HOUSE BILL 22-1229
BY REPRESENTATIVE(S) Weissman and Soper, Gray, Ricks, Snyder,
Woodrow, Lindsay, Michaelson Jenet;
also SENATOR(S) Gardner and Gonzales, Lee
.
C
ONCERNING ADOPTING CLEAN -UP PROVISIONS TO SENATE BILL 21-271
WHICH ENACTED THE 2021 RECOMMENDATIONS OF THE COLORADO
COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, as it will become effective March 1, 2022, article 2.3
of title 16 as follows:
ARTICLE 2.3
Civil Infractions
16-2.3-101. Civil infractions classified. (1) I
T IS A CIVIL
INFRACTION FOR ANY PERSON TO COMMIT ANY OFFENSE OR VIOLATE ANY
STATUTE OF THIS STATE THAT IS SPECIFICALLY CLASSIFIED AS A CIVIL
INFRACTION
. A CIVIL INFRACTION IS A CIVIL MATTER.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (2) FOR THE PURPOSES OF THIS ARTICLE 2.3:
(a) "J
UDGE" INCLUDES ANY COUNTY COURT MAGISTRATE WHO HEARS
A CIVIL INFRACTION MATTER
; AND
(b) "MAGISTRATE" INCLUDES ANY COUNTY COURT JUDGE WHO IS
ACTING AS A COUNTY COURT MAGISTRATE IN A CIVIL INFRACTION MATTER
.
(3) T
HE PENALTY FOR COMMISSION OF A CIVIL INFRACTION , UPON
CONVICTION
, IS A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS , UNLESS
OTHERWISE PROVIDED IN THE SECTION DESCRIBING THE INFRACTION
.
(4) E
VERY PERSON WHO IS CONVICTED OF , WHO ADMITS LIABILITY
FOR
, OR AGAINST WHOM A JUDGMENT IS ENTERED FOR A VIOLATION OF A
CIVIL INFRACTION MUST BE FINED AND HAVE A SURCHARGE LEVIED
PURSUANT TO SECTIONS
24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(III), AND
24-33.5-415.6.
16-2.3-102. Penalty assessment notice for civil infractions.
(1) (a) A
T ANY TIME THAT A PEACE OFFICER , AS DESCRIBED IN SECTION
16-2.5-101, CHARGES A PERSON WITH THE COMMISSION OF ANY CIVIL
INFRACTION
, THE PEACE OFFICER MAY, EXCEPT WHEN PROHIBITED BY THE
SECTION DESCRIBING THE CHARGED CIVIL INFRACTION
, OFFER TO GIVE A
PENALTY ASSESSMENT NOTICE TO THE PERSON
. FOR ALL CIVIL INFRACTIONS,
THE FINE LISTED ON THE PENALTY ASSESSMENT NOTICE IS ONE HUNDRED
DOLLARS
, UNLESS THE FINE IS OTHERWISE PROVIDED IN THE SECTION
DESCRIBING THE CIVIL INFRACTION
.
(b) T
HE PENALTY ASSESSMENT NOTICE THAT A PEACE OFFICER
SERVES UPON THE PERSON MUST BE A SUMMONS AND COMPLAINT
CONTAINING THE FOLLOWING
:
(I) I
DENTIFICATION OF THE ALLEGED OFFENDER ;
(II) S
PECIFICATION OF THE OFFENSE, INCLUDING A CITATION TO THE
SECTION ALLEGED TO HAVE BEEN VIOLATED AND A BRIEF DESCRIPTION OF
THE CIVIL INFRACTION
;
(III) T
HE AMOUNT OF THE FINE FOR THE CIVIL INFRACTION AND THE
PAGE 2-HOUSE BILL 22-1229 AMOUNT OF THE SURCHARGES PURSUANT TO SECTIONS 24-4.1-119 (1)(g),
24-4.2-104
(1), AND 24-33.5-415.6;
(IV) T
HE DATE THE PEACE OFFICER SERVES THE PENALTY
ASSESSMENT NOTICE UPON THE PERSON
;
(V) I
NSTRUCTIONS TO THE PERSON TO APPEAR IN A SPECIFIED
COUNTY COURT AT A SPECIFIED TIME AND PLACE IF THE FINE AND
SURCHARGES ARE NOT PAID
;
(VI) T
HE PEACE OFFICER'S SIGNATURE;
(VII) A
PLACE WHERE THE PERSON MAY EXECUTE A SIGNED
ACKNOWLEDGMENT OF LIABILITY AND AN AGREEMENT TO PAY THE FINE AND
SURCHARGES WITHIN TWENTY DAYS
; AND
(VIII) OTHER INFORMATION AS MAY BE REQUIRED BY LAW TO
CONSTITUTE THE PENALTY ASSESSMENT NOTICE TO BE A SUMMONS AND
COMPLAINT SHOULD THE FINE AND SURCHARGES NOT BE PAID WITHIN THE
TIME ALLOWED IN SUBSECTION
(2) OF THIS SECTION.
(c) A
PENALTY ASSESSMENT NOTICE ISSUED AND SERVED PURSUANT
TO SUBSECTION
(1)(a) OF THIS SECTION ON A MINOR UNDER EIGHTEEN YEARS
OF AGE MUST ALSO CONTAIN OR BE ACCOMPANIED BY A DOCUMENT
CONTAINING
:
(I) A
PREPRINTED DECLARATION STATING THAT THE MINOR 'S PARENT
OR LEGAL GUARDIAN HAS REVIEWED THE CONTENTS OF THE PENALTY
ASSESSMENT NOTICE WITH THE MINOR
;
(II) P
REPRINTED SIGNATURE LINES FOLLOWING THE DECLARATION ON
WHICH THE REVIEWING PERSON DESCRIBED IN SUBSECTION
(1)(c)(I) OF THIS
SECTION SHALL AFFIX THE PERSON
'S SIGNATURE AND FOR A NOTARY PUBLIC
TO DULY ACKNOWLEDGE THE REVIEWING PERSON
'S SIGNATURE; AND
(III) AN ADVISEMENT TO THE MINOR THAT :
(A) T
HE MINOR SHALL, WITHIN SEVENTY-TWO HOURS AFTER SERVICE
OF THE PENALTY ASSESSMENT NOTICE
, INFORM THE MINOR'S PARENT OR
LEGAL GUARDIAN THAT THE MINOR HAS RECEIVED A PENALTY ASSESSMENT
PAGE 3-HOUSE BILL 22-1229 NOTICE;
(B) T
HE PARENT OR LEGAL GUARDIAN OF THE MINOR IS REQUIRED BY
LAW TO REVIEW AND SIGN THE PENALTY ASSESSMENT NOTICE AND TO HAVE
THE PERSON
'S SIGNATURE DULY ACKNOWLEDGED BY A NOTARY PUBLIC ; AND
(C) NONCOMPLIANCE WITH THE REQUIREMENT SET FORTH IN
SUBSECTION
(1)(c)(III)(B) OF THIS SECTION WILL RESULT IN THE MINOR AND
THE PARENT OR LEGAL GUARDIAN OF THE MINOR BEING REQUIRED TO APPEAR
IN COURT PURSUANT TO SUBSECTION
(4) OF THIS SECTION.
(d) T
HE PEACE OFFICER MUST SERVE ONE COPY OF THE PENALTY
ASSESSMENT NOTICE UPON THE PERSON AND SHALL SEND ONE COPY TO THE
CLERK OF THE COUNTY COURT IN THE COUNTY IN WHICH THE ALLEGED
OFFENSE OCCURRED
. THE COPY SENT TO THE CLERK OF THE COUNTY COURT
MUST BE SENT IMMEDIATELY AFTER SERVICE UPON THE PERSON
.
(e) T
HE TIME SPECIFIED IN THE SUMMONS PORTION OF THE PENALTY
ASSESSMENT NOTICE MUST BE AT LEAST THIRTY DAYS BUT NOT MORE THAN
NINETY DAYS AFTER THE DATE THE PENALTY ASSESSMENT NOTICE IS
SERVED
.
(f) T
HE PLACE SPECIFIED IN THE SUMMONS PORTION OF THE PENALTY
ASSESSMENT NOTICE MUST BE A COUNTY COURT WITHIN THE COUNTY IN
WHICH THE CIVIL INFRACTION IS ALLEGED TO HAVE BEEN COMMITTED
.
(g) I
F THE PERSON REFUSES TO ACCEPT SERVICE OF THE PENALTY
ASSESSMENT NOTICE
, TENDER OF THE NOTICE BY THE PEACE OFFICER TO THE
PERSON CONSTITUTES SERVICE UPON THE PERSON
.
(2) (a) I
F THE PERSON SERVED A PENALTY ASSESSMENT NOTICE
ACKNOWLEDGES GUILT
, THE PERSON MAY PAY THE SPECIFIED FINE AND
SURCHARGES IN PERSON OR BY MAIL AT THE PLACE AND WITHIN THE TIME
SPECIFIED IN THE NOTICE
. IF THE PERSON DOES NOT ACKNOWLEDGE GUILT ,
THE PERSON SHALL APPEAR AS REQUIRED IN THE NOTICE . UPON FINAL
HEARING
, IF THE PERSON IS FOUND GUILTY, THE COURT SHALL IMPOSE THE
FINE AND SURCHARGES SPECIFIED IN THE NOTICE FOR THE OFFENSE FOR
WHICH THE PERSON WAS FOUND GUILTY AND THE COURT MAY IMPOSE COURT
COSTS AGAINST THE PERSON IN ADDITION TO THE FINE AND SURCHARGES
.
PAGE 4-HOUSE BILL 22-1229 (b) THE FINE SPECIFIED IN THE PENALTY ASSESSMENT NOTICE FOR
THE VIOLATION CHARGED AND THE SURCHARGES MUST BE PAID TO THE
CLERK OF THE COURT OF THE JURISDICTION IN WHICH THE OFFENSE IS
ALLEGED TO HAVE OCCURRED
, EITHER IN PERSON OR BY POSTMARKING SUCH
PAYMENT WITHIN TWENTY DAYS AFTER THE DATE THE PENALTY ASSESSMENT
NOTICE IS SERVED UPON THE PERSON
. EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTION
(4) OF THIS SECTION, ACCEPTANCE OF A PENALTY ASSESSMENT
NOTICE AND PAYMENT OF THE FINE AND SURCHARGES TO THE COURT IS
COMPLETE SATISFACTION FOR THE VIOLATION
. THE PERSON MUST BE GIVEN
A RECEIPT IF THE PERSON PAYS THE FINE AND SURCHARGES IN CURRENCY OR
OTHER FORM OF LEGAL TENDER
.
(3) I
F A PERSON CHARGED WITH A CIVIL INFRACTION FAILS TO PAY
THE FINE AND SURCHARGES WITHIN TWENTY DAYS AFTER THE DATE OF THE
PENALTY ASSESSMENT NOTICE
, OR IF THE CLERK OF THE COURT DOES NOT
ACCEPT PAYMENT FOR THE FINE AND SURCHARGES AS EVIDENCED BY
RECEIPT
, THE PERSON IS ALLOWED TO PAY THE FINE, SURCHARGES, AND THE
DOCKET FEES IN THE AMOUNTS SET FORTH IN SECTIONS
13-1-204 (1)(b) AND
16-2.3-106 (5)(a)(I) TO THE CLERK OF THE COURT REFERRED TO IN THE
SUMMONS PORTION OF THE PENALTY ASSESSMENT NOTICE DURING THE TWO
BUSINESS DAYS PRIOR TO THE TIME FOR APPEARANCE
, AS SPECIFIED IN THE
NOTICE
. IF THE FINE FOR A CIVIL INFRACTION AND SURCHARGES IS NOT
TIMELY PAID
, THE CASE IS HEARD IN THE COURT OF COMPETENT
JURISDICTION PRESCRIBED ON THE PENALTY ASSESSMENT NOTICE IN THE
MANNER PROVIDED FOR IN THIS ARTICLE
2.3 FOR THE PROSECUTION OF CIVIL
INFRACTIONS
.
(4) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF THIS
SECTION
, A MINOR UNDER EIGHTEEN YEARS OF AGE SHALL APPEAR AT A
HEARING ON THE DATE AND TIME SPECIFIED IN THE PENALTY ASSESSMENT
NOTICE AND ANSWER THE ALLEGED VIOLATION IF THE PENALTY ASSESSMENT
WAS TIMELY PAID BUT NOT SIGNED AND NOTARIZED IN THE MANNER
REQUIRED BY SUBSECTION
(1)(c)(III)(B) OF THIS SECTION.
(5) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS
SECTION
, IF THE OFFENSE CHARGED IS FOR THE COMMISSION OF A CIVIL
INFRACTION FOR A PARKS AND WILDLIFE VIOLATION CONTAINED IN TITLE
33,
THE PENALTY ASSESSMENT PROCEDURES CONTAINED IN SECTION 33-6-104
OR 33-15-102 APPLY.
PAGE 5-HOUSE BILL 22-1229 16-2.3-103. Summons and complaint for civil infractions. (1) A
SUMMONS AND COMPLAINT MAY BE ISSUED BY ANY PEACE OFFICER FOR AN
OFFENSE CONSTITUTING A CIVIL INFRACTION COMMITTED IN THE PEACE
OFFICER
'S PRESENCE OR, IF NOT COMMITTED IN THE PEACE OFFICER 'S
PRESENCE
, THAT THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE WAS
COMMITTED AND PROBABLE CAUSE TO BELIEVE WAS COMMITTED BY THE
PERSON CHARGED
. EXCEPT FOR PENALTY ASSESSMENT NOTICES , WHICH
MUST BE HANDLED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION
16-2-201 OR 16-2.3-102, A COPY OF A SUMMONS AND COMPLAINT ISSUED
MUST BE FILED IMMEDIATELY WITH THE COUNTY COURT BEFORE WHICH
APPEARANCE IS REQUIRED
, AND A SECOND COPY MUST BE GIVEN TO THE
DISTRICT ATTORNEY OR DEPUTY DISTRICT ATTORNEY FOR THE COUNTY
.
(2) A
SUMMONS ISSUED BY THE COUNTY COURT FOR A CIVIL
INFRACTION MAY BE SERVED BY GIVING A COPY TO THE PERSON OR BY
LEAVING A COPY AT THE PERSON
'S USUAL PLACE OF ABODE WITH A PERSON
OVER THE AGE OF EIGHTEEN YEARS RESIDING THEREIN
, OR BY MAILING A
COPY TO THE PERSON
'S LAST KNOWN ADDRESS BY CERTIFIED MAIL , RETURN
RECEIPT REQUESTED
, NOT LESS THAN FOURTEEN DAYS PRIOR TO THE TIME
THE PERSON IS REQUIRED TO APPEAR
. SERVICE BY MAIL IS COMPLETE UPON
THE RETURN OF THE RECEIPT SIGNED BY THE PERSON
. PERSONAL SERVICE
MUST BE MADE BY ANY DISINTERESTED PARTY OVER EIGHTEEN YEARS OF
AGE
.
16-2.3-104. Parties to a crime. A
PERSON IS LEGALLY
ACCOUNTABLE AS PRINCIPAL FOR THE BEHAVIOR OF ANOTHER PERSON WHO
COMMITS A CIVIL INFRACTION IF
, WITH THE INTENT TO PROMOTE OR
FACILITATE THE COMMISSION OF THE OFFENSE
, THE PERSON AIDS, ABETS,
ADVISES, OR ENCOURAGES THE OTHER PERSON IN PLANNING OR COMMITTING
THE OFFENSE
.
16-2.3-105. Civil infractions - proper court for hearing - burden
of proof - appeal - collateral attack. (1)
A COUNTY COURT MAGISTRATE
APPOINTED PURSUANT TO PART
5 OF ARTICLE 6 OF TITLE 13, OR A COUNTY
JUDGE ACTING AS A MAGISTRATE
, SHALL CONDUCT THE HEARING IN A
COUNTY COURT FOR THE ADJUDICATION OF A CIVIL INFRACTION
; EXCEPT
THAT
, IF THE CHARGE INCLUDES A CRIME AND CIVIL INFRACTION IN THE SAME
SUMMONS AND COMPLAINT
, ALL CHARGES MUST BE MADE RETURNABLE
BEFORE A JUDGE OR MAGISTRATE WHO HAS JURISDICTION OVER THE CRIME
.
T
HE COLORADO RULES OF CRIMINAL PROCEDURE APPLY IN A CASE THAT
PAGE 6-HOUSE BILL 22-1229 CONTAINS BOTH A CRIME AND A CIVIL INFRACTION .
(2) W
HEN A COURT OF COMPETENT JURISDICTION DETERMINES THAT
A PERSON CHARGED WITH A MISDEMEANOR OR PETTY OFFENSE IS GUILTY OF
A LESSER INCLUDED OFFENSE THAT IS A CIVIL INFRACTION
, THE COURT MAY
ENTER A JUDGMENT AS TO THE LESSER INCLUDED OFFENSE
.
(3) I
N A CIVIL INFRACTION CASE, THE BURDEN OF PROOF IS ON THE
PEOPLE
, AND THE MAGISTRATE SHALL ENTER J UDGMENT IN FAVOR OF THE
PERSON UNLESS THE PEOPLE PROVE THE LIABILITY OF THE PERSON BEYOND
A REASONABLE DOUBT
. THE DISTRICT ATTORNEY OR A DISTRICT ATTORNEY'S
DEPUTY MAY
, BUT IS NOT REQUIRED TO, AT THE DISTRICT ATTORNEY 'S
DISCRETION
, ENTER A CIVIL INFRACTION CASE FOR THE PURPOSE OF
ATTEMPTING TO NEGOTIATE A PLEA TO A LESSER OFFENSE
, REDUCED
PENALTY
, OR A STIPULATION TO PRETRIAL DIVERSION OR DEFERRED
JUDGMENT AND SENTENCE
. THE DISTRICT ATTORNEY SHALL NOT REPRESENT
THE STATE AT HEARINGS CONDUCTED BY A MAGISTRATE OR A COUNTY
JUDGE ACTING AS A MAGISTRATE ON CIVIL INFRACTION MATTERS
. THE
MAGISTRATE OR COUNTY JUDGE ACTING AS A MAGISTRATE MAY CALL AND
QUESTION ANY WITNESS AND SHALL ACT AS THE FACT FINDER AT HEARINGS
ON CIVIL INFRACTION MATTERS
.
(4) A
N APPEAL FROM FINAL JUDGMENT ON A CIVIL INFRACTION
MATTER MUST BE TAKEN TO THE DISTRICT COURT FOR THE COUNTY WHERE
THE MAGISTRATE OR JUDGE ACTING AS MAGISTRATE IS LOCATED
.
(5) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF
THIS SECTION
, A PERSON AGAINST WHOM A JUDGMENT IS ENTERED FOR A
CIVIL INFRACTION MAY NOT COLLATERALLY ATTACK THE VALIDITY OF THAT
JUDGMENT UNLESS THE PERSON COMMENCES THE ATTACK WITHIN SIX
MONTHS AFTER THE DATE OF ENTRY OF THE JUDGMENT
.
(b) I
N RECOGNITION OF THE DIFFICULTIES ATTENDING THE
LITIGATION OF STALE CLAIMS AND THE POTENTIAL FOR FRUSTRATING
VARIOUS STATUTORY PROVISIONS DIRECTED AT REPEAT OFFENDERS
, FORMER
OFFENDERS
, AND HABITUAL OFFENDERS, THE ONLY EXCEPTIONS TO THE TIME
LIMITATION SPECIFIED IN SUBSECTION
(5)(a) OF THIS SECTION ARE CASES IN
WHICH THE COURT HEARING THE COLLATERAL ATTACK FINDS
:
(I) T
HAT THE COURT ENTERING JUDGMENT DID NOT HAVE
PAGE 7-HOUSE BILL 22-1229 JURISDICTION OVER THE SUBJECT MATTER OF THE ALLEGED CIVIL
INFRACTION
;
(II) T
HAT THE COURT ENTERING JUDGMENT DID NOT HAVE
JURISDICTION OVER THE PERSON
;
(III) B
Y A PREPONDERANCE OF THE EVIDENCE , THAT THE FAILURE TO
SEEK RELIEF WITHIN THE TIME LIMITATION SPECIFIED IN SUBSECTION
(5)(a)
OF THIS SECTION WAS THE RESULT OF AN ADJUDICATION OF INCOMPETENCE
OR BY COMMITMENT OR CERTIFICATION OF THE VIOLATOR TO AN
INSTITUTION FOR TREATMENT AS A PERSON WITH A BEHAVIORAL HEALTH
DISORDER
; OR
(IV) THAT THE FAILURE TO SEEK RELIEF WITHIN TIME LIMITATION
SPECIFIED IN SUBSECTION
(5)(a) OF THIS SECTION WAS THE RESULT OF
CIRCUMSTANCES AMOUNTING TO JUSTIFIABLE EXCUSE OR EXCUSABLE
NEGLECT
.
16-2.3-106. Failure to pay penalty for civil infractions - failure
of parent or guardian to sign penalty assessment notice - procedures.
(1) U
NLESS A PERSON WHO HAS BEEN CITED FOR A CIVIL INFRACTION PAYS
THE FINE AND SURCHARGES PURSUANT TO SECTIONS
24-4.1-119 (1)(g),
24-4.2-104 (1),
AND 24-33.5-415.6, THE PERSON SHALL APPEAR AT A
HEARING ON THE DATE AND TIME SPECIFIED IN THE SUMMONS AND
COMPLAINT AND ANSWER THE COMPLAINT
. THIS REQUIREMENT TO APPEAR
MAY BE COMPLIED WITH BY APPEARANCE OF COUNSEL
.
(2) I
F A MINOR UNDER EIGHTEEN YEARS OF AGE IS REQUIRED TO
APPEAR AT A HEARING PURSUANT TO SUBSECTION
(1) OF THIS SECTION, THE
MINOR SHALL INFORM THE MINOR
'S PARENT OR LEGAL GUARDIAN, AND THE
PARENT OR LEGAL GUARDIAN SHALL ALSO APPEAR AT THE HEARING
.
(3) I
F THE PERSON ANSWERS THAT THE PERSON IS GUILTY OR IF THE
PERSON FAILS TO APPEAR FOR THE HEARING
, THE MAGISTRATE SHALL ENTER
JUDGMENT AGAINST THE PERSON
.
(4) I
F THE PERSON DENIES THE ALLEGATIONS IN THE COMPLAINT , A
FINAL HEARING ON THE COMPLAINT MUST BE HELD SUBJECT TO THE
PROVISIONS REGARDING A SPEEDY TRIAL IN SECTION
18-1-405. IF THE
PERSON IS FOUND GUILTY OR LIABLE AT THE FINAL HEARING OR IF THE
PAGE 8-HOUSE BILL 22-1229 PERSON FAILS TO APPEAR FOR A FINAL HEARING , THE MAGISTRATE SHALL
ENTER JUDGMENT AGAINST THE PERSON
.
(5) (a) (I) I
F JUDGMENT IS ENTERED AGAINST A PERSON , THE
MAGISTRATE SHALL ASSESS THE APPROPRIATE FINE AND SURCHARGES
, A
DOCKET FEE OF SIXTEEN DOLLARS
, AND OTHER APPLICABLE COSTS
AUTHORIZED BY SECTION
13-16-122 (1).
(II) A
LL DOCKET FEES COLLECTED PURSUANT TO SUBSECTION
(5)(a)(I) OF THIS SECTION MUST BE TRANSMITTED TO THE STATE TREASURER
FOR DEPOSIT IN THE JUDICIAL STABILIZATION CASH FUND CREATED IN
SECTION
13-32-101 (6).
(b) A
MAGISTRATE SHALL NOT ISSUE A BENCH WARRANT FOR THE
ARREST OF ANY PERSON WHO FAILS TO APPEAR FOR A HEARING PURSUANT TO
SUBSECTION
(1), (2), OR (3) OF THIS SECTION OR FOR A FINAL HEARING
PURSUANT TO SUBSECTION
(4) OF THIS SECTION.
SECTION 2. In Colorado Revised Statutes, 13-1-204, amend
(1)(b) as follows:
13-1-204. Court security cash fund - creation - grants -
regulations. (1) (b) A five-dollar surcharge shall
MUST be assessed and
collected as provided by law on docket fees and jury fees for specified civil
actions filed on and after July 1, 2007, on docket fees for criminal
convictions entered on and after July 1, 2007, on filing fees for specified
probate filings made on and after July 1, 2007, on docket fees for specified
special proceeding filings made on and after July 1, 2007, on fees for
specified filings in water matters initiated on and after July 1, 2007, and
on
docket fees for specified traffic infraction penalties assessed on and after
July 1, 2007,
AND ON DOCKET FEES FOR CIVIL INFRACTION PENALTIES
ASSESSED ON OR AFTER
MARCH 1, 2022. The surcharge shall
MUST be
transmitted to the state treasurer, who shall credit the surcharge to the fund.
SECTION 3. In Colorado Revised Statutes, 13-6-212, amend (2)(f)
as follows:
13-6-212. Duties of clerk. (2) Upon approval by the chief justice
of the supreme court, the chief judge of a judicial district may authorize,
either generally or in specific cases, the clerk of the county court to do the
PAGE 9-HOUSE BILL 22-1229 following:
(f) With the consent of the defendant, accept pleas of guilty and
admissions of liability and impose penalties pursuant to a schedule
approved by the presiding judge in misdemeanor cases involving violations
of wildlife and parks and outdoor recreation laws for which the maximum
penalty in each case is a fine of not more than one thousand dollars; and in
misdemeanor traffic and traffic infraction cases involving the regulation of
vehicles and traffic for which the penalty specified in section 42-4-1701,
C.R.S.,
or elsewhere in articles 2 to 4 of title 42, C.R.S., in each case is less
than three hundred dollars;
AND IN CIVIL INFRACTION CASES. A clerk shall
not levy a fine of over said
GREATER THAN THESE amounts nor sentence any
person to jail. If, in the judgment of the clerk, a fine of over said GREATER
THAN THESE
amounts or a jail sentence is justified, the case shall
MUST be
certified to the judge of the county court for rearraignment and trial de
novo.
SECTION 4. In Colorado Revised Statutes, 13-6-501, amend (4)
introductory portion, (5), (6), (8), and (9); and add (4)(a.5) as follows:
13-6-501. County court magistrates - qualifications - duties.
(4) Subject to the provision that no magistrate may preside in any trial by
jury, county court magistrates shall
have power to hear the following
matters:
(a.5) C
IVIL INFRACTIONS, AS DESCRIBED IN SECTION 16-2.3-101;
(5) Except in class A and class B traffic infraction matters
AND CIVIL
INFRACTION MATTERS
, before a county court magistrate may hear any
matter, all parties thereto
shall have waived, on the record, their right to
proceed before a county judge. If any party fails to waive such right, or
objects to the magistrate, that party's case shall
MUST be rereferred to a
county judge.
(6) Magistrates, when handling county court matters, and class A
and class B traffic infraction matters,
AND CIVIL INFRACTION MATTERS, and
where the parties to such proceedings, other than traffic infraction matters,
shall
have waived their right to proceed before a county judge, shall have
all the jurisdiction and power of a county judge, and their orders and
judgments shall be
ARE those of the county court.
PAGE 10-HOUSE BILL 22-1229 (8) The duties, qualifications, compensation, conditions of
employment, and other administrative details concerning magistrates who
hear traffic infraction matters
AND CIVIL INFRACTION MATTERS not set forth
in this part 5 shall be ARE established in accordance with the provisions of
PURSUANT TO section 13-3-105.
(9) The supreme court shall adopt such rules and regulations as it
deems necessary or proper to carry out the provisions of this part 5 relating
to traffic infraction matters
AND CIVIL INFRACTION MATTERS, including, but
not limited to, procedural matters.
SECTION 5. In Colorado Revised Statutes, amend 13-6-502 as
follows:
13-6-502. Jury trials. Notwithstanding the provisions of
section
16-10-109 C.R.S., or any other provision of law, the right to a jury trial shall
not be IS NOT available at a hearing before a magistrate where WHEN the
cited person is charged with a class A or a class B traffic infraction
OR CIVIL
INFRACTION
.
SECTION 6. In Colorado Revised Statutes, amend 13-6-503 as
follows:
13-6-503. Evidence offered by officer. At any hearing on a class
A or class B traffic infraction
OR CIVIL INFRACTION, the officer who issued
the citation
OR PENALTY ASSESSMENT NOTICE shall offer evidence of the
facts concerning the alleged infraction either in person or by affidavit, as
such affidavit may be established by rules adopted by the supreme court
pursuant to section 13-6-501 (9). If such
THE officer appears personally, the
magistrate and the cited person may then examine such THE officer. The
cited party shall have HAS the right to call the officer by subpoena as in the
case of other civil matters.
SECTION 7. In Colorado Revised Statutes, 13-80-103, add (1)(i)
as follows:
13-80-103. General limitation of actions - one year. (1) The
following civil actions, regardless of the theory upon which suit is brought,
or against whom suit is brought, shall be commenced within one year after
the cause of action accrues, and not thereafter:
PAGE 11-HOUSE BILL 22-1229 (i) ALL ACTIONS AGAINST A PERSON ALLEGING LIABILITY FOR A
PENALTY FOR COMMISSION OF A CIVIL INFRACTION
, AS DESCRIBED IN
SECTION
16-2.3-101.
SECTION 8. In Colorado Revised Statutes, 13-80-108, add (11.5)
as follows:
13-80-108. When a cause of action accrues. (11.5)
A CAUSE OF
ACTION FOR A PENALTY FOR COMMISSION OF A CIVIL INFRACTION
, AS
DESCRIBED IN SECTION
16-2.3-101, IS DEEMED TO ACCRUE ON THE DATE THE
CIVIL INFRACTION WAS COMMITTED
.
SECTION 9. In Colorado Revised Statutes, amend as it will
become effective March 1, 2022, 16-2-104 as follows:
16-2-104. Issuance of summons and complaint. A summons and
complaint may be issued by any peace officer for an offense constituting a
misdemeanor or a petty offense or a civil infraction
committed in the peace
officer's presence or, if not committed in the peace officer's presence, which
THAT the peace officer has probable cause to believe was committed and
probable cause to believe was committed by the person charged. Except for
penalty assessment notices, which shall
MUST be handled according to
PURSUANT TO the procedures set forth in section 16-2-201 OR 16-2.3-102,
a copy of a summons and complaint so issued shall MUST be filed
immediately with the county court before which appearance is required, and
a second copy shall
MUST be given to the district attorney or deputy district
attorney for the county.
SECTION 10. In Colorado Revised Statutes, amend as it will
become effective March 1, 2022, 16-2-109 as follows:
16-2-109. Service of summons. A summons issued by the county
court in a prosecution for a misdemeanor or petty offense or civil infraction
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
MUST be complete upon the return of the
receipt signed by the defendant. Personal service shall MUST be made by
PAGE 12-HOUSE BILL 22-1229 any disinterested party over the age of eighteen years.
SECTION 11. In Colorado Revised Statutes, 16-2-201, amend as
it will become effective March 1, 2022, (1) as follows:
16-2-201. Penalty assessment notice procedure. (1) When a
person is arrested for a civil infraction, the arresting officer may give the
person a penalty assessment notice
PURSUANT TO SECTION 16-2.3-102 and
release the person upon its terms.
SECTION 12. In Colorado Revised Statutes, 16-4-113, amend as
it will become effective March 1, 2022, (1) introductory portion as
follows:
16-4-113. Type of bond in certain misdemeanor cases. (1) In
exercising the discretion mentioned in section 16-4-104, the judge shall
release the accused person upon personal recognizance if the charge is any
unclassified
offense for a violation of which the maximum penalty does not
exceed six months' imprisonment, and he or she THE ACCUSED PERSON shall
not be required to supply a surety bond, or give security of any kind for his
or her THEIR appearance for trial other than his or her THEIR personal
recognizance, unless one or more of the following facts are found to be
present:
SECTION 13. In Colorado Revised Statutes, 16-5-401, amend as
it will become effective March 1, 2022, (1)(a) as follows:
16-5-401. Limitation for commencing criminal proceedings, civil
infraction proceedings, and juvenile delinquency proceedings -
definitions. (1) (a) Except as otherwise provided by statute applicable to
specific offenses, delinquent acts, or circumstances, no adult person or
juvenile shall be prosecuted, tried, or punished for any offense or delinquent
act unless the indictment, information, complaint, or petition in delinquency
is filed in a court of competent jurisdiction or a summons and complaint or
penalty assessment notice is served upon the defendant or juvenile within
the period of time after the commission of the offense or delinquent act as
specified below:
Murder, kidnapping, treason, any sex offense against
PAGE 13-HOUSE BILL 22-1229 a child, and any forgery regardless of the penalty
provided: No limit
Attempt, conspiracy, or solicitation to commit murder;
attempt, conspiracy, or solicitation to commit
kidnapping; attempt, conspiracy, or solicitation to
commit treason; attempt, conspiracy, or solicitation
to commit any sex offense against a child; and
attempt, conspiracy, or solicitation to commit any
forgery regardless of the penalty provided: No limit
Vehicular homicide, except as described in subsection
(1)(a.5) of this section; leaving the scene of an
accident that resulted in the death of a person: Five years
Other felonies: Three years
Misdemeanors: Eighteen months
Class 1 and 2 misdemeanor traffic offenses: One year
Petty offenses: and civil infractions:
Six months
SECTION 14. In Colorado Revised Statutes, amend 16-10-101 as
follows:
16-10-101. Jury trials - statement of policy. The right of a person
who is accused of an offense other than a noncriminal traffic infraction or
offense,
CIVIL INFRACTION, or OFFENSE other than a municipal charter,
municipal ordinance, or county ordinance violation as provided in section
16-10-109 (1), to have a trial by jury is inviolate and a matter of substantive
PAGE 14-HOUSE BILL 22-1229 due process of law as distinguished from one of "practice and procedure".
The people shall also have the right to refuse to consent to a waiver of a
trial or sentencing determination by jury in all cases in which the accused
has the right to request a trial or sentencing determination by jury.
SECTION 15. In Colorado Revised Statutes, 17-26-109, amend
(1)(b)(I) as follows:
17-26-109. Deductions of time - record keeping - forfeitures -
definition - repeal. (1) Every person who is sentenced to and imprisoned
in any county jail of this state who performs faithfully the duties assigned
to him or her and conducts himself or herself in accordance with the rules
of the jail earns deductions from the time of his or her sentence as follows:
(b) In addition to the deduction described in subsection (1)(a) of this
section, an inmate may receive a three-day deduction for each thirty days on
his or her sentence if he or she:
(I) S
UCCESSFULLY COMPLETES A DESIGNATED PROGRAM OR
EDUCATIONAL ACTIVITY WITHIN THE JAIL OR
is designated by the county
sheriff as a trusty prisoner;
SECTION 16. In Colorado Revised Statutes, 18-1-104, amend as
it will become effective March 1, 2022, (2) as follows:
18-1-104. "Offense" defined - offenses classified - common-law
crimes abolished. (2) Each offense falls into one of eleven
NINE classes,
one of six drug offense levels, or one unclassified category. There are six
classes of felonies as described in section 18-1.3-401 and four levels of
drug felonies as described in section 18-1.3-401.5, two classes of
misdemeanors as described in section 18-1.3-501 and two levels of drug
misdemeanors as described in section 18-1.3-501, petty offenses as
described in section 18-1.3-503, civil infractions as described in section
18-1.3-503, and the category of drug petty offense as described in section
18-1.3-501 (1)(e).
SECTION 17. In Colorado Revised Statutes, 18-1-1001, amend (1)
as follows:
18-1-1001. Protection order against defendant - definitions.
PAGE 15-HOUSE BILL 22-1229 (1) There is hereby created a mandatory protection order against any person
charged with a
CRIMINAL violation of any of the provisions of this titleTITLE 18, which order shall remain REMAINS in effect from the time that the
person is advised of his or her THE PERSON'S rights at arraignment or the
person's first appearance before the court and informed of such order until
final disposition of the action. Such order shall restrain
RESTRAINS the
person charged from harassing, molesting, intimidating, retaliating against,
or tampering with any witness to or victim of the acts charged. The
protection order issued pursuant to this section shall
MUST be on a
standardized form prescribed by the judicial department, and a copy shall
be provided to the protected parties.
SECTION 18. In Colorado Revised Statutes, 18-1.3-503, amend
as it will become effective March 1, 2022, (1.6) as follows:
18-1.3-503. Petty offense and civil infraction classified -
penalties. (1.6) (a) For offenses committed on or after March 1, 2022, a
violation of a statute of this state is a civil infraction if specifically
classified as a civil infraction. The penalty for commission of a civil
infraction, upon conviction, is a fine of not more than one hundred dollars,
unless otherwise provided by statute. A
CIVIL INFRACTION CONSTITUTES A
CIVIL MATTER
.
(b) A peace officer may apply the penalty assessment
NOTICE
procedure in section 16-2-201
SECTION 16-2.3-102 for the payment of a fine
in a civil infraction case.
SECTION 19. In Colorado Revised Statutes, 18-1.3-603, amend
as it will become effective March 1, 2022, (1) introductory portion as
follows:
18-1.3-603. Assessment of restitution - corrective orders.
(1) Every order of conviction of a felony, misdemeanor, petty offense, civil
infraction, or traffic misdemeanor offense, except any order of conviction
for a state traffic misdemeanor offense issued by a municipal or county
court in which the prosecuting attorney is acting as a special deputy district
attorney pursuant to an agreement with the district attorney's office, shall
include consideration of restitution. Each such order shall include one or
more of the following:
PAGE 16-HOUSE BILL 22-1229 SECTION 20. In Colorado Revised Statutes, 18-3-204, amend (3)
as follows:
18-3-204. Assault in the third degree. (3) Assault in the third
degree is a class 1 misdemeanor. and is an extraordinary risk crime that is
subject to the modified sentencing range specified in section 18-1.3-501 (3).
SECTION 21. In Colorado Revised Statutes, 18-3-405.6, amend
(2)(a) as follows:
18-3-405.6. Invasion of privacy for sexual gratification.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2)
SUBSECTION (2)(b) OF THIS SECTION, invasion of privacy for sexual
gratification is a class 1 misdemeanor. and is an extraordinary risk crime
subject to the modified sentencing range specified in section 18-1.3-501 (3).
SECTION 22. In Colorado Revised Statutes, 18-3-412.5, amend
(3)(a) as follows:
18-3-412.5. Failure to register as a sex offender. (3) (a) Failure
to register as a sex offender is a class 1 misdemeanor if the person was
convicted of misdemeanor unlawful sexual behavior, or of another offense,
the underlying factual basis of which involves misdemeanor unlawful
sexual behavior, or if the person received a disposition or was adjudicated
for an offense that would constitute misdemeanor unlawful sexual behavior
if committed by an adult, or for another offense, the underlying factual basis
of which involves misdemeanor unlawful sexual behavior. A class 1
misdemeanor conviction pursuant to this subsection (3) is an extraordinary
risk crime that is subject to the modified sentencing range specified in
section 18-1.3-501 (3).
SECTION 23. In Colorado Revised Statutes, 18-4-401, amend as
it will become effective March 1, 2022, (1) introductory portion as
follows:
18-4-401. Theft - repeal. (1) A person commits theft when he or
she knowingly obtains, retains, or exercises control over anything of value
of another without authorization or by threat or deception; receives, loans
money by pawn or pledge on, or disposes of anything of value or belonging
to another that he or she knows or believes to have been stolen, or procures
PAGE 17-HOUSE BILL 22-1229 food or accommodations from a public establishment without making
payment therefore, and:
SECTION 24. In Colorado Revised Statutes, amend as it will
become effective March 1, 2022, 18-4-416 as follows:
18-4-416. Theft by resale of a lift ticket or coupon. Any
unauthorized person who, with the intent to profit therefrom, resells or
offers to resell any ticket, pass, badge, pin, coupon, or other device which
THAT then entitles the bearer to the use, benefit, or enjoyment of any skiing
service or skiing facility commits a civil infraction. The penalty of a
violation of this section shall be a fine in an amount not to exceed three
hundred dollars. Under no circumstances shall A PEACE OFFICER MUST NOT,
UNDER ANY CIRCUMSTANCES , ARREST a person being charged with this civil
infraction be arrested by any peace officer, and a summons to the
appropriate court of jurisdiction shall MUST be issued to the accused person.
SECTION 25. In Colorado Revised Statutes, 18-4-511, add (8) as
follows:
18-4-511. Littering of public or private property - repeal.
(8) A
NY TIME A PERSON IS CHARGED WITH COMMITTING LITTERING , THE
PEACE OFFICER SHALL ISSUE A SUMMONS AND COMPLAINT FOR THE PERSON
'S
APPEARANCE IN COURT
. NOTWITHSTANDING SECTION 16-2.3-102, A PEACE
OFFICER SHALL NOT ISSUE A PENALTY ASSESSMENT FOR LITTERING
.
SECTION 26. In Colorado Revised Statutes, 18-6-803.5, repeal
(2)(a.5) as follows:
18-6-803.5. Crime of violation of a protection order - penalty -
peace officers' duties - definitions. (2) (a.5) A second or subsequent
violation of a protection order is an extraordinary risk crime that is subject
to the modified sentencing range specified in section 18-1.3-501 (3).
SECTION 27. In Colorado Revised Statutes, 18-8-102, amend (3)
as follows:
18-8-102. Obstructing government operations. (3) Obstructing
government operations is a class 3 misdemeanor CLASS 2 MISDEMEANOR.
PAGE 18-HOUSE BILL 22-1229 SECTION 28. In Colorado Revised Statutes, 24-4.1-119, add (1)(g)
as follows:
24-4.1-119. Costs and surcharges levied on criminal actions and
traffic offenses. (1) (g) (I) A
SURCHARGE OF EIGHT DOLLARS IS LEVIED
AGAINST EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL INFRACTION
PURSUANT TO SECTION
16-2.3-101. THE CLERK OF THE COURT SHALL
TRANSMIT ALL MONEY COLLECTED TO THE COURT ADMINISTRATOR OF THE
JUDICIAL DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO
THE CRIME VICTIM COMPENSATION FUND ESTABLISHED IN THAT JUDICIAL
DISTRICT
.
(II)
THE SURCHARGES LEVIED PURSUANT TO THIS SUBSECTION (1)(g)
ARE SEPARATE AND DISTINCT FROM SURCHARGES LEVIED PURSUANT TO
SECTION
24-4.2-104 FOR THE VICTIMS AND WITNESSES ASSISTANCE AND LAW
ENFORCEMENT FUND
.
SECTION 29. In Colorado Revised Statutes, 24-4.2-104, add
(1)(b)(III) as follows:
24-4.2-104. Surcharges levied on criminal actions and traffic
offenses. (1) (b) (III) A
SURCHARGE OF EIGHT DOLLARS IS LEVIED AGAINST
EACH PENALTY IMPOSED FOR VIOLATION OF A CIVIL INFRACTION PURSUANT
TO SECTION
16-2.3-101. THE CLERK OF THE COURT SHALL TRANSMIT ALL
MONEY COLLECTED TO THE COURT ADMINISTRATOR OF THE JUDICIAL
DEPARTMENT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO THE VICTIMS
AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND ESTABLISHED IN
THAT JUDICIAL DISTRICT
.
SECTION 30. In Colorado Revised Statutes, 24-33.5-415.6, add
(10) and (11) as follows:
24-33.5-415.6. Offender identification - fund. (10) A
SURCHARGE
OF TWO DOLLARS AND FIFTY CENTS IS LEVIED AGAINST EACH CIVIL ACTION
RESULTING IN AN ADMISSION OF LIABILITY OR A JUDGMENT AGAINST THE
DEFENDANT FOR A CIVIL INFRACTION CHARGED PURS UANT TO STATE
STATUTE
. THE DEFENDANT SHALL PAY THE SURCHARGE TO THE CLERK OF
THE COURT
. EACH CLERK SHALL TRANSMIT THE MONEY TO THE STATE
TREASURER
, WHO SHALL CREDIT THE SAME TO THE FUND .
PAGE 19-HOUSE BILL 22-1229 (11) A SURCHARGE OF TWO DOLLARS AND FIFTY CENTS IS LEVIED
AGAINST EACH PENALTY ASSESSMENT NOTICE ISSUED PURS UANT TO SECTION
16-2.3-102 FOR A CIVIL INFRACTION PURSUANT TO STATE STATUTE THAT
RESULTS IN PAYMENT OF THE PENALTY ASSESSMENT WITHOUT THE
COMMENCEMENT OF A CIVIL ACTION
. ALL MONEY COLLECTED BY THE CLERK
OF THE COURT PURSUANT TO THIS SUBSECTION
(11) SHALL BE TRANSMITTED
TO THE STATE TREASURER
, WHO SHALL CREDIT THE SAME TO THE FUND .
SECTION 31. In Colorado Revised Statutes, 25-4-414, amend as
it will become effective March 1, 2022, (1) as follows:
25-4-414. Penalties. (1) A health-care provider, laboratory
employee, or other person who is required to make a report pursuant to
section 25-4-405 and who fails to make such a report commits a civil
infraction and, upon conviction, shall be punished by a fine of not more
than three ONE hundred dollars.
SECTION 32. In Colorado Revised Statutes, 26-2-306, amend (3)
as follows:
26-2-306. Trafficking in food stamps. (3) When a person commits
the offense of trafficking in food stamps twice or more within a period of
six months, two or more of the offenses may be aggregated and charged in
a single count, in which event the offenses so aggregated and charged shall
constitute a single offense. and, if the aggregate value of the food stamps
involved is one thousand dollars or more but less than twenty thousand
dollars, it is a class 4 felony; however, if the aggregate value of the food
stamps involved is twenty thousand dollars or more, it is a class 3 felony.
SECTION 33. In Colorado Revised Statutes, 33-6-104, amend
(2)(a)(I) as follows:
33-6-104. Imposition of penalty - procedures. (2) (a) (I) At the
time that a person is charged with violating any misdemeanor
OR CIVIL
INFRACTION
provisions of articles 1 to 6 of this title 33 or a rule of the
commission, the officer shall issue a summons and complaint to the alleged
offender or, in the case of a violation for which a fine of a fixed amount is
prescribed, may give the alleged offender an opportunity to voluntarily pay
the fine and surcharge in the form of a penalty assessment.
PAGE 20-HOUSE BILL 22-1229 SECTION 34. In Colorado Revised Statutes, 33-10.5-105, amend
(2)(a.5) as follows:
33-10.5-105. Prohibition of aquatic nuisance species - rules -
penalties. (2) (a.5) A person who knowingly or willfully violates
subsection (1)(e) of this section commits a civil infraction and, upon entry
of judgment, shall be fined one hundred dollars. When a person is charged
with knowingly or willfully violating subsection (1)(e) of this section, the
officer shall give a penalty assessment notice to the defendant and follow
the procedures in section 33-15-102 (2). If the fine and surcharge are not
timely paid, the case shall be heard in the court of competent jurisdiction
prescribed on the penalty assessment notice in the manner provided for in
article 4 of title 42 for the prosecution of traffic infractions.
SECTION 35. In Colorado Revised Statutes, 33-13-108.1, amend
as it will become effective March 1, 2022, (1)(a) introductory portion as
follows:
33-13-108.1. Operating a vessel while under the influence -
definitions. (1) (a) It is a violation MISDEMEANOR for any person to
operate or be in actual physical control of a motorized, wind-powered, or
flying vessel in this state while:
SECTION 36. In Colorado Revised Statutes, 42-2-138, amend as
it will become effective March 1, 2022, (1)(d)(I) as follows:
42-2-138. Driving under restraint - penalty - definitions.
(1) (d) (I) A person who drives a motor vehicle or off-highway vehicle
upon any highway of this state with knowledge that the person's license or
privilege to drive, either as a resident or nonresident, is restrained under
section 42-2-126 (3), is restrained solely or partially because of a conviction
of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely
or partially because of an alcohol-related driving offense commits a class
2 misdemeanor traffic offense. Upon a second or subsequent conviction, the
person shall be punished by a fine of not less than five hundred dollars nor
more than three thousand dollars. The minimum county jail sentence
imposed by this subsection (1)(d)(I) shall be mandatory, and the court shall
not grant probation or a suspended sentence thereof; but, in a case where the
defendant is convicted although the defendant established that the defendant
had to drive the motor vehicle in violation of this subsection (1)(d)(I)
PAGE 21-HOUSE BILL 22-1229 because of an emergency, the mandatory jail sentence, if any, shall not
apply, and, for a first conviction, the court may impose a sentence of
imprisonment in the county jail for a period of not more than one year and,
in the discretion of the court, a fine of not more than one thousand dollars,
and, for a second or subsequent conviction, the court may impose a sentence
of imprisonment in the county jail for a period of not more than two years
and, in the discretion of the court, a fine of not more than three thousand
dollars.
SECTION 37. In Colorado Revised Statutes, 42-4-1301, amend
(1)(a), (1)(b), and (2)(a) as they will become effective March 1, 2022, as
follows:
42-4-1301. Driving under the influence - driving while impaired
- driving with excessive alcoholic content - definitions - penalties.
(1) (a) A person who drives a motor vehicle or vehicle under the influence
of alcohol or one or more drugs, or a combination of both alcohol and one
or more drugs, commits driving under the influence. Driving under the
influence is a traffic
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.
(b) A person who drives a motor vehicle or vehicle while impaired
by alcohol or by one or more drugs, or by a combination of alcohol and one
or more drugs, commits driving while ability impaired. Driving while ability
impaired is a traffic
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.
(2) (a) A person who drives a motor vehicle or vehicle when the
person's BAC is 0.08 or more at the time of driving or within two hours
after driving commits DUI per se. During a trial, if the state's evidence
raises the issue, or if a defendant presents some credible evidence, that the
defendant consumed alcohol between the time that the defendant stopped
driving and the time that testing occurred, such issue shall be an affirmative
defense, and the prosecution must establish beyond a reasonable doubt that
PAGE 22-HOUSE BILL 22-1229 the minimum 0.08 blood or breath alcohol content required in this
subsection (2)(a) was reached as a result of alcohol consumed by the
defendant before the defendant stopped driving. DUI per se is a traffic
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.
SECTION 38. In Colorado Revised Statutes, 42-4-1701, amend (1)
as follows:
42-4-1701. Traffic offenses and infractions classified - penalties
- penalty and surcharge schedule - repeal. (1) It is a traffic infraction for
any person to violate any of the provisions of articles 1 to 3 of this title
TITLE 42 and parts 1 to 3 and 5 to 19 of this article ARTICLE 4 unless such
violation is, by articles 1 to 3 of this title TITLE 42 and parts 1 to 3 and 5 to
19 of this article ARTICLE 4 or by any other law of this state, declared to be
a felony, misdemeanor, petty offense,
CIVIL INFRACTION, or misdemeanor
traffic offense. Such a traffic infraction shall constitute
CONSTITUTES a civil
matter.
SECTION 39. In Colorado Revised Statutes, repeal 42-4-1708.5.
SECTION 40. In Colorado Revised Statutes, 8-20.5-105, amend
as it will become effective March 1, 2022, (2) as follows:
8-20.5-105. Confidentiality. (2) Any person making such
confidential records available to any person or organization without
authorization from the affected operator or owner commits a petty offense
and shall be punished as provided in section 18-1.3-501
PURSUANT TO
SECTION
18-1.3-503.
SECTION 41. In Colorado Revised Statutes, 25-2-112, amend
(7)(a) as follows:
25-2-112. Certificates of birth - filing - establishment of
paternity - notice to collegeinvest. (7) The state registrar shall revise the
birth certificate worksheet form used for the preparation of a certificate of
live birth to include:
PAGE 23-HOUSE BILL 22-1229 (a) A statement that knowingly and intentionally misrepresenting
material information on the worksheet form used for the preparation of a
birth certificate is a misdemeanor
PETTY OFFENSE;
SECTION 42. In Colorado Revised Statutes, amend as it will
become effective March 1, 2022, 25.5-3-111 as follows:
25.5-3-111. Penalties. Any person who represents that any medical
service is reimbursable or subject to payment under PURSUANT TO this part
1 when he or she THE PERSON knows that it is not commits a petty offense.
and any ANY person who represents that he or she THE PERSON is eligible
for assistance under PURSUANT TO this part 1 when he or she THE PERSON
knows that he or she THE PERSON is not commits a class 2 misdemeanor and
shall be punished as provided in section 18-1.3-503.
SECTION 43. In Colorado Revised Statutes, amend as it will
become effective March 1, 2022, 42-2-310 as follows:
42-2-310. Violation. Any person who violates any of the provisions
of this part 3 commits a petty offense, as provided in section 18-1.3-501
PURSUANT TO SECTION 18-1.3-503.
SECTION 44. In Colorado Revised Statutes, 42-7-510, amend as
it will become effective March 1, 2022, (3) as follows:
42-7-510. Insurance or bond required. (3) Any person who
violates any provision of this section commits a class A traffic infraction.
If any violation of this section is committed on behalf of a partnership or
corporation, any director, officer, partner, or high managerial agent thereof
who authorized, ordered, permitted, or otherwise participated in, by
commission or omission, such violation is also a class 1
CLASS A traffic
infraction.
SECTION 45. In Colorado Revised Statutes, 43-5-308, amend as
it will become effective March 1, 2022, (1)(a) as follows:
43-5-308. Flagpersons - definition - penalty. (1) (a) A person
shall not fail or refuse to obey the visible instructions, signals, or direction
displayed or given by a flagperson. A person who violates this subsection
(1)(a) commits a
CLASS A traffic infraction.
PAGE 24-HOUSE BILL 22-1229 SECTION 46. Appropriation. For the 2021-22 state fiscal year,
$124,800 is appropriated to the judicial department. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation for information technology infrastructure. Any money
appropriated in this section not expended prior to July 1, 2022, is further
appropriated to the department for the 2022-23 state fiscal year for the same
purpose.
SECTION 47. Effective date - applicability. This act takes effect
March 1, 2022, and applies to offenses committed on or after that date;
except that section 16-2.3-102, Colorado Revised Statutes, as enacted in
section 1 of this act, takes effect on September 1, 2022.
SECTION 48. Safety clause. The general assembly hereby finds,
PAGE 25-HOUSE BILL 22-1229 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 26-HOUSE BILL 22-1229