Colorado 2022 Regular Session

Colorado House Bill HB1150 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0744.01 Jacob Baus x2173
1	8		HOUSE BILL 22-1150
2		-	BY REPRESENTATIVE(S) Bockenfeld and Exum, Snyder, Gray, Kipp,
3		-	Lindsay, Ricks;
4		-	also SENATOR(S) Cooke and Fields, Gonzales, Lee
5		-	.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING THE ELIMINATION OF SIGNATURE REQUIREMENTS FOR PERSONS
8		-	WHO ARE ALLEGED TO HAVE VIOLATED CERTAIN OFFENSES
9		-	.
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, 42-4-1705, amend (1)
12		-	introductory portion, (1)(e), and (2) as follows:
13		-	42-4-1705. Person arrested to be taken before the proper court.
14		-	(1) Whenever a person is arrested for any violation of this article
15		-	ARTICLE
16		-	4 punishable as a misdemeanor, the arrested person shall MUST be taken
17		-	without unnecessary delay before a county judge who has jurisdiction of
18		-	such offense as provided by law, in any of the following cases:
19		-	(e) In any other event when the provisions of section 42-4-1701
20		-	(5)(b) and (5)(c) apply. and the person arrested refuses to give a written
21		-	promise to appear in court as provided in section 42-4-1707.
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. (2) Whenever any person is arrested by a police officer for any
30		-	violation of this article ARTICLE 4 punishable as a misdemeanor and is not
31		-	required to be taken before a county judge as provided in subsection (1) of
32		-	this section, the arrested person shall
33		-	MUST, in the discretion of the officer,
34		-	either be given a written notice or summons to appear in court as provided
35		-	in section 42-4-1707 or be taken without unnecessary delay before a county
36		-	judge who has jurisdiction of such offense when the arrested person does
37		-	not furnish satisfactory evidence of identity or when the officer has
38		-	reasonable and probable grounds to believe the person will disregard a
39		-	written promise to NOT appear in court. The court shall provide a bail bond
40		-	schedule and available personnel to accept adequate security for such bail
41		-	bonds.
42		-	SECTION 2. In Colorado Revised Statutes, 42-4-1707, amend
43		-	(3)(a) and (6) as follows:
44		-	42-4-1707. Summons and complaint or penalty assessment
45		-	notice for misdemeanors, petty offenses, and misdemeanor traffic
46		-	offenses - release - registration. (3) (a) Whenever a penalty assessment
47		-	notice for a misdemeanor, petty offense, or misdemeanor traffic offense is
48		-	issued pursuant to section 42-4-1701 (5)(a), the penalty assessment notice
49		-	that shall be served upon the defendant by
50		-	the peace officer shall SERVES
51		-	UPON THE DEFENDANT MUST
52		-	contain the name and address of the defendant,
53		-	the license number of the vehicle involved, if any, the number of the
54		-	defendant's driver's license, if any, a citation of the statute alleged to have
55		-	been violated, a brief description of the offense, the date and approximate
56		-	location thereof
57		-	OF THE OFFENSE, the amount of the penalty prescribed for
58		-	the offense, the amount of the surcharges thereon pursuant to sections
59		-	24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S., the number of
60		-	points, if any, prescribed for the offense pursuant to section 42-2-127, and
61		-	the date the penalty assessment notice is served on the defendant; shall
62		-	MUST direct the defendant to appear in a specified county court at a
63		-	specified time and place in the event the penalty and surcharges thereon are
64		-	not paid; shall MUST be signed by the peace officer; and shall MUST contain
65		-	a place for the defendant to elect to execute a signed acknowledgment of
66		-	guilt and an agreement to pay the penalty prescribed and surcharges thereon
67		-	within twenty days, as well as such other information as may be required by
68		-	law to constitute the penalty assessment notice to be a summons and
69		-	complaint should
70		-	IF the prescribed penalty and surcharges thereon ARE not
71		-	be paid within the time allowed in section 42-4-1701.
72		-	PAGE 2-HOUSE BILL 22-1150 (6) If the defendant is otherwise eligible to be issued a summons and
73		-	complaint or a penalty assessment notice for a violation of this title TITLE
74		-	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,
75		-	must either consent to be taken by the officer to the nearest mailbox and to
76		-	mail the amount of the penalty and surcharges thereon to the department or
77		-	must execute a promise to appear in court on the penalty assessment notice
78		-	or on the summons and complaint MUST RECEIVE INFORMATION ON THE
79		-	PENALTY ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT THAT DIRECTS
80		-	THE DEFENDANT TO APPEAR AT A SPECIFIED COUNTY COURT AT A SPECIFIED
81		-	TIME AND PLACE IN THE EVENT THE PENALTY AND SURCHARGES ARE NOT
82		-	PAID
83		-	, AND OTHER INFORMATION THAT MAY BE REQUIRED BY LAW TO
84		-	CONSTITUTE THE PENALTY ASSESSMENT TO BE A SUMMONS AND COMPLAINT
85		-	IF THE PRESCRIBED PENALTY AND SURCHARGES ARE NOT PAID WITHIN THE
86		-	TIME ALLOWED IN SECTION
87		-	42-4-1701. If the defendant does possess a valid
88		-	Colorado driver's license, the defendant shall
89		-	MUST not be required to
90		-	execute a promise to appear on the penalty assessment notice or on the
91		-	summons and complaint. The peace officer shall not require any person who
92		-	is eligible to be issued a summons and complaint or a penalty assessment
93		-	notice for a violation of this title
94		-	TITLE 42 to produce or divulge such
95		-	person's social security number.
96		-	SECTION 3. In Colorado Revised Statutes, 42-4-1709, amend (1)
97		-	as follows:
98		-	42-4-1709. Penalty assessment notice for traffic infractions -
99		-	violations of provisions by officer - driver's license - definition.
100		-	(1) Whenever a penalty assessment notice for a traffic infraction is issued
101		-	pursuant to section 42-4-1701 (5)(a), the penalty assessment notice that
102		-	shall be served upon the defendant by
103		-	the peace officer shall SERVES UPON
104		-	THE DEFENDANT MUST
105		-	contain the name and address of the defendant, the
106		-	license number of the vehicle involved, if any, the number of the
107		-	defendant's driver's license, if any, a citation of the statute alleged to have
108		-	been violated, a brief description of the traffic infraction, the date and
109		-	approximate location thereof
110		-	OF THE OFFENSE, the amount of the penalty
111		-	prescribed for the traffic infraction, the amount of the surcharges thereon
112		-	pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6,
113		-	C.R.S., the number of points, if any, prescribed for the traffic infraction
114		-	pursuant to section 42-2-127, and the date the penalty assessment notice is
115		-	PAGE 3-HOUSE BILL 22-1150 served on the defendant; shall MUST direct the defendant to appear in a
116		-	specified county court at a specified time and place in the event the penalty
117		-	and surcharges thereon
118		-	are not paid; shall MUST be signed by the peace
119		-	officer; and shall MUST contain a place for the defendant to elect to execute
120		-	a signed acknowledgment of liability and an agreement to pay the penalty
121		-	prescribed and surcharges thereon within twenty days, as well as such other
122		-	information as may be required by law to constitute the penalty assessment
123		-	notice to be a summons and complaint should
124		-	IF the prescribed penalty and
125		-	surcharges thereon ARE not be paid within the time allowed in section
126		-	42-4-1701.
127		-	SECTION 4. In Colorado Revised Statutes, amend 42-4-1711 as
128		-	follows:
129		-	42-4-1711. Compliance with appearance. A written promise to
130		-	appear A DEFENDANT MAY COMPLY WITH A REQUIREMENT TO APPEAR in
131		-	court may be complied with by THROUGH an appearance by counsel.
132		-	SECTION 5. Act subject to petition - effective date. This act
133		-	takes effect at 12:01 a.m. on the day following the expiration of the
134		-	ninety-day period after final adjournment of the general assembly; except
135		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
136		-	of the state constitution against this act or an item, section, or part of this act
137		-	within such period, then the act, item, section, or part will not take effect
138		-	unless approved by the people at the general election to be held in
139		-	PAGE 4-HOUSE BILL 22-1150 November 2022 and, in such case, will take effect on the date of the official
140		-	declaration of the vote thereon by the governor.
141		-	____________________________ ____________________________
142		-	Alec Garnett Steve Fenberg
143		-	SPEAKER OF THE HOUSE PRESIDENT OF
144		-	OF REPRESENTATIVES THE SENATE
145		-	____________________________ ____________________________
146		-	Robin Jones Cindi L. Markwell
147		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
148		-	OF REPRESENTATIVES THE SENATE
149		-	APPROVED________________________________________
150		-	(Date and Time)
151		-	_________________________________________
152		-	Jared S. Polis
153		-	GOVERNOR OF THE STATE OF COLORADO
154		-	PAGE 5-HOUSE BILL 22-1150
	13	+	ONCERNING THE ELIMINATION OF SIGNATURE REQUIREMENTS FOR101
	14	+	PERSONS WHO ARE ALLEGED TO HAVE VIOLATED CERTAIN102
	15	+	OFFENSES.103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Under current law, a defendant is required to execute the
	24	+	defendant's signature on citations for a misdemeanor, petty offense,
	25	+	misdemeanor traffic offense, or traffic infraction to signify agreement to
	26	+	pay the penalties or appear in court.
	27	+	The bill eliminates the defendant signature requirement.
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 14, 2022
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	March 11, 2022
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 22, 2022
	37	+	HOUSE
	38	+	2nd Reading Unamended
	39	+	February 18, 2022
	40	+	HOUSE SPONSORSHIP
	41	+	Bockenfeld and Exum, Snyder
	42	+	SENATE SPONSORSHIP
	43	+	Cooke and Fields, Gonzales, Lee
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	46	+	Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
	47	+	SECTION 1. In Colorado Revised Statutes, 42-4-1705, amend2
	48	+	(1) introductory portion, (1)(e), and (2) as follows:3
	49	+	42-4-1705. Person arrested to be taken before the proper4
	50	+	court. (1) Whenever a person is arrested for any violation of this article5
	51	+	ARTICLE 4 punishable as a misdemeanor, the arrested person shall MUST6
	52	+	be taken without unnecessary delay before a county judge who has7
	53	+	jurisdiction of such offense as provided by law, in any of the following8
	54	+	cases:9
	55	+	(e) In any other event when the provisions of section 42-4-170110
	56	+	(5)(b) and (5)(c) apply. and the person arrested refuses to give a written11
	57	+	promise to appear in court as provided in section 42-4-1707.12
	58	+	(2) Whenever any person is arrested by a police officer for any13
	59	+	violation of this article ARTICLE 4 punishable as a misdemeanor and is not14
	60	+	required to be taken before a county judge as provided in subsection (1)15
	61	+	of this section, the arrested person shall MUST, in the discretion of the16
	62	+	officer, either be given a written notice or summons to appear in court as17
	63	+	provided in section 42-4-1707 or be taken without unnecessary delay18
	64	+	before a county judge who has jurisdiction of such offense when the19
	65	+	arrested person does not furnish satisfactory evidence of identity or when20
	66	+	the officer has reasonable and probable grounds to believe the person will21
	67	+	disregard a written promise to NOT appear in court. The court shall22
	68	+	provide a bail bond schedule and available personnel to accept adequate23
	69	+	security for such bail bonds.24
	70	+	SECTION 2. In Colorado Revised Statutes, 42-4-1707, amend25
	71	+	(3)(a) and (6) as follows:26
	72	+	1150-2- 42-4-1707. Summons and complaint or penalty assessment1
	73	+	notice for misdemeanors, petty offenses, and misdemeanor traffic2
	74	+	offenses - release - registration. (3) (a) Whenever a penalty assessment3
	75	+	notice for a misdemeanor, petty offense, or misdemeanor traffic offense4
	76	+	is issued pursuant to section 42-4-1701 (5)(a), the penalty assessment5
	77	+	notice that shall be served upon the defendant by the peace officer shall6
	78	+	SERVES UPON THE DEFENDANT MUST contain the name and address of the7
	79	+	defendant, the license number of the vehicle involved, if any, the number8
	80	+	of the defendant's driver's license, if any, a citation of the statute alleged9
	81	+	to have been violated, a brief description of the offense, the date and10
	82	+	approximate location thereof OF THE OFFENSE, the amount of the penalty11
	83	+	prescribed for the offense, the amount of the surcharges thereon pursuant12
	84	+	to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S.,13
	85	+	the number of points, if any, prescribed for the offense pursuant to section14
	86	+	42-2-127, and the date the penalty assessment notice is served on the15
	87	+	defendant; shall MUST direct the defendant to appear in a specified county16
	88	+	court at a specified time and place in the event the penalty and surcharges17
	89	+	thereon are not paid; shall MUST be signed by the peace officer; and shall18
	90	+	MUST contain a place for the defendant to elect to execute a signed19
	91	+	acknowledgment of guilt and an agreement to pay the penalty prescribed20
	92	+	and surcharges thereon within twenty days, as well as such other21
	93	+	information as may be required by law to constitute the penalty22
	94	+	assessment notice to be a summons and complaint should IF the23
	95	+	prescribed penalty and surcharges thereon ARE not be paid within the time24
	96	+	allowed in section 42-4-1701.25
	97	+	(6) If the defendant is otherwise eligible to be issued a summons26
	98	+	and complaint or a penalty assessment notice for a violation of this title27
	99	+	1150
	100	+	-3- TITLE 42 punishable as a misdemeanor, petty offense, or misdemeanor1
	101	+	traffic offense and if the defendant does not possess a valid Colorado2
	102	+	driver's license, the defendant, in order to secure release, as provided in3
	103	+	this section, must either consent to be taken by the officer to the nearest4
	104	+	mailbox and to mail the amount of the penalty and surcharges thereon to5
	105	+	the department or must execute a promise to appear in court on the6
	106	+	penalty assessment notice or on the summons and complaint MUST7
	107	+	RECEIVE INFORMATION ON THE PENALTY ASSESSMENT NOTICE OR8
	108	+	SUMMONS AND COMPLAINT THAT DIRECTS THE DEFENDANT TO APPEAR AT9
	109	+	A SPECIFIED COUNTY COURT AT A SPECIFIED TIME AND PLACE IN THE EVENT10
	110	+	THE PENALTY AND SURCHARGES ARE NOT PAID , AND OTHER INFORMATION11
	111	+	THAT MAY BE REQUIRED BY LAW TO CONSTITUTE THE PENALTY12
	112	+	ASSESSMENT TO BE A SUMMONS AND COMPLAINT IF THE PRESCRIBED13
	113	+	PENALTY AND SURCHARGES ARE NOT PAID WITHIN THE TIME ALLOWED IN14
	114	+	SECTION 42-4-1701. If the defendant does possess a valid Colorado15
	115	+	driver's license, the defendant shall MUST not be required to execute a16
	116	+	promise to appear on the penalty assessment notice or on the summons17
	117	+	and complaint. The peace officer shall not require any person who is18
	118	+	eligible to be issued a summons and complaint or a penalty assessment19
	119	+	notice for a violation of this title TITLE 42 to produce or divulge such20
	120	+	person's social security number.21
	121	+	SECTION 3. In Colorado Revised Statutes, 42-4-1709, amend22
	122	+	(1) as follows:23
	123	+	42-4-1709. Penalty assessment notice for traffic infractions -24
	124	+	violations of provisions by officer - driver's license - definition.25
	125	+	(1) Whenever a penalty assessment notice for a traffic infraction is issued26
	126	+	pursuant to section 42-4-1701 (5)(a), the penalty assessment notice that27
	127	+	1150
	128	+	-4- shall be served upon the defendant by the peace officer shall SERVES1
	129	+	UPON THE DEFENDANT MUST contain the name and address of the2
	130	+	defendant, the license number of the vehicle involved, if any, the number3
	131	+	of the defendant's driver's license, if any, a citation of the statute alleged4
	132	+	to have been violated, a brief description of the traffic infraction, the date5
	133	+	and approximate location thereof OF THE OFFENSE, the amount of the6
	134	+	penalty prescribed for the traffic infraction, the amount of the surcharges7
	135	+	thereon pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and8
	136	+	24-33.5-415.6, C.R.S., the number of points, if any, prescribed for the9
	137	+	traffic infraction pursuant to section 42-2-127, and the date the penalty10
	138	+	assessment notice is served on the defendant; shall MUST direct the11
	139	+	defendant to appear in a specified county court at a specified time and12
	140	+	place in the event the penalty and surcharges thereon are not paid; shall13
	141	+	MUST be signed by the peace officer; and shall MUST contain a place for14
	142	+	the defendant to elect to execute a signed acknowledgment of liability and15
	143	+	an agreement to pay the penalty prescribed and surcharges thereon within16
	144	+	twenty days, as well as such other information as may be required by law17
	145	+	to constitute the penalty assessment notice to be a summons and18
	146	+	complaint should IF the prescribed penalty and surcharges thereon ARE19
	147	+	not be paid within the time allowed in section 42-4-1701.20
	148	+	SECTION 4. In Colorado Revised Statutes, amend 42-4-1711 as21
	149	+	follows:22
	150	+	42-4-1711. Compliance with appearance. A written promise to23
	151	+	appear A DEFENDANT MAY COMPLY WITH A REQUIREMENT TO APPEAR in24
	152	+	court may be complied with by THROUGH an appearance by counsel.25
	153	+	SECTION 5. Act subject to petition - effective date. This act26
	154	+	takes effect at 12:01 a.m. on the day following the expiration of the27
	155	+	1150
	156	+	-5- ninety-day period after final adjournment of the general assembly; except1
	157	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
	158	+	of the state constitution against this act or an item, section, or part of this3
	159	+	act within such period, then the act, item, section, or part will not take4
	160	+	effect unless approved by the people at the general election to be held in5
	161	+	November 2022 and, in such case, will take effect on the date of the6
	162	+	official declaration of the vote thereon by the governor.7
	163	+	1150
	164	+	-6-