Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0542.01 Michael Dohr x4347
HOUSE BILL 22-1229
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING ADOPTING CLEAN -UP PROVISIONS TO SENATE BILL101
21-271
WHICH ENACTED THE 2021 RECOMMENDATIONS OF THE102
C
OLORADO COMMISSION ON CRIMINAL AND JUVENILE
JUSTICE,103
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.104
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
.)
Senate Bill 21-271 created a civil infraction as penalty for
violations of the law that do not rise to criminal conduct. Senate Bill
21-271 included procedures for civil infractions. The bill repeals those
HOUSE
3rd Reading Unamended
March 4, 2022
HOUSE
Amended 2nd Reading
March 3, 2022
HOUSE SPONSORSHIP
Weissman and Soper, Gray, Ricks, Snyder, Woodrow
SENATE SPONSORSHIP
Gardner and Gonzales,
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. provisions and replaces them with new procedures for handling civil
infractions. The bill makes conforming amendments related to civil
infractions. The bill makes clean-up changes to other provisions to
conform to Senate Bill 21-271.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, as it will become effective March 1, 2022, article3
2.3 of title 16 as follows:4
ARTICLE 2.35
Civil Infractions6
16-2.3-101. Civil infractions classified. (1) I
T IS A CIVIL7
INFRACTION FOR ANY PERSON TO COMMIT ANY OFFENSE OR VIOLATE ANY8
STATUTE OF THIS STATE THAT IS SPECIFICALLY CLASSIFIED AS A CIVIL9
INFRACTION. A CIVIL INFRACTION IS A CIVIL MATTER.10
(2) F
OR THE PURPOSES OF THIS ARTICLE 2.3:11
(a) "J
UDGE" INCLUDES ANY COUNTY COURT MAGISTRATE WHO12
HEARS A CIVIL INFRACTION MATTER; AND13
(b) "M
AGISTRATE" INCLUDES ANY COUNTY COURT JUDGE WHO IS14
ACTING AS A COUNTY COURT MAGISTRATE IN A CIVIL INFRACTION MATTER .15
(3) T
HE PENALTY FOR COMMISSION OF A CIVIL INFRACTION , UPON16
CONVICTION, IS A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS ,17
UNLESS OTHERWISE PROVIDED IN THE SECTION DESCRIBING THE18
INFRACTION.19
(4) E
VERY PERSON WHO IS CONVICTED OF, WHO ADMITS LIABILITY20
FOR, OR AGAINST WHOM A JUDGMENT IS ENTERED FOR A VIOLATION OF A21
CIVIL INFRACTION MUST BE FINED AND HAVE A SURCHARGE LEVIED22
PURSUANT TO SECTIONS
24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(I), AND23
1229-2- 24-33.5-415.6.1
16-2.3-102. Penalty assessment notice for civil infractions.2
(1) (a) A
T ANY TIME THAT A PEACE OFFICER, AS DESCRIBED IN SECTION3
16-2.5-101,
CHARGES A PERSON WITH THE COMMISSION OF ANY CIVIL4
INFRACTION, THE PEACE OFFICER MAY, EXCEPT WHEN PROHIBITED BY THE5
SECTION DESCRIBING THE CHARGED CIVIL
INFRACTION, OFFER TO GIVE A6
PENALTY ASSESSMENT NOTICE TO THE PERSON . FOR ALL CIVIL7
INFRACTIONS, THE FINE LISTED ON THE PENALTY ASSESSMENT NOTICE IS8
ONE HUNDRED DOLLARS, UNLESS THE FINE IS OTHERWISE PROVIDED IN THE9
SECTION DESCRIBING THE CIVIL INFRACTION.10
(b) T
HE PENALTY ASSESSMENT NOTICE THAT A PEACE OFFICER11
SERVES UPON THE PERSON MUST BE A SUMMONS AND COMPLAINT12
CONTAINING THE FOLLOWING :13
(I) I
DENTIFICATION OF THE ALLEGED OFFENDER ;14
(II) S
PECIFICATION OF THE OFFENSE, INCLUDING A CITATION TO15
THE SECTION ALLEGED TO HAVE BEEN VIOLATED AND A BRIEF DESCRIPTION16
OF THE CIVIL INFRACTION;17
(III) T
HE AMOUNT OF THE FINE FOR THE CIVIL INFRACTION AND18
THE AMOUNT OF THE SURCHARGES PURSUANT TO SECTIONS 24-4.1-11919
(1)(g), 24-4.2-104
(1), AND 24-33.5-415.6;20
(IV) T
HE DATE THE PEACE OFFICER SERVES THE PENALTY21
ASSESSMENT NOTICE UPON THE PERSON ;22
(V) I
NSTRUCTIONS TO THE PERSON TO APPEAR IN A SPECIFIED23
COUNTY COURT AT A SPECIFIED TIME AND PLACE IF THE FINE AND24
SURCHARGES ARE NOT PAID;25
(VI) T
HE PEACE OFFICER'S SIGNATURE;26
(VII) A
PLACE WHERE THE PERSON MAY EXECUTE A SIGNED27
1229
-3- ACKNOWLEDGMENT OF LIABILITY AND AN AGREEMENT TO PAY THE FINE1
AND SURCHARGES WITHIN TWENTY DAYS ; AND2
(VIII)
OTHER INFORMATION AS MAY BE REQUIRED BY LAW TO3
CONSTITUTE THE PENALTY ASSESSMENT NOTICE TO BE A SUMMONS AND4
COMPLAINT SHOULD THE FINE AND SURCHARGES NOT BE PAID WITHIN THE5
TIME ALLOWED IN SUBSECTION (2) OF THIS SECTION.6
(c) A
PENALTY ASSESSMENT NOTICE ISSUED AND SERVED7
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION ON A MINOR UNDER8
EIGHTEEN YEARS OF AGE MUST ALSO CONTAIN OR BE ACCOMPANIED BY A9
DOCUMENT CONTAINING :10
(I) A
PREPRINTED DECLARATION STATING THAT THE MINOR 'S11
PARENT OR LEGAL GUARDIAN HAS REVIEWED THE CONTENTS OF THE12
PENALTY ASSESSMENT NOTICE WITH THE MINOR ;13
(II) P
REPRINTED SIGNATURE LINES FOLLOWING THE DECLARATION14
ON WHICH THE REVIEWING PERSON DESCRIBED IN SUBSECTION (1)(c)(I) OF15
THIS SECTION SHALL AFFIX THE PERSON'S SIGNATURE AND FOR A NOTARY16
PUBLIC TO DULY ACKNOWLEDGE THE REVIEWING PERSON 'S SIGNATURE;17
AND18
(III) A
N ADVISEMENT TO THE MINOR THAT :19
(A) T
HE MINOR SHALL, WITHIN SEVENTY-TWO HOURS AFTER20
SERVICE OF THE PENALTY ASSESSMENT NOTICE , INFORM THE MINOR'S21
PARENT OR LEGAL GUARDIAN THAT THE MINOR HAS RECEIVED A PENALTY22
ASSESSMENT NOTICE;23
(B) T
HE PARENT OR LEGAL GUARDIAN OF THE MINOR IS REQUIRED24
BY LAW TO REVIEW AND SIGN THE PENALTY ASSESSMENT NOTICE AND TO25
HAVE THE PERSON'S SIGNATURE DULY ACKNOWLEDGED BY A NOTARY26
PUBLIC; AND27
1229
-4- (C) NONCOMPLIANCE WITH THE REQUIREMENT SET FORTH IN1
SUBSECTION (1)(c)(III)(B) OF THIS SECTION WILL RESULT IN THE MINOR2
AND THE PARENT OR LEGAL GUARDIAN OF THE MINOR BEING REQUIRED TO3
APPEAR IN COURT PURSUANT TO SUBSECTION (4) OF THIS SECTION.4
(d) T
HE PEACE OFFICER MUST SERVE ONE COPY OF THE PENALTY5
ASSESSMENT NOTICE UPON THE PERSON AND SHALL SEND ONE COPY TO6
THE CLERK OF THE COUNTY COURT IN THE COUNTY IN WHICH THE ALLEGED7
OFFENSE OCCURRED.
THE COPY SENT TO THE CLERK OF THE COUNTY8
COURT MUST BE SENT IMMEDIATELY AFTER SERVICE UPON THE PERSON .9
(e) T
HE TIME SPECIFIED IN THE SUMMONS PORTION OF THE10
PENALTY ASSESSMENT NOTICE MUST BE AT LEAST THIRTY DAYS BUT NOT11
MORE THAN NINETY DAYS AFTER THE DATE THE PENALTY ASSESSMENT12
NOTICE IS SERVED.13
(f) T
HE PLACE SPECIFIED IN THE SUMMONS PORTION OF THE14
PENALTY ASSESSMENT NOTICE MUST BE A COUNTY COURT WITHIN THE15
COUNTY IN WHICH THE CIVIL INFRACTION IS ALLEGED TO HAVE BEEN16
COMMITTED.17
(g) I
F THE PERSON REFUSES TO ACCEPT SERVICE OF THE PENALTY18
ASSESSMENT NOTICE, TENDER OF THE NOTICE BY THE PEACE OFFICER TO19
THE PERSON CONSTITUTES SERVICE UPON THE PERSON .20
(2) (a) I
F THE PERSON SERVED A PENALTY ASSESSMENT NOTICE21
ACKNOWLEDGES GUILT , THE PERSON MAY PAY THE SPECIFIED FINE AND22
SURCHARGES IN PERSON OR BY MAIL AT THE PLACE AND WITHIN THE TIME23
SPECIFIED IN THE NOTICE. IF THE PERSON DOES NOT ACKNOWLEDGE GUILT ,24
THE PERSON SHALL APPEAR AS REQUIRED IN THE NOTICE . UPON
FINAL25
HEARING, IF THE PERSON IS FOUND GUILTY, THE COURT SHALL IMPOSE THE26
FINE AND SURCHARGES SPECIFIED IN THE NOTICE FOR THE OFFENSE FOR27
1229
-5- WHICH THE PERSON WAS FOUND GUILTY AND THE COURT MAY IMPOSE1
COURT COSTS AGAINST THE PERSON IN ADDITION TO THE FINE AND2
SURCHARGES.3
(b) T
HE FINE SPECIFIED IN THE PENALTY ASSESSMENT NOTICE FOR4
THE VIOLATION CHARGED AND THE SURCHARGES MUST BE PAID TO THE5
CLERK OF THE COURT OF THE JURISDICTION IN WHICH THE OFFENSE IS6
ALLEGED TO HAVE OCCURRED , EITHER IN PERSON OR BY POSTMARKING7
SUCH PAYMENT WITHIN TWENTY DAYS AFTER THE DATE THE PENALTY8
ASSESSMENT NOTICE IS SERVED UPON THE PERSON . EXCEPT AS OTHERWISE9
PROVIDED IN SUBSECTION (4) OF THIS SECTION, ACCEPTANCE OF A10
PENALTY ASSESSMENT NOTICE AND PAYMENT OF THE FINE AND11
SURCHARGES TO THE COURT IS COMPLETE SATISFACTION FOR THE12
VIOLATION. THE PERSON MUST BE GIVEN A RECEIPT IF THE PERSON PAYS13
THE FINE AND SURCHARGES IN CURRENCY OR OTHER FORM OF LEGAL14
TENDER.15
(3) I
F A PERSON CHARGED WITH A CIVIL INFRACTION FAILS TO PAY16
THE FINE AND SURCHARGES WITHIN TWENTY DAYS AFTER THE DATE OF17
THE PENALTY ASSESSMENT NOTICE , OR IF THE CLERK OF THE COURT DOES18
NOT ACCEPT PAYMENT FOR THE FINE AND SURCHARGES AS EVIDENCED BY19
RECEIPT, THE PERSON IS ALLOWED TO PAY THE FINE, SURCHARGES, AND20
THE DOCKET FEES IN THE AMOUNTS SET FORTH IN SECTIONS 13-1-20421
(1)(b) AND 16-2.3-105 (5)(a)(I) TO THE CLERK OF THE COURT REFERRED22
TO IN THE SUMMONS PORTION OF THE PENALTY ASSESSMENT NOTICE23
DURING THE TWO BUSINESS DAYS PRIOR TO THE TIME FOR APPEARANCE , AS24
SPECIFIED IN THE NOTICE. IF THE FINE FOR A CIVIL INFRACTION AND25
SURCHARGES IS NOT TIMELY PAID, THE CASE IS HEARD IN THE COURT OF26
COMPETENT JURISDICTION PRESCRIBED ON THE PENALTY ASSESSMENT27
1229
-6- NOTICE IN THE MANNER PROVIDED FOR IN THIS ARTICLE 2.3 FOR THE1
PROSECUTION OF CIVIL INFRACTIONS.2
(4) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF3
THIS SECTION, A MINOR UNDER EIGHTEEN YEARS OF AGE SHALL APPEAR AT4
A HEARING ON THE DATE AND TIME SPECIFIED IN THE PENALTY5
ASSESSMENT NOTICE AND ANSWER THE ALLEGED VIOLATION IF THE6
PENALTY ASSESSMENT WAS TIMELY PAID BUT NOT SIGNED AND NOTARIZED7
IN THE MANNER REQUIRED BY SUBSECTION (1)(c)(III)(B) OF THIS SECTION.8
(5) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF9
THIS SECTION, IF THE OFFENSE CHARGED IS FOR THE COMMISSION OF A10
CIVIL INFRACTION FOR A PARKS AND WILDLIFE VIOLATION CONTAINED IN11
TITLE 33, THE PENALTY ASSESSMENT PROCEDURES CONTAINED IN SECTION12
33-6-104
OR 33-15-102 APPLY.13
16-2.3-103. Summons and complaint for civil infractions. (1) A14
SUMMONS AND COMPLAINT MAY BE ISSUED BY ANY PEACE OFFICER FOR AN15
OFFENSE CONSTITUTING A CIVIL INFRACTION COMMITTED IN THE PEACE16
OFFICER'S PRESENCE OR, IF NOT COMMITTED IN THE PEACE OFFICER 'S17
PRESENCE, THAT THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE18
WAS COMMITTED AND PROBABLE CAUSE TO BELIEVE WAS COMMITTED BY19
THE PERSON CHARGED. EXCEPT FOR PENALTY ASSESSMENT NOTICES,20
WHICH MUST BE HANDLED PURSUANT TO THE PROCEDURES SET FORTH IN21
SECTION 16-2-201 OR 16-2.3-102, A COPY OF A SUMMONS AND COMPLAINT22
ISSUED MUST BE FILED IMMEDIATELY WITH THE COUNTY COURT BEFORE23
WHICH APPEARANCE IS REQUIRED, AND A SECOND COPY MUST BE GIVEN TO24
THE DISTRICT ATTORNEY OR DEPUTY DISTRICT ATTORNEY FOR THE25
COUNTY.26
(2) A SUMMONS ISSUED BY THE COUNTY COURT FOR A CIVIL27
1229
-7- INFRACTION MAY BE SERVED BY GIVING A COPY TO THE PERSON OR BY1
LEAVING A COPY AT THE PERSON'S USUAL PLACE OF ABODE WITH A PERSON2
OVER THE AGE OF EIGHTEEN YEARS RESIDING THEREIN, OR BY MAILING A3
COPY TO THE PERSON'S LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN4
RECEIPT REQUESTED, NOT LESS THAN FOURTEEN DAYS PRIOR TO THE TIME5
THE PERSON IS REQUIRED TO APPEAR. SERVICE BY MAIL IS COMPLETE UPON6
THE RETURN OF THE RECEIPT SIGNED BY THE PERSON. PERSONAL SERVICE7
MUST BE MADE BY ANY DISINTERESTED PARTY OVER EIGHTEEN YEARS OF8
AGE.9
16-2.3-104. Parties to a crime. A PERSON IS LEGALLY10
ACCOUNTABLE AS PRINCIPAL FOR THE BEHAVIOR OF ANOTHER PERSON11
WHO COMMITS A CIVIL INFRACTION IF, WITH THE INTENT TO PROMOTE OR12
FACILITATE THE COMMISSION OF THE OFFENSE , THE PERSON AIDS, ABETS,13
ADVISES, OR ENCOURAGES THE OTHER PERSON IN PLANNING OR14
COMMITTING THE OFFENSE.15
16-2.3-105. Civil infractions - proper court for hearing -16
burden of proof - appeal - collateral attack. (1)
A COUNTY COURT17
MAGISTRATE APPOINTED PURSUANT TO PART 5 OF ARTICLE 6 OF TITLE 13,18
OR A COUNTY JUDGE ACTING AS A MAGISTRATE , SHALL CONDUCT THE19
HEARING IN A COUNTY COURT FOR THE ADJUDICATION OF A CIVIL20
INFRACTION; EXCEPT THAT, IF THE CHARGE INCLUDES A CRIME AND CIVIL21
INFRACTION IN THE SAME SUMMONS AND COMPLAINT , ALL CHARGES MUST22
BE MADE RETURNABLE BEFORE A JUDGE OR MAGISTRATE WHO HAS23
JURISDICTION OVER THE CRIME . THE COLORADO RULES OF CRIMINAL24
PROCEDURE APPLY IN A CASE THAT CONTAINS BOTH A CRIME AND A CIVIL25
INFRACTION.26
(2) W
HEN A COURT OF COMPETENT JURISDICTION DETERMINES27
1229
-8- THAT A PERSON CHARGED WITH A MISDEMEANOR OR P ETTY OFFENSE IS1
GUILTY OF A LESSER INCLUDED OFFENSE THAT IS A CIVIL INFRACTION, THE2
COURT MAY ENTER A JUDGMENT AS TO THE LESSER INCLUDED OFFENSE .3
(3) I
N A CIVIL INFRACTION CASE, THE BURDEN OF PROOF IS ON THE4
PEOPLE, AND THE MAGISTRATE SHALL ENTER JUDGMENT IN FAVOR OF THE5
PERSON UNLESS THE PEOPLE PROVE THE LIABILITY OF THE PERSON BEYOND6
A REASONABLE DOUBT . THE DISTRICT ATTORNEY OR A DISTRICT7
ATTORNEY'S DEPUTY MAY, BUT IS NOT REQUIRED TO, AT THE DISTRICT8
ATTORNEY'S DISCRETION, ENTER A CIVIL INFRACTION CASE FOR THE9
PURPOSE OF ATTEMPTING TO NEGOTIATE A PLEA TO A LESSER OFFENSE ,10
REDUCED PENALTY, OR A STIPULATION TO PRETRIAL DIVERSION OR11
DEFERRED JUDGMENT AND SENTENCE . THE DISTRICT ATTORNEY SHALL12
NOT REPRESENT THE STATE AT HEARINGS CONDUCTED BY A MAGISTRATE13
OR A COUNTY JUDGE ACTING AS A MAGISTRATE ON CIVIL INFRACTION14
MATTERS. THE MAGISTRATE OR COUNTY JUDGE ACTING AS A MAGISTRATE15
MAY CALL AND QUESTION ANY WITNESS AND SHALL ACT AS THE FACT16
FINDER AT HEARINGS ON CIVIL INFRACTION MATTERS .17
(4) A
N APPEAL FROM FINAL JUDGMENT ON A CIVIL INFRACTION18
MATTER MUST BE TAKEN TO THE DISTRICT COURT FOR THE COUNTY WHERE19
THE MAGISTRATE OR JUDGE ACTING AS MAGISTRATE IS LOCATED .20
(5) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF21
THIS SECTION, A PERSON AGAINST WHOM A JUDGMENT IS ENTERED FOR A22
CIVIL INFRACTION MAY NOT COLLATERALLY ATTACK THE VALIDITY OF23
THAT JUDGMENT UNLESS THE PERSON COMMENCES THE ATTACK WITHIN24
SIX MONTHS AFTER THE DATE OF ENTRY OF THE JUDGMENT .25
(b) I
N RECOGNITION OF THE DIFFICULTIES ATTENDING THE26
LITIGATION OF STALE CLAIMS AND THE POTENTIAL FOR FRUSTRATING27
1229
-9- VARIOUS STATUTORY PROVISIONS DIRECTED AT REPEAT OFFENDERS ,1
FORMER OFFENDERS, AND HABITUAL OFFENDERS, THE ONLY EXCEPTIONS2
TO THE TIME LIMITATION SPECIFIED IN SUBSECTION (5)(a) OF THIS SECTION3
ARE CASES IN WHICH THE COURT HEARING THE COLLATERAL ATTACK4
FINDS:5
(I) T
HAT THE COURT ENTERING JUDGMENT DID NOT HAVE6
JURISDICTION OVER THE SUBJECT MATTER OF THE ALLEGED CIVIL7
INFRACTION;8
(II) T
HAT THE COURT ENTERING JUDGMENT DID NOT HAVE9
JURISDICTION OVER THE PERSON;10
(III) B
Y A PREPONDERANCE OF THE EVIDENCE , THAT THE FAILURE11
TO SEEK RELIEF WITHIN THE TIME LIMITATION SPECIFIED IN SUBSECTION12
(5)(a)
OF THIS SECTION WAS THE RESULT OF AN ADJUDICATION OF13
INCOMPETENCE OR BY COMMITMENT OR CERTIFICATION OF THE VIOLATOR14
TO AN INSTITUTION FOR TREATMENT AS A PERSON WITH A BEHAVIORAL15
HEALTH DISORDER; OR16
(IV) T
HAT THE FAILURE TO SEEK RELIEF WITHIN TIME LIMITATION17
SPECIFIED IN SUBSECTION (5)(a) OF THIS SECTION WAS THE RESULT OF18
CIRCUMSTANCES AMOUNTING TO JUSTIFIABLE EXCUSE OR EXCUSABLE19
NEGLECT.20
16-2.3-106. Failure to pay penalty for civil infractions - failure21
of parent or guardian to sign penalty assessment notice - procedures.22
(1) U
NLESS A PERSON WHO HAS BEEN CITED FOR A CIVIL INFRACTION PAYS23
THE FINE AND SURCHARGES PURSUANT TO SECTIONS
24-4.1-119 (1)(g),24
24-4.2-104 (1),
AND 24-33.5-415.6, THE PERSON SHALL APPEAR AT A25
HEARING ON THE DATE AND TIME SPECIFIED IN THE SUMMONS AND26
COMPLAINT AND ANSWER THE COMPLAINT . THIS REQUIREMENT TO APPEAR27
1229
-10- MAY BE COMPLIED WITH BY APPEARANCE OF COUNSEL .1
(2) I
F A MINOR UNDER EIGHTEEN YEARS OF AGE IS REQUIRED TO2
APPEAR AT A HEARING PURSUANT TO SUBSECTION (1) OF THIS SECTION,3
THE MINOR SHALL INFORM THE MINOR'S PARENT OR LEGAL GUARDIAN, AND4
THE PARENT OR LEGAL GUARDIAN SHALL ALSO APPEAR AT THE HEARING .5
(3) I
F THE PERSON ANSWERS THAT THE PERSON IS GUILTY OR IF THE6
PERSON FAILS TO APPEAR FOR THE HEARING , THE MAGISTRATE SHALL7
ENTER JUDGMENT AGAINST THE PERSON .8
(4) I
F THE PERSON DENIES THE ALLEGATIONS IN THE COMPLAINT ,9
A FINAL HEARING ON THE COMPLAINT MUST BE HELD SUBJECT TO THE10
PROVISIONS REGARDING A SPEEDY TRIAL IN SECTION 18-1-405. IF THE11
PERSON IS FOUND GUILTY OR LIABLE AT THE FINAL HEARING OR IF THE12
PERSON FAILS TO APPEAR FOR A FINAL HEARING, THE MAGISTRATE SHALL13
ENTER JUDGMENT AGAINST THE PERSON .14
(5) (a) (I) I
F JUDGMENT IS ENTERED AGAINST A PERSON , THE15
MAGISTRATE SHALL ASSESS THE APPROPRIATE FINE AND SURCHARGES , A16
DOCKET FEE OF SIXTEEN DOLLARS , AND OTHER APPLICABLE COSTS17
AUTHORIZED BY SECTION 13-16-122 (1).18
(II) A
LL DOCKET FEES COLLECTED PURSUANT TO SUBSECTION19
(5)(a)(I)
OF THIS SECTION MUST BE TRANSMITTED TO THE STATE20
TREASURER FOR DEPOSIT IN THE JUDICIAL STABILIZATION CASH FUND21
CREATED IN SECTION 13-32-101 (6).22
(b) A
MAGISTRATE SHALL NOT ISSUE A BENCH WARRANT FOR THE23
ARREST OF ANY PERSON WHO FAILS TO APPEAR FOR A HEARING PURSUANT24
TO SUBSECTION (1), (2), OR (3) OF THIS SECTION OR FOR A FINAL HEARING25
PURSUANT TO SUBSECTION (4) OF THIS SECTION.26
SECTION 2. In Colorado Revised Statutes, 13-1-204, amend27
1229
-11- (1)(b) as follows:1
13-1-204. Court security cash fund - creation - grants -2
regulations. (1) (b) A five-dollar surcharge shall MUST be assessed and3
collected as provided by law on docket fees and jury fees for specified4
civil actions filed on and after July 1, 2007, on docket fees for criminal5
convictions entered on and after July 1, 2007, on filing fees for specified6
probate filings made on and after July 1, 2007, on docket fees for7
specified special proceeding filings made on and after July 1, 2007, on8
fees for specified filings in water matters initiated on and after July 1,9
2007, and on docket fees for specified traffic infraction penalties assessed10
on and after July 1, 2007,
AND ON DOCKET FEES FOR CIVIL INFRACTION11
PENALTIES ASSESSED ON OR AFTER MARCH 1, 2022. The surcharge shall
12
MUST be transmitted to the state treasurer, who shall credit the surcharge13
to the fund.14
SECTION 3. In Colorado Revised Statutes, 13-6-212, amend15
(2)(f) as follows:16
13-6-212. Duties of clerk. (2) Upon approval by the chief justice17
of the supreme court, the chief judge of a judicial district may authorize,18
either generally or in specific cases, the clerk of the county court to do the19
following:20
(f) With the consent of the defendant, accept pleas of guilty and21
admissions of liability and impose penalties pursuant to a schedule22
approved by the presiding judge in misdemeanor cases involving23
violations of wildlife and parks and outdoor recreation laws for which the24
maximum penalty in each case is a fine of not more than one thousand25
dollars; and in misdemeanor traffic and traffic infraction cases involving26
the regulation of vehicles and traffic for which the penalty specified in27
1229
-12- section 42-4-1701, C.R.S., or elsewhere in articles 2 to 4 of title 42,1
C.R.S., in each case is less than three hundred dollars; AND IN CIVIL2
INFRACTION CASES. A clerk shall not levy a fine of over said GREATER3
THAN THESE amounts nor sentence any person to jail. If, in the judgment4
of the clerk, a fine of over said GREATER THAN THESE amounts or a jail5
sentence is justified, the case shall MUST be certified to the judge of the6
county court for rearraignment and trial de novo.7
SECTION 4. In Colorado Revised Statutes, 13-6-501, amend (4)8
introductory portion, (5), (6), (8), and (9); and add (4)(a.5) as follows:9
13-6-501. County court magistrates - qualifications - duties.10
(4) Subject to the provision that no magistrate may preside in any trial by11
jury, county court magistrates shall have power to hear the following12
matters:13
(a.5) C
IVIL INFRACTIONS, AS DESCRIBED IN SECTION 16-2.3-101;14
(5) Except in class A and class B traffic infraction matters
AND15
CIVIL INFRACTION MATTERS, before a county court magistrate may hear16
any matter, all parties thereto
shall have waived, on the record, their right17
to proceed before a county judge. If any party fails to waive such right, or18
objects to the magistrate, that party's case shall MUST be rereferred to a19
county judge.20
(6) Magistrates, when handling county court matters, and class A21
and class B traffic infraction matters,
AND CIVIL INFRACTION MATTERS ,22
and where the parties to such proceedings, other than traffic infraction23
matters, shall
have waived their right to proceed before a county judge,24
shall have all the jurisdiction and power of a county judge, and their25
orders and judgments shall be ARE those of the county court.26
(8) The duties, qualifications, compensation, conditions of27
1229
-13- employment, and other administrative details concerning magistrates who1
hear traffic infraction matters
AND CIVIL INFRACTION MATTERS not set2
forth in this part 5 shall be
ARE established in accordance with the3
provisions of PURSUANT TO section 13-3-105.4
(9) The supreme court shall adopt such rules and regulations as it5
deems necessary or proper to carry out the provisions of this part 56
relating to traffic infraction matters
AND CIVIL INFRACTION MATTERS ,7
including, but not limited to, procedural matters.8
SECTION 5. In Colorado Revised Statutes, amend 13-6-502 as9
follows:10
13-6-502. Jury trials. Notwithstanding the provisions of
section11
16-10-109 C.R.S., or any other provision of law, the right to a jury trial12
shall not be IS NOT available at a hearing before a magistrate where WHEN13
the cited person is charged with a class A or a class B traffic infraction
OR14
CIVIL INFRACTION.15
SECTION 6. In Colorado Revised Statutes, amend 13-6-503 as16
follows:17
13-6-503. Evidence offered by officer. At any hearing on a class18
A or class B traffic infraction
OR CIVIL INFRACTION, the officer who19
issued the citation
OR PENALTY ASSESSMENT NOTICE shall offer evidence20
of the facts concerning the alleged infraction either in person or by21
affidavit, as such affidavit may be established by rules adopted by the22
supreme court pursuant to section 13-6-501 (9). If such
THE officer23
appears personally, the magistrate and the cited person may then examine24
such THE officer. The cited party shall have HAS the right to call the25
officer by subpoena as in the case of other civil matters.26
SECTION 7. In Colorado Revised Statutes, 13-80-103, add (1)(i)27
1229
-14- as follows:1
13-80-103. General limitation of actions - one year. (1) The2
following civil actions, regardless of the theory upon which suit is3
brought, or against whom suit is brought, shall be commenced within one4
year after the cause of action accrues, and not thereafter:5
(i) A
LL ACTIONS AGAINST A PERSON ALLEGING LIABILITY FOR A6
PENALTY FOR COMMISSION OF A CIVIL INFRACTION , AS DESCRIBED IN7
SECTION 16-2.3-101.8
SECTION 8. In Colorado Revised Statutes, 13-80-108, add9
(11.5) as follows:10
13-80-108. When a cause of action accrues. (11.5)
A CAUSE11
OF ACTION FOR A PENALTY FOR COMMISSION OF A CIVIL INFRACTION , AS12
DESCRIBED IN SECTION 16-2.3-101, IS DEEMED TO ACCRUE ON THE DATE13
THE CIVIL INFRACTION WAS COMMITTED .14
SECTION 9. In Colorado Revised Statutes, amend as it will15
become effective March 1, 2022, 16-2-104 as follows:16
16-2-104. Issuance of summons and complaint. A summons and17
complaint may be issued by any peace officer for an offense constituting18
a misdemeanor or a petty offense or a civil infraction
committed in the19
peace officer's presence or, if not committed in the peace officer's20
presence, which THAT the peace officer has probable cause to believe was21
committed and probable cause to believe was committed by the person22
charged. Except for penalty assessment notices, which shall MUST be23
handled according to PURSUANT TO the procedures set forth in section24
16-2-201
OR 16-2.3-102, a copy of a summons and complaint so issued25
shall
MUST be filed immediately with the county court before which26
appearance is required, and a second copy shall MUST be given to the27
1229
-15- district attorney or deputy district attorney for the county.1
SECTION 10. In Colorado Revised Statutes, amend as it will2
become effective March 1, 2022, 16-2-109 as follows:3
16-2-109. Service of summons. A summons issued by the county4
court in a prosecution for a misdemeanor or petty offense or civil5
infraction may be served by giving a copy to the defendant personally or6
by leaving a copy at the defendant's usual place of abode with some7
person over the age of eighteen years residing therein or by mailing a8
copy to the defendant's last known address by certified mail, return9
receipt requested, not less than fourteen days prior to the time the10
defendant is required to appear. Service by mail shall MUST be complete11
upon the return of the receipt signed by the defendant. Personal service12
shall MUST be made by any disinterested party over the age of eighteen13
years.14
SECTION 11. In Colorado Revised Statutes, 16-2- 201, amend15
as it will become effective March 1, 2022, (1) as follows:16
16-2-201. Penalty assessment notice procedure. (1) When a17
person is arrested for a civil infraction, the arresting officer may give the18
person a penalty assessment notice
PURSUANT TO SECTION 16-2.3-102 and19
release the person upon its terms.20
SECTION 12. In Colorado Revised Statutes, 16-4-113, amend21
as it will become effective March 1, 2022, (1) introductory portion as22
follows:23
16-4-113. Type of bond in certain misdemeanor cases. (1) In24
exercising the discretion mentioned in section 16-4-104, the judge shall25
release the accused person upon personal recognizance if the charge is26
any unclassified
offense for a violation of which the maximum penalty27
1229
-16- does not exceed six months' imprisonment, and he or she THE ACCUSED1
PERSON shall not be required to supply a surety bond, or give security of2
any kind for his or her THEIR appearance for trial other than his or her3
THEIR personal recognizance, unless one or more of the following facts4
are found to be present:5
SECTION 13. In Colorado Revised Statutes, 16-5-401, amend6
as it will become effective March 1, 2022, (1)(a) as follows:7
16-5-401. Limitation for commencing criminal proceedings,8
civil infraction proceedings, and juvenile delinquency proceedings -9
definitions. (1) (a) Except as otherwise provided by statute applicable to10
specific offenses, delinquent acts, or circumstances, no adult person or11
juvenile shall be prosecuted, tried, or punished for any offense or12
delinquent act unless the indictment, information, complaint, or petition13
in delinquency is filed in a court of competent jurisdiction or a summons14
and complaint or penalty assessment notice is served upon the defendant15
or juvenile within the period of time after the commission of the offense16
or delinquent act as specified below:17
Murder, kidnapping, treason, any sex offense against18
a child, and any forgery regardless of the penalty19
provided: No limit20
Attempt, conspiracy, or solicitation to commit murder;21
attempt, conspiracy, or solicitation to commit22
kidnapping; attempt, conspiracy, or solicitation to23
commit treason; attempt, conspiracy, or solicitation24
to commit any sex offense against a child; and25
attempt, conspiracy, or solicitation to commit any26
forgery regardless of the penalty provided: No limit27
1229
-17- Vehicular homicide, except as described in subsection1
(1)(a.5) of this section; leaving the scene of an2
accident that resulted in the death of a person: Five years3
Other felonies: Three years4
Misdemeanors: Eighteen months5
Class 1 and 2 misdemeanor traffic offenses: One year6
Petty offenses: and civil infractions: Six months7
SECTION 14. In Colorado Revised Statutes, amend 16-10-1018
as follows:9
16-10-101. Jury trials - statement of policy. The right of a10
person who is accused of an offense other than a noncriminal traffic11
infraction or offense,
CIVIL INFRACTION, or OFFENSE other than a12
municipal charter, municipal ordinance, or county ordinance violation as13
provided in section 16-10-109 (1), to have a trial by jury is inviolate and14
a matter of substantive due process of law as distinguished from one of15
"practice and procedure". The people shall
also have the right to refuse16
to consent to a waiver of a trial or sentencing determination by jury in all17
cases in which the accused has the right to request a trial or sentencing18
determination by jury.19
SECTION 15. In Colorado Revised Statutes, 18-1-104, amend20
as it will become effective March 1, 2022, (2) as follows:21
18-1-104. "Offense" defined - offenses classified - common-law22
crimes abolished. (2) Each offense falls into one of eleven NINE classes,23
one of six drug offense levels, or one unclassified category. There are six24
classes of felonies as described in section 18-1.3-401 and four levels of25
drug felonies as described in section 18-1.3-401.5, two classes of26
misdemeanors as described in section 18-1.3-501 and two levels of drug27
1229
-18- misdemeanors as described in section 18-1.3-501, petty offenses as1
described in section 18-1.3-503, civil infractions as described in section2
18-1.3-503, and the category of drug petty offense as described in section3
18-1.3-501 (1)(e).4
SECTION 16. In Colorado Revised Statutes, 18-1-1001, amend5
(1) as follows:6
18-1-1001. Protection order against defendant - definitions.7
(1) There is hereby created a mandatory protection order against any8
person charged with a
CRIMINAL violation of any of the provisions of this9
title
TITLE 18, which order shall remain REMAINS in effect from the time10
that the person is advised of his or her THE PERSON'S rights at arraignment11
or the person's first appearance before the court and informed of such12
order until final disposition of the action. Such order shall restrain13
RESTRAINS the person charged from harassing, molesting, intimidating,14
retaliating against, or tampering with any witness to or victim of the acts15
charged. The protection order issued pursuant to this section shall MUST16
be on a standardized form prescribed by the judicial department, and a17
copy shall be provided to the protected parties.18
SECTION 17. In Colorado Revised Statutes, 18-1.3-503, amend19
as it will become effective March 1, 2022, (1.6) as follows:20
18-1.3-503. Petty offense and civil infraction classified -21
penalties. (1.6) (a) For offenses committed on or after March 1, 2022, a22
violation of a statute of this state is a civil infraction if specifically23
classified as a civil infraction. The penalty for commission of a civil24
infraction, upon conviction, is a fine of not more than one hundred25
dollars, unless otherwise provided by statute. A
CIVIL INFRACTION26
CONSTITUTES A CIVIL MATTER.27
1229
-19- (b) A peace officer may apply the penalty assessment NOTICE1
procedure in section 16-2-201 SECTION 16-2.3-102 for the payment of a2
fine in a civil infraction case.3
SECTION 18. In Colorado Revised Statutes, 18-1.3-603, amend4
as it will become effective March 1, 2022, (1) introductory portion as5
follows:6
18-1.3-603. Assessment of restitution - corrective orders.7
(1) Every order of conviction of a felony, misdemeanor, petty offense,8
civil infraction, or traffic misdemeanor offense, except any order of9
conviction for a state traffic misdemeanor offense issued by a municipal10
or county court in which the prosecuting attorney is acting as a special11
deputy district attorney pursuant to an agreement with the district12
attorney's office, shall include consideration of restitution. Each such13
order shall include one or more of the following:14
SECTION 19. In Colorado Revised Statutes, 18-3-204, amend15
(3) as follows:16
18-3-204. Assault in the third degree. (3) Assault in the third17
degree is a class 1 misdemeanor. and is an extraordinary risk crime that18
is subject to the modified sentencing range specified in section19
18-1.3-501 (3).20
SECTION 20. In Colorado Revised Statutes, 18-3-405.6, amend21
(2)(a) as follows:22
18-3-405.6. Invasion of privacy for sexual gratification.23
(2) (a) Except as otherwise provided in paragraph (b) of this subsection24
(2) SUBSECTION (2)(b) OF THIS SECTION, invasion of privacy for sexual25
gratification is a class 1 misdemeanor. and is an extraordinary risk crime26
subject to the modified sentencing range specified in section 18-1.3-50127
1229
-20- (3).1
SECTION 21. In Colorado Revised Statutes, 18-3-412.5, amend2
(3)(a) as follows:3
18-3-412.5. Failure to register as a sex offender. (3) (a) Failure4
to register as a sex offender is a class 1 misdemeanor if the person was5
convicted of misdemeanor unlawful sexual behavior, or of another6
offense, the underlying factual basis of which involves misdemeanor7
unlawful sexual behavior, or if the person received a disposition or was8
adjudicated for an offense that would constitute misdemeanor unlawful9
sexual behavior if committed by an adult, or for another offense, the10
underlying factual basis of which involves misdemeanor unlawful sexual11
behavior. A class 1 misdemeanor conviction pursuant to this subsection12
(3) is an extraordinary risk crime that is subject to the modified13
sentencing range specified in section 18-1.3-501 (3).14
SECTION 22. In Colorado Revised Statutes, 18-4-401, amend15
as it will become effective March 1, 2022, (1) introductory portion as16
follows:17
18-4-401. Theft - repeal. (1) A person commits theft when he or18
she knowingly obtains, retains, or exercises control over anything of19
value of another without authorization or by threat or deception; receives,20
loans money by pawn or pledge on, or disposes of anything of value or21
belonging to another that he or she knows or believes to have been stolen,22
or procures food or accommodations from a public establishment without23
making payment therefore, and:24
SECTION 23. In Colorado Revised Statutes, amend as it will25
become effective March 1, 2022, 18-4-416 as follows:26
18-4-416. Theft by resale of a lift ticket or coupon. Any27
1229
-21- unauthorized person who, with the intent to profit therefrom, resells or1
offers to resell any ticket, pass, badge, pin, coupon, or other device which2
THAT then entitles the bearer to the use, benefit, or enjoyment of any3
skiing service or skiing facility commits a civil infraction. The penalty of4
a violation of this section shall be a fine in an amount not to exceed three5
hundred dollars. Under no circumstances shall A PEACE OFFICER MUST6
NOT, UNDER ANY CIRCUMSTANCES , ARREST a person being charged with7
this civil infraction be arrested by any peace officer, and a summons to8
the appropriate court of jurisdiction shall MUST be issued to the accused9
person.10
SECTION 24. In Colorado Revised Statutes, 18-4-511, add (8)11
as follows:12
18-4-511. Littering of public or private property - repeal.13
(8) A
NY TIME A PERSON IS CHARGED WITH COMMITTING LITTERING , THE14
PEACE OFFICER SHALL ISSUE A SUMMONS AND COMPLAINT FOR THE15
PERSON'S APPEARANCE IN COURT . NOTWITHSTANDING SECTION16
16-2.3-102,
A PEACE OFFICER SHALL NOT ISSUE A PENALTY ASSESSMENT17
FOR LITTERING.18
SECTION 25. In Colorado Revised Statutes, 18-6-803.5, repeal19
(2)(a.5) as follows:20
18-6-803.5. Crime of violation of a protection order - penalty21
- peace officers' duties - definitions. (2) (a.5) A second or subsequent
22
violation of a protection order is an extraordinary risk crime that is23
subject to the modified sentencing range specified in section 18-1.3-50124
(3).25
SECTION 26. In Colorado Revised Statutes, 18-8-102, amend26
(3) as follows:27
1229
-22- 18-8-102. Obstructing government operations. (3) Obstructing1
government operations is a class 3 misdemeanor CLASS 2 MISDEMEANOR.2
SECTION 27. In Colorado Revised Statutes, 24-4.1-119, add3
(1)(g) as follows:4
24-4.1-119. Costs and surcharges levied on criminal actions5
and traffic offenses. (1) (g) (I) A
SURCHARGE OF EIGHT DOLLARS IS6
LEVIED AGAINST EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL7
INFRACTION PURSUANT TO SECTION 16-2.3-101. THE CLERK OF THE COURT8
SHALL TRANSMIT ALL MONEY COLLECTED TO THE COURT ADMINISTRATOR9
OF THE JUDICIAL DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR10
CREDIT TO THE CRIME VICTIM COMPENSATION FUND ESTABLISHED IN THAT11
JUDICIAL DISTRICT.12
(II)
THE SURCHARGES LEVIED PURSUANT TO THIS SUBSECTION13
(1)(g)
ARE SEPARATE AND DISTINCT FROM SURCHARGES LEVIED PURS UANT14
TO SECTION 24-4.2-104 FOR THE VICTIMS AND WITNESSES ASSISTANCE AND15
LAW ENFORCEMENT FUND .16
SECTION 28. In Colorado Revised Statutes, 24-4.2-104, add17
(1)(b)(III) as follows:18
24-4.2-104. Surcharges levied on criminal actions and traffic19
offenses. (1) (b) (III) A
SURCHARGE OF EIGHT DOLLARS IS LEVIED20
AGAINST EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL INFRACTION21
PURSUANT TO SECTION 16-2.3-101. THE CLERK OF THE COURT SHALL22
TRANSMIT ALL MONEY COLLECTED TO THE COURT ADMINISTRATOR OF THE23
JUDICIAL DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO24
THE VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND25
ESTABLISHED IN THAT JUDICIAL DISTRICT.26
SECTION 29. In Colorado Revised Statutes, 24-33.5-415.6, add27
1229
-23- (10) and (11) as follows:1
24-33.5-415.6. Offender identification - fund. (10) A2
SURCHARGE OF TWO DOLLARS AND FIFTY CENTS IS LEVIED AGAINST EACH3
CIVIL ACTION RESULTING IN AN ADMISSION OF LIABILITY OR A JUDGMENT4
AGAINST THE DEFENDANT FOR A CIVIL INFRACTION CHARGED PURSUANT5
TO STATE STATUTE. THE DEFENDANT SHALL PAY THE SURCHARGE TO THE6
CLERK OF THE COURT. EACH CLERK SHALL TRANSMIT THE MONEY TO THE7
STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE FUND .8
(11) A
SURCHARGE OF TWO DOLLARS AND FIFTY CENTS IS LEVIED9
AGAINST EACH PENALTY ASSESSMENT NOTICE ISSUED PURSUANT TO10
SECTION 16-2.3-102 FOR A CIVIL INFRACTION PURSUANT TO STATE11
STATUTE THAT RESULTS IN PAYMENT OF THE PENALTY ASSESSMENT12
WITHOUT THE COMMENCEMENT OF A CIVIL ACTION . ALL MONEY13
COLLECTED BY THE CLERK OF THE COURT PURSUANT TO THIS SUBSECTION14
(11)
SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL15
CREDIT THE SAME TO THE FUND.16
SECTION 30. In Colorado Revised Statutes, 25-4-414, amend17
as it will become effective March 1, 2022, (1) as follows:18
25-4-414. Penalties. (1) A health-care provider, laboratory19
employee, or other person who is required to make a report pursuant to20
section 25-4-405 and who fails to make such a report commits a civil21
infraction and, upon conviction, shall be punished by a fine of not more
22
than three ONE hundred dollars.23
SECTION 31. In Colorado Revised Statutes, 26-2-306, amend24
(3) as follows:25
26-2-306. Trafficking in food stamps. (3) When a person26
commits the offense of trafficking in food stamps twice or more within27
1229
-24- a period of six months, two or more of the offenses may be aggregated1
and charged in a single count, in which event the offenses so aggregated2
and charged shall constitute a single offense. and, if the aggregate value3
of the food stamps involved is one thousand dollars or more but less than4
twenty thousand dollars, it is a class 4 felony; however, if the aggregate5
value of the food stamps involved is twenty thousand dollars or more, it6
is a class 3 felony.7
SECTION 32. In Colorado Revised Statutes, 33-6-104, amend8
(2)(a)(I) as follows:9
33-6-104. Imposition of penalty - procedures. (2) (a) (I) At the10
time that a person is charged with violating any misdemeanor
OR CIVIL11
INFRACTION provisions of articles 1 to 6 of this title 33 or a rule of the12
commission, the officer shall issue a summons and complaint to the13
alleged offender or, in the case of a violation for which a fine of a fixed14
amount is prescribed, may give the alleged offender an opportunity to15
voluntarily pay the fine and surcharge in the form of a penalty16
assessment.17
SECTION 33. In Colorado Revised Statutes, 33-10.5-105,18
amend (2)(a.5) as follows:19
33-10.5-105. Prohibition of aquatic nuisance species - rules -20
penalties. (2) (a.5) A person who knowingly or willfully violates21
subsection (1)(e) of this section commits a civil infraction and, upon entry22
of judgment, shall be fined one hundred dollars. When a person is
23
charged with knowingly or willfully violating subsection (1)(e) of this24
section, the officer shall give a penalty assessment notice to the defendant25
and follow the procedures in section 33-15-102 (2). If the fine and26
surcharge are not timely paid, the case shall be heard in the court of27
1229
-25- competent jurisdiction prescribed on the penalty assessment notice in the1
manner provided for in article 4 of title 42 for the prosecution of traffic2
infractions.3
SECTION 34. In Colorado Revised Statutes, 33-13-108.1,4
amend as it will become effective March 1, 2022, (1)(a) introductory5
portion as follows:6
33-13-108.1. Operating a vessel while under the influence -7
definitions. (1) (a) It is a violation MISDEMEANOR for any person to8
operate or be in actual physical control of a motorized, wind-powered, or9
flying vessel in this state while:10
SECTION 35. In Colorado Revised Statutes, 42-2-138, amend11
as it will become effective March 1, 2022, (1)(d)(I) as follows:12
42-2-138. Driving under restraint - penalty - definitions.13
(1) (d) (I) A person who drives a motor vehicle or off-highway vehicle14
upon any highway of this state with knowledge that the person's license15
or privilege to drive, either as a resident or nonresident, is restrained16
under section 42-2-126 (3), is restrained solely or partially because of a17
conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in18
another state solely or partially because of an alcohol-related driving19
offense commits a class 2 misdemeanor traffic offense. Upon a second or20
subsequent conviction, the person shall be punished by a fine of not less21
than five hundred dollars nor more than three thousand dollars. The22
minimum county jail sentence imposed by this subsection (1)(d)(I) shall23
be mandatory, and the court shall not grant probation or a suspended24
sentence thereof; but, in a case where the defendant is convicted although25
the defendant established that the defendant had to drive the motor26
vehicle in violation of this subsection (1)(d)(I) because of an emergency,27
1229
-26- the mandatory jail sentence, if any, shall not apply, and, for a first1
conviction, the court may impose a sentence of imprisonment in the2
county jail for a period of not more than one year and, in the discretion of3
the court, a fine of not more than one thousand dollars, and, for a second4
or subsequent conviction, the court may impose a sentence of5
imprisonment in the county jail for a period of not more than two years6
and, in the discretion of the court, a fine of not more than three thousand7
dollars.8
SECTION 36. In Colorado Revised Statutes, 42-4-1301, amend9
(1)(a), (1)(b), and (2)(a) as they will become effective March 1, 2022,10
as follows:11
42-4-1301. Driving under the influence - driving while12
impaired - driving with excessive alcoholic content - definitions -13
penalties. (1) (a) A person who drives a motor vehicle or vehicle under14
the influence of alcohol or one or more drugs, or a combination of both15
alcohol and one or more drugs, commits driving under the influence.16
Driving under the influence is a traffic misdemeanor, but it is a class 417
felony if the violation occurred after three or more prior convictions,18
arising out of separate and distinct criminal episodes, for DUI, DUI per19
se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b);20
vehicular assault, as described in section 18-3-205 (1)(b); or any21
combination thereof.22
(b) A person who drives a motor vehicle or vehicle while impaired23
by alcohol or by one or more drugs, or by a combination of alcohol and24
one or more drugs, commits driving while ability impaired. Driving while25
ability impaired is a traffic misdemeanor, but it is a class 4 felony if the26
violation occurred after three or more prior convictions, arising out of27
1229
-27- separate and distinct criminal episodes, for DUI, DUI per se, or DWAI;1
vehicular homicide, as described in section 18-3-106 (1)(b); vehicular2
assault, as described in section 18-3-205 (1)(b); or any combination3
thereof.4
(2) (a) A person who drives a motor vehicle or vehicle when the5
person's BAC is 0.08 or more at the time of driving or within two hours6
after driving commits DUI per se. During a trial, if the state's evidence7
raises the issue, or if a defendant presents some credible evidence, that8
the defendant consumed alcohol between the time that the defendant9
stopped driving and the time that testing occurred, such issue shall be an10
affirmative defense, and the prosecution must establish beyond a11
reasonable doubt that the minimum 0.08 blood or breath alcohol content12
required in this subsection (2)(a) was reached as a result of alcohol13
consumed by the defendant before the defendant stopped driving. DUI14
per se is a traffic misdemeanor, but it is a class 4 felony if the violation15
occurred after three or more prior convictions, arising out of separate and16
distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular17
homicide, as described in section 18-3-106 (1)(b); vehicular assault, as18
described in section 18-3-205 (1)(b); or any combination thereof.19
SECTION 37. In Colorado Revised Statutes, 42-4-1701, amend20
(1) as follows:21
42-4-1701. Traffic offenses and infractions classified -22
penalties - penalty and surcharge schedule - repeal. (1) It is a traffic23
infraction for any person to violate any of the provisions of articles 1 to24
3 of this title TITLE 42 and parts 1 to 3 and 5 to 19 of this article ARTICLE25
4 unless such violation is, by articles 1 to 3 of this title TITLE 42 and parts26
1 to 3 and 5 to 19 of this article ARTICLE 4 or by any other law of this27
1229
-28- state, declared to be a felony, misdemeanor, petty offense, CIVIL1
INFRACTION, or misdemeanor traffic offense. Such a traffic infraction2
shall constitute CONSTITUTES a civil matter.3
SECTION 38. In Colorado Revised Statutes, repeal 42-4-1708.5.4
SECTION 39. In Colorado Revised Statutes, 8-20.5-105, amend5
as it will become effective March 1, 2022, (2) as follows:6
8-20.5-105. Confidentiality. (2) Any person making such7
confidential records available to any person or organization without8
authorization from the affected operator or owner commits a petty offense9
and shall be punished as provided in section 18-1.3-501 PURSUANT TO10
SECTION 18-1.3-503.11
SECTION 40. In Colorado Revised Statutes, 25-2-112, amend12
(7)(a) as follows:13
25-2-112. Certificates of birth - filing - establishment of14
paternity - notice to collegeinvest. (7) The state registrar shall revise the15
birth certificate worksheet form used for the preparation of a certificate16
of live birth to include:17
(a) A statement that knowingly and intentionally misrepresenting18
material information on the worksheet form used for the preparation of19
a birth certificate is a misdemeanor PETTY OFFENSE;20
SECTION 41. In Colorado Revised Statutes, amend as it will21
become effective March 1, 2022, 25.5-3-111 as follows:22
25.5-3-111. Penalties. Any person who represents that any23
medical service is reimbursable or subject to payment under PURSUANT24
TO this part 1 when he or she THE PERSON knows that it is not commits a25
petty offense. and any ANY person who represents that he or she THE26
PERSON is eligible for assistance under PURSUANT TO this part 1 when he27
1229
-29- or she THE PERSON knows that he or she THE PERSON is not commits a1
class 2 misdemeanor and shall be punished as provided in section2
18-1.3-503.3
SECTION 42. In Colorado Revised Statutes, amend as it will4
become effective March 1, 2022, 42-2-310 as follows:5
42-2-310. Violation. Any person who violates any of the6
provisions of this part 3 commits a petty offense, as provided in section7
18-1.3-501 PURSUANT TO SECTION 18-1.3-503.8
SECTION 43. In Colorado Revised Statutes, 42-7-510, amend9
as it will become effective March 1, 2022, (3) as follows:10
42-7-510. Insurance or bond required. (3) Any person who11
violates any provision of this section commits a class A traffic infraction.12
If any violation of this section is committed on behalf of a partnership or13
corporation, any director, officer, partner, or high managerial agent14
thereof who authorized, ordered, permitted, or otherwise participated in,15
by commission or omission, such violation is also a class 1 CLASS A16
traffic infraction.17
SECTION 44. In Colorado Revised Statutes, 43-5-308, amend18
as it will become effective March 1, 2022, (1)(a) as follows:19
43-5-308. Flagpersons - definition - penalty. (1) (a) A person20
shall not fail or refuse to obey the visible instructions, signals, or direction21
displayed or given by a flagperson. A person who violates this subsection22
(1)(a) commits a
CLASS A traffic infraction.23
SECTION 45. Appropriation. For the 2021-22 state fiscal year,24
$124,800 is appropriated to the judicial department. This appropriation25
is from the general fund. To implement this act, the department may use26
this appropriation for information technology infrastructure. Any money27
1229
-30- appropriated in this section not expended prior to July 1, 2022, is further1
appropriated to the department for the 2022-23 state fiscal year for the2
same purpose.3
SECTION 46. Effective date - applicability. This act takes4
effect March 1, 2022, and applies to offenses committed on or after that5
date; except that section 16-2.3-102, Colorado Revised Statutes, as6
enacted in section 1 of this act, takes effect on September 1, 2022.7
SECTION 47. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
1229
-31-