House Judiciary committee advances bill to make certain negligent driving deaths a felony

The House Judiciary Committee on Tuesday advanced Senate Bill 72, which sponsors say narrows a gap in Colorado law so prosecutors can charge criminally negligent homicide in some deaths caused by motorists.

Rep. Espinosa submitted the bill to the committee, saying it carves out a vehicle-specific subsection of the criminally negligent homicide statute and includes a habitual-offender provision and additional DUI penalties. "We are specifying elements of an offense that have previously not existed to ensure that the district attorneys know that they can and should prosecute these cases as criminally negligent homicide," Rep. Espinosa said.

Family members of people killed on Colorado roads urged passage. Terry Vogel, who identified herself as a bicycle-vulnerable-road-user and roadway-safety advocate, described the 2019 hit-and-run death of her husband and told lawmakers, "They need to be held accountable and they should be recognized, categorized, and penalized for the crimes that they are." Michael White, co-founder of the White Line, said the bill "does not create a new crime" but "clarifies that criminally negligent homicide is already in Colorado law" and gives prosecutors a felony option where the facts rise above careless driving.

Denver District Attorney John Walsh also testified in strong support, citing a record year for pedestrian deaths and saying SB72 "clarifies the law to make explicit that negligent homicide can properly be charged in deaths involving motor vehicles" as a class 5 felony. DA Michael Doherty (20th Judicial District) agreed that the change helps prosecutors calibrate charges without eliminating the misdemeanor careless-driving option.

In committee questioning, prosecutors said factors such as speed, running red lights, and impairment can distinguish cases where felony charges are appropriate. Rep. Rob Soper asked the DAs to describe the thought process for charging; DA Walsh answered that many elements — how fast someone was driving, whether traffic laws were disobeyed, and whether alcohol was involved — inform a charging decision.

Rep. Espinosa emphasized during her closing remarks that the bill retains the misdemeanor offense where appropriate and described the measure as a targeted clarification born of families' repeated reports that current charging options sometimes feel insufficient.

The committee approved a motion to send SB72 to the committee of the whole with a favorable recommendation. The clerk called roll on the motion; by recorded statements the chair announced the bill will proceed to the committee of the whole (roll-call statements indicated approximately 10 yes and 1 no).