A proposal to make nearly all car thefts a felony-level crime cleared its first hurdle in the state legislature, even as lawmakers questioned if the measure went far enough in deterring crime.

Instead, sponsors of the bill, SB23-097, argued it’s a matter of equity for victims of car theft. Current state law uses car value as a threshold for if the offense is a felony or a misdemeanor.

“I know this bill isn’t going to make a significant impact in deterring criminals, but who it will make a significant impact on are the victims,” state Sen. Rachel Zenzinger, an Arvada Democrat, said. “… It’s a provision of our law that just doesn’t make sense.”

Zenzinger is sponsoring the bill with Republican state Sen. Bob Gardner of Colorado Springs. They introduced the measure as Colorado rocketed to the top of some lists of most per-capita car thefts in the country. According to the Colorado Commission on Criminal and Juvenile Justice, auto thefts in Colorado rose 86% between 2019 and 2021.

The bill won unanimous — if tepid — approval from the five-member, Democrat-led Senate Judiciary Committee. Sen. Julie Gonzales and Robert Rodriguez, both Democrats, couched their votes as closer to neutral than supportive.

Gonzales, who chairs the committee, questioned testifying law enforcement about how many car thefts are typically solved and breakdowns of youth versus adults arrested in connection with the crimes. She also highlighted the nonpartisan fiscal analysis that estimated a $12 million cost to the Department of Corrections over five years if it becomes law, with another $27.6 million in associated construction costs for more prison beds.

Gonzales, citing Colorado State Patrol, said about 40,000 vehicles were reported stolen in Colorado last year, while about 3,900 arrests were made. About 80% of those arrests already result in felony charges, Gonzales said. She is a member of the criminal justice commission that reviewed penalty recommendations for car thefts.

Gonzales said she knows of at least two occasions where people tried to break into her car, and said she and local law enforcement share frustrations about the crime. But the bill seems aimed at post-arrest, and not preventing the crimes.

“This bill seems to me to be quite downstream, because we are talking about the penalties once an arrest has been made, as opposed to addressing the upstream issues and challenges,” Gonzales said. She cast her vote with a sideways thumb, though clarified it was an aye.

Brian Mason, the district attorney for Adams and Broomfield counties, highlighted another provision of the bill to make it easier to prosecute auto thefts. Current law requires law enforcement to prove the person knew they had a stolen car to prosecute it — which is often sidestepped by people saying they borrowed the vehicle without knowing it was stolen.

The proposal clarifies that it’s a crime if the person knows or should have reasonably known the car was stolen. That will help increase the solve rate of auto thefts and prosecute the perpetrators, Mason said.

“You’re absolutely right that we’re not solving these cases and this bill isn’t going to fix that,” Mason said. “I think it’s going to help.”

But Gonzales noted the difference between that piece leading to more convictions — not necessarily more arrests. Mason agreed with the sentiment.

Gardner, the Republican co-sponsor, said that some have characterized the bill — which would make auto theft a felony, even of a car valued at less than $2,000 — as just a message to voters that the issue is being taken seriously regardless of tangible effects. Instead of brushing it off as criticism, Gardner leaned into the characterization.

Yes, it is a message to constituents about what the General Assembly believes and what they believe Colorado should be, Gardner said. It sends a message that if car thieves are caught, they’ll face consequences — a specific message of deterrence, he argued. And it tells other branches of government that the General Assembly wants these crimes taken seriously.

“I don’t have any illusions that this will solve the problem altogether,” Garnder said. “But we have to begin somewhere, and we have to make a statement some time. And it needs to be a clear one.”