District Attorneys' Council pushes for new law addressing auto thefts in Colorado

Prosecutors, law enforcement, and Colorado's governor have identified auto theft as a priority in the state's upcoming legislative session.

Colorado is number one in the country for the rate of stolen vehicles. Since 2019, auto theft in the Denver metro area has increased 152%. Every county, with the exception of Broomfield, has seen increased vehicle thefts compared to last year.

Prosecutors say the penalties simply aren't stiff enough. New data shows that 43% of people convicted of auto theft receive probation or a deferred sentence.

Gov. Jared Polis met with the Colorado District Attorneys' Council and told them addressing auto theft was one of his top priorities this upcoming legislative session. The governor's budget proposal includes $12.5 million to fund deputy district attorneys dedicated to auto theft cases.

"The fact that the governor of the State of Colorado is talking about helping locally funded prosecutors to address this problem is extraordinary and much appreciated," Boulder County District Attorney Michael Dougherty said. 

Auto theft cases are overwhelming many district attorney offices, which are funded primarily by county governments. District attorneys blame lenient sentencing in part.  

A law passed last year made thefts of cars worth $2,000 or less a misdemeanor. The district attorney council is pushing to make almost all auto theft felonies, regardless of the car's value.

17th Judicial District Attorney Brian Mason says the law discriminates against poor people.

"If somebody steals a 2022 Tesla they can get charged with a high-level felony but if they steal a 1995 or 2000 Honda Accord, it's going to be a misdemeanor. And who drives the Honda Accord? Someone with fewer means," Mason said. 

Mason says the law also makes it too easy for criminals to claim ignorance. Prosecutors have to prove a defendant knew the car was stolen. The district attorneys are pushing to change the wording to "reasonably should have known."

"So that car thieves can't get off based on a flimsy excuse," Mason said.

Despite the current wording of the law, 18th Judicial District Attorney John Kellner says district attorneys are aggressively prosecuting car thieves.

"We are filing more cases in the 18th than we've ever filed before for car theft," Kellner said. 

The District Attorneys' Council says 83% of those cases have resulted in convictions but most of the defendants receive probation or a deferred sentence and Kellner says many of them go on to commit other crimes. Nearly 40 percent of auto thefts are linked to violent crimes or drug crimes.

Kellner says, "One thing we consistently see with people stealing cars now is that they're using them to commit other crimes now. And not just possessing drugs but going on to let's say use that car to commit an aggravated robbery. To bust down the front of a store and steal an ATM from the inside." 

He says bond reform is also needed. Data from the 18th Judicial District shows, over the last three years, 60% of auto thieves released on public recognizance bonds reoffended within about 9 months, while 20% of those who received cash bonds did.

While the district attorneys agree the law needs to change, Dougherty says they are also committed to maintaining fairness.

"We're reacting in the moment to the crisis of the auto theft spike. But 5 or 10 years from now we shouldn't have to change the law again because adjusted too high or too far," Dougherty said. 

The district attorneys' council plans to carve out a misdemeanor for so-called joyride cases, in which a car is returned within 24 hours with no damage and no other crime being committed. 

Dougherty says the Colorado Bureau of Investigation also needs more resources to process DNA and fingerprints from stolen vehicles. While most cars are recovered, few thieves are apprehended.

This story was originally published on Dec. 16.