Colorado found itself atop most lists of states with the highest car thefts and associated crimes in the last several years – record-breaking numbers that had been accumulating since 2020 and which put pressure on the governor and legislators to respond.

Notably, lawmakers, upon the urging of the governor, passed a law that made all car thefts a felony, decoupling the severity of the crime from the value of the car and tying it instead to behavior so that the penalty becomes more severe with repeat offenders.     

But lawmakers haven’t introduced a lot of bills devoted to auto theft this year.

Is that because the laws enacted are working?

Some say yes, while others argue the jury is still out, noting a big piece of the puzzle lies with how the courts handle car theft cases.

On the surface, the data appears to support officials who say the laws have had a significant effect on curbing car thefts.

Consider this: In 2023, statewide data show 38,223 car thefts, a decrease from a record high of 47,052 in 2022, which was the peak of a three-year trend, according to Colorado crime statistics. 

Dating back to 2020, at the height of the COVID-19 pandemic, car thefts statewide increased year in and year out. While in 2019, auto thefts were at around 22,000, by 2022, the cases had soared to more than 42,000.

Last year, the governor signed Senate Bill 097 and Senate Bill 257, which both received Republican and Democratic support. SB 097 toughened the penalty for auto theft, while SB 257 allocated funding to fight the crime.

In his state address that year, Gov. Jared Polis challenged legislators to pass tougher penalties on car theft, a plea that came less than two years after signing legislation that actually lowered the penalty for some car theft offenses. Polis in 2021 had 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.

In pushing for the two bills, the policymakers faced tremendous pressure, notably from the law enforcement community, to act. 

Between 2020 and 2023, Colorado law enforcement officials and district attorneys complained that penalties were too light, charges filed against suspects were being applied unfairly, and criminals were emboldened because accountability was almost nonexistent.

“Auto theft was and remains a significant issue for the state of Colorado. For a long time, we had the highest rate of car theft per capita in the nation,” said District Attorney Brian Mason of the 17th Judicial District.

‘A slap on the wrist’

Mason said thefts increased because of “discriminatory” laws on the books that “emboldened” criminals to keep doing what they were doing.

Before July 1, 2023, theft of a car valued at more than $2,000 was considered a felony but stealing a lesser-valued vehicle was considered a misdemeanor. That meant individuals who increasingly stole lower-value vehicles did not face additional penalties or charges, so long as they kept targeting those cars.

“That alone fueled the significant increase in car thefts,” Mason said. “(Car thieves) were essentially given a slap on the wrist solely based on a car’s value.”

With only misdemeanor charges being levied for theft of cheaper-valued cars, it changed why vehicles were being stolen in the first place, according to the Colorado Auto Theft Prevention Authority, a division of the Colorado State Patrol.

CATPA Program Assistant Cale Gould said that, at one time, cars were being stolen by young people out for a joy ride or by adults selling parts to a chop shop.

During the pandemic, car thefts “just exploded in Colorado, and we had to really grapple with what to do,” he said.

Suddenly, Gould said cars were being stolen to commit other crimes and often ditched later, with suspects eyeing to steal another car. Repeat offenders became a “huge” problem for the state, Gould said.

‘We are making a dent’

In response, a bipartisan group of lawmakers passed Senate Bill 097, which became law on July 1 last year.

Passing SB 097, Gould said, was probably one of the most important pieces of legislation to combat the problem.

Most importantly, the bill addressed value, leveling the playing field for all victims. Now, suspects face felony charges – no matter a car’s value, he noted. 

Mason said that, in the past, “Colorado laws lacked teeth.” That changed with SB 097, which gave district attorneys more power to charge repeat offenders and pursue more severe punishments for individuals accused of using the vehicles to commit other crimes, he said. The penalty in some of these cases could mean two to six years in prison, he noted. 

Sen. Rachel Zenzinger, the primary sponsor for SB 097, said after hearing about auto thefts and other problems for years, she set out to find a solution by going directly to the source. That meant working directly with district attorneys and law enforcement to understand the issue.

Zenzinger said she started by calling District Attorney Alexis King of the First Judicial District. The district lies within the boundaries of her legislative district. She quickly learned that Colorado was behind the times not only on car values but also the ability to punish repeat offenders, she said. 

“The arbitrary value (of a car) may not seem like a big deal, but I found it really is,” Zenzinger said. “The lesser valued cars are easier to steal, have less security and technology and belong to lower to middle-income families. Then, I found that district attorneys had no way to compound the crime, meaning a person could steal a car 50 times and be charged with a misdemeanor as if it was the first time.”

With the new law, Gould said counties can not only prosecute car thieves but also consider the extenuating circumstances – which means repeat offenders could face more charges.

Giving the bill some teeth, Zenzinger said she also wanted to ensure other factors in allowing charges to be filed, such as whether the car was used to commit other crimes, if someone was injured, and if excessive damage was done.

Gould said cars have been stolen to commit other crimes, such as stealing other property or doing drugs. In some cases, thieves use stolen cars to transport drugs, such as fentanyl, so even if the car is recovered, insurance companies have to total the vehicle because it is no longer safe to use.

Zenzinger, who is in her final term with the state legislature, said she knows this is just one step forward.

“Initially, it appears we are making a dent,” she said. “I am not under any illusions that this is the silver bullet, but it contributes to improving the problem.”

‘Lack of juvenile accountability’

Colorado Springs Police Commander Doug Trainer said last year was his first experience working directly with lawmakers to develop regulations that led to SB 097.

“Data matters and to come up with data to show if the legislative changes worked will take time,” Trainer said. “But I do believe the collaborative effort between lawmakers and law enforcement was important on this issue. (Lawmakers) must see where law enforcement is coming from for this to work.”

While happy with the work of the state legislature in 2023, Trainer said Colorado Springs is still not seeing a big difference, noting there are so many variables that affect the actual data.

While other jurisdictions are reporting significant decreases in car thefts for 2023, Colorado Springs saw an increase. In 2022, Colorado Springs reported 2,864 car thefts. In 2023, that number rose to 4,295.

Trainer noted that SB 097 addresses car value and repeat offenders, but only for adults. The law does not consider cars being stolen by juveniles.

“The highest volume of car thefts in our area is from juvenile suspects committing the crimes,” Trainer said. “There is a complete lack of juvenile accountability, and we need to go back to the (state) and collaborate on what to do about it.”

Zenzinger agreed that the bill does not include juvenile suspects, limiting how district attorneys can charge young suspects.

“Juvenile crimes are just treated differently,” she said. “They are not part of the same system, which is why they are not included in this bill.”

If juveniles are to be held more accountable, Zenzinger said it will have to be brought up by lawmakers next year.

A regional approach

Douglas County Sheriff Darren Weekly said he, too, is happy with the steps the state has taken to address auto theft. Weekly’s predecessor, former Sheriff Tony Spurlock, was outspoken about the issue for several years before the legislation was enacted.

Weekly, who was elected in 2022, said auto thefts in Douglas County are down 27%, noting that it’s not just the laws being passed but also the regional approach that all the of Denver metro departments is embracing to fight the battle.

“It is really a combination of things that I think are changing the tide,” Weekly said. “The general public is much more educated, and local law enforcement is really cracking down. My stance is, and always has been, we need to penalize criminal conduct.”

Gould agreed with Weekly, adding that SB 257, known as the Auto Theft Prevention Cash Fund, gave CATPA a one-year $5 million budget to increase awareness of auto thefts, implement programs to support victims, provide overtime funding to law enforcement agencies, implement a theft prosecution program, and upgrade auto theft tracking systems, such as license plate readers.

Weekly pointed to license plate readers as a game changer, which he said allowed his deputies to catch a car thief entering Douglas County from another jurisdiction in real-time and for a quicker response in recovering stolen vehicles and possibly preventing other crimes from being committed.

At least 60 cities and towns in Colorado are using license plate reader technology.

Gould called the efforts by CATPA a “macroscopic” effort, a strategy that seeks to address every region in the state based on specific needs. However, much of the funding and programs were created to target Denver and the metro area, which accounts for 70% of all the state’s car theft incidents, Gould said.

The city of Denver spends $600,000 per year to investigate auto theft, with more than 12,100 vehicles stolen in 2023, a 19% decrease from the year before.

With the one-year funding in SB 257 set to expire in July, Gould said he hopes the state sees the effectiveness of the prevention program and continues funding it.

Zenzinger, who serves on the Joint Budget Committee, said Gov. Polis’ office has already requested that the state budget include additional resources to combat car thefts. The senator said she and others support the plan but could not say how much funding might be allocated in 2024.

In the court’s hands

When new laws become official, it takes time to trickle completely through the state system. Law enforcement and district attorneys may have more power, but Adams County Sheriff Adam Sherman said the true test of the law’s effectiveness lies with the courts.

For that reason, Sherman is holding judgment on whether the laws are as effective as advertised.

Sherman said judges have oftentimes viewed car theft as a material crime without considering the true impact on victims, especially low-income families who rely on a car for work, get to childcare and survive.

Sherman said the work that law enforcement, CATPA, lawmakers, and district attorneys have put into crafting policy would be pointless if the state’s judges do not start imposing stiffer sentencing.

Sherman estimated it would take another six months to a year to get true data and determine if the laws are, indeed, working. 

Gould agreed, noting that part of CATPA’s duties in 2023 has not only worked closely with law enforcement but also communicated regularly with the judicial branch.

“We are still working to see how the shakeout is on the judicial side,” Gould said. “Adjudications are going to be pending for a while. It will take time to see how these cases will move through the courts.”