Gov. Jared Polis on Tuesday challenged Colorado’s legislators to pass tougher penalties on car theft, noting the crime has directly affected both policymakers and members of the public alike.

The governor’s plea to the legislature came less than two years after signing legislation that lowered the penalty for some car theft offenses. Polis in 2021 approved legislation that overhauled Colorado’s misdemeanor laws, whose provisions included making it a Class 1 misdemeanor to steal a car if its value is less than $2,000.

While he didn’t specifically cite this provision during his state of the state address, the governor had it in mind when he urged lawmakers to crack down on auto theft, a reversal of the animating spirit behind the 2021 law.  

“This is an issue that has affected some of you in this room and so many of our fellow Coloradans, and I look forward to working with all of you to find an effective solution,” the governor said in his state address before the General Assembly.

Polis noted that he had called on the Commission on Criminal and Juvenile Justice to “get tough on auto theft sentencing.” Last week, he added, the commission’s sentencing task force “moved that recommendation forward overwhelmingly.”

“I look forward to seeing the General Assembly take up this important recommendation,” he said.

The governor’s stance on car theft stands in sharp contrast to the prevailing sentiment among Democrats, who, broadly speaking, favor scaling back criminal penalties in favor of strategies that help people convicted of crime rejoin society.

Colorado is among the worst in the nation when it comes to car theft. Car theft in Denver, for example, is second-highest in America, while three other Colorado cities rank in the Top 10, according to a study by the Common Sense Institute. Car thefts are on track to exceed 48,000 in 2022, while arson, robbery and vandalism also continue to spike, said the study, which cited FBI statistics.

Law enforcement leaders, policymakers and criminologists remain divided on the causes of the spike in car theft – and they also diverge on the right prescription to it. Some argue that people steal cars over and over again because pretrial-release practices and state penalties for car thefts are too lenient. Others counter that penalties themselves don’t act as a deterrent and insist the COVID-19 pandemic created a perfect storm of circumstances that made a ripe incubator for car thefts.

By calling for tougher penalties, Polis has effectively planted himself on the side that believes current car theft penalties are too lenient.

During his state address, Polis touted the work by local officials – he acknowledged the attendance of Colorado Springs Mayor John Suthers, Aurora Mayor Mike Coffman, and Acting Mayor Laura Aldrete, who showed on behalf of Denver Mayor Michael Hancock – in tackling crime.

The mayors, he said, have helped to identify tools to successfully fight crime in their communities and “together we want the state to step up and be a more constructive partner in this work.”

Aurora, for one, approved what may be the strictest penalties in the state for car theft – penalties that include a mandatory minimum jail sentence of 60 days, going up to 120 days for repeat offenses. The city also adopted tougher penalties for stealing essential vehicle parts, including catalytic converters, of up to 364 days in jail and a maximum $2,650 fine. State law caps jail sentence for violating municipal ordinances at 364 days.

The legislature, in fact, has moved to roll back some of the elements of the 2021 law. For example, the 2021 law narrowed down from hundreds the number of felony offenses under which a person, if convicted of that prior crime, would face additional penalties for possessing a gun to only charges identified in the Colorado’s Victim Rights Act. The latter includes about 50 of the most heinous and violent crimes, such as murder and rape. 

House Bill 22-1257, which the legislature passed and the governor signed last April, added about 60 felony offenses – notably sexual exploitation of a child on the internet or operating a child prostitution ring; arson; and, human smuggling – back to the list of convictions that make it illegal for a person to own a gun.

Polis has called auto theft a “devastating property crime” and “frequently a precursor crime” used to commit violence and other offenses.

In his letter to the Colorado Commission on Criminal and Juvenile Justice last year, Polis said he wants the body to examine changes to auto theft sentencing “so that the repeat offenders and the most egregious perpetrators cannot easily return to communities to further inflict harm on the people of Colorado.”

“Auto theft is devastating property crime for those affected, who often lose their only way to get to work or get to the store. In addition, it is frequently a precursor crime that is often used in the furtherance of violence and other crimes. Enhancing the penalties associated with auto theft, regardless of the value of the vehicle stolen, has the potential to make us safer and improve the quality of life in Colorado,” he said.

Polis told the commission it should “especially revisit” the criminal classification of auto theft based on the monetary value of a stolen vehicle. The severity of the crime should be based, he said, on prior offenses, specifically targeting “prolific auto thieves.”

“This is a top priority of mine, and even if the commission does not come forward with recommendations this year, I will look to work with the legislature to enact reforms in this area in the upcoming session,” he said.