The mayors of Colorado’s three largest cities had a wish list for the 2023 legislative session:

• Ban ghost guns
• Increase the number of juvenile detention beds
• Make it a crime for someone to possess a weapon who has been convicted of car theft and drug dealing; and,
• Change the penalty for motor vehicle theft and use technology, such as license plate readers, to help identify stolen vehicles

On Friday, Gov. Jared Polis signed three of those bills into law, banning ghost guns (Senate Bill 279), changing the penalty on motor vehicle theft (Senate Bill 97) and funding technology enhancement tied to motor vehicle theft (Senate Bill 257).

A bill to ban possession of a weapon by someone convicted of car theft died in committee, while the bill increasing juvenile detention beds (House Bill 1307) awaits Polis’ signature.

Previously, state law tied the severity of criminal offenses for auto thefts in Colorado to the value of the stolen vehicle – ranging from a class 1 misdemeanor for a car worth $2,000 or less to a class 3 felony for a car worth $100,000 or more. Senate Bill 97 removes the value-based system and make all auto thefts felonies.

Joined by chiefs of police, district attorneys and bill sponsors, Polis said the value of the vehicle stolen should not affect the criminal charge. It is just as grave an offense to steal from someone who doesn’t have the means to buy a more expensive car, and “differential sentencing creates a perverse incentive,” the governor said. 

SB 97 reverses decades of state law that decreased the penalties for auto vehicle theft based on the car’s value, a recommendation from the Colorado Commission on Criminal and Juvenile Justice.

It is the final work of the commission, as Democratic lawmakers in the House rejected a measure in the 2023 session to continue the commission for another five years.

The bill’s supporters hope that increasing the penalty for auto theft would deter criminals from committing the crime, while opponents argue that charging thieves with harsher offenses will not deter theft if the criminals are not getting arrested in the first place.

Approximately 40,000 vehicles were stolen in Colorado in 2022 but only around 3,900 arrests were made, representing less than 10% of stolen vehicles resulting in an arrest, according to data from the Colorado Auto Theft Prevention Authority presented by lawmakers. Of those arrests, approximately 80% were charged as felonies.

Meanwhile, SB 257 sets aside $5 million to implement programs on statewide education, prosecution and support for victims, as well as cover additional overtime for law enforcement agencies and enhance and upgrade auto theft tracking, including technology, such as license plate readers.