HOUSE BILL 22-1150
BY REPRESENTATIVE(S) Bockenfeld and Exum, Snyder, Gray, Kipp,
Lindsay, Ricks;
also SENATOR(S) Cooke and Fields, Gonzales, Lee
.
C
ONCERNING THE ELIMINATION OF SIGNATURE REQUIREMENTS FOR PERSONS
WHO ARE ALLEGED TO HAVE VIOLATED CERTAIN OFFENSES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-1705, amend (1)
introductory portion, (1)(e), and (2) as follows:
42-4-1705. Person arrested to be taken before the proper court.
(1) Whenever a person is arrested for any violation of this article
ARTICLE
4 punishable as a misdemeanor, the arrested person shall MUST be taken
without unnecessary delay before a county judge who has jurisdiction of
such offense as provided by law, in any of the following cases:
(e) In any other event when the provisions of section 42-4-1701
(5)(b) and (5)(c) apply. and the person arrested refuses to give a written
promise to appear in court as provided in section 42-4-1707.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (2) Whenever any person is arrested by a police officer for any
violation of this article ARTICLE 4 punishable as a misdemeanor and is not
required to be taken before a county judge as provided in subsection (1) of
this section, the arrested person shall
MUST, in the discretion of the officer,
either be given a written notice or summons to appear in court as provided
in section 42-4-1707 or be taken without unnecessary delay before a county
judge who has jurisdiction of such offense when the arrested person does
not furnish satisfactory evidence of identity or when the officer has
reasonable and probable grounds to believe the person will disregard a
written promise to NOT appear in court. The court shall provide a bail bond
schedule and available personnel to accept adequate security for such bail
bonds.
SECTION 2. In Colorado Revised Statutes, 42-4-1707, amend
(3)(a) and (6) as follows:
42-4-1707. Summons and complaint or penalty assessment
notice for misdemeanors, petty offenses, and misdemeanor traffic
offenses - release - registration. (3) (a) Whenever a penalty assessment
notice for a misdemeanor, petty offense, or misdemeanor traffic offense is
issued pursuant to section 42-4-1701 (5)(a), the penalty assessment notice
that shall be served upon the defendant by
the peace officer shall SERVES
UPON THE DEFENDANT MUST
contain the name and address of the defendant,
the license number of the vehicle involved, if any, the number of the
defendant's driver's license, if any, a citation of the statute alleged to have
been violated, a brief description of the offense, the date and approximate
location thereof
OF THE OFFENSE, the amount of the penalty prescribed for
the offense, the amount of the surcharges thereon pursuant to sections
24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S., the number of
points, if any, prescribed for the offense pursuant to section 42-2-127, and
the date the penalty assessment notice is served on the defendant; shall
MUST direct the defendant to appear in a specified county court at a
specified time and place in the event the penalty and surcharges thereon are
not paid; shall MUST be signed by the peace officer; and shall MUST contain
a place for the defendant to elect to execute a signed acknowledgment of
guilt and an agreement to pay the penalty prescribed and surcharges thereon
within twenty days, as well as such other information as may be required by
law to constitute the penalty assessment notice to be a summons and
complaint should
IF the prescribed penalty and surcharges thereon ARE not
be paid within the time allowed in section 42-4-1701.
PAGE 2-HOUSE BILL 22-1150 (6) If the defendant is otherwise eligible to be issued a summons and
complaint or a penalty assessment notice for a violation of this title TITLE
42 punishable as a misdemeanor, petty offense, or misdemeanor traffic offense and if the defendant does not possess a valid Colorado driver's license, the defendant, in order to secure release, as provided in this section,
must either consent to be taken by the officer to the nearest mailbox and to
mail the amount of the penalty and surcharges thereon to the department or
must execute a promise to appear in court on the penalty assessment notice
or on the summons and complaint MUST RECEIVE INFORMATION ON THE
PENALTY ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT THAT DIRECTS
THE DEFENDANT TO APPEAR AT A SPECIFIED COUNTY COURT AT A SPECIFIED
TIME AND PLACE IN THE EVENT THE PENALTY AND SURCHARGES ARE NOT
PAID
, AND OTHER INFORMATION THAT MAY BE REQUIRED BY LAW TO
CONSTITUTE THE PENALTY ASSESSMENT TO BE A SUMMONS AND COMPLAINT
IF THE PRESCRIBED PENALTY AND SURCHARGES ARE NOT PAID WITHIN THE
TIME ALLOWED IN SECTION
42-4-1701. If the defendant does possess a valid
Colorado driver's license, the defendant shall
MUST not be required to
execute a promise to appear on the penalty assessment notice or on the
summons and complaint. The peace officer shall not require any person who
is eligible to be issued a summons and complaint or a penalty assessment
notice for a violation of this title
TITLE 42 to produce or divulge such
person's social security number.
SECTION 3. In Colorado Revised Statutes, 42-4-1709, amend (1)
as follows:
42-4-1709. Penalty assessment notice for traffic infractions -
violations of provisions by officer - driver's license - definition.
(1) Whenever a penalty assessment notice for a traffic infraction is issued
pursuant to section 42-4-1701 (5)(a), the penalty assessment notice that
shall be served upon the defendant by
the peace officer shall SERVES UPON
THE DEFENDANT MUST
contain the name and address of the defendant, the
license number of the vehicle involved, if any, the number of the
defendant's driver's license, if any, a citation of the statute alleged to have
been violated, a brief description of the traffic infraction, the date and
approximate location thereof
OF THE OFFENSE, the amount of the penalty
prescribed for the traffic infraction, the amount of the surcharges thereon
pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6,
C.R.S., the number of points, if any, prescribed for the traffic infraction
pursuant to section 42-2-127, and the date the penalty assessment notice is
PAGE 3-HOUSE BILL 22-1150 served on the defendant; shall MUST direct the defendant to appear in a
specified county court at a specified time and place in the event the penalty
and surcharges thereon
are not paid; shall MUST be signed by the peace
officer; and shall MUST contain a place for the defendant to elect to execute
a signed acknowledgment of liability and an agreement to pay the penalty
prescribed and surcharges thereon within twenty days, as well as such other
information as may be required by law to constitute the penalty assessment
notice to be a summons and complaint should
IF the prescribed penalty and
surcharges thereon ARE not be paid within the time allowed in section
42-4-1701.
SECTION 4. In Colorado Revised Statutes, amend 42-4-1711 as
follows:
42-4-1711. Compliance with appearance. A written promise to
appear A DEFENDANT MAY COMPLY WITH A REQUIREMENT TO APPEAR in
court may be complied with by THROUGH an appearance by counsel.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 22-1150 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 22-1150