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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0476.01 DFH SENATE BILL 98­068

STATE OF COLORADO

BY SENATOR Blickensderfer;

also REPRESENTATIVE Schauer.

JUDICIARY

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE CRIME OF MOTOR VEHICLE THEFT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Consolidates crimes involving the theft of a motor vehicle. States that a person commits motor vehicle theft if the person knowingly obtains or exercises control over the vehicle of another without authorization or by threat or deception or by any other fraudulent means.

Increases to a class 4 felony the penalty for motor vehicle theft if the value of the vehicle is $500 or more but less than $15,000.

Retains the separate crime of aggravated motor vehicle theft for circumstances where a person alters or disguises the motor vehicle or alters or removes the vehicle identification number or attempts to do so. Makes aggravated motor vehicle theft a class 2 felony.

Requires a mandatory term of incarceration for a person convicted of a second or subsequent offense of motor vehicle theft or aggravated motor vehicle theft.

Includes a 5­year statutory appropriation to cover the capital construction costs and operating costs incurred as a result of increasing the penalty for motor vehicle theft and aggravated motor vehicle theft.

Provides that the act applies to offenses committed on or after July 1, 1998.

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

SECTION 1.  18­4­409, Colorado Revised Statutes, is amended to read:

18­4­409.  Motor vehicle theft. (1)  As used in this section, unless the context otherwise requires:

(a)  "Motor vehicle" means all vehicles of whatever description propelled by any power other than muscular, except vehicles running on rails.

(b)  "Vehicle identification number" means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.

(2)  A person commits aggravated motor vehicle theft in the first degree if he OR SHE knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:

(a)  Retains possession or control of the motor vehicle for more than twenty­four hours; or

(b)  Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or

(c)  Attempts to alter or remove or alters or removes the vehicle identification number; or

(d)  Uses the motor vehicle in the commission of a crime other than a traffic offense; or

(e)  Causes five hundred dollars or more property damage in the exercise of control of the motor vehicle; or

(f)  Causes bodily injury to another person while he is in the exercise of control of the motor vehicle; or

(g)  Removes the motor vehicle from this state for a period of time in excess of twelve hours; or

(h)  Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle. OR BY ANY OTHER FRAUDULENT MEANS.

(3)  Aggravated Motor vehicle theft in the first degree is a:

(a)  Class 4 felony if the value of the motor vehicle or motor vehicles involved is fifteen thousand dollars or less;

(b) (a)  Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than fifteen thousand dollars OR MORE, or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.

(b)  CLASS 4 FELONY IF THE VALUE OF THE MOTOR VEHICLE OR MOTOR VEHICLES INVOLVED IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIFTEEN THOUSAND DOLLARS;

(c)  CLASS 2 MISDEMEANOR IF THE VALUE OF THE MOTOR VEHICLE OR MOTOR VEHICLES INVOLVED IS LESS THAN FIVE HUNDRED DOLLARS.

(4) (a)  A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception OR BY ANY OTHER FRAUDULENT MEANS and: if none of the aggravating factors in subsection (2) of this section are present. Aggravated motor vehicle theft in the second degree is a class 2 misdemeanor but is a class 5 felony if committed by a person who has been twice previously convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States, even though none of the aggravating factors set forth in subsection (2) of this section are present.

(I)  ATTEMPTS TO ALTER OR DISGUISE OR ALTERS OR DISGUISES THE APPEARANCE OF THE MOTOR VEHICLE; OR

(II)  ATTEMPTS TO ALTER OR REMOVE OR ALTERS OR REMOVES THE VEHICLE IDENTIFICATION NUMBER.

(b)  AGGRAVATED MOTOR VEHICLE THEFT IS A CLASS 2 FELONY, REGARDLESS OF THE VALUE OF THE MOTOR VEHICLE INVOLVED.

(5)  IF A DEFENDANT IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF MOTOR VEHICLE THEFT OR AGGRAVATED MOTOR VEHICLE THEFT PURSUANT TO THIS SECTION, THE COURT SHALL SENTENCE THE DEFENDANT IN ACCORDANCE WITH SECTION 18­1­105 (9) (g).

SECTION 2. 18­1­105 (9), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

18­1­105. Felonies classified ­ presumptive penalties. (9) (g) (I)  IF THE DEFENDANT IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF MOTOR VEHICLE THEFT OR AGGRAVATED MOTOR VEHICLE THEFT UNDER SECTION 18­4­409, THE COURT SHALL BE REQUIRED TO SENTENCE THE DEFENDANT TO A TERM OF INCARCERATION.

(II)  IN NO CASE SHALL ANY DEFENDANT SENTENCED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (g) BE ELIGIBLE FOR SUSPENSION OF SENTENCE OR PROBATION. IN ADDITION TO A SENTENCE OF INCARCERATION, THE COURT MAY IMPOSE A FINE, BUT SUCH FINE SHALL NOT BE IN LIEU OF A SENTENCE OF INCARCERATION.

SECTION 3.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­122.  Appropriation to comply with section 2­2­703 ­ SB 98­ ___. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT SB 98­___, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY:

(a) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ___ DOLLARS ($ ).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ___ DOLLARS ($ ).

(b) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ___ DOLLARS ($ ).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ___ DOLLARS ($ ).

(c) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ___ DOLLARS ($ ).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ___ DOLLARS ($ ).

(d) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ___ DOLLARS ($ ).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ___ DOLLARS ($ ).

(e) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ___ DOLLARS ($ ).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ___ DOLLARS ($ ).

SECTION 4.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 5.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.