In re People v. Camp; In re People v. Simons.

2025 CO 64. Nos. 24SA276, 24SA308, and 24SA309. Preemption—Municipal Government—Criminal Law—Penalties.

December 22, 2025

The supreme court reviewed whether state law preempts municipal law when setting maximum sentences for certain non-felony offenses. Specifically, it considered whether home-rule municipalities may sentence offenders in excess of the statutory sentencing caps in CRS §§ 18-1.3-501(1)(a.5) and -503(1.5) when the offender violates a municipal ordinance that corresponds to a state offense prohibiting identical conduct. Applying a preemption analysis, the court held that when a municipal ordinance and a state statute prohibit identical conduct, the municipal penalties for such conduct may not exceed the corresponding state penalties for that conduct. Accordingly, while an individual may be prosecuted in municipal court for their ordinance violation, they may not be subjected to penalties that exceed the state caps for the corresponding offenses. The court made the orders to show cause absolute and remanded for further proceedings.