Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0744.01 Jacob Baus x2173
HOUSE BILL 22-1150
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE ELIMINATION OF SIGNATURE REQUIREMENTS FOR101
PERSONS WHO ARE ALLEGED TO HAVE VIOLATED CERTAIN102
OFFENSES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a defendant is required to execute the
defendant's signature on citations for a misdemeanor, petty offense,
misdemeanor traffic offense, or traffic infraction to signify agreement to
pay the penalties or appear in court.
The bill eliminates the defendant signature requirement.
HOUSE
3rd Reading Unamended
February 22, 2022
HOUSE
2nd Reading Unamended
February 18, 2022
HOUSE SPONSORSHIP
Bockenfeld and Exum, Snyder
SENATE SPONSORSHIP
Cooke and Fields,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-1705, amend2
(1) introductory portion, (1)(e), and (2) as follows:3
42-4-1705. Person arrested to be taken before the proper4
court. (1) Whenever a person is arrested for any violation of this article5
ARTICLE 4 punishable as a misdemeanor, the arrested person shall MUST6
be taken without unnecessary delay before a county judge who has7
jurisdiction of such offense as provided by law, in any of the following8
cases:9
(e) In any other event when the provisions of section 42-4-170110
(5)(b) and (5)(c) apply. and the person arrested refuses to give a written11
promise to appear in court as provided in section 42-4-1707.12
(2) Whenever any person is arrested by a police officer for any13
violation of this article ARTICLE 4 punishable as a misdemeanor and is not14
required to be taken before a county judge as provided in subsection (1)15
of this section, the arrested person shall MUST, in the discretion of the16
officer, either be given a written notice or summons to appear in court as17
provided in section 42-4-1707 or be taken without unnecessary delay18
before a county judge who has jurisdiction of such offense when the19
arrested person does not furnish satisfactory evidence of identity or when20
the officer has reasonable and probable grounds to believe the person will21
disregard a written promise to NOT appear in court. The court shall22
provide a bail bond schedule and available personnel to accept adequate23
security for such bail bonds.24
SECTION 2. In Colorado Revised Statutes, 42-4-1707, amend25
(3)(a) and (6) as follows:26
1150-2- 42-4-1707. Summons and complaint or penalty assessment1
notice for misdemeanors, petty offenses, and misdemeanor traffic2
offenses - release - registration. (3) (a) Whenever a penalty assessment3
notice for a misdemeanor, petty offense, or misdemeanor traffic offense4
is issued pursuant to section 42-4-1701 (5)(a), the penalty assessment5
notice that shall be served upon the defendant by the peace officer shall6
SERVES UPON THE DEFENDANT MUST contain the name and address of the7
defendant, the license number of the vehicle involved, if any, the number8
of the defendant's driver's license, if any, a citation of the statute alleged9
to have been violated, a brief description of the offense, the date and10
approximate location thereof OF THE OFFENSE, the amount of the penalty11
prescribed for the offense, the amount of the surcharges thereon pursuant12
to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S.,13
the number of points, if any, prescribed for the offense pursuant to section14
42-2-127, and the date the penalty assessment notice is served on the15
defendant; shall MUST direct the defendant to appear in a specified county16
court at a specified time and place in the event the penalty and surcharges17
thereon are not paid; shall MUST be signed by the peace officer; and shall18
MUST contain a place for the defendant to elect to execute a signed19
acknowledgment of guilt and an agreement to pay the penalty prescribed20
and surcharges thereon within twenty days, as well as such other21
information as may be required by law to constitute the penalty22
assessment notice to be a summons and complaint should IF the23
prescribed penalty and surcharges thereon ARE not be paid within the time24
allowed in section 42-4-1701.25
(6) If the defendant is otherwise eligible to be issued a summons26
and complaint or a penalty assessment notice for a violation of this title27
1150
-3- TITLE 42 punishable as a misdemeanor, petty offense, or misdemeanor1
traffic offense and if the defendant does not possess a valid Colorado2
driver's license, the defendant, in order to secure release, as provided in3
this section, must either consent to be taken by the officer to the nearest4
mailbox and to mail the amount of the penalty and surcharges thereon to5
the department or must execute a promise to appear in court on the6
penalty assessment notice or on the summons and complaint MUST7
RECEIVE INFORMATION ON THE PENALTY ASSESSMENT NOTICE OR8
SUMMONS AND COMPLAINT THAT DIRECTS THE DEFENDANT TO APPEAR AT9
A SPECIFIED COUNTY COURT AT A SPECIFIED TIME AND PLACE IN THE EVENT10
THE PENALTY AND SURCHARGES ARE NOT PAID WITHIN TWENTY DAYS , AND11
OTHER INFORMATION THAT MAY BE REQUIRED BY LAW TO CONSTITUTE THE12
PENALTY ASSESSMENT TO BE A SUMMONS AND COMPLAINT IF THE13
PRESCRIBED PENALTY AND SURCHARGES ARE NOT PAID WITHIN THE TIME14
ALLOWED IN SECTION 42-4-1701. If the defendant does possess a valid15
Colorado driver's license, the defendant shall MUST not be required to16
execute a promise to appear on the penalty assessment notice or on the17
summons and complaint. The peace officer shall not require any person18
who is eligible to be issued a summons and complaint or a penalty19
assessment notice for a violation of this title TITLE 42 to produce or20
divulge such person's social security number.21
SECTION 3. In Colorado Revised Statutes, 42-4-1709, amend22
(1) as follows:23
42-4-1709. Penalty assessment notice for traffic infractions -24
violations of provisions by officer - driver's license - definition.25
(1) Whenever a penalty assessment notice for a traffic infraction is issued26
pursuant to section 42-4-1701 (5)(a), the penalty assessment notice that27
1150
-4- shall be served upon the defendant by the peace officer shall SERVES1
UPON THE DEFENDANT MUST contain the name and address of the2
defendant, the license number of the vehicle involved, if any, the number3
of the defendant's driver's license, if any, a citation of the statute alleged4
to have been violated, a brief description of the traffic infraction, the date5
and approximate location thereof OF THE OFFENSE, the amount of the6
penalty prescribed for the traffic infraction, the amount of the surcharges7
thereon pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and8
24-33.5-415.6, C.R.S., the number of points, if any, prescribed for the9
traffic infraction pursuant to section 42-2-127, and the date the penalty10
assessment notice is served on the defendant; shall MUST direct the11
defendant to appear in a specified county court at a specified time and12
place in the event the penalty and surcharges thereon are not paid; shall13
MUST be signed by the peace officer; and shall MUST contain a place for14
the defendant to elect to execute a signed acknowledgment of liability and15
an agreement to pay the penalty prescribed and surcharges thereon within16
twenty days, as well as such other information as may be required by law17
to constitute the penalty assessment notice to be a summons and18
complaint should IF the prescribed penalty and surcharges thereon ARE19
not be paid within the time allowed in section 42-4-1701.20
SECTION 4. In Colorado Revised Statutes, amend 42-4-1711 as21
follows:22
42-4-1711. Compliance with appearance. A written promise to23
appear A DEFENDANT MAY COMPLY WITH A REQUIREMENT TO APPEAR in24
court may be complied with by THROUGH an appearance by counsel.25
SECTION 5. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
1150
-5- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2022 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
1150
-6-