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ColoradoSB26-0722026 Regular SessionSenate

Increased Penalty for Vehicular Homicide & Assault

Sponsored By: Bob Marshall (Democratic), Cecelia Espenoza (Democratic), John Carson (Republican), Marc Snyder (Democratic)

Signed by Governor

Crimes, Corrections, & Enforcement

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 2 costs, 1 mixed.

Separate fatal phone-use offense is repealed

Colorado repeals the separate class 1 misdemeanor traffic offense for mobile-device use that directly causes someone's death. This removes that distinct offense, not other criminal charges that apply to the conduct. The repeal covers offenses committed on or after September 1, 2026, unless a referendum delays the effective date.

Serious driving offenses trigger license loss

Colorado must immediately revoke licenses or permits after receiving conviction records for vehicular homicide, vehicular assault, or motor-vehicle criminally negligent homicide. This includes minor drivers. Mandatory revocation also covers juveniles found delinquent for conduct equivalent to vehicular homicide or motor-vehicle criminally negligent homicide. Losing driving privileges can limit travel to work and household errands. These rules cover offenses committed on or after September 1, 2026, unless a referendum delays the effective date.

Stronger penalties for fatal negligent driving

Colorado explicitly treats driving with criminal negligence that directly causes someone's death as criminally negligent homicide, a class 5 felony. This conviction counts toward habitual-offender status, along with vehicular homicide, vehicular assault, and manslaughter arising from driving. The threshold remains three or more qualifying convictions from separate acts within seven years. The changes apply to offenses committed on or after September 1, 2026, unless a referendum delays that date. A referendum petition must be filed within 90 days after final adjournment. If voters approve the law in November 2026, it takes effect when the governor officially declares the vote.

Limits and duties for driver testing

People required to take chemical tests must cooperate; failure to cooperate counts as refusal. After refusal or failure to complete testing, physical restraint requires probable cause for motor-vehicle criminally negligent homicide, vehicular homicide, third-degree assault, or vehicular assault. A blood test can be required through the law's procedures after refusal. Involuntary blood-test evidence remains allowed in listed impaired-driving cases, intoxication-related vehicular homicide or assault cases, and third-degree assault cases. For criminally negligent homicide, both the restraint exception and the evidence rule now cover motor-vehicle cases only. These changes cover offenses committed on or after September 1, 2026, unless a referendum delays the effective date.

Sponsors & Cosponsors

Sponsors

  • Bob Marshall

    Democratic • House

  • Cecelia Espenoza

    Democratic • House

  • John Carson

    Republican • Senate

  • Marc Snyder

    Democratic • Senate

Cosponsors

  • Andrew Boesenecker

    Democratic • House

  • Amy Paschal

    Democratic • House

  • Chris Richardson

    Republican • House

  • Julie McCluskie

    Democratic • House

  • Monica Duran

    Democratic • House

  • Matt Soper

    Republican • House

  • Ryan Gonzalez

    Republican • House

  • Sheila Lieder

    Democratic • House

  • Barbara Kirkmeyer

    Republican • Senate

  • Byron Pelton

    Republican • Senate

  • Cleave Simpson

    Republican • Senate

  • Dylan Roberts

    Democratic • Senate

  • James Coleman

    Democratic • Senate

  • Janice Marchman

    Democratic • Senate

  • Kyle Mullica

    Democratic • Senate

  • Lisa Frizell

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 140 • No: 5

House vote • 5/13/2026

Third reading: Bill

Yes: 61 • No: 4

House vote • 5/11/2026

Refer Senate Bill 26-072 to the Committee of the Whole.

Yes: 10 • No: 1

Senate vote • 4/10/2026

Third reading: Bill

Yes: 31 • No: 0

Senate vote • 4/10/2026

Third reading: Amend

Yes: 31 • No: 0

Senate vote • 4/6/2026

Refer Senate Bill 26-072, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

Yes: 7 • No: 0

Actions Timeline

  1. Governor Signed

    5/28/2026House

  2. Signed by the President of the Senate

    5/21/2026Senate

  3. Signed by the Speaker of the House

    5/21/2026House

  4. Sent to the Governor

    5/21/2026House

  5. House Third Reading Passed - No Amendments

    5/13/2026House

  6. House Second Reading Special Order - Passed - No Amendments

    5/12/2026House

  7. House Committee on Judiciary Refer Unamended to House Committee of the Whole

    5/11/2026House

  8. Introduced In House - Assigned to Judiciary

    4/14/2026House

  9. Senate Third Reading Passed - No Amendments

    4/10/2026Senate

  10. Senate Second Reading Passed with Amendments - Committee

    4/9/2026Senate

  11. Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole

    4/6/2026Senate

  12. Introduced In Senate - Assigned to Judiciary

    1/28/2026Senate

Bill Text

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