit, or obtained without the permission of the owner. SECTION 2. In Colorado Revised Statutes, repeal 42-5-102. SECTION 3. Potential appropriation. Pursuant to section 2-2-703, Colorado Revised Statutes, any bill that results in a net increase in periods of imprisonment in the state correctional facilities must include an appropriation of moneys that is sufficient to cover any increased capital construction and operational costs for the first five fiscal years in which there is a fiscal impact. Because this act may increase periods of imprisonment, this act may require a five-year appropriation. SECTION 4. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 6, 2014, if adjournment sine die is on May 7, 2014); 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 such period, 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 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to offenses committed on or after the applicable effective date of this act.