State legislature undoes its own criminal damage | SENGENBERGER


Several Democrats and Republicans in the General Assembly are leading an essential effort to strengthen laws against surging motor vehicle theft in Colorado. This follows a call from Gov. Jared Polis in his State of the State address to “get tough on auto theft sentencing.” It’s about time.
As a three-time victim of auto theft myself, I’m glad legislators are finally taking up the task of remedying their own harm – inflicted through numerous soft-on-crime bills – and addressing Colorado’s status as No. 1 in the nation for motor vehicle thefts.
Senate Bill 23-097 will sever the connection between the penalty for stealing a car and the value of the vehicle – and restore all car thefts to being considered felonies.
As 18th Judicial District Attorney John Kellner pointed out on Colorado Point of View this weekend, the sliding scale tying penalties to a car’s value under current law “doesn’t make sense.” With this legislation, Kellner added, “we are looking at the entirety of the crime, not just the value of the car that was stolen.”
Rather than considering a car’s value in determining penalties, a thief’s criminal history will be the key sentencing factor. First-time offenders could find themselves in prison for three years. Critically, it will boost potential sentences for repeat offenders to up to 12 years in prison.
Furthermore, if the vehicle is used to commit another crime the penalties could go up to six years – especially important since law enforcement officers attest motor vehicle thefts are frequently used to commit other crimes, especially drug-related or robberies.
This is a start. But, as Kellner noted, it’s only step one.
“This bill is gonna go a little ways toward giving law enforcement tools for us to hold these people more accountable. But it’s not gonna solve this problem entirely,” he said. “Whether or not car thieves are actually looking up the Kelly Blue Book value of a car before they steal it, that’s not happening. What we’re doing here is making the justice system more just and more fair to the victims of these crimes.”
This is a crucial point. As I’ve written about before, when a car is stolen, it’s not just a property crime after which insurance steps in to help. It can turn lives upside down. An auto theft is deeply invasive and personally violative. Think about how much time we spend in our vehicles and what we do with them.
Auto theft is expensive, especially if insurance doesn’t cover everything or you had things inside that aren’t covered or have personal value. The stress toll can be unbearable, especially if your family relies on only one car. The poorest among us are hurt the most, as their car is often their most valuable asset. A potentially violent theft can be deadly.
As SB97 cosponsor Sen. Rachel Zenzinger said in a statement issued by Senate Democrats, “a stolen car represents much more than stolen property – it impacts people’s ability to get to work, shop for groceries, and live their daily lives.”
Absolutely – I’m glad legislators are finally catching up.
But let’s be real: If they pass this necessary bill, Democrats will only deserve so much credit. That’s because the legislation is yet another effort to undo some of the damage they’ve already inflicted through past legislation.
Though the relationship between penalties for motor vehicle theft and the value of the stolen car traces back to the mid-2000s, legislators made it especially worse in 2021. As Tuesday’s Gazette editorial recalls, “the 2021 law driven by justice-reform dogma actually went so far as to make the theft of a vehicle valued under $2,000 a mere misdemeanor.” Polis signed this bill into law.
In 2014, legislators weakened Colorado laws to reduce penalties for motor vehicle thefts. In the past few years, Democrats have changed state laws such that law enforcement and prosecutors were effectively handcuffed instead of criminals. Consequently, officer enrollment has declined.
If SB97 passes – as it must – it won’t be the first time Democrats undid a law they recklessly put in place only recently. For example, last year, legislators passed a law to strengthen penalties for possession and sale of the deadly synthetic drug fentanyl. Though it didn’t go far enough, it was nevertheless an about-face from the 2019 law which dramatically weakened Colorado’s drug laws.
On my 710KNUS radio show, Senate Republican leader Paul Lundeen discussed the importance of striking “balance” in pursuing police reforms while protecting communities against rising crime. The balance he advocates should have been the goal from the start.
By passing their fentanyl fix-it legislation, Democrats effectively admitted to legislative malpractice – that they’d passed an imbalanced law which made the problem worse. Now, with SB97 and whatever comes next, they are conceding the same point on auto theft.
Some may praise their willingness to admit mistakes and take corrective action. That argument works on some things – but not on crime. Whether it’s skyrocketing motor vehicle thefts, hard drug use, robberies, the list goes on – these crimes have dramatic and everlasting impacts on lives and communities in real-time.
Opponents of the original bills warned of the consequences. Proponents ignored those warnings – which have since become reality. Legislators are just starting to pick up the pieces of their broken policies.
Jimmy Sengenberger is an investigative journalist, public speaker, and host of “The Jimmy Sengenberger Show” Saturdays from 6 a.m. to 9 a.m. on News/Talk 710 KNUS. Reach Jimmy online at JimmySengenberger.com or on Twitter @SengCenter.