Colorado 2022 Regular Session

Colorado House Bill HB1229 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. 22-0542.01 Michael Dohr x4347
1	8		HOUSE BILL 22-1229
2		-	~~BY REPRESENTATIVE(S) Weissman and Soper, Gray, Ricks, Snyder,~~
3		-	~~Woodrow, Lindsay, Michaelson Jenet;~~
4		-	~~also SENATOR(S) Gardner and Gonzales, Lee~~
5		-	.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
6	13		C
7		-	ONCERNING ADOPTING CLEAN -UP PROVISIONS TO SENATE BILL 21-271
8		-	WHICH ENACTED THE 2021 RECOMMENDATIONS OF THE COLORADO
9		-	COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
10		-	, AND, IN
11		-	CONNECTION THEREWITH
12		-	, MAKING AN APPROPRIATION.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, repeal and reenact,
16		-	with amendments, as it will become effective March 1, 2022, article 2.3
17		-	of title 16 as follows:
18		-	ARTICLE 2.3
19		-	Civil Infractions
	14	+	ONCERNING ADOPTING CLEAN -UP PROVISIONS TO SENATE BILL101
	15	+	21-271
	16	+	WHICH ENACTED THE 2021 RECOMMENDATIONS OF THE102
	17	+	C
	18	+	OLORADO COMMISSION ON CRIMINAL AND JUVENILE
	19	+	JUSTICE,103
	20	+	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.104
	21	+	Bill Summary
	22	+	(Note: This summary applies to this bill as introduced and does
	23	+	not reflect any amendments that may be subsequently adopted. If this bill
	24	+	passes third reading in the house of introduction, a bill summary that
	25	+	applies to the reengrossed version of this bill will be available at
	26	+	http://leg.colorado.gov
	27	+	.)
	28	+	Senate Bill 21-271 created a civil infraction as penalty for
	29	+	violations of the law that do not rise to criminal conduct. Senate Bill
	30	+	21-271 included procedures for civil infractions. The bill repeals those
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	March 21, 2022
	34	+	SENATE
	35	+	Amended 2nd Reading
	36	+	March 18, 2022
	37	+	HOUSE
	38	+	3rd Reading Unamended
	39	+	March 4, 2022
	40	+	HOUSE
	41	+	Amended 2nd Reading
	42	+	March 3, 2022
	43	+	HOUSE SPONSORSHIP
	44	+	Weissman and Soper, Gray, Ricks, Snyder, Woodrow
	45	+	SENATE SPONSORSHIP
	46	+	Gardner and Gonzales, Lee
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. provisions and replaces them with new procedures for handling civil
	50	+	infractions. The bill makes conforming amendments related to civil
	51	+	infractions. The bill makes clean-up changes to other provisions to
	52	+	conform to Senate Bill 21-271.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
	55	+	with amendments, as it will become effective March 1, 2022, article3
	56	+	2.3 of title 16 as follows:4
	57	+	ARTICLE 2.35
	58	+	Civil Infractions6
20	59		16-2.3-101. Civil infractions classified. (1) I
21		-	T IS A CIVIL
22		-	INFRACTION FOR ANY PERSON TO COMMIT ANY OFFENSE OR VIOLATE ANY
23		-	STATUTE OF THIS STATE THAT IS SPECIFICALLY CLASSIFIED AS A CIVIL
24		-	INFRACTION
25		-	. A CIVIL INFRACTION IS A CIVIL MATTER.
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. (2) FOR THE PURPOSES OF THIS ARTICLE 2.3:
	60	+	T IS A CIVIL7
	61	+	INFRACTION FOR ANY PERSON TO COMMIT ANY OFFENSE OR VIOLATE ANY8
	62	+	STATUTE OF THIS STATE THAT IS SPECIFICALLY CLASSIFIED AS A CIVIL9
	63	+	INFRACTION. A CIVIL INFRACTION IS A CIVIL MATTER.10
	64	+	(2) F
	65	+	OR THE PURPOSES OF THIS ARTICLE 2.3:11
34	66		(a) "J
35		-	UDGE" INCLUDES ANY COUNTY COURT MAGISTRATE WHO HEARS
36		-	A CIVIL INFRACTION MATTER
37		-	; AND
38		-	(b) "MAGISTRATE" INCLUDES ANY COUNTY COURT JUDGE WHO IS
39		-	ACTING AS A COUNTY COURT MAGISTRATE IN A CIVIL INFRACTION MATTER
40		-	.
	67	+	UDGE" INCLUDES ANY COUNTY COURT MAGISTRATE WHO12
	68	+	HEARS A CIVIL INFRACTION MATTER; AND13
	69	+	(b) "M
	70	+	AGISTRATE" INCLUDES ANY COUNTY COURT JUDGE WHO IS14
	71	+	ACTING AS A COUNTY COURT MAGISTRATE IN A CIVIL INFRACTION MATTER .15
41	72		(3) T
42		-	HE PENALTY FOR COMMISSION OF A CIVIL INFRACTION , UPON
43		-	CONVICTION
44		-	, IS A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS , UNLESS
45		-	OTHERWISE PROVIDED IN THE SECTION DESCRIBING THE INFRACTION
46		-	.
	73	+	HE PENALTY FOR COMMISSION OF A CIVIL INFRACTION , UPON16
	74	+	CONVICTION, IS A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS ,17
	75	+	UNLESS OTHERWISE PROVIDED IN THE SECTION DESCRIBING THE18
	76	+	INFRACTION.19
47	77		(4) E
48		-	VERY PERSON WHO IS CONVICTED OF , WHO ADMITS LIABILITY
49		-	FOR
50		-	, OR AGAINST WHOM A JUDGMENT IS ENTERED FOR A VIOLATION OF A
51		-	CIVIL INFRACTION MUST BE FINED AND HAVE A SURCHARGE LEVIED
	78	+	VERY PERSON WHO IS CONVICTED OF, WHO ADMITS LIABILITY20
	79	+	FOR, OR AGAINST WHOM A JUDGMENT IS ENTERED FOR A VIOLATION OF A21
	80	+	CIVIL INFRACTION MUST BE FINED AND HAVE A SURCHARGE LEVIED22
52	81		PURSUANT TO SECTIONS
53		-	24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(III), ~~AND~~
54		-	24-33.5-415.6.
55		-	16-2.3-102. Penalty assessment notice for civil infractions.
	82	+	24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(III), AND23
	83	+	1229-2- 24-33.5-415.6.1
	84	+	16-2.3-102. Penalty assessment notice for civil infractions.2
56	85		(1) (a) A
57		-	T ANY TIME THAT A PEACE OFFICER , AS DESCRIBED IN SECTION
58		-	16-2.5-101, CHARGES A PERSON WITH THE COMMISSION OF ANY CIVIL
59		-	INFRACTION
60		-	, THE PEACE OFFICER MAY, EXCEPT WHEN PROHIBITED BY THE
61		-	SECTION DESCRIBING THE CHARGED CIVIL INFRACTION
62		-	, OFFER TO GIVE A
63		-	PENALTY ASSESSMENT NOTICE TO THE PERSON
64		-	. FOR ALL CIVIL INFRACTIONS,
65		-	THE FINE LISTED ON THE PENALTY ASSESSMENT NOTICE IS ONE HUNDRED
66		-	DOLLARS
67		-	, UNLESS THE FINE IS OTHERWISE PROVIDED IN THE SECTION
68		-	DESCRIBING THE CIVIL INFRACTION
69		-	.
	86	+	T ANY TIME THAT A PEACE OFFICER, AS DESCRIBED IN SECTION3
	87	+	16-2.5-101,
	88	+	CHARGES A PERSON WITH THE COMMISSION OF ANY CIVIL4
	89	+	INFRACTION, THE PEACE OFFICER MAY, EXCEPT WHEN PROHIBITED BY THE5
	90	+	SECTION DESCRIBING THE CHARGED CIVIL
	91	+	INFRACTION, OFFER TO GIVE A6
	92	+	PENALTY ASSESSMENT NOTICE TO THE PERSON . FOR ALL CIVIL7
	93	+	INFRACTIONS, THE FINE LISTED ON THE PENALTY ASSESSMENT NOTICE IS8
	94	+	ONE HUNDRED DOLLARS, UNLESS THE FINE IS OTHERWISE PROVIDED IN THE9
	95	+	SECTION DESCRIBING THE CIVIL INFRACTION.10
70	96		(b) T
71		-	HE PENALTY ASSESSMENT NOTICE THAT A PEACE OFFICER
72		-	SERVES UPON THE PERSON MUST BE A SUMMONS AND COMPLAINT
73		-	CONTAINING THE FOLLOWING
74		-	:
	97	+	HE PENALTY ASSESSMENT NOTICE THAT A PEACE OFFICER11
	98	+	SERVES UPON THE PERSON MUST BE A SUMMONS AND COMPLAINT12
	99	+	CONTAINING THE FOLLOWING :13
75	100		(I) I
76		-	DENTIFICATION OF THE ALLEGED OFFENDER ;
	101	+	DENTIFICATION OF THE ALLEGED OFFENDER ;14
77	102		(II) S
78		-	PECIFICATION OF THE OFFENSE, INCLUDING A CITATION TO THE
79		-	SECTION ALLEGED TO HAVE BEEN VIOLATED AND A BRIEF DESCRIPTION OF
80		-	THE CIVIL INFRACTION
81		-	;
	103	+	PECIFICATION OF THE OFFENSE, INCLUDING A CITATION TO15
	104	+	THE SECTION ALLEGED TO HAVE BEEN VIOLATED AND A BRIEF DESCRIPTION16
	105	+	OF THE CIVIL INFRACTION;17
82	106		(III) T
83		-	HE AMOUNT OF THE FINE FOR THE CIVIL INFRACTION ~~AND THE~~
84		-	~~PAGE 2-HOUSE BILL 22-1229~~ AMOUNT OF THE SURCHARGES PURSUANT TO SECTIONS 24-4.1-~~119 (1)(g),~~
85		-	24-4.2-104
86		-	(1), AND 24-33.5-415.6;
	107	+	HE AMOUNT OF THE FINE FOR THE CIVIL INFRACTION AND18
	108	+	THE AMOUNT OF THE SURCHARGES PURSUANT TO SECTIONS 24-4.1-11919
	109	+	(1)(g), 24-4.2-104
	110	+	(1), AND 24-33.5-415.6;20
87	111		(IV) T
88		-	HE DATE THE PEACE OFFICER SERVES THE PENALTY
89		-	ASSESSMENT NOTICE UPON THE PERSON
90		-	;
	112	+	HE DATE THE PEACE OFFICER SERVES THE PENALTY21
	113	+	ASSESSMENT NOTICE UPON THE PERSON ;22
91	114		(V) I
92		-	NSTRUCTIONS TO THE PERSON TO APPEAR IN A SPECIFIED
93		-	COUNTY COURT AT A SPECIFIED TIME AND PLACE IF THE FINE AND
94		-	SURCHARGES ARE NOT PAID
95		-	;
	115	+	NSTRUCTIONS TO THE PERSON TO APPEAR IN A SPECIFIED23
	116	+	COUNTY COURT AT A SPECIFIED TIME AND PLACE IF THE FINE AND24
	117	+	SURCHARGES ARE NOT PAID;25
96	118		(VI) T
97		-	HE PEACE OFFICER'S SIGNATURE;
	119	+	HE PEACE OFFICER'S SIGNATURE;26
98	120		(VII) A
99		-	PLACE WHERE THE PERSON MAY EXECUTE A ~~SIGNED~~
100		-	~~ACKNOWLEDGMENT OF LIABILITY AND AN AGREEMENT TO PAY THE FINE AND~~
101		-	~~SURCHARGES WITHIN TWENTY DAYS~~
102		-	; ~~AND~~
103		-	(VIII) ~~OTHER INFORMATION AS MAY BE REQUIRED BY LAW TO~~
104		-	~~CONSTITUTE THE PENALTY ASSESSMENT NOTICE TO~~ BE ~~A SUMMONS AND~~
105		-	~~COMPLAINT SHOULD~~ THE ~~FINE AND SURCHARGES NOT~~ BE ~~PAID WITHIN THE~~
106		-	~~TIME ALLOWED IN SUBSECTION~~
107		-	(2) OF THIS SECTION.
	121	+	PLACE WHERE THE PERSON MAY EXECUTE A SIGNED27
	122	+	1229
	123	+	-3- ACKNOWLEDGMENT OF LIABILITY AND AN AGREEMENT TO PAY THE FINE1
	124	+	AND SURCHARGES WITHIN TWENTY DAYS ; AND2
	125	+	(VIII)
	126	+	OTHER INFORMATION AS MAY BE REQUIRED BY LAW TO3
	127	+	CONSTITUTE THE PENALTY ASSESSMENT NOTICE TO BE A SUMMONS AND4
	128	+	COMPLAINT SHOULD THE FINE AND SURCHARGES NOT BE PAID WITHIN THE5
	129	+	TIME ALLOWED IN SUBSECTION (2) OF THIS SECTION.6
108	130		(c) A
109		-	PENALTY ASSESSMENT NOTICE ISSUED AND SERVED PURSUANT
110		-	TO SUBSECTION
111		-	(1)(a) OF THIS SECTION ON A MINOR UNDER EIGHTEEN YEARS
112		-	OF AGE MUST ALSO CONTAIN OR BE ACCOMPANIED BY A DOCUMENT
113		-	CONTAINING
114		-	:
	131	+	PENALTY ASSESSMENT NOTICE ISSUED AND SERVED7
	132	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION ON A MINOR UNDER8
	133	+	EIGHTEEN YEARS OF AGE MUST ALSO CONTAIN OR BE ACCOMPANIED BY A9
	134	+	DOCUMENT CONTAINING :10
115	135		(I) A
116		-	PREPRINTED DECLARATION STATING THAT THE MINOR 'S PARENT
117		-	OR LEGAL GUARDIAN HAS REVIEWED THE CONTENTS OF THE PENALTY
118		-	ASSESSMENT NOTICE WITH THE MINOR
119		-	;
	136	+	PREPRINTED DECLARATION STATING THAT THE MINOR 'S11
	137	+	PARENT OR LEGAL GUARDIAN HAS REVIEWED THE CONTENTS OF THE12
	138	+	PENALTY ASSESSMENT NOTICE WITH THE MINOR ;13
120	139		(II) P
121		-	REPRINTED SIGNATURE LINES FOLLOWING THE DECLARATION ON
122		-	WHICH THE REVIEWING PERSON DESCRIBED IN SUBSECTION
123		-	(1)(c)(I) OF THIS
124		-	SECTION SHALL AFFIX THE PERSON
125		-	'S SIGNATURE AND FOR A NOTARY PUBLIC
126		-	TO DULY ACKNOWLEDGE THE REVIEWING PERSON
127		-	'S SIGNATURE; AND
128		-	(III) AN ADVISEMENT TO THE MINOR THAT :
	140	+	REPRINTED SIGNATURE LINES FOLLOWING THE DECLARATION14
	141	+	ON WHICH THE REVIEWING PERSON DESCRIBED IN SUBSECTION (1)(c)(I) OF15
	142	+	THIS SECTION SHALL AFFIX THE PERSON'S SIGNATURE AND FOR A NOTARY16
	143	+	PUBLIC TO DULY ACKNOWLEDGE THE REVIEWING PERSON 'S SIGNATURE;17
	144	+	AND18
	145	+	(III) A
	146	+	N ADVISEMENT TO THE MINOR THAT :19
129	147		(A) T
130		-	HE MINOR SHALL, WITHIN SEVENTY-TWO HOURS AFTER SERVICE
131		-	OF THE PENALTY ASSESSMENT NOTICE
132		-	, INFORM THE MINOR'S PARENT OR
133		-	LEGAL GUARDIAN THAT THE MINOR HAS RECEIVED A PENALTY ASSESSMENT
134		-	PAGE 3-HOUSE BILL 22-1229 NOTICE;
	148	+	HE MINOR SHALL, WITHIN SEVENTY-TWO HOURS AFTER20
	149	+	SERVICE OF THE PENALTY ASSESSMENT NOTICE , INFORM THE MINOR'S21
	150	+	PARENT OR LEGAL GUARDIAN THAT THE MINOR HAS RECEIVED A PENALTY22
	151	+	ASSESSMENT NOTICE;23
135	152		(B) T
136		-	HE PARENT OR LEGAL GUARDIAN OF THE MINOR IS REQUIRED BY
137		-	LAW TO REVIEW AND SIGN THE PENALTY ASSESSMENT NOTICE AND TO HAVE
138		-	THE PERSON
139		-	'S SIGNATURE DULY ACKNOWLEDGED BY A NOTARY PUBLIC ; AND
140		-	(C) NONCOMPLIANCE WITH THE REQUIREMENT SET FORTH IN
141		-	SUBSECTION
142		-	(1)(c)(III)(B) OF THIS SECTION WILL RESULT IN THE MINOR AND
143		-	THE PARENT OR LEGAL GUARDIAN OF THE MINOR BEING REQUIRED TO APPEAR
144		-	IN COURT PURSUANT TO SUBSECTION
145		-	(4) OF THIS SECTION.
	153	+	HE PARENT OR LEGAL GUARDIAN OF THE MINOR IS REQUIRED24
	154	+	BY LAW TO REVIEW AND SIGN THE PENALTY ASSESSMENT NOTICE AND TO25
	155	+	HAVE THE PERSON'S SIGNATURE DULY ACKNOWLEDGED BY A NOTARY26
	156	+	PUBLIC; AND27
	157	+	1229
	158	+	-4- (C) NONCOMPLIANCE WITH THE REQUIREMENT SET FORTH IN1
	159	+	SUBSECTION (1)(c)(III)(B) OF THIS SECTION WILL RESULT IN THE MINOR2
	160	+	AND THE PARENT OR LEGAL GUARDIAN OF THE MINOR BEING REQUIRED TO3
	161	+	APPEAR IN COURT PURSUANT TO SUBSECTION (4) OF THIS SECTION.4
146	162		(d) T
147		-	HE PEACE OFFICER MUST SERVE ONE COPY OF THE PENALTY
148		-	ASSESSMENT NOTICE UPON THE PERSON AND SHALL SEND ONE COPY TO THE
149		-	CLERK OF THE COUNTY COURT IN THE COUNTY IN WHICH THE ALLEGED
150		-	OFFENSE OCCURRED
151		-	. THE COPY SENT TO THE CLERK OF THE COUNTY COURT
152		-	MUST BE SENT IMMEDIATELY AFTER SERVICE UPON THE PERSON
153		-	.
	163	+	HE PEACE OFFICER MUST SERVE ONE COPY OF THE PENALTY5
	164	+	ASSESSMENT NOTICE UPON THE PERSON AND SHALL SEND ONE COPY TO6
	165	+	THE CLERK OF THE COUNTY COURT IN THE COUNTY IN WHICH THE ALLEGED7
	166	+	OFFENSE OCCURRED.
	167	+	THE COPY SENT TO THE CLERK OF THE COUNTY8
	168	+	COURT MUST BE SENT IMMEDIATELY AFTER SERVICE UPON THE PERSON .9
154	169		(e) T
155		-	HE TIME SPECIFIED IN THE SUMMONS PORTION OF THE PENALTY
156		-	ASSESSMENT NOTICE MUST BE AT LEAST THIRTY DAYS BUT NOT MORE THAN
157		-	NINETY DAYS AFTER THE DATE THE PENALTY ASSESSMENT NOTICE IS
158		-	SERVED
159		-	.
	170	+	HE TIME SPECIFIED IN THE SUMMONS PORTION OF THE10
	171	+	PENALTY ASSESSMENT NOTICE MUST BE AT LEAST THIRTY DAYS BUT NOT11
	172	+	MORE THAN NINETY DAYS AFTER THE DATE THE PENALTY ASSESSMENT12
	173	+	NOTICE IS SERVED.13
160	174		(f) T
161		-	HE PLACE SPECIFIED IN THE SUMMONS PORTION OF ~~THE PENALTY~~
162		-	ASSESSMENT NOTICE MUST BE A COUNTY COURT WITHIN ~~THE COUNTY IN~~
163		-	WHICH THE CIVIL INFRACTION IS ALLEGED TO HAVE ~~BEEN COMMITTED~~
164		-	.
	175	+	HE PLACE SPECIFIED IN THE SUMMONS PORTION OF THE14
	176	+	PENALTY ASSESSMENT NOTICE MUST BE A COUNTY COURT WITHIN THE15
	177	+	COUNTY IN WHICH THE CIVIL INFRACTION IS ALLEGED TO HAVE BEEN16
	178	+	COMMITTED.17
165	179		(g) I
166		-	F THE PERSON REFUSES TO ACCEPT SERVICE OF THE PENALTY
167		-	ASSESSMENT NOTICE
168		-	, TENDER OF THE NOTICE BY THE PEACE OFFICER TO THE
169		-	PERSON CONSTITUTES SERVICE UPON THE PERSON
170		-	.
	180	+	F THE PERSON REFUSES TO ACCEPT SERVICE OF THE PENALTY18
	181	+	ASSESSMENT NOTICE, TENDER OF THE NOTICE BY THE PEACE OFFICER TO19
	182	+	THE PERSON CONSTITUTES SERVICE UPON THE PERSON .20
171	183		(2) (a) I
172		-	F THE PERSON SERVED A PENALTY ASSESSMENT NOTICE
173		-	ACKNOWLEDGES GUILT
174		-	, THE PERSON MAY PAY THE SPECIFIED FINE AND
175		-	SURCHARGES IN PERSON OR BY MAIL AT THE PLACE AND WITHIN THE TIME
176		-	SPECIFIED IN THE NOTICE
177		-	. IF THE PERSON DOES NOT ACKNOWLEDGE GUILT ,
178		-	THE PERSON SHALL APPEAR AS REQUIRED IN THE NOTICE . UPON FINAL
179		-	HEARING
180		-	, IF THE PERSON IS FOUND GUILTY, THE COURT SHALL IMPOSE THE
181		-	FINE AND SURCHARGES SPECIFIED IN THE NOTICE FOR THE OFFENSE FOR
182		-	WHICH THE PERSON WAS FOUND GUILTY AND THE COURT MAY IMPOSE COURT
183		-	COSTS AGAINST THE PERSON IN ADDITION TO THE FINE AND SURCHARGES
184		-	.
185		-	PAGE 4-HOUSE BILL 22-1229 (b) THE FINE SPECIFIED IN THE PENALTY ASSESSMENT NOTICE FOR
186		-	THE VIOLATION CHARGED AND THE SURCHARGES MUST BE PAID TO THE
187		-	CLERK OF THE COURT OF THE JURISDICTION IN WHICH THE OFFENSE IS
188		-	ALLEGED TO HAVE OCCURRED
189		-	, EITHER IN PERSON OR BY POSTMARKING SUCH
190		-	PAYMENT WITHIN TWENTY DAYS AFTER THE DATE THE PENALTY ASSESSMENT
191		-	NOTICE IS SERVED UPON THE PERSON
192		-	. EXCEPT AS OTHERWISE PROVIDED IN
193		-	SUBSECTION
194		-	(4) OF THIS SECTION, ACCEPTANCE OF A PENALTY ASSESSMENT
195		-	NOTICE AND PAYMENT OF THE FINE AND SURCHARGES TO THE COURT IS
196		-	COMPLETE SATISFACTION FOR THE VIOLATION
197		-	. THE PERSON MUST BE GIVEN
198		-	A RECEIPT IF THE PERSON PAYS THE FINE AND SURCHARGES IN CURRENCY OR
199		-	OTHER FORM OF LEGAL TENDER
200		-	.
	184	+	F THE PERSON SERVED A PENALTY ASSESSMENT NOTICE21
	185	+	ACKNOWLEDGES GUILT , THE PERSON MAY PAY THE SPECIFIED FINE AND22
	186	+	SURCHARGES IN PERSON OR BY MAIL AT THE PLACE AND WITHIN THE TIME23
	187	+	SPECIFIED IN THE NOTICE. IF THE PERSON DOES NOT ACKNOWLEDGE GUILT ,24
	188	+	THE PERSON SHALL APPEAR AS REQUIRED IN THE NOTICE . UPON
	189	+	FINAL25
	190	+	HEARING, IF THE PERSON IS FOUND GUILTY, THE COURT SHALL IMPOSE THE26
	191	+	FINE AND SURCHARGES SPECIFIED IN THE NOTICE FOR THE OFFENSE FOR27
	192	+	1229
	193	+	-5- WHICH THE PERSON WAS FOUND GUILTY AND THE COURT MAY IMPOSE1
	194	+	COURT COSTS AGAINST THE PERSON IN ADDITION TO THE FINE AND2
	195	+	SURCHARGES.3
	196	+	(b) T
	197	+	HE FINE SPECIFIED IN THE PENALTY ASSESSMENT NOTICE FOR4
	198	+	THE VIOLATION CHARGED AND THE SURCHARGES MUST BE PAID TO THE5
	199	+	CLERK OF THE COURT OF THE JURISDICTION IN WHICH THE OFFENSE IS6
	200	+	ALLEGED TO HAVE OCCURRED , EITHER IN PERSON OR BY POSTMARKING7
	201	+	SUCH PAYMENT WITHIN TWENTY DAYS AFTER THE DATE THE PENALTY8
	202	+	ASSESSMENT NOTICE IS SERVED UPON THE PERSON . EXCEPT AS OTHERWISE9
	203	+	PROVIDED IN SUBSECTION (4) OF THIS SECTION, ACCEPTANCE OF A10
	204	+	PENALTY ASSESSMENT NOTICE AND PAYMENT OF THE FINE AND11
	205	+	SURCHARGES TO THE COURT IS COMPLETE SATISFACTION FOR THE12
	206	+	VIOLATION. THE PERSON MUST BE GIVEN A RECEIPT IF THE PERSON PAYS13
	207	+	THE FINE AND SURCHARGES IN CURRENCY OR OTHER FORM OF LEGAL14
	208	+	TENDER.15
201	209		(3) I
202		-	F A PERSON CHARGED WITH A CIVIL INFRACTION FAILS TO PAY
203		-	THE FINE AND SURCHARGES WITHIN TWENTY DAYS AFTER THE DATE OF THE
204		-	PENALTY ASSESSMENT NOTICE
205		-	, OR IF THE CLERK OF THE COURT DOES NOT
206		-	ACCEPT PAYMENT FOR THE FINE AND SURCHARGES AS EVIDENCED BY
207		-	RECEIPT
208		-	, THE PERSON IS ALLOWED TO PAY THE FINE, SURCHARGES, AND THE
209		-	DOCKET FEES IN THE AMOUNTS SET FORTH IN SECTIONS
210		-	13-1-204 (1)(b) AND
211		-	16-2.3-106 (5)(a)(I) TO THE CLERK OF THE COURT REFERRED TO IN THE
212		-	SUMMONS PORTION OF THE PENALTY ASSESSMENT NOTICE DURING THE TWO
213		-	BUSINESS DAYS PRIOR TO THE TIME FOR APPEARANCE
214		-	, AS SPECIFIED IN THE
215		-	NOTICE
216		-	. IF THE FINE FOR A CIVIL INFRACTION AND SURCHARGES IS NOT
217		-	TIMELY PAID
218		-	, THE CASE IS HEARD IN THE COURT OF COMPETENT
219		-	JURISDICTION PRESCRIBED ON THE PENALTY ASSESSMENT NOTICE IN THE
220		-	MANNER PROVIDED FOR IN THIS ARTICLE
221		-	2.3 FOR THE PROSECUTION OF CIVIL
222		-	INFRACTIONS
223		-	.
	210	+	F A PERSON CHARGED WITH A CIVIL INFRACTION FAILS TO PAY16
	211	+	THE FINE AND SURCHARGES WITHIN TWENTY DAYS AFTER THE DATE OF17
	212	+	THE PENALTY ASSESSMENT NOTICE , OR IF THE CLERK OF THE COURT DOES18
	213	+	NOT ACCEPT PAYMENT FOR THE FINE AND SURCHARGES AS EVIDENCED BY19
	214	+	RECEIPT, THE PERSON IS ALLOWED TO PAY THE FINE, SURCHARGES, AND20
	215	+	THE DOCKET FEES IN THE AMOUNTS SET FORTH IN SECTIONS 13-1-20421
	216	+	(1)(b) AND 16-2.3-106 (5)(a)(I) TO THE CLERK OF THE COURT REFERRED22
	217	+	TO IN THE SUMMONS PORTION OF THE PENALTY ASSESSMENT NOTICE23
	218	+	DURING THE TWO BUSINESS DAYS PRIOR TO THE TIME FOR APPEARANCE , AS24
	219	+	SPECIFIED IN THE NOTICE. IF THE FINE FOR A CIVIL INFRACTION AND25
	220	+	SURCHARGES IS NOT TIMELY PAID, THE CASE IS HEARD IN THE COURT OF26
	221	+	COMPETENT JURISDICTION PRESCRIBED ON THE PENALTY ASSESSMENT27
	222	+	1229
	223	+	-6- NOTICE IN THE MANNER PROVIDED FOR IN THIS ARTICLE 2.3 FOR THE1
	224	+	PROSECUTION OF CIVIL INFRACTIONS.2
224	225		(4) N
225		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF THIS
226		-	SECTION
227		-	, A MINOR UNDER EIGHTEEN YEARS OF AGE SHALL APPEAR AT A
228		-	HEARING ON THE DATE AND TIME SPECIFIED IN THE PENALTY ASSESSMENT
229		-	NOTICE AND ANSWER THE ALLEGED VIOLATION IF THE PENALTY ASSESSMENT
230		-	WAS TIMELY PAID BUT NOT SIGNED AND NOTARIZED IN THE MANNER
231		-	REQUIRED BY SUBSECTION
232		-	(1)(c)(III)(B) OF THIS SECTION.
	226	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF3
	227	+	THIS SECTION, A MINOR UNDER EIGHTEEN YEARS OF AGE SHALL APPEAR AT4
	228	+	A HEARING ON THE DATE AND TIME SPECIFIED IN THE PENALTY5
	229	+	ASSESSMENT NOTICE AND ANSWER THE ALLEGED VIOLATION IF THE6
	230	+	PENALTY ASSESSMENT WAS TIMELY PAID BUT NOT SIGNED AND NOTARIZED7
	231	+	IN THE MANNER REQUIRED BY SUBSECTION (1)(c)(III)(B) OF THIS SECTION.8
233	232		(5) N
234		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS
235		-	SECTION
236		-	, IF THE OFFENSE CHARGED IS FOR THE COMMISSION OF A CIVIL
237		-	INFRACTION FOR A PARKS AND WILDLIFE VIOLATION CONTAINED IN TITLE
238		-	33,
239		-	THE PENALTY ASSESSMENT PROCEDURES CONTAINED IN SECTION 33-6-104
240		-	OR 33-15-102 APPLY.
241		-	PAGE 5-HOUSE BILL 22-1229 16-2.3-103. Summons and complaint for civil infractions. (1) A
242		-	SUMMONS AND COMPLAINT MAY BE ISSUED BY ANY PEACE OFFICER FOR AN
243		-	OFFENSE CONSTITUTING A CIVIL INFRACTION COMMITTED IN THE PEACE
244		-	OFFICER
245		-	'S PRESENCE OR, IF NOT COMMITTED IN THE PEACE OFFICER 'S
246		-	PRESENCE
247		-	, THAT THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE WAS
248		-	COMMITTED AND PROBABLE CAUSE TO BELIEVE WAS COMMITTED BY THE
249		-	PERSON CHARGED
250		-	. EXCEPT FOR PENALTY ASSESSMENT NOTICES , WHICH
251		-	MUST BE HANDLED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION
252		-	16-2-201 OR 16-2.3-102, A COPY OF A SUMMONS AND COMPLAINT ISSUED
253		-	MUST BE FILED IMMEDIATELY WITH THE COUNTY COURT BEFORE WHICH
254		-	APPEARANCE IS REQUIRED
255		-	, AND A SECOND COPY MUST BE GIVEN TO THE
256		-	DISTRICT ATTORNEY OR DEPUTY DISTRICT ATTORNEY FOR THE COUNTY
257		-	.
258		-	(2) A
259		-	SUMMONS ISSUED BY THE COUNTY COURT FOR A CIVIL
260		-	INFRACTION MAY BE SERVED BY GIVING A COPY TO THE PERSON OR BY
261		-	LEAVING A COPY AT THE PERSON
262		-	'S USUAL PLACE OF ABODE WITH A PERSON
263		-	OVER THE AGE OF EIGHTEEN YEARS RESIDING THEREIN
264		-	, OR BY MAILING A
265		-	COPY TO THE PERSON
266		-	'S LAST KNOWN ADDRESS BY CERTIFIED MAIL , RETURN
267		-	RECEIPT REQUESTED
268		-	, NOT LESS THAN FOURTEEN DAYS PRIOR TO THE TIME
269		-	THE PERSON IS REQUIRED TO APPEAR
270		-	. SERVICE BY MAIL IS COMPLETE UPON
271		-	THE RETURN OF THE RECEIPT SIGNED BY THE PERSON
272		-	. PERSONAL SERVICE
273		-	MUST BE MADE BY ANY DISINTERESTED PARTY OVER EIGHTEEN YEARS OF
274		-	AGE
275		-	.
276		-	16-2.3-104. Parties to a crime. A
277		-	PERSON IS LEGALLY
278		-	ACCOUNTABLE AS PRINCIPAL FOR THE BEHAVIOR OF ANOTHER PERSON WHO
279		-	COMMITS A CIVIL INFRACTION IF
280		-	, WITH THE INTENT TO PROMOTE OR
281		-	FACILITATE THE COMMISSION OF THE OFFENSE
282		-	, THE PERSON AIDS, ABETS,
283		-	ADVISES, OR ENCOURAGES THE OTHER PERSON IN PLANNING OR COMMITTING
284		-	THE OFFENSE
285		-	.
286		-	16-2.3-105. Civil infractions - proper court for hearing - burden
287		-	of proof - appeal - collateral attack. (1)
288		-	A COUNTY COURT MAGISTRATE
289		-	APPOINTED PURSUANT TO PART
290		-	5 OF ARTICLE 6 OF TITLE 13, OR A COUNTY
291		-	JUDGE ACTING AS A MAGISTRATE
292		-	, SHALL CONDUCT THE HEARING IN A
293		-	COUNTY COURT FOR THE ADJUDICATION OF A CIVIL INFRACTION
294		-	; EXCEPT
295		-	THAT
296		-	, IF THE CHARGE INCLUDES A CRIME AND CIVIL INFRACTION IN THE SAME
297		-	SUMMONS AND COMPLAINT
298		-	, ALL CHARGES MUST BE MADE RETURNABLE
299		-	BEFORE A JUDGE OR MAGISTRATE WHO HAS JURISDICTION OVER THE CRIME
300		-	.
301		-	T
302		-	HE COLORADO RULES OF CRIMINAL PROCEDURE APPLY IN A CASE THAT
303		-	PAGE 6-HOUSE BILL 22-1229 CONTAINS BOTH A CRIME AND A CIVIL INFRACTION .
	233	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF9
	234	+	THIS SECTION, IF THE OFFENSE CHARGED IS FOR THE COMMISSION OF A10
	235	+	CIVIL INFRACTION FOR A PARKS AND WILDLIFE VIOLATION CONTAINED IN11
	236	+	TITLE 33, THE PENALTY ASSESSMENT PROCEDURES CONTAINED IN SECTION12
	237	+	33-6-104
	238	+	OR 33-15-102 APPLY.13
	239	+	16-2.3-103. Summons and complaint for civil infractions. (1) A14
	240	+	SUMMONS AND COMPLAINT MAY BE ISSUED BY ANY PEACE OFFICER FOR AN15
	241	+	OFFENSE CONSTITUTING A CIVIL INFRACTION COMMITTED IN THE PEACE16
	242	+	OFFICER'S PRESENCE OR, IF NOT COMMITTED IN THE PEACE OFFICER 'S17
	243	+	PRESENCE, THAT THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE18
	244	+	WAS COMMITTED AND PROBABLE CAUSE TO BELIEVE WAS COMMITTED BY19
	245	+	THE PERSON CHARGED. EXCEPT FOR PENALTY ASSESSMENT NOTICES,20
	246	+	WHICH MUST BE HANDLED PURSUANT TO THE PROCEDURES SET FORTH IN21
	247	+	SECTION 16-2-201 OR 16-2.3-102, A COPY OF A SUMMONS AND COMPLAINT22
	248	+	ISSUED MUST BE FILED IMMEDIATELY WITH THE COUNTY COURT BEFORE23
	249	+	WHICH APPEARANCE IS REQUIRED, AND A SECOND COPY MUST BE GIVEN TO24
	250	+	THE DISTRICT ATTORNEY OR DEPUTY DISTRICT ATTORNEY FOR THE25
	251	+	COUNTY.26
	252	+	(2) A SUMMONS ISSUED BY THE COUNTY COURT FOR A CIVIL27
	253	+	1229
	254	+	-7- INFRACTION MAY BE SERVED BY GIVING A COPY TO THE PERSON OR BY1
	255	+	LEAVING A COPY AT THE PERSON'S USUAL PLACE OF ABODE WITH A PERSON2
	256	+	OVER THE AGE OF EIGHTEEN YEARS RESIDING THEREIN, OR BY MAILING A3
	257	+	COPY TO THE PERSON'S LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN4
	258	+	RECEIPT REQUESTED, NOT LESS THAN FOURTEEN DAYS PRIOR TO THE TIME5
	259	+	THE PERSON IS REQUIRED TO APPEAR. SERVICE BY MAIL IS COMPLETE UPON6
	260	+	THE RETURN OF THE RECEIPT SIGNED BY THE PERSON. PERSONAL SERVICE7
	261	+	MUST BE MADE BY ANY DISINTERESTED PARTY OVER EIGHTEEN YEARS OF8
	262	+	AGE.9
	263	+	16-2.3-104. Parties to a crime. A PERSON IS LEGALLY10
	264	+	ACCOUNTABLE AS PRINCIPAL FOR THE BEHAVIOR OF ANOTHER PERSON11
	265	+	WHO COMMITS A CIVIL INFRACTION IF, WITH THE INTENT TO PROMOTE OR12
	266	+	FACILITATE THE COMMISSION OF THE OFFENSE , THE PERSON AIDS, ABETS,13
	267	+	ADVISES, OR ENCOURAGES THE OTHER PERSON IN PLANNING OR14
	268	+	COMMITTING THE OFFENSE.15
	269	+	16-2.3-105. Civil infractions - proper court for hearing -16
	270	+	burden of proof - appeal - collateral attack. (1)
	271	+	A COUNTY COURT17
	272	+	MAGISTRATE APPOINTED PURSUANT TO PART 5 OF ARTICLE 6 OF TITLE 13,18
	273	+	OR A COUNTY JUDGE ACTING AS A MAGISTRATE , SHALL CONDUCT THE19
	274	+	HEARING IN A COUNTY COURT FOR THE ADJUDICATION OF A CIVIL20
	275	+	INFRACTION; EXCEPT THAT, IF THE CHARGE INCLUDES A CRIME AND CIVIL21
	276	+	INFRACTION IN THE SAME SUMMONS AND COMPLAINT , ALL CHARGES MUST22
	277	+	BE MADE RETURNABLE BEFORE A JUDGE OR MAGISTRATE WHO HAS23
	278	+	JURISDICTION OVER THE CRIME . THE COLORADO RULES OF CRIMINAL24
	279	+	PROCEDURE APPLY IN A CASE THAT CONTAINS BOTH A CRIME AND A CIVIL25
	280	+	INFRACTION.26
304	281		(2) W
305		-	HEN A COURT OF COMPETENT JURISDICTION DETERMINES THAT
306		-	A PERSON CHARGED WITH A MISDEMEANOR OR PETTY OFFENSE IS GUILTY OF
307		-	A LESSER INCLUDED OFFENSE THAT IS A CIVIL INFRACTION
308		-	, THE COURT MAY
309		-	ENTER A JUDGMENT AS TO THE LESSER INCLUDED OFFENSE
310		-	.
	282	+	HEN A COURT OF COMPETENT JURISDICTION DETERMINES27
	283	+	1229
	284	+	-8- THAT A PERSON CHARGED WITH A MISDEMEANOR OR P ETTY OFFENSE IS1
	285	+	GUILTY OF A LESSER INCLUDED OFFENSE THAT IS A CIVIL INFRACTION, THE2
	286	+	COURT MAY ENTER A JUDGMENT AS TO THE LESSER INCLUDED OFFENSE .3
311	287		(3) I
312		-	N A CIVIL INFRACTION CASE, THE BURDEN OF PROOF IS ON THE
313		-	PEOPLE
314		-	, AND THE MAGISTRATE SHALL ENTER J UDGMENT IN FAVOR OF THE
315		-	PERSON UNLESS THE PEOPLE PROVE THE LIABILITY OF THE PERSON BEYOND
316		-	A REASONABLE DOUBT
317		-	. THE DISTRICT ATTORNEY OR A DISTRICT ATTORNEY'S
318		-	DEPUTY MAY
319		-	, BUT IS NOT REQUIRED TO, AT THE DISTRICT ATTORNEY 'S
320		-	DISCRETION
321		-	, ENTER A CIVIL INFRACTION CASE FOR THE PURPOSE OF
322		-	ATTEMPTING TO NEGOTIATE A PLEA TO A LESSER OFFENSE
323		-	, REDUCED
324		-	PENALTY
325		-	, OR A STIPULATION TO PRETRIAL DIVERSION OR DEFERRED
326		-	JUDGMENT AND SENTENCE
327		-	. THE DISTRICT ATTORNEY SHALL NOT REPRESENT
328		-	THE STATE AT HEARINGS CONDUCTED BY A MAGISTRATE OR A COUNTY
329		-	JUDGE ACTING AS A MAGISTRATE ON CIVIL INFRACTION MATTERS
330		-	. THE
331		-	MAGISTRATE OR COUNTY JUDGE ACTING AS A MAGISTRATE MAY CALL AND
332		-	QUESTION ANY WITNESS AND SHALL ACT AS THE FACT FINDER AT HEARINGS
333		-	ON CIVIL INFRACTION MATTERS
334		-	.
	288	+	N A CIVIL INFRACTION CASE, THE BURDEN OF PROOF IS ON THE4
	289	+	PEOPLE, AND THE MAGISTRATE SHALL ENTER JUDGMENT IN FAVOR OF THE5
	290	+	PERSON UNLESS THE PEOPLE PROVE THE LIABILITY OF THE PERSON BEYOND6
	291	+	A REASONABLE DOUBT . THE DISTRICT ATTORNEY OR A DISTRICT7
	292	+	ATTORNEY'S DEPUTY MAY, BUT IS NOT REQUIRED TO, AT THE DISTRICT8
	293	+	ATTORNEY'S DISCRETION, ENTER A CIVIL INFRACTION CASE FOR THE9
	294	+	PURPOSE OF ATTEMPTING TO NEGOTIATE A PLEA TO A LESSER OFFENSE ,10
	295	+	REDUCED PENALTY, OR A STIPULATION TO PRETRIAL DIVERSION OR11
	296	+	DEFERRED JUDGMENT AND SENTENCE . THE DISTRICT ATTORNEY SHALL12
	297	+	NOT REPRESENT THE STATE AT HEARINGS CONDUCTED BY A MAGISTRATE13
	298	+	OR A COUNTY JUDGE ACTING AS A MAGISTRATE ON CIVIL INFRACTION14
	299	+	MATTERS. THE MAGISTRATE OR COUNTY JUDGE ACTING AS A MAGISTRATE15
	300	+	MAY CALL AND QUESTION ANY WITNESS AND SHALL ACT AS THE FACT16
	301	+	FINDER AT HEARINGS ON CIVIL INFRACTION MATTERS .17
335	302		(4) A
336		-	N APPEAL FROM FINAL JUDGMENT ON A CIVIL INFRACTION
337		-	MATTER MUST BE TAKEN TO THE DISTRICT COURT FOR THE COUNTY WHERE
338		-	THE MAGISTRATE OR JUDGE ACTING AS MAGISTRATE IS LOCATED
339		-	.
	303	+	N APPEAL FROM FINAL JUDGMENT ON A CIVIL INFRACTION18
	304	+	MATTER MUST BE TAKEN TO THE DISTRICT COURT FOR THE COUNTY WHERE19
	305	+	THE MAGISTRATE OR JUDGE ACTING AS MAGISTRATE IS LOCATED .20
340	306		(5) (a) E
341		-	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF
342		-	THIS SECTION
343		-	, A PERSON AGAINST WHOM A JUDGMENT IS ENTERED FOR A
344		-	CIVIL INFRACTION MAY NOT COLLATERALLY ATTACK THE VALIDITY OF THAT
345		-	JUDGMENT UNLESS THE PERSON COMMENCES THE ATTACK WITHIN SIX
346		-	MONTHS AFTER THE DATE OF ENTRY OF THE JUDGMENT
347		-	.
	307	+	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF21
	308	+	THIS SECTION, A PERSON AGAINST WHOM A JUDGMENT IS ENTERED FOR A22
	309	+	CIVIL INFRACTION MAY NOT COLLATERALLY ATTACK THE VALIDITY OF23
	310	+	THAT JUDGMENT UNLESS THE PERSON COMMENCES THE ATTACK WITHIN24
	311	+	SIX MONTHS AFTER THE DATE OF ENTRY OF THE JUDGMENT .25
348	312		(b) I
349		-	N RECOGNITION OF THE DIFFICULTIES ATTENDING THE
350		-	LITIGATION OF STALE CLAIMS AND THE POTENTIAL FOR FRUSTRATING
351		-	VARIOUS STATUTORY PROVISIONS DIRECTED AT REPEAT OFFENDERS
352		-	, FORMER
353		-	OFFENDERS
354		-	, AND HABITUAL OFFENDERS, THE ONLY EXCEPTIONS TO THE TIME
355		-	LIMITATION SPECIFIED IN SUBSECTION
356		-	(5)(a) OF THIS SECTION ARE CASES IN
357		-	WHICH THE COURT HEARING THE COLLATERAL ATTACK FINDS
358		-	:
	313	+	N RECOGNITION OF THE DIFFICULTIES ATTENDING THE26
	314	+	LITIGATION OF STALE CLAIMS AND THE POTENTIAL FOR FRUSTRATING27
	315	+	1229
	316	+	-9- VARIOUS STATUTORY PROVISIONS DIRECTED AT REPEAT OFFENDERS ,1
	317	+	FORMER OFFENDERS, AND HABITUAL OFFENDERS, THE ONLY EXCEPTIONS2
	318	+	TO THE TIME LIMITATION SPECIFIED IN SUBSECTION (5)(a) OF THIS SECTION3
	319	+	ARE CASES IN WHICH THE COURT HEARING THE COLLATERAL ATTACK4
	320	+	FINDS:5
359	321		(I) T
360		-	HAT THE COURT ENTERING JUDGMENT DID NOT HAVE
361		-	PAGE 7-HOUSE BILL 22-1229 JURISDICTION OVER THE SUBJECT MATTER OF THE ALLEGED CIVIL
362		-	INFRACTION
363		-	;
	322	+	HAT THE COURT ENTERING JUDGMENT DID NOT HAVE6
	323	+	JURISDICTION OVER THE SUBJECT MATTER OF THE ALLEGED CIVIL7
	324	+	INFRACTION;8
364	325		(II) T
365		-	HAT THE COURT ENTERING JUDGMENT DID NOT HAVE
366		-	JURISDICTION OVER THE PERSON
367		-	;
	326	+	HAT THE COURT ENTERING JUDGMENT DID NOT HAVE9
	327	+	JURISDICTION OVER THE PERSON;10
368	328		(III) B
369		-	Y A PREPONDERANCE OF THE EVIDENCE , THAT THE ~~FAILURE TO~~
370		-	SEEK RELIEF WITHIN THE TIME LIMITATION SPECIFIED IN ~~SUBSECTION~~
	329	+	Y A PREPONDERANCE OF THE EVIDENCE , THAT THE FAILURE11
	330	+	TO SEEK RELIEF WITHIN THE TIME LIMITATION SPECIFIED IN SUBSECTION12
371	331		(5)(a)
372		-	OF THIS SECTION WAS THE RESULT OF AN ADJUDICATION OF INCOMPETENCE
373		-	OR BY COMMITMENT OR CERTIFICATION OF THE VIOLATOR TO AN
374		-	INSTITUTION FOR TREATMENT AS A PERSON WITH A BEHAVIORAL HEALTH
375		-	DISORDER
376		-	; OR
377		-	(IV) THAT THE FAILURE TO SEEK RELIEF WITHIN TIME LIMITATION
378		-	SPECIFIED IN SUBSECTION
379		-	(5)(a) OF THIS SECTION WAS THE RESULT OF
380		-	CIRCUMSTANCES AMOUNTING TO JUSTIFIABLE EXCUSE OR EXCUSABLE
381		-	NEGLECT
382		-	.
383		-	16-2.3-106. Failure to pay penalty for civil infractions - failure
384		-	of parent or guardian to sign penalty assessment notice - procedures.
	332	+	OF THIS SECTION WAS THE RESULT OF AN ADJUDICATION OF13
	333	+	INCOMPETENCE OR BY COMMITMENT OR CERTIFICATION OF THE VIOLATOR14
	334	+	TO AN INSTITUTION FOR TREATMENT AS A PERSON WITH A BEHAVIORAL15
	335	+	HEALTH DISORDER; OR16
	336	+	(IV) T
	337	+	HAT THE FAILURE TO SEEK RELIEF WITHIN TIME LIMITATION17
	338	+	SPECIFIED IN SUBSECTION (5)(a) OF THIS SECTION WAS THE RESULT OF18
	339	+	CIRCUMSTANCES AMOUNTING TO JUSTIFIABLE EXCUSE OR EXCUSABLE19
	340	+	NEGLECT.20
	341	+	16-2.3-106. Failure to pay penalty for civil infractions - failure21
	342	+	of parent or guardian to sign penalty assessment notice - procedures.22
385	343		(1) U
386		-	NLESS A PERSON WHO HAS BEEN CITED FOR A CIVIL INFRACTION ~~PAYS~~
	344	+	NLESS A PERSON WHO HAS BEEN CITED FOR A CIVIL INFRACTION PAYS23
387	345		THE FINE AND SURCHARGES PURSUANT TO SECTIONS
388		-	24-4.1-119 (1)(g),
	346	+	24-4.1-119 (1)(g),24
389	347		24-4.2-104 (1),
390		-	AND 24-33.5-415.6, THE PERSON SHALL APPEAR AT A
391		-	HEARING ON THE DATE AND TIME SPECIFIED IN THE SUMMONS AND
392		-	COMPLAINT AND ANSWER THE COMPLAINT
393		-	. THIS REQUIREMENT TO APPEAR
394		-	MAY BE COMPLIED WITH BY APPEARANCE OF COUNSEL
395		-	.
	348	+	AND 24-33.5-415.6, THE PERSON SHALL APPEAR AT A25
	349	+	HEARING ON THE DATE AND TIME SPECIFIED IN THE SUMMONS AND26
	350	+	COMPLAINT AND ANSWER THE COMPLAINT . THIS REQUIREMENT TO APPEAR27
	351	+	1229
	352	+	-10- MAY BE COMPLIED WITH BY APPEARANCE OF COUNSEL .1
396	353		(2) I
397		-	F A MINOR UNDER EIGHTEEN YEARS OF AGE IS REQUIRED TO
398		-	APPEAR AT A HEARING PURSUANT TO SUBSECTION
399		-	(1) OF THIS SECTION, THE
400		-	MINOR SHALL INFORM THE MINOR
401		-	'S PARENT OR LEGAL GUARDIAN, AND THE
402		-	PARENT OR LEGAL GUARDIAN SHALL ALSO APPEAR AT THE HEARING
403		-	.
	354	+	F A MINOR UNDER EIGHTEEN YEARS OF AGE IS REQUIRED TO2
	355	+	APPEAR AT A HEARING PURSUANT TO SUBSECTION (1) OF THIS SECTION,3
	356	+	THE MINOR SHALL INFORM THE MINOR'S PARENT OR LEGAL GUARDIAN, AND4
	357	+	THE PARENT OR LEGAL GUARDIAN SHALL ALSO APPEAR AT THE HEARING .5
404	358		(3) I
405		-	F THE PERSON ANSWERS THAT THE PERSON IS GUILTY OR IF THE
406		-	PERSON FAILS TO APPEAR FOR THE HEARING
407		-	, THE MAGISTRATE SHALL ENTER
408		-	JUDGMENT AGAINST THE PERSON
409		-	.
	359	+	F THE PERSON ANSWERS THAT THE PERSON IS GUILTY OR IF THE6
	360	+	PERSON FAILS TO APPEAR FOR THE HEARING , THE MAGISTRATE SHALL7
	361	+	ENTER JUDGMENT AGAINST THE PERSON .8
410	362		(4) I
411		-	F THE PERSON DENIES THE ALLEGATIONS IN THE COMPLAINT , A
412		-	FINAL HEARING ON THE COMPLAINT MUST BE HELD SUBJECT TO THE
413		-	PROVISIONS REGARDING A SPEEDY TRIAL IN SECTION
414		-	18-1-405. IF THE
415		-	PERSON IS FOUND GUILTY OR LIABLE AT THE FINAL HEARING OR IF THE
416		-	PAGE 8-HOUSE BILL 22-1229 PERSON FAILS TO APPEAR FOR A FINAL HEARING , THE MAGISTRATE SHALL
417		-	ENTER JUDGMENT AGAINST THE PERSON
418		-	.
	363	+	F THE PERSON DENIES THE ALLEGATIONS IN THE COMPLAINT ,9
	364	+	A FINAL HEARING ON THE COMPLAINT MUST BE HELD SUBJECT TO THE10
	365	+	PROVISIONS REGARDING A SPEEDY TRIAL IN SECTION 18-1-405. IF THE11
	366	+	PERSON IS FOUND GUILTY OR LIABLE AT THE FINAL HEARING OR IF THE12
	367	+	PERSON FAILS TO APPEAR FOR A FINAL HEARING, THE MAGISTRATE SHALL13
	368	+	ENTER JUDGMENT AGAINST THE PERSON .14
419	369		(5) (a) (I) I
420		-	F JUDGMENT IS ENTERED AGAINST A PERSON , THE
421		-	MAGISTRATE SHALL ASSESS THE APPROPRIATE FINE AND SURCHARGES
422		-	, A
423		-	DOCKET FEE OF SIXTEEN DOLLARS
424		-	, AND OTHER APPLICABLE COSTS
425		-	AUTHORIZED BY SECTION
426		-	13-16-122 (1).
	370	+	F JUDGMENT IS ENTERED AGAINST A PERSON , THE15
	371	+	MAGISTRATE SHALL ASSESS THE APPROPRIATE FINE AND SURCHARGES , A16
	372	+	DOCKET FEE OF SIXTEEN DOLLARS , AND OTHER APPLICABLE COSTS17
	373	+	AUTHORIZED BY SECTION 13-16-122 (1).18
427	374		(II) A
428		-	LL DOCKET FEES COLLECTED PURSUANT TO ~~SUBSECTION~~
429		-	(5)(a)(I) ~~OF THIS SECTION MUST BE TRANSMITTED TO THE STATE TREASURER~~
430		-	~~FOR DEPOSIT IN~~ THE ~~JUDICIAL STABILIZATION CASH FUND CREATED IN~~
431		-	~~SECTION~~
432		-	13-32-101 (6).
	375	+	LL DOCKET FEES COLLECTED PURSUANT TO SUBSECTION19
	376	+	(5)(a)(I)
	377	+	OF THIS SECTION MUST BE TRANSMITTED TO THE STATE20
	378	+	TREASURER FOR DEPOSIT IN THE JUDICIAL STABILIZATION CASH FUND21
	379	+	CREATED IN SECTION 13-32-101 (6).22
433	380		(b) A
434		-	MAGISTRATE SHALL NOT ISSUE A BENCH WARRANT FOR THE
435		-	ARREST OF ANY PERSON WHO FAILS TO APPEAR FOR A HEARING PURSUANT TO
436		-	SUBSECTION
437		-	(1), (2), OR (3) OF THIS SECTION OR FOR A FINAL HEARING
438		-	PURSUANT TO SUBSECTION
439		-	(4) OF THIS SECTION.
440		-	SECTION 2. In Colorado Revised Statutes, 13-1-204, amend
441		-	(1)(b) as follows:
442		-	13-1-204. Court security cash fund - creation - grants -
443		-	regulations. (1) (b) A five-dollar surcharge shall
444		-	MUST be assessed and
445		-	collected as provided by law on docket fees and jury fees for specified civil
446		-	actions filed on and after July 1, 2007, on docket fees for criminal
447		-	convictions entered on and after July 1, 2007, on filing fees for specified
448		-	probate filings made on and after July 1, 2007, on docket fees for specified
449		-	special proceeding filings made on and after July 1, 2007, on fees for
450		-	specified filings in water matters initiated on and after July 1, 2007, and
451		-	on
452		-	docket fees for specified traffic infraction penalties assessed on and after
453		-	July 1, 2007,
454		-	AND ON DOCKET FEES FOR CIVIL INFRACTION PENALTIES
455		-	ASSESSED ON OR AFTER
456		-	MARCH 1, 2022. The surcharge shall
457		-	MUST be
458		-	transmitted to the state treasurer, who shall credit the surcharge to the fund.
459		-	SECTION 3. In Colorado Revised Statutes, 13-6-212, amend (2)(f)
460		-	as follows:
461		-	13-6-212. Duties of clerk. (2) Upon approval by the chief justice
462		-	of the supreme court, the chief judge of a judicial district may authorize,
463		-	either generally or in specific cases, the clerk of the county court to do the
464		-	PAGE 9-HOUSE BILL 22-1229 following:
465		-	(f) With the consent of the defendant, accept pleas of guilty and
466		-	admissions of liability and impose penalties pursuant to a schedule
467		-	approved by the presiding judge in misdemeanor cases involving violations
468		-	of wildlife and parks and outdoor recreation laws for which the maximum
469		-	penalty in each case is a fine of not more than one thousand dollars; and in
470		-	misdemeanor traffic and traffic infraction cases involving the regulation of
471		-	vehicles and traffic for which the penalty specified in section 42-4-1701,
472		-	C.R.S.,
473		-	or elsewhere in articles 2 to 4 of title 42, C.R.S., in each case is less
474		-	than three hundred dollars;
475		-	AND IN CIVIL INFRACTION CASES. A clerk shall
476		-	not levy a fine of over said
477		-	GREATER THAN THESE amounts nor sentence any
478		-	person to jail. If, in the judgment of the clerk, a fine of over said GREATER
479		-	THAN THESE
480		-	amounts or a jail sentence is justified, the case shall
481		-	MUST be
482		-	certified to the judge of the county court for rearraignment and trial de
483		-	novo.
484		-	SECTION 4. In Colorado Revised Statutes, 13-6-501, amend (4)
485		-	introductory portion, (5), (6), (8), and (9); and add (4)(a.5) as follows:
486		-	13-6-501. County court magistrates - qualifications - duties.
487		-	(4) Subject to the provision that no magistrate may preside in any trial by
488		-	jury, county court magistrates shall
489		-	have power to hear the following
490		-	matters:
	381	+	MAGISTRATE SHALL NOT ISSUE A BENCH WARRANT FOR THE23
	382	+	ARREST OF ANY PERSON WHO FAILS TO APPEAR FOR A HEARING PURSUANT24
	383	+	TO SUBSECTION (1), (2), OR (3) OF THIS SECTION OR FOR A FINAL HEARING25
	384	+	PURSUANT TO SUBSECTION (4) OF THIS SECTION.26
	385	+	SECTION 2. In Colorado Revised Statutes, 13-1-204, amend27
	386	+	1229
	387	+	-11- (1)(b) as follows:1
	388	+	13-1-204. Court security cash fund - creation - grants -2
	389	+	regulations. (1) (b) A five-dollar surcharge shall MUST be assessed and3
	390	+	collected as provided by law on docket fees and jury fees for specified4
	391	+	civil actions filed on and after July 1, 2007, on docket fees for criminal5
	392	+	convictions entered on and after July 1, 2007, on filing fees for specified6
	393	+	probate filings made on and after July 1, 2007, on docket fees for7
	394	+	specified special proceeding filings made on and after July 1, 2007, on8
	395	+	fees for specified filings in water matters initiated on and after July 1,9
	396	+	2007, and on docket fees for specified traffic infraction penalties assessed10
	397	+	on and after July 1, 2007,
	398	+	AND ON DOCKET FEES FOR CIVIL INFRACTION11
	399	+	PENALTIES ASSESSED ON OR AFTER MARCH 1, 2022. The surcharge shall
	400	+	12
	401	+	MUST be transmitted to the state treasurer, who shall credit the surcharge13
	402	+	to the fund.14
	403	+	SECTION 3. In Colorado Revised Statutes, 13-6-212, amend15
	404	+	(2)(f) as follows:16
	405	+	13-6-212. Duties of clerk. (2) Upon approval by the chief justice17
	406	+	of the supreme court, the chief judge of a judicial district may authorize,18
	407	+	either generally or in specific cases, the clerk of the county court to do the19
	408	+	following:20
	409	+	(f) With the consent of the defendant, accept pleas of guilty and21
	410	+	admissions of liability and impose penalties pursuant to a schedule22
	411	+	approved by the presiding judge in misdemeanor cases involving23
	412	+	violations of wildlife and parks and outdoor recreation laws for which the24
	413	+	maximum penalty in each case is a fine of not more than one thousand25
	414	+	dollars; and in misdemeanor traffic and traffic infraction cases involving26
	415	+	the regulation of vehicles and traffic for which the penalty specified in27
	416	+	1229
	417	+	-12- section 42-4-1701, C.R.S., or elsewhere in articles 2 to 4 of title 42,1
	418	+	C.R.S., in each case is less than three hundred dollars; AND IN CIVIL2
	419	+	INFRACTION CASES. A clerk shall not levy a fine of over said GREATER3
	420	+	THAN THESE amounts nor sentence any person to jail. If, in the judgment4
	421	+	of the clerk, a fine of over said GREATER THAN THESE amounts or a jail5
	422	+	sentence is justified, the case shall MUST be certified to the judge of the6
	423	+	county court for rearraignment and trial de novo.7
	424	+	SECTION 4. In Colorado Revised Statutes, 13-6-501, amend (4)8
	425	+	introductory portion, (5), (6), (8), and (9); and add (4)(a.5) as follows:9
	426	+	13-6-501. County court magistrates - qualifications - duties.10
	427	+	(4) Subject to the provision that no magistrate may preside in any trial by11
	428	+	jury, county court magistrates shall have power to hear the following12
	429	+	matters:13
491	430		(a.5) C
492		-	IVIL INFRACTIONS, AS DESCRIBED IN SECTION 16-2.3-101;
	431	+	IVIL INFRACTIONS, AS DESCRIBED IN SECTION 16-2.3-101;14
493	432		(5) Except in class A and class B traffic infraction matters
494		-	AND CIVIL
495		-	INFRACTION MATTERS
496		-	, before a county court magistrate may hear any
497		-	matter, all parties thereto
498		-	shall have waived, on the record, their right to
499		-	proceed before a county judge. If any party fails to waive such right, or
500		-	objects to the magistrate, that party's case shall
501		-	MUST be rereferred to a
502		-	county judge.
503		-	(6) Magistrates, when handling county court matters, and class A
	433	+	AND15
	434	+	CIVIL INFRACTION MATTERS, before a county court magistrate may hear16
	435	+	any matter, all parties thereto
	436	+	shall have waived, on the record, their right17
	437	+	to proceed before a county judge. If any party fails to waive such right, or18
	438	+	objects to the magistrate, that party's case shall MUST be rereferred to a19
	439	+	county judge.20
	440	+	(6) Magistrates, when handling county court matters, and class A21
504	441		and class B traffic infraction matters,
505		-	AND CIVIL INFRACTION MATTERS, and
506		-	where the parties to such proceedings, other than traffic infraction matters,
	442	+	AND CIVIL INFRACTION MATTERS ,22
	443	+	and where the parties to such proceedings, other than traffic infraction23
	444	+	matters, shall
	445	+	have waived their right to proceed before a county judge,24
	446	+	shall have all the jurisdiction and power of a county judge, and their25
	447	+	orders and judgments shall be ARE those of the county court.26
	448	+	(8) The duties, qualifications, compensation, conditions of27
	449	+	1229
	450	+	-13- employment, and other administrative details concerning magistrates who1
	451	+	hear traffic infraction matters
	452	+	AND CIVIL INFRACTION MATTERS not set2
	453	+	forth in this part 5 shall be
	454	+	ARE established in accordance with the3
	455	+	provisions of PURSUANT TO section 13-3-105.4
	456	+	(9) The supreme court shall adopt such rules and regulations as it5
	457	+	deems necessary or proper to carry out the provisions of this part 56
	458	+	relating to traffic infraction matters
	459	+	AND CIVIL INFRACTION MATTERS ,7
	460	+	including, but not limited to, procedural matters.8
	461	+	SECTION 5. In Colorado Revised Statutes, amend 13-6-502 as9
	462	+	follows:10
	463	+	13-6-502. Jury trials. Notwithstanding the provisions of
	464	+	section11
	465	+	16-10-109 C.R.S., or any other provision of law, the right to a jury trial12
	466	+	shall not be IS NOT available at a hearing before a magistrate where WHEN13
	467	+	the cited person is charged with a class A or a class B traffic infraction
	468	+	OR14
	469	+	CIVIL INFRACTION.15
	470	+	SECTION 6. In Colorado Revised Statutes, amend 13-6-503 as16
	471	+	follows:17
	472	+	13-6-503. Evidence offered by officer. At any hearing on a class18
	473	+	A or class B traffic infraction
	474	+	OR CIVIL INFRACTION, the officer who19
	475	+	issued the citation
	476	+	OR PENALTY ASSESSMENT NOTICE shall offer evidence20
	477	+	of the facts concerning the alleged infraction either in person or by21
	478	+	affidavit, as such affidavit may be established by rules adopted by the22
	479	+	supreme court pursuant to section 13-6-501 (9). If such
	480	+	THE officer23
	481	+	appears personally, the magistrate and the cited person may then examine24
	482	+	such THE officer. The cited party shall have HAS the right to call the25
	483	+	officer by subpoena as in the case of other civil matters.26
	484	+	SECTION 7. In Colorado Revised Statutes, 13-80-103, add (1)(i)27
	485	+	1229
	486	+	-14- as follows:1
	487	+	13-80-103. General limitation of actions - one year. (1) The2
	488	+	following civil actions, regardless of the theory upon which suit is3
	489	+	brought, or against whom suit is brought, shall be commenced within one4
	490	+	year after the cause of action accrues, and not thereafter:5
	491	+	(i) A
	492	+	LL ACTIONS AGAINST A PERSON ALLEGING LIABILITY FOR A6
	493	+	PENALTY FOR COMMISSION OF A CIVIL INFRACTION , AS DESCRIBED IN7
	494	+	SECTION 16-2.3-101.8
	495	+	SECTION 8. In Colorado Revised Statutes, 13-80-108, add9
	496	+	(11.5) as follows:10
	497	+	13-80-108. When a cause of action accrues. (11.5)
	498	+	A CAUSE11
	499	+	OF ACTION FOR A PENALTY FOR COMMISSION OF A CIVIL INFRACTION , AS12
	500	+	DESCRIBED IN SECTION 16-2.3-101, IS DEEMED TO ACCRUE ON THE DATE13
	501	+	THE CIVIL INFRACTION WAS COMMITTED .14
	502	+	SECTION 9. In Colorado Revised Statutes, amend as it will15
	503	+	become effective March 1, 2022, 16-2-104 as follows:16
	504	+	16-2-104. Issuance of summons and complaint. A summons and17
	505	+	complaint may be issued by any peace officer for an offense constituting18
	506	+	a misdemeanor or a petty offense or a civil infraction
	507	+	committed in the19
	508	+	peace officer's presence or, if not committed in the peace officer's20
	509	+	presence, which THAT the peace officer has probable cause to believe was21
	510	+	committed and probable cause to believe was committed by the person22
	511	+	charged. Except for penalty assessment notices, which shall MUST be23
	512	+	handled according to PURSUANT TO the procedures set forth in section24
	513	+	16-2-201
	514	+	OR 16-2.3-102, a copy of a summons and complaint so issued25
507	515		shall
508		-	have waived their right to proceed before a county judge, shall have
509		-	all the jurisdiction and power of a county judge, and their orders and
510		-	judgments shall be
511		-	ARE those of the county court.
512		-	PAGE 10-HOUSE BILL 22-1229 (8) The duties, qualifications, compensation, conditions of
513		-	employment, and other administrative details concerning magistrates who
514		-	hear traffic infraction matters
515		-	AND CIVIL INFRACTION MATTERS not set forth
516		-	in this part 5 shall be ARE established in accordance with the provisions of
517		-	PURSUANT TO section 13-3-105.
518		-	(9) The supreme court shall adopt such rules and regulations as it
519		-	deems necessary or proper to carry out the provisions of this part 5 relating
520		-	to traffic infraction matters
521		-	AND CIVIL INFRACTION MATTERS, including, but
522		-	not limited to, procedural matters.
523		-	SECTION 5. In Colorado Revised Statutes, amend 13-6-502 as
524		-	follows:
525		-	13-6-502. Jury trials. Notwithstanding the provisions of
526		-	section
527		-	16-10-109 C.R.S., or any other provision of law, the right to a jury trial shall
528		-	not be IS NOT available at a hearing before a magistrate where WHEN the
529		-	cited person is charged with a class A or a class B traffic infraction
530		-	OR CIVIL
531		-	INFRACTION
532		-	.
533		-	SECTION 6. In Colorado Revised Statutes, amend 13-6-503 as
534		-	follows:
535		-	13-6-503. Evidence offered by officer. At any hearing on a class
536		-	A or class B traffic infraction
537		-	OR CIVIL INFRACTION, the officer who issued
538		-	the citation
539		-	OR PENALTY ASSESSMENT NOTICE shall offer evidence of the
540		-	facts concerning the alleged infraction either in person or by affidavit, as
541		-	such affidavit may be established by rules adopted by the supreme court
542		-	pursuant to section 13-6-501 (9). If such
543		-	THE officer appears personally, the
544		-	magistrate and the cited person may then examine such THE officer. The
545		-	cited party shall have HAS the right to call the officer by subpoena as in the
546		-	case of other civil matters.
547		-	SECTION 7. In Colorado Revised Statutes, 13-80-103, add (1)(i)
548		-	as follows:
549		-	13-80-103. General limitation of actions - one year. (1) The
550		-	following civil actions, regardless of the theory upon which suit is brought,
551		-	or against whom suit is brought, shall be commenced within one year after
552		-	the cause of action accrues, and not thereafter:
553		-	PAGE 11-HOUSE BILL 22-1229 (i) ALL ACTIONS AGAINST A PERSON ALLEGING LIABILITY FOR A
554		-	PENALTY FOR COMMISSION OF A CIVIL INFRACTION
555		-	, AS DESCRIBED IN
556		-	SECTION
557		-	16-2.3-101.
558		-	SECTION 8. In Colorado Revised Statutes, 13-80-108, add (11.5)
559		-	as follows:
560		-	13-80-108. When a cause of action accrues. (11.5)
561		-	A CAUSE OF
562		-	ACTION FOR A PENALTY FOR COMMISSION OF A CIVIL INFRACTION
563		-	, AS
564		-	DESCRIBED IN SECTION
565		-	16-2.3-101, IS DEEMED TO ACCRUE ON THE DATE THE
566		-	CIVIL INFRACTION WAS COMMITTED
567		-	.
568		-	SECTION 9. In Colorado Revised Statutes, amend as it will
569		-	become effective March 1, 2022, 16-2-104 as follows:
570		-	16-2-104. Issuance of summons and complaint. A summons and
571		-	complaint may be issued by any peace officer for an offense constituting a
572		-	misdemeanor or a petty offense or a civil infraction
573		-	committed in the peace
574		-	officer's presence or, if not committed in the peace officer's presence, which
575		-	THAT the peace officer has probable cause to believe was committed and
576		-	probable cause to believe was committed by the person charged. Except for
577		-	penalty assessment notices, which shall
578		-	MUST be handled according to
579		-	PURSUANT TO the procedures set forth in section 16-2-201 OR 16-2.3-102,
580		-	a copy of a summons and complaint so issued shall MUST be filed
581		-	immediately with the county court before which appearance is required, and
582		-	a second copy shall
583		-	MUST be given to the district attorney or deputy district
584		-	attorney for the county.
585		-	SECTION 10. In Colorado Revised Statutes, amend as it will
586		-	become effective March 1, 2022, 16-2-109 as follows:
587		-	16-2-109. Service of summons. A summons issued by the county
588		-	court in a prosecution for a misdemeanor or petty offense or civil infraction
589		-	may be served by giving a copy to the defendant personally or by leaving a copy at the defendant's usual place of abode with some person over the age of eighteen years residing therein or by mailing a copy to the defendant's last known address by certified mail, return receipt requested, not less than fourteen days prior to the time the defendant is required to appear. Service by mail shall
590		-	MUST be complete upon the return of the
591		-	receipt signed by the defendant. Personal service shall MUST be made by
592		-	PAGE 12-HOUSE BILL 22-1229 any disinterested party over the age of eighteen years.
593		-	SECTION 11. In Colorado Revised Statutes, 16-2-201, amend as
594		-	it will become effective March 1, 2022, (1) as follows:
595		-	16-2-201. Penalty assessment notice procedure. (1) When a
596		-	person is arrested for a civil infraction, the arresting officer may give the
	516	+	MUST be filed immediately with the county court before which26
	517	+	appearance is required, and a second copy shall MUST be given to the27
	518	+	1229
	519	+	-15- district attorney or deputy district attorney for the county.1
	520	+	SECTION 10. In Colorado Revised Statutes, amend as it will2
	521	+	become effective March 1, 2022, 16-2-109 as follows:3
	522	+	16-2-109. Service of summons. A summons issued by the county4
	523	+	court in a prosecution for a misdemeanor or petty offense or civil5
	524	+	infraction may be served by giving a copy to the defendant personally or6
	525	+	by leaving a copy at the defendant's usual place of abode with some7
	526	+	person over the age of eighteen years residing therein or by mailing a8
	527	+	copy to the defendant's last known address by certified mail, return9
	528	+	receipt requested, not less than fourteen days prior to the time the10
	529	+	defendant is required to appear. Service by mail shall MUST be complete11
	530	+	upon the return of the receipt signed by the defendant. Personal service12
	531	+	shall MUST be made by any disinterested party over the age of eighteen13
	532	+	years.14
	533	+	SECTION 11. In Colorado Revised Statutes, 16-2- 201, amend15
	534	+	as it will become effective March 1, 2022, (1) as follows:16
	535	+	16-2-201. Penalty assessment notice procedure. (1) When a17
	536	+	person is arrested for a civil infraction, the arresting officer may give the18
597	537		person a penalty assessment notice
598		-	PURSUANT TO SECTION 16-2.3-102 and
599		-	release the person upon its terms.
600		-	SECTION 12. In Colorado Revised Statutes, 16-4-113, amend as
601		-	it will become effective March 1, 2022, (1) introductory portion as
602		-	follows:
603		-	16-4-113. Type of bond in certain misdemeanor cases. (1) In
604		-	exercising the discretion mentioned in section 16-4-104, the judge shall
605		-	release the accused person upon personal recognizance if the charge is any
606		-	unclassified
607		-	offense for a violation of which the maximum penalty does not
608		-	exceed six months' imprisonment, and he or she THE ACCUSED PERSON shall
609		-	not be required to supply a surety bond, or give security of any kind for his
610		-	or her THEIR appearance for trial other than his or her THEIR personal
611		-	recognizance, unless one or more of the following facts are found to be
612		-	present:
613		-	SECTION 13. In Colorado Revised Statutes, 16-5-401, amend as
614		-	it will become effective March 1, 2022, (1)(a) as follows:
615		-	16-5-401. Limitation for commencing criminal proceedings, civil
616		-	infraction proceedings, and juvenile delinquency proceedings -
617		-	definitions. (1) (a) Except as otherwise provided by statute applicable to
618		-	specific offenses, delinquent acts, or circumstances, no adult person or
619		-	juvenile shall be prosecuted, tried, or punished for any offense or delinquent
620		-	act unless the indictment, information, complaint, or petition in delinquency
621		-	is filed in a court of competent jurisdiction or a summons and complaint or
622		-	penalty assessment notice is served upon the defendant or juvenile within
623		-	the period of time after the commission of the offense or delinquent act as
624		-	specified below:
625		-	Murder, kidnapping, treason, any sex offense against
626		-	PAGE 13-HOUSE BILL 22-1229 a child, and any forgery regardless of the penalty
627		-	provided: No limit
628		-	Attempt, conspiracy, or solicitation to commit murder;
629		-	attempt, conspiracy, or solicitation to commit
630		-	kidnapping; attempt, conspiracy, or solicitation to
631		-	commit treason; attempt, conspiracy, or solicitation
632		-	to commit any sex offense against a child; and
633		-	attempt, conspiracy, or solicitation to commit any
634		-	forgery regardless of the penalty provided: No limit
635		-	Vehicular homicide, except as described in subsection
636		-	(1)(a.5) of this section; leaving the scene of an
637		-	accident that resulted in the death of a person: Five years
638		-	Other felonies: Three years
639		-	Misdemeanors: Eighteen months
640		-	Class 1 and 2 misdemeanor traffic offenses: One year
641		-	Petty offenses: and civil infractions:
642		-	Six months
643		-	SECTION 14. In Colorado Revised Statutes, amend 16-10-101 as
644		-	follows:
645		-	16-10-101. Jury trials - statement of policy. The right of a person
646		-	who is accused of an offense other than a noncriminal traffic infraction or
647		-	offense,
648		-	CIVIL INFRACTION, or OFFENSE other than a municipal charter,
649		-	municipal ordinance, or county ordinance violation as provided in section
650		-	16-10-109 (1), to have a trial by jury is inviolate and a matter of substantive
651		-	PAGE 14-HOUSE BILL 22-1229 due process of law as distinguished from one of "practice and procedure".
652		-	The people shall also have the right to refuse to consent to a waiver of a
653		-	trial or sentencing determination by jury in all cases in which the accused
654		-	has the right to request a trial or sentencing determination by jury.
655		-	SECTION 15. In Colorado Revised Statutes, 17-26-109, amend
656		-	(1)(b)(I) as follows:
657		-	17-26-109. Deductions of time - record keeping - forfeitures -
658		-	definition - repeal. (1) Every person who is sentenced to and imprisoned
659		-	in any county jail of this state who performs faithfully the duties assigned
660		-	to him or her and conducts himself or herself in accordance with the rules
661		-	of the jail earns deductions from the time of his or her sentence as follows:
662		-	(b) In addition to the deduction described in subsection (1)(a) of this
663		-	section, an inmate may receive a three-day deduction for each thirty days on
664		-	his or her sentence if he or she:
	538	+	PURSUANT TO SECTION 16-2.3-102 and19
	539	+	release the person upon its terms.20
	540	+	SECTION 12. In Colorado Revised Statutes, 16-4-113, amend21
	541	+	as it will become effective March 1, 2022, (1) introductory portion as22
	542	+	follows:23
	543	+	16-4-113. Type of bond in certain misdemeanor cases. (1) In24
	544	+	exercising the discretion mentioned in section 16-4-104, the judge shall25
	545	+	release the accused person upon personal recognizance if the charge is26
	546	+	any unclassified
	547	+	offense for a violation of which the maximum penalty27
	548	+	1229
	549	+	-16- does not exceed six months' imprisonment, and he or she THE ACCUSED1
	550	+	PERSON shall not be required to supply a surety bond, or give security of2
	551	+	any kind for his or her THEIR appearance for trial other than his or her3
	552	+	THEIR personal recognizance, unless one or more of the following facts4
	553	+	are found to be present:5
	554	+	SECTION 13. In Colorado Revised Statutes, 16-5-401, amend6
	555	+	as it will become effective March 1, 2022, (1)(a) as follows:7
	556	+	16-5-401. Limitation for commencing criminal proceedings,8
	557	+	civil infraction proceedings, and juvenile delinquency proceedings -9
	558	+	definitions. (1) (a) Except as otherwise provided by statute applicable to10
	559	+	specific offenses, delinquent acts, or circumstances, no adult person or11
	560	+	juvenile shall be prosecuted, tried, or punished for any offense or12
	561	+	delinquent act unless the indictment, information, complaint, or petition13
	562	+	in delinquency is filed in a court of competent jurisdiction or a summons14
	563	+	and complaint or penalty assessment notice is served upon the defendant15
	564	+	or juvenile within the period of time after the commission of the offense16
	565	+	or delinquent act as specified below:17
	566	+	Murder, kidnapping, treason, any sex offense against18
	567	+	a child, and any forgery regardless of the penalty19
	568	+	provided: No limit20
	569	+	Attempt, conspiracy, or solicitation to commit murder;21
	570	+	attempt, conspiracy, or solicitation to commit22
	571	+	kidnapping; attempt, conspiracy, or solicitation to23
	572	+	commit treason; attempt, conspiracy, or solicitation24
	573	+	to commit any sex offense against a child; and25
	574	+	attempt, conspiracy, or solicitation to commit any26
	575	+	forgery regardless of the penalty provided: No limit27
	576	+	1229
	577	+	-17- Vehicular homicide, except as described in subsection1
	578	+	(1)(a.5) of this section; leaving the scene of an2
	579	+	accident that resulted in the death of a person: Five years3
	580	+	Other felonies: Three years4
	581	+	Misdemeanors: Eighteen months5
	582	+	Class 1 and 2 misdemeanor traffic offenses: One year6
	583	+	Petty offenses: and civil infractions: Six months7
	584	+	SECTION 14. In Colorado Revised Statutes, amend 16-10-1018
	585	+	as follows:9
	586	+	16-10-101. Jury trials - statement of policy. The right of a10
	587	+	person who is accused of an offense other than a noncriminal traffic11
	588	+	infraction or offense,
	589	+	CIVIL INFRACTION, or OFFENSE other than a12
	590	+	municipal charter, municipal ordinance, or county ordinance violation as13
	591	+	provided in section 16-10-109 (1), to have a trial by jury is inviolate and14
	592	+	a matter of substantive due process of law as distinguished from one of15
	593	+	"practice and procedure". The people shall
	594	+	also have the right to refuse16
	595	+	to consent to a waiver of a trial or sentencing determination by jury in all17
	596	+	cases in which the accused has the right to request a trial or sentencing18
	597	+	determination by jury.19
	598	+	SECTION 15. In Colorado Revised Statutes, 17-26-109, amend20
	599	+	(1)(b)(I) as follows:21
	600	+	17-26-109. Deductions of time - record keeping - forfeitures -22
	601	+	definition - repeal. (1) Every person who is sentenced to and imprisoned23
	602	+	in any county jail of this state who performs faithfully the duties assigned24
	603	+	to him or her and conducts himself or herself in accordance with the rules25
	604	+	of the jail earns deductions from the time of his or her sentence as26
	605	+	follows:27
	606	+	1229
	607	+	-18- (b) In addition to the deduction described in subsection (1)(a) of1
	608	+	this section, an inmate may receive a three-day deduction for each thirty2
	609	+	days on his or her sentence if he or she:3
665	610		(I) S
666	611		UCCESSFULLY COMPLETES A DESIGNATED PROGRAM OR
667		-	EDUCATIONAL ACTIVITY WITHIN THE JAIL OR
668		-	is designated by the county
669		-	sheriff as a trusty prisoner;
670		-	SECTION 16. In Colorado Revised Statutes, 18-1-104, amend as
671		-	it will become effective March 1, 2022, (2) as follows:
672		-	18-1-104. "Offense" defined - offenses classified - common-law
673		-	crimes abolished. (2) Each offense falls into one of eleven
674		-	NINE classes,
675		-	one of six drug offense levels, or one unclassified category. There are six
676		-	classes of felonies as described in section 18-1.3-401 and four levels of
677		-	drug felonies as described in section 18-1.3-401.5, two classes of
678		-	misdemeanors as described in section 18-1.3-501 and two levels of drug
679		-	misdemeanors as described in section 18-1.3-501, petty offenses as
680		-	described in section 18-1.3-503, civil infractions as described in section
681		-	18-1.3-503, and the category of drug petty offense as described in section
682		-	18-1.3-501 (1)(e).
683		-	SECTION 17. In Colorado Revised Statutes, 18-1-1001, amend (1)
684		-	as follows:
685		-	18-1-1001. Protection order against defendant - definitions.
686		-	PAGE 15-HOUSE BILL 22-1229 (1) There is hereby created a mandatory protection order against any person
687		-	charged with a
688		-	CRIMINAL violation of any of the provisions of this titleTITLE 18, which order shall remain REMAINS in effect from the time that the
689		-	person is advised of his or her THE PERSON'S rights at arraignment or the
690		-	person's first appearance before the court and informed of such order until
691		-	final disposition of the action. Such order shall restrain
692		-	RESTRAINS the
693		-	person charged from harassing, molesting, intimidating, retaliating against,
694		-	or tampering with any witness to or victim of the acts charged. The
695		-	protection order issued pursuant to this section shall
696		-	MUST be on a
697		-	standardized form prescribed by the judicial department, and a copy shall
698		-	be provided to the protected parties.
699		-	SECTION 18. In Colorado Revised Statutes, 18-1.3-503, amend
700		-	as it will become effective March 1, 2022, (1.6) as follows:
701		-	18-1.3-503. Petty offense and civil infraction classified -
702		-	penalties. (1.6) (a) For offenses committed on or after March 1, 2022, a
703		-	violation of a statute of this state is a civil infraction if specifically
704		-	classified as a civil infraction. The penalty for commission of a civil
705		-	infraction, upon conviction, is a fine of not more than one hundred dollars,
706		-	unless otherwise provided by statute. A
707		-	CIVIL INFRACTION CONSTITUTES A
708		-	CIVIL MATTER
709		-	.
	612	+	4
	613	+	EDUCATIONAL ACTIVITY WITHIN THE JAIL OR is designated by the county5
	614	+	sheriff as a trusty prisoner;6
	615	+	SECTION 16. In Colorado Revised Statutes, 18-1-104, amend7
	616	+	as it will become effective March 1, 2022, (2) as follows:8
	617	+	18-1-104. "Offense" defined - offenses classified - common-law9
	618	+	crimes abolished. (2) Each offense falls into one of eleven NINE classes,10
	619	+	one of six drug offense levels, or one unclassified category. There are six11
	620	+	classes of felonies as described in section 18-1.3-401 and four levels of12
	621	+	drug felonies as described in section 18-1.3-401.5, two classes of13
	622	+	misdemeanors as described in section 18-1.3-501 and two levels of drug14
	623	+	misdemeanors as described in section 18-1.3-501, petty offenses as15
	624	+	described in section 18-1.3-503, civil infractions as described in section16
	625	+	18-1.3-503, and the category of drug petty offense as described in section17
	626	+	18-1.3-501 (1)(e).18
	627	+	SECTION 17. In Colorado Revised Statutes, 18-1-1001, amend19
	628	+	(1) as follows:20
	629	+	18-1-1001. Protection order against defendant - definitions.21
	630	+	(1) There is hereby created a mandatory protection order against any22
	631	+	person charged with a
	632	+	CRIMINAL violation of any of the provisions of this23
	633	+	title
	634	+	TITLE 18, which order shall remain REMAINS in effect from the time24
	635	+	that the person is advised of his or her THE PERSON'S rights at arraignment25
	636	+	or the person's first appearance before the court and informed of such26
	637	+	order until final disposition of the action. Such order shall restrain27
	638	+	1229
	639	+	-19- RESTRAINS the person charged from harassing, molesting, intimidating,1
	640	+	retaliating against, or tampering with any witness to or victim of the acts2
	641	+	charged. The protection order issued pursuant to this section shall MUST3
	642	+	be on a standardized form prescribed by the judicial department, and a4
	643	+	copy shall be provided to the protected parties.5
	644	+	SECTION 18. In Colorado Revised Statutes, 18-1.3-503, amend6
	645	+	as it will become effective March 1, 2022, (1.6) as follows:7
	646	+	18-1.3-503. Petty offense and civil infraction classified -8
	647	+	penalties. (1.6) (a) For offenses committed on or after March 1, 2022, a9
	648	+	violation of a statute of this state is a civil infraction if specifically10
	649	+	classified as a civil infraction. The penalty for commission of a civil11
	650	+	infraction, upon conviction, is a fine of not more than one hundred12
	651	+	dollars, unless otherwise provided by statute. A
	652	+	CIVIL INFRACTION13
	653	+	CONSTITUTES A CIVIL MATTER.14
710	654		(b) A peace officer may apply the penalty assessment
711		-	~~NOTICE~~
	655	+	NOTICE15
712	656		procedure in section 16-2-201
713		-	SECTION 16-2.3-102 for the payment of a fine
714		-	in a civil infraction case.
715		-	SECTION 19. In Colorado Revised Statutes, 18-1.3-603, amend
716		-	as it will become effective March 1, 2022, (1) introductory portion as
717		-	follows:
718		-	18-1.3-603. Assessment of restitution - corrective orders.
719		-	(1) Every order of conviction of a felony, misdemeanor, petty offense, civil
720		-	infraction, or traffic misdemeanor offense, except any order of conviction
721		-	for a state traffic misdemeanor offense issued by a municipal or county
722		-	court in which the prosecuting attorney is acting as a special deputy district
723		-	attorney pursuant to an agreement with the district attorney's office, shall
724		-	include consideration of restitution. Each such order shall include one or
725		-	more of the following:
726		-	PAGE 16-HOUSE BILL 22-1229 SECTION 20. In Colorado Revised Statutes, 18-3-204, amend (3)
727		-	as follows:
728		-	18-3-204. Assault in the third degree. (3) Assault in the third
729		-	degree is a class 1 misdemeanor. and is an extraordinary risk crime that is
730		-	subject to the modified sentencing range specified in section 18-1.3-501 (3).
731		-	SECTION 21. In Colorado Revised Statutes, 18-3-405.6, amend
732		-	(2)(a) as follows:
733		-	18-3-405.6. Invasion of privacy for sexual gratification.
734		-	(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2)
735		-	SUBSECTION (2)(b) OF THIS SECTION, invasion of privacy for sexual
736		-	gratification is a class 1 misdemeanor. and is an extraordinary risk crime
737		-	subject to the modified sentencing range specified in section 18-1.3-501 (3).
738		-	SECTION 22. In Colorado Revised Statutes, 18-3-412.5, amend
739		-	(3)(a) as follows:
740		-	18-3-412.5. Failure to register as a sex offender. (3) (a) Failure
741		-	to register as a sex offender is a class 1 misdemeanor if the person was
742		-	convicted of misdemeanor unlawful sexual behavior, or of another offense,
743		-	the underlying factual basis of which involves misdemeanor unlawful
744		-	sexual behavior, or if the person received a disposition or was adjudicated
745		-	for an offense that would constitute misdemeanor unlawful sexual behavior
746		-	if committed by an adult, or for another offense, the underlying factual basis
747		-	of which involves misdemeanor unlawful sexual behavior. A class 1
748		-	misdemeanor conviction pursuant to this subsection (3) is an extraordinary
749		-	risk crime that is subject to the modified sentencing range specified in
750		-	section 18-1.3-501 (3).
751		-	SECTION 23. In Colorado Revised Statutes, 18-4-401, amend as
752		-	it will become effective March 1, 2022, (1) introductory portion as
753		-	follows:
754		-	18-4-401. Theft - repeal. (1) A person commits theft when he or
755		-	she knowingly obtains, retains, or exercises control over anything of value
756		-	of another without authorization or by threat or deception; receives, loans
757		-	money by pawn or pledge on, or disposes of anything of value or belonging
758		-	to another that he or she knows or believes to have been stolen, or procures
759		-	PAGE 17-HOUSE BILL 22-1229 food or accommodations from a public establishment without making
760		-	payment therefore, and:
761		-	SECTION 24. In Colorado Revised Statutes, amend as it will
762		-	become effective March 1, 2022, 18-4-416 as follows:
763		-	18-4-416. Theft by resale of a lift ticket or coupon. Any
764		-	unauthorized person who, with the intent to profit therefrom, resells or
765		-	offers to resell any ticket, pass, badge, pin, coupon, or other device which
766		-	THAT then entitles the bearer to the use, benefit, or enjoyment of any skiing
767		-	service or skiing facility commits a civil infraction. The penalty of a
768		-	violation of this section shall be a fine in an amount not to exceed three
769		-	hundred dollars. Under no circumstances shall A PEACE OFFICER MUST NOT,
770		-	UNDER ANY CIRCUMSTANCES , ARREST a person being charged with this civil
771		-	infraction be arrested by any peace officer, and a summons to the
772		-	appropriate court of jurisdiction shall MUST be issued to the accused person.
773		-	SECTION 25. In Colorado Revised Statutes, 18-4-511, add (8) as
774		-	follows:
775		-	18-4-511. Littering of public or private property - repeal.
776		-	(8) A
777		-	NY TIME A PERSON IS CHARGED WITH COMMITTING LITTERING , THE
778		-	PEACE OFFICER SHALL ISSUE A SUMMONS AND COMPLAINT FOR THE PERSON
779		-	'S
780		-	APPEARANCE IN COURT
781		-	. NOTWITHSTANDING SECTION 16-2.3-102, A PEACE
782		-	OFFICER SHALL NOT ISSUE A PENALTY ASSESSMENT FOR LITTERING
783		-	.
784		-	SECTION 26. In Colorado Revised Statutes, 18-6-803.5, repeal
785		-	(2)(a.5) as follows:
786		-	18-6-803.5. Crime of violation of a protection order - penalty -
787		-	peace officers' duties - definitions. (2) (a.5) A second or subsequent
788		-	violation of a protection order is an extraordinary risk crime that is subject
789		-	to the modified sentencing range specified in section 18-1.3-501 (3).
790		-	SECTION 27. In Colorado Revised Statutes, 18-8-102, amend (3)
791		-	as follows:
792		-	18-8-102. Obstructing government operations. (3) Obstructing
793		-	government operations is a class 3 misdemeanor CLASS 2 MISDEMEANOR.
794		-	PAGE 18-HOUSE BILL 22-1229 SECTION 28. In Colorado Revised Statutes, 24-4.1-119, add (1)(g)
795		-	as follows:
796		-	24-4.1-119. Costs and surcharges levied on criminal actions and
797		-	traffic offenses. (1) (g) (I) A
798		-	SURCHARGE OF EIGHT DOLLARS IS LEVIED
799		-	AGAINST EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL INFRACTION
800		-	PURSUANT TO SECTION
801		-	16-2.3-101. THE CLERK OF THE COURT SHALL
802		-	TRANSMIT ALL MONEY COLLECTED TO THE COURT ADMINISTRATOR OF THE
803		-	JUDICIAL DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO
804		-	THE CRIME VICTIM COMPENSATION FUND ESTABLISHED IN THAT JUDICIAL
805		-	DISTRICT
806		-	.
	657	+	SECTION 16-2.3-102 for the payment of a16
	658	+	fine in a civil infraction case.17
	659	+	SECTION 19. In Colorado Revised Statutes, 18-1.3-603, amend18
	660	+	as it will become effective March 1, 2022, (1) introductory portion as19
	661	+	follows:20
	662	+	18-1.3-603. Assessment of restitution - corrective orders.21
	663	+	(1) Every order of conviction of a felony, misdemeanor, petty offense,22
	664	+	civil infraction, or traffic misdemeanor offense, except any order of23
	665	+	conviction for a state traffic misdemeanor offense issued by a municipal24
	666	+	or county court in which the prosecuting attorney is acting as a special25
	667	+	deputy district attorney pursuant to an agreement with the district26
	668	+	attorney's office, shall include consideration of restitution. Each such27
	669	+	1229
	670	+	-20- order shall include one or more of the following:1
	671	+	SECTION 20. In Colorado Revised Statutes, 18-3-204, amend2
	672	+	(3) as follows:3
	673	+	18-3-204. Assault in the third degree. (3) Assault in the third4
	674	+	degree is a class 1 misdemeanor. and is an extraordinary risk crime that5
	675	+	is subject to the modified sentencing range specified in section6
	676	+	18-1.3-501 (3).7
	677	+	SECTION 21. In Colorado Revised Statutes, 18-3-405.6, amend8
	678	+	(2)(a) as follows:9
	679	+	18-3-405.6. Invasion of privacy for sexual gratification.10
	680	+	(2) (a) Except as otherwise provided in paragraph (b) of this subsection11
	681	+	(2) SUBSECTION (2)(b) OF THIS SECTION, invasion of privacy for sexual12
	682	+	gratification is a class 1 misdemeanor. and is an extraordinary risk crime13
	683	+	subject to the modified sentencing range specified in section 18-1.3-50114
	684	+	(3).15
	685	+	SECTION 22. In Colorado Revised Statutes, 18-3-412.5, amend16
	686	+	(3)(a) as follows:17
	687	+	18-3-412.5. Failure to register as a sex offender. (3) (a) Failure18
	688	+	to register as a sex offender is a class 1 misdemeanor if the person was19
	689	+	convicted of misdemeanor unlawful sexual behavior, or of another20
	690	+	offense, the underlying factual basis of which involves misdemeanor21
	691	+	unlawful sexual behavior, or if the person received a disposition or was22
	692	+	adjudicated for an offense that would constitute misdemeanor unlawful23
	693	+	sexual behavior if committed by an adult, or for another offense, the24
	694	+	underlying factual basis of which involves misdemeanor unlawful sexual25
	695	+	behavior. A class 1 misdemeanor conviction pursuant to this subsection26
	696	+	(3) is an extraordinary risk crime that is subject to the modified27
	697	+	1229
	698	+	-21- sentencing range specified in section 18-1.3-501 (3).1
	699	+	SECTION 23. In Colorado Revised Statutes, 18-4-401, amend2
	700	+	as it will become effective March 1, 2022, (1) introductory portion as3
	701	+	follows:4
	702	+	18-4-401. Theft - repeal. (1) A person commits theft when he or5
	703	+	she knowingly obtains, retains, or exercises control over anything of6
	704	+	value of another without authorization or by threat or deception; receives,7
	705	+	loans money by pawn or pledge on, or disposes of anything of value or8
	706	+	belonging to another that he or she knows or believes to have been stolen,9
	707	+	or procures food or accommodations from a public establishment without10
	708	+	making payment therefore, and:11
	709	+	SECTION 24. In Colorado Revised Statutes, amend as it will12
	710	+	become effective March 1, 2022, 18-4-416 as follows:13
	711	+	18-4-416. Theft by resale of a lift ticket or coupon. Any14
	712	+	unauthorized person who, with the intent to profit therefrom, resells or15
	713	+	offers to resell any ticket, pass, badge, pin, coupon, or other device which16
	714	+	THAT then entitles the bearer to the use, benefit, or enjoyment of any17
	715	+	skiing service or skiing facility commits a civil infraction. The penalty of18
	716	+	a violation of this section shall be a fine in an amount not to exceed three19
	717	+	hundred dollars. Under no circumstances shall A PEACE OFFICER MUST20
	718	+	NOT, UNDER ANY CIRCUMSTANCES , ARREST a person being charged with21
	719	+	this civil infraction be arrested by any peace officer, and a summons to22
	720	+	the appropriate court of jurisdiction shall MUST be issued to the accused23
	721	+	person.24
	722	+	SECTION 25. In Colorado Revised Statutes, 18-4-511, add (8)25
	723	+	as follows:26
	724	+	18-4-511. Littering of public or private property - repeal.27
	725	+	1229
	726	+	-22- (8) ANY TIME A PERSON IS CHARGED WITH COMMITTING LITTERING , THE1
	727	+	PEACE OFFICER SHALL ISSUE A SUMMONS AND COMPLAINT FOR THE2
	728	+	PERSON'S APPEARANCE IN COURT . NOTWITHSTANDING SECTION3
	729	+	16-2.3-102,
	730	+	A PEACE OFFICER SHALL NOT ISSUE A PENALTY ASSESSMENT4
	731	+	FOR LITTERING.5
	732	+	SECTION 26.
	733	+	In Colorado Revised Statutes, 18-6-803.5, repeal6
	734	+	(2)(a.5) as follows:7
	735	+	18-6-803.5. Crime of violation of a protection order - penalty8
	736	+	- peace officers' duties - definitions. (2) (a.5) A second or subsequent9
	737	+	violation of a protection order is an extraordinary risk crime that is10
	738	+	subject to the modified sentencing range specified in section 18-1.3-50111
	739	+	(3).12
	740	+	SECTION 27. In Colorado Revised Statutes, 18-8-102, amend13
	741	+	(3) as follows:14
	742	+	18-8-102. Obstructing government operations. (3) Obstructing15
	743	+	government operations is a class 3 misdemeanor CLASS 2 MISDEMEANOR.16
	744	+	SECTION 28. In Colorado Revised Statutes, 24-4.1-119, add17
	745	+	(1)(g) as follows:18
	746	+	24-4.1-119. Costs and surcharges levied on criminal actions19
	747	+	and traffic offenses. (1) (g) (I) A
	748	+	SURCHARGE OF EIGHT DOLLARS IS20
	749	+	LEVIED AGAINST EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL21
	750	+	INFRACTION PURSUANT TO SECTION 16-2.3-101. THE CLERK OF THE COURT22
	751	+	SHALL TRANSMIT ALL MONEY COLLECTED TO THE COURT ADMINISTRATOR23
	752	+	OF THE JUDICIAL DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR24
	753	+	CREDIT TO THE CRIME VICTIM COMPENSATION FUND ESTABLISHED IN THAT25
	754	+	JUDICIAL DISTRICT.26
807	755		(II)
808		-	THE SURCHARGES LEVIED PURSUANT TO THIS SUBSECTION (1)(g)
809		-	ARE SEPARATE AND DISTINCT FROM SURCHARGES LEVIED PURSUANT TO
810		-	SECTION
811		-	24-4.2-104 FOR THE VICTIMS AND WITNESSES ASSISTANCE AND LAW
812		-	ENFORCEMENT FUND
813		-	.
814		-	SECTION 29. In Colorado Revised Statutes, 24-4.2-104, add
815		-	(1)(b)(III) as follows:
816		-	24-4.2-104. Surcharges levied on criminal actions and traffic
	756	+	THE SURCHARGES LEVIED PURSUANT TO THIS SUBSECTION27
	757	+	1229
	758	+	-23- (1)(g) ARE SEPARATE AND DISTINCT FROM SURCHARGES LEVIED PURSUANT1
	759	+	TO SECTION 24-4.2-104 FOR THE VICTIMS AND WITNESSES ASSISTANCE AND2
	760	+	LAW ENFORCEMENT FUND .3
	761	+	SECTION 29. In Colorado Revised Statutes, 24-4.2-104, add4
	762	+	(1)(b)(III) as follows:5
	763	+	24-4.2-104. Surcharges levied on criminal actions and traffic6
817	764		offenses. (1) (b) (III) A
818		-	SURCHARGE OF EIGHT DOLLARS IS LEVIED AGAINST
819		-	EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL INFRACTION PURSUANT
820		-	TO SECTION
821		-	16-2.3-101. THE CLERK OF THE COURT SHALL TRANSMIT ALL
822		-	MONEY COLLECTED TO THE COURT ADMINISTRATOR OF THE JUDICIAL
823		-	DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO THE VICTIMS
824		-	AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND ESTABLISHED IN
825		-	THAT JUDICIAL DISTRICT
826		-	.
827		-	SECTION 30. In Colorado Revised Statutes, 24-33.5-415.6, add
828		-	(10) and (11) as follows:
829		-	24-33.5-415.6. Offender identification - fund. (10) A
830		-	SURCHARGE
831		-	OF TWO DOLLARS AND FIFTY CENTS IS LEVIED AGAINST EACH CIVIL ACTION
832		-	RESULTING IN AN ADMISSION OF LIABILITY OR A JUDGMENT AGAINST THE
833		-	DEFENDANT FOR A CIVIL INFRACTION CHARGED PURS UANT TO STATE
834		-	STATUTE
835		-	. THE DEFENDANT SHALL PAY THE SURCHARGE TO THE CLERK OF
836		-	THE COURT
837		-	. EACH CLERK SHALL TRANSMIT THE MONEY TO THE STATE
838		-	TREASURER
839		-	, WHO SHALL CREDIT THE SAME TO THE FUND .
840		-	PAGE 19-HOUSE BILL 22-1229 (11) A SURCHARGE OF TWO DOLLARS AND FIFTY CENTS IS LEVIED
841		-	AGAINST EACH PENALTY ASSESSMENT NOTICE ISSUED PURS UANT TO SECTION
842		-	16-2.3-102 FOR A CIVIL INFRACTION PURSUANT TO STATE STATUTE THAT
843		-	RESULTS IN PAYMENT OF THE PENALTY ASSESSMENT WITHOUT THE
844		-	COMMENCEMENT OF A CIVIL ACTION
845		-	. ALL MONEY COLLECTED BY THE CLERK
846		-	OF THE COURT PURSUANT TO THIS SUBSECTION
847		-	(11) SHALL BE TRANSMITTED
848		-	TO THE STATE TREASURER
849		-	, WHO SHALL CREDIT THE SAME TO THE FUND .
850		-	SECTION 31. In Colorado Revised Statutes, 25-4-414, amend as
851		-	it will become effective March 1, 2022, (1) as follows:
852		-	25-4-414. Penalties. (1) A health-care provider, laboratory
853		-	employee, or other person who is required to make a report pursuant to
854		-	section 25-4-405 and who fails to make such a report commits a civil
855		-	infraction and, upon conviction, shall be punished by a fine of not more
856		-	than three ONE hundred dollars.
857		-	SECTION 32. In Colorado Revised Statutes, 26-2-306, amend (3)
858		-	as follows:
859		-	26-2-306. Trafficking in food stamps. (3) When a person commits
860		-	the offense of trafficking in food stamps twice or more within a period of
861		-	six months, two or more of the offenses may be aggregated and charged in
862		-	a single count, in which event the offenses so aggregated and charged shall
863		-	constitute a single offense. and, if the aggregate value of the food stamps
864		-	involved is one thousand dollars or more but less than twenty thousand
865		-	dollars, it is a class 4 felony; however, if the aggregate value of the food
866		-	stamps involved is twenty thousand dollars or more, it is a class 3 felony.
867		-	SECTION 33. In Colorado Revised Statutes, 33-6-104, amend
868		-	(2)(a)(I) as follows:
869		-	33-6-104. Imposition of penalty - procedures. (2) (a) (I) At the
	765	+	SURCHARGE OF EIGHT DOLLARS IS LEVIED7
	766	+	AGAINST EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL INFRACTION8
	767	+	PURSUANT TO SECTION 16-2.3-101. THE CLERK OF THE COURT SHALL9
	768	+	TRANSMIT ALL MONEY COLLECTED TO THE COURT ADMINISTRATOR OF THE10
	769	+	JUDICIAL DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO11
	770	+	THE VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND12
	771	+	ESTABLISHED IN THAT JUDICIAL DISTRICT.13
	772	+	SECTION 30.
	773	+	In Colorado Revised Statutes, 24-33.5-415.6, add14
	774	+	(10) and (11) as follows:15
	775	+	24-33.5-415.6. Offender identification - fund. (10) A16
	776	+	SURCHARGE OF TWO DOLLARS AND FIFTY CENTS IS LEVIED AGAINST EACH17
	777	+	CIVIL ACTION RESULTING IN AN ADMISSION OF LIABILITY OR A JUDGMENT18
	778	+	AGAINST THE DEFENDANT FOR A CIVIL INFRACTION CHARGED PURSUANT19
	779	+	TO STATE STATUTE. THE DEFENDANT SHALL PAY THE SURCHARGE TO THE20
	780	+	CLERK OF THE COURT. EACH CLERK SHALL TRANSMIT THE MONEY TO THE21
	781	+	STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE FUND .22
	782	+	(11) A
	783	+	SURCHARGE OF TWO DOLLARS AND FIFTY CENTS IS LEVIED23
	784	+	AGAINST EACH PENALTY ASSESSMENT NOTICE ISSUED PURSUANT TO24
	785	+	SECTION 16-2.3-102 FOR A CIVIL INFRACTION PURSUANT TO STATE25
	786	+	STATUTE THAT RESULTS IN PAYMENT OF THE PENALTY ASSESSMENT26
	787	+	WITHOUT THE COMMENCEMENT OF A CIVIL ACTION . ALL MONEY27
	788	+	1229
	789	+	-24- COLLECTED BY THE CLERK OF THE COURT PURSUANT TO THIS SUBSECTION1
	790	+	(11)
	791	+	SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL2
	792	+	CREDIT THE SAME TO THE FUND.3
	793	+	SECTION 31.
	794	+	In Colorado Revised Statutes, 25-4-414, amend4
	795	+	as it will become effective March 1, 2022, (1) as follows:5
	796	+	25-4-414. Penalties. (1) A health-care provider, laboratory6
	797	+	employee, or other person who is required to make a report pursuant to7
	798	+	section 25-4-405 and who fails to make such a report commits a civil8
	799	+	infraction and, upon conviction, shall be punished by a fine of not more9
	800	+	than three ONE hundred dollars.10
	801	+	SECTION 32. In Colorado Revised Statutes, 26-2-306, amend11
	802	+	(3) as follows:12
	803	+	26-2-306. Trafficking in food stamps. (3) When a person13
	804	+	commits the offense of trafficking in food stamps twice or more within14
	805	+	a period of six months, two or more of the offenses may be aggregated15
	806	+	and charged in a single count, in which event the offenses so aggregated16
	807	+	and charged shall constitute a single offense. and, if the aggregate value17
	808	+	of the food stamps involved is one thousand dollars or more but less than18
	809	+	twenty thousand dollars, it is a class 4 felony; however, if the aggregate19
	810	+	value of the food stamps involved is twenty thousand dollars or more, it20
	811	+	is a class 3 felony.21
	812	+	SECTION 33. In Colorado Revised Statutes, 33-6-104, amend22
	813	+	(2)(a)(I) as follows:23
	814	+	33-6-104. Imposition of penalty - procedures. (2) (a) (I) At the24
870	815		time that a person is charged with violating any misdemeanor
871		-	OR CIVIL
872		-	INFRACTION
873		-	provisions of articles 1 to 6 of this title 33 or a rule of the
874		-	commission, the officer shall issue a summons and complaint to the alleged
875		-	offender or, in the case of a violation for which a fine of a fixed amount is
876		-	prescribed, may give the alleged offender an opportunity to voluntarily pay
877		-	the fine and surcharge in the form of a penalty assessment.
878		-	PAGE 20-HOUSE BILL 22-1229 SECTION 34. In Colorado Revised Statutes, 33-10.5-105, amend
879		-	(2)(a.5) as follows:
880		-	33-10.5-105. Prohibition of aquatic nuisance species - rules -
881		-	penalties. (2) (a.5) A person who knowingly or willfully violates
882		-	subsection (1)(e) of this section commits a civil infraction and, upon entry
883		-	of judgment, shall be fined one hundred dollars. When a person is charged
884		-	with knowingly or willfully violating subsection (1)(e) of this section, the
885		-	officer shall give a penalty assessment notice to the defendant and follow
886		-	the procedures in section 33-15-102 (2). If the fine and surcharge are not
887		-	timely paid, the case shall be heard in the court of competent jurisdiction
888		-	prescribed on the penalty assessment notice in the manner provided for in
889		-	article 4 of title 42 for the prosecution of traffic infractions.
890		-	SECTION 35. In Colorado Revised Statutes, 33-13-108.1, amend
891		-	as it will become effective March 1, 2022, (1)(a) introductory portion as
892		-	follows:
893		-	33-13-108.1. Operating a vessel while under the influence -
894		-	definitions. (1) (a) It is a violation MISDEMEANOR for any person to
895		-	operate or be in actual physical control of a motorized, wind-powered, or
896		-	flying vessel in this state while:
897		-	SECTION 36. In Colorado Revised Statutes, 42-2-138, amend as
898		-	it will become effective March 1, 2022, (1)(d)(I) as follows:
899		-	42-2-138. Driving under restraint - penalty - definitions.
900		-	(1) (d) (I) A person who drives a motor vehicle or off-highway vehicle
901		-	upon any highway of this state with knowledge that the person's license or
902		-	privilege to drive, either as a resident or nonresident, is restrained under
903		-	section 42-2-126 (3), is restrained solely or partially because of a conviction
904		-	of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely
905		-	or partially because of an alcohol-related driving offense commits a class
906		-	2 misdemeanor traffic offense. Upon a second or subsequent conviction, the
907		-	person shall be punished by a fine of not less than five hundred dollars nor
908		-	more than three thousand dollars. The minimum county jail sentence
909		-	imposed by this subsection (1)(d)(I) shall be mandatory, and the court shall
910		-	not grant probation or a suspended sentence thereof; but, in a case where the
911		-	defendant is convicted although the defendant established that the defendant
912		-	had to drive the motor vehicle in violation of this subsection (1)(d)(I)
913		-	PAGE 21-HOUSE BILL 22-1229 because of an emergency, the mandatory jail sentence, if any, shall not
914		-	apply, and, for a first conviction, the court may impose a sentence of
915		-	imprisonment in the county jail for a period of not more than one year and,
916		-	in the discretion of the court, a fine of not more than one thousand dollars,
917		-	and, for a second or subsequent conviction, the court may impose a sentence
918		-	of imprisonment in the county jail for a period of not more than two years
919		-	and, in the discretion of the court, a fine of not more than three thousand
920		-	dollars.
921		-	SECTION 37. In Colorado Revised Statutes, 42-4-1301, amend
922		-	(1)(a), (1)(b), and (2)(a) as they will become effective March 1, 2022, as
923		-	follows:
924		-	42-4-1301. Driving under the influence - driving while impaired
925		-	- driving with excessive alcoholic content - definitions - penalties.
926		-	(1) (a) A person who drives a motor vehicle or vehicle under the influence
927		-	of alcohol or one or more drugs, or a combination of both alcohol and one
928		-	or more drugs, commits driving under the influence. Driving under the
929		-	influence is a traffic
930		-	misdemeanor, but it is a class 4 felony if the violation
931		-	occurred after three or more prior convictions, arising out of separate and
932		-	distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular
933		-	homicide, as described in section 18-3-106 (1)(b); vehicular assault, as
934		-	described in section 18-3-205 (1)(b); or any combination thereof.
935		-	(b) A person who drives a motor vehicle or vehicle while impaired
936		-	by alcohol or by one or more drugs, or by a combination of alcohol and one
937		-	or more drugs, commits driving while ability impaired. Driving while ability
938		-	impaired is a traffic
939		-	misdemeanor, but it is a class 4 felony if the violation
940		-	occurred after three or more prior convictions, arising out of separate and
941		-	distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular
942		-	homicide, as described in section 18-3-106 (1)(b); vehicular assault, as
943		-	described in section 18-3-205 (1)(b); or any combination thereof.
944		-	(2) (a) A person who drives a motor vehicle or vehicle when the
945		-	person's BAC is 0.08 or more at the time of driving or within two hours
946		-	after driving commits DUI per se. During a trial, if the state's evidence
947		-	raises the issue, or if a defendant presents some credible evidence, that the
948		-	defendant consumed alcohol between the time that the defendant stopped
949		-	driving and the time that testing occurred, such issue shall be an affirmative
950		-	defense, and the prosecution must establish beyond a reasonable doubt that
951		-	PAGE 22-HOUSE BILL 22-1229 the minimum 0.08 blood or breath alcohol content required in this
952		-	subsection (2)(a) was reached as a result of alcohol consumed by the
953		-	defendant before the defendant stopped driving. DUI per se is a traffic
954		-	misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.
955		-	SECTION 38. In Colorado Revised Statutes, 42-4-1701, amend (1)
956		-	as follows:
957		-	42-4-1701. Traffic offenses and infractions classified - penalties
958		-	- penalty and surcharge schedule - repeal. (1) It is a traffic infraction for
959		-	any person to violate any of the provisions of articles 1 to 3 of this title
960		-	TITLE 42 and parts 1 to 3 and 5 to 19 of this article ARTICLE 4 unless such
961		-	violation is, by articles 1 to 3 of this title TITLE 42 and parts 1 to 3 and 5 to
962		-	19 of this article ARTICLE 4 or by any other law of this state, declared to be
963		-	a felony, misdemeanor, petty offense,
964		-	CIVIL INFRACTION, or misdemeanor
965		-	traffic offense. Such a traffic infraction shall constitute
966		-	CONSTITUTES a civil
967		-	matter.
968		-	SECTION 39. In Colorado Revised Statutes, repeal 42-4-1708.5.
969		-	SECTION 40. In Colorado Revised Statutes, 8-20.5-105, amend
970		-	as it will become effective March 1, 2022, (2) as follows:
971		-	8-20.5-105. Confidentiality. (2) Any person making such
972		-	confidential records available to any person or organization without
973		-	authorization from the affected operator or owner commits a petty offense
974		-	and shall be punished as provided in section 18-1.3-501
975		-	PURSUANT TO
976		-	SECTION
977		-	18-1.3-503.
978		-	SECTION 41. In Colorado Revised Statutes, 25-2-112, amend
979		-	(7)(a) as follows:
980		-	25-2-112. Certificates of birth - filing - establishment of
981		-	paternity - notice to collegeinvest. (7) The state registrar shall revise the
982		-	birth certificate worksheet form used for the preparation of a certificate of
983		-	live birth to include:
984		-	PAGE 23-HOUSE BILL 22-1229 (a) A statement that knowingly and intentionally misrepresenting
985		-	material information on the worksheet form used for the preparation of a
986		-	birth certificate is a misdemeanor
987		-	PETTY OFFENSE;
988		-	SECTION 42. In Colorado Revised Statutes, amend as it will
989		-	become effective March 1, 2022, 25.5-3-111 as follows:
990		-	25.5-3-111. Penalties. Any person who represents that any medical
991		-	service is reimbursable or subject to payment under PURSUANT TO this part
992		-	1 when he or she THE PERSON knows that it is not commits a petty offense.
993		-	and any ANY person who represents that he or she THE PERSON is eligible
994		-	for assistance under PURSUANT TO this part 1 when he or she THE PERSON
995		-	knows that he or she THE PERSON is not commits a class 2 misdemeanor and
996		-	shall be punished as provided in section 18-1.3-503.
997		-	SECTION 43. In Colorado Revised Statutes, amend as it will
998		-	become effective March 1, 2022, 42-2-310 as follows:
999		-	42-2-310. Violation. Any person who violates any of the provisions
1000		-	of this part 3 commits a petty offense, as provided in section 18-1.3-501
1001		-	PURSUANT TO SECTION 18-1.3-503.
1002		-	SECTION 44. In Colorado Revised Statutes, 42-7-510, amend as
1003		-	it will become effective March 1, 2022, (3) as follows:
1004		-	42-7-510. Insurance or bond required. (3) Any person who
1005		-	violates any provision of this section commits a class A traffic infraction.
1006		-	If any violation of this section is committed on behalf of a partnership or
1007		-	corporation, any director, officer, partner, or high managerial agent thereof
1008		-	who authorized, ordered, permitted, or otherwise participated in, by
1009		-	commission or omission, such violation is also a class 1
1010		-	CLASS A traffic
1011		-	infraction.
1012		-	SECTION 45. In Colorado Revised Statutes, 43-5-308, amend as
1013		-	it will become effective March 1, 2022, (1)(a) as follows:
1014		-	43-5-308. Flagpersons - definition - penalty. (1) (a) A person
1015		-	shall not fail or refuse to obey the visible instructions, signals, or direction
1016		-	displayed or given by a flagperson. A person who violates this subsection
	816	+	OR CIVIL25
	817	+	INFRACTION provisions of articles 1 to 6 of this title 33 or a rule of the26
	818	+	commission, the officer shall issue a summons and complaint to the27
	819	+	1229
	820	+	-25- alleged offender or, in the case of a violation for which a fine of a fixed1
	821	+	amount is prescribed, may give the alleged offender an opportunity to2
	822	+	voluntarily pay the fine and surcharge in the form of a penalty3
	823	+	assessment.4
	824	+	SECTION 34. In Colorado Revised Statutes, 33-10.5-105,5
	825	+	amend (2)(a.5) as follows:6
	826	+	33-10.5-105. Prohibition of aquatic nuisance species - rules -7
	827	+	penalties. (2) (a.5) A person who knowingly or willfully violates8
	828	+	subsection (1)(e) of this section commits a civil infraction and, upon entry9
	829	+	of judgment, shall be fined one hundred dollars. When a person is10
	830	+	charged with knowingly or willfully violating subsection (1)(e) of this11
	831	+	section, the officer shall give a penalty assessment notice to the defendant12
	832	+	and follow the procedures in section 33-15-102 (2). If the fine and13
	833	+	surcharge are not timely paid, the case shall be heard in the court of14
	834	+	competent jurisdiction prescribed on the penalty assessment notice in the15
	835	+	manner provided for in article 4 of title 42 for the prosecution of traffic16
	836	+	infractions.17
	837	+	SECTION 35. In Colorado Revised Statutes, 33-13-108.1,18
	838	+	amend as it will become effective March 1, 2022, (1)(a) introductory19
	839	+	portion as follows:20
	840	+	33-13-108.1. Operating a vessel while under the influence -21
	841	+	definitions. (1) (a) It is a violation MISDEMEANOR for any person to22
	842	+	operate or be in actual physical control of a motorized, wind-powered, or23
	843	+	flying vessel in this state while:24
	844	+	SECTION 36. In Colorado Revised Statutes, 42-2-138, amend25
	845	+	as it will become effective March 1, 2022, (1)(d)(I) as follows:26
	846	+	42-2-138. Driving under restraint - penalty - definitions.27
	847	+	1229
	848	+	-26- (1) (d) (I) A person who drives a motor vehicle or off-highway vehicle1
	849	+	upon any highway of this state with knowledge that the person's license2
	850	+	or privilege to drive, either as a resident or nonresident, is restrained3
	851	+	under section 42-2-126 (3), is restrained solely or partially because of a4
	852	+	conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in5
	853	+	another state solely or partially because of an alcohol-related driving6
	854	+	offense commits a class 2 misdemeanor traffic offense. Upon a second or7
	855	+	subsequent conviction, the person shall be punished by a fine of not less8
	856	+	than five hundred dollars nor more than three thousand dollars. The9
	857	+	minimum county jail sentence imposed by this subsection (1)(d)(I) shall10
	858	+	be mandatory, and the court shall not grant probation or a suspended11
	859	+	sentence thereof; but, in a case where the defendant is convicted although12
	860	+	the defendant established that the defendant had to drive the motor13
	861	+	vehicle in violation of this subsection (1)(d)(I) because of an emergency,14
	862	+	the mandatory jail sentence, if any, shall not apply, and, for a first15
	863	+	conviction, the court may impose a sentence of imprisonment in the16
	864	+	county jail for a period of not more than one year and, in the discretion of17
	865	+	the court, a fine of not more than one thousand dollars, and, for a second18
	866	+	or subsequent conviction, the court may impose a sentence of19
	867	+	imprisonment in the county jail for a period of not more than two years20
	868	+	and, in the discretion of the court, a fine of not more than three thousand21
	869	+	dollars.22
	870	+	SECTION 37. In Colorado Revised Statutes, 42-4-1301, amend23
	871	+	(1)(a), (1)(b), and (2)(a) as they will become effective March 1, 2022,24
	872	+	as follows:25
	873	+	42-4-1301. Driving under the influence - driving while26
	874	+	impaired - driving with excessive alcoholic content - definitions -27
	875	+	1229
	876	+	-27- penalties. (1) (a) A person who drives a motor vehicle or vehicle under1
	877	+	the influence of alcohol or one or more drugs, or a combination of both2
	878	+	alcohol and one or more drugs, commits driving under the influence.3
	879	+	Driving under the influence is a traffic misdemeanor, but it is a class 44
	880	+	felony if the violation occurred after three or more prior convictions,5
	881	+	arising out of separate and distinct criminal episodes, for DUI, DUI per6
	882	+	se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b);7
	883	+	vehicular assault, as described in section 18-3-205 (1)(b); or any8
	884	+	combination thereof.9
	885	+	(b) A person who drives a motor vehicle or vehicle while impaired10
	886	+	by alcohol or by one or more drugs, or by a combination of alcohol and11
	887	+	one or more drugs, commits driving while ability impaired. Driving while12
	888	+	ability impaired is a traffic misdemeanor, but it is a class 4 felony if the13
	889	+	violation occurred after three or more prior convictions, arising out of14
	890	+	separate and distinct criminal episodes, for DUI, DUI per se, or DWAI;15
	891	+	vehicular homicide, as described in section 18-3-106 (1)(b); vehicular16
	892	+	assault, as described in section 18-3-205 (1)(b); or any combination17
	893	+	thereof.18
	894	+	(2) (a) A person who drives a motor vehicle or vehicle when the19
	895	+	person's BAC is 0.08 or more at the time of driving or within two hours20
	896	+	after driving commits DUI per se. During a trial, if the state's evidence21
	897	+	raises the issue, or if a defendant presents some credible evidence, that22
	898	+	the defendant consumed alcohol between the time that the defendant23
	899	+	stopped driving and the time that testing occurred, such issue shall be an24
	900	+	affirmative defense, and the prosecution must establish beyond a25
	901	+	reasonable doubt that the minimum 0.08 blood or breath alcohol content26
	902	+	required in this subsection (2)(a) was reached as a result of alcohol27
	903	+	1229
	904	+	-28- consumed by the defendant before the defendant stopped driving. DUI1
	905	+	per se is a traffic misdemeanor, but it is a class 4 felony if the violation2
	906	+	occurred after three or more prior convictions, arising out of separate and3
	907	+	distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular4
	908	+	homicide, as described in section 18-3-106 (1)(b); vehicular assault, as5
	909	+	described in section 18-3-205 (1)(b); or any combination thereof.6
	910	+	SECTION 38. In Colorado Revised Statutes, 42-4-1701, amend7
	911	+	(1) as follows:8
	912	+	42-4-1701. Traffic offenses and infractions classified -9
	913	+	penalties - penalty and surcharge schedule - repeal. (1) It is a traffic10
	914	+	infraction for any person to violate any of the provisions of articles 1 to11
	915	+	3 of this title TITLE 42 and parts 1 to 3 and 5 to 19 of this article ARTICLE12
	916	+	4 unless such violation is, by articles 1 to 3 of this title TITLE 42 and parts13
	917	+	1 to 3 and 5 to 19 of this article ARTICLE 4 or by any other law of this14
	918	+	state, declared to be a felony, misdemeanor, petty offense,
	919	+	CIVIL15
	920	+	INFRACTION, or misdemeanor traffic offense. Such a traffic infraction16
	921	+	shall constitute
	922	+	CONSTITUTES a civil matter.17
	923	+	SECTION 39. In Colorado Revised Statutes, repeal 42-4-1708.5.18
	924	+	SECTION 40. In Colorado Revised Statutes, 8-20.5-105, amend19
	925	+	as it will become effective March 1, 2022, (2) as follows:20
	926	+	8-20.5-105. Confidentiality. (2) Any person making such21
	927	+	confidential records available to any person or organization without22
	928	+	authorization from the affected operator or owner commits a petty offense23
	929	+	and shall be punished as provided in section 18-1.3-501 PURSUANT TO24
	930	+	SECTION 18-1.3-503.25
	931	+	SECTION 41. In Colorado Revised Statutes, 25-2-112, amend26
	932	+	(7)(a) as follows:27
	933	+	1229
	934	+	-29- 25-2-112. Certificates of birth - filing - establishment of1
	935	+	paternity - notice to collegeinvest. (7) The state registrar shall revise the2
	936	+	birth certificate worksheet form used for the preparation of a certificate3
	937	+	of live birth to include:4
	938	+	(a) A statement that knowingly and intentionally misrepresenting5
	939	+	material information on the worksheet form used for the preparation of6
	940	+	a birth certificate is a misdemeanor PETTY OFFENSE;7
	941	+	SECTION 42. In Colorado Revised Statutes, amend as it will8
	942	+	become effective March 1, 2022, 25.5-3-111 as follows:9
	943	+	25.5-3-111. Penalties. Any person who represents that any10
	944	+	medical service is reimbursable or subject to payment under PURSUANT11
	945	+	TO this part 1 when he or she THE PERSON knows that it is not commits a12
	946	+	petty offense. and any ANY person who represents that he or she THE13
	947	+	PERSON is eligible for assistance under PURSUANT TO this part 1 when he14
	948	+	or she THE PERSON knows that he or she THE PERSON is not commits a15
	949	+	class 2 misdemeanor and shall be punished as provided in section16
	950	+	18-1.3-503.17
	951	+	SECTION 43. In Colorado Revised Statutes, amend as it will18
	952	+	become effective March 1, 2022, 42-2-310 as follows:19
	953	+	42-2-310. Violation. Any person who violates any of the20
	954	+	provisions of this part 3 commits a petty offense, as provided in section21
	955	+	18-1.3-501 PURSUANT TO SECTION 18-1.3-503.22
	956	+	SECTION 44. In Colorado Revised Statutes, 42-7-510, amend23
	957	+	as it will become effective March 1, 2022, (3) as follows:24
	958	+	42-7-510. Insurance or bond required. (3) Any person who25
	959	+	violates any provision of this section commits a class A traffic infraction.26
	960	+	If any violation of this section is committed on behalf of a partnership or27
	961	+	1229
	962	+	-30- corporation, any director, officer, partner, or high managerial agent1
	963	+	thereof who authorized, ordered, permitted, or otherwise participated in,2
	964	+	by commission or omission, such violation is also a class 1 CLASS A3
	965	+	traffic infraction.4
	966	+	SECTION 45. In Colorado Revised Statutes, 43-5-308, amend5
	967	+	as it will become effective March 1, 2022, (1)(a) as follows:6
	968	+	43-5-308. Flagpersons - definition - penalty. (1) (a) A person7
	969	+	shall not fail or refuse to obey the visible instructions, signals, or direction8
	970	+	displayed or given by a flagperson. A person who violates this subsection9
1017	971		(1)(a) commits a
1018		-	CLASS A traffic infraction.
1019		-	PAGE 24-HOUSE BILL 22-1229 SECTION 46. Appropriation. For the 2021-22 state fiscal year,
1020		-	$124,800 is appropriated to the judicial department. This appropriation is
1021		-	from the general fund. To implement this act, the department may use this
1022		-	appropriation for information technology infrastructure. Any money
1023		-	appropriated in this section not expended prior to July 1, 2022, is further
1024		-	appropriated to the department for the 2022-23 state fiscal year for the same
1025		-	purpose.
1026		-	SECTION 47. Effective date - applicability. This act takes effect
1027		-	March 1, 2022, and applies to offenses committed on or after that date;
1028		-	except that section 16-2.3-102, Colorado Revised Statutes, as enacted in
1029		-	section 1 of this act, takes effect on September 1, 2022.
1030		-	SECTION 48. Safety clause. The general assembly hereby finds,
1031		-	PAGE 25-HOUSE BILL 22-1229 determines, and declares that this act is necessary for the immediate
1032		-	preservation of the public peace, health, or safety.
1033		-	____________________________ ____________________________
1034		-	Alec Garnett Steve Fenberg
1035		-	SPEAKER OF THE HOUSE PRESIDENT OF
1036		-	OF REPRESENTATIVES THE SENATE
1037		-	____________________________ ____________________________
1038		-	Robin Jones Cindi L. Markwell
1039		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1040		-	OF REPRESENTATIVES THE SENATE
1041		-	APPROVED________________________________________
1042		-	(Date and Time)
1043		-	_________________________________________
1044		-	Jared S. Polis
1045		-	GOVERNOR OF THE STATE OF COLORADO
1046		-	PAGE 26-HOUSE BILL 22-1229
	972	+	CLASS A traffic infraction.10
	973	+	SECTION 46. Appropriation. For the 2021-22 state fiscal year,11
	974	+	$124,800 is appropriated to the judicial department. This appropriation12
	975	+	is from the general fund. To implement this act, the department may use13
	976	+	this appropriation for information technology infrastructure. Any money14
	977	+	appropriated in this section not expended prior to July 1, 2022, is further15
	978	+	appropriated to the department for the 2022-23 state fiscal year for the16
	979	+	same purpose.17
	980	+	SECTION 47. Effective date - applicability. This act takes18
	981	+	effect March 1, 2022, and applies to offenses committed on or after that19
	982	+	date; except that section 16-2.3-102, Colorado Revised Statutes, as20
	983	+	enacted in section 1 of this act, takes effect on September 1, 2022.21
	984	+	SECTION 48. Safety clause. The general assembly hereby finds,22
	985	+	determines, and declares that this act is necessary for the immediate23
	986	+	preservation of the public peace, health, or safety.24
	987	+	1229
	988	+	-31-