First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0651.01 Josh Schultz x5486
SENATE BILL 23-028
Senate Committees House Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING THE PENALTY FOR COMMITTING ANY OF CERTAIN101
OFFENSES INVOLVING THE OPERATION OF A COMMERCIAL102
VEHICLE.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
In 2021, Senate Bill 21-271 adjusted misdemeanor penalties for a
variety of offenses described in the Colorado Revised Statutes, including
the penalty for certain offenses involving the operation of a commercial
vehicle. This penalty was changed from a misdemeanor to a class A
traffic infraction. However, despite making this change, Senate Bill
HOUSE
Amended 2nd Reading
March 6, 2023
SENATE
3rd Reading Unamended
February 22, 2023
SENATE
Amended 2nd Reading
February 21, 2023
SENATE SPONSORSHIP
Gonzales, Gardner, Priola
HOUSE SPONSORSHIP
Epps and Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 21-271 retained certain language that describes the punishment for the
former misdemeanor offense.
The bill clarifies that the penalty for the described offenses
involving a commercial vehicle is $100, to be accompanied by a $15
surcharge.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-2-404, amend (3)2
as follows:3
42-2-404. Commercial driver's license - limitations - rules.4
(3) In addition to any applicable federal penalty concerning commercial5
motor vehicle operators, any person who violates subsection (1) or (2) of6
this section, or any rule or regulation promulgated by the department7
pursuant to this part 4, is guilty of COMMITS a class A traffic infraction.8
and, upon conviction thereof, shall be punished by a fine of not less than9
twenty-five dollars nor more than one thousand dollars, or by10
imprisonment in the county jail for not more than one year, or by both11
such fine and imprisonment.12
SECTION 2. In Colorado Revised Statutes, 42-4-1701, amend13
(4)(a)(I)(A) as follows:14
42-4-1701. Traffic offenses and infractions classified -15
penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except16
as provided in subsection (5)(c) of this section, every person who is17
convicted of, who admits liability for, or against whom a judgment is18
entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)19
of this section applies shall be fined or penalized and have a surcharge20
levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10421
(1)(b)(I), in accordance with the penalty and surcharge schedule set forth22
in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty23
028-2- or surcharge is specified in the schedule, the penalty for class A and class1
B traffic infractions is fifteen dollars, and the surcharge is four dollars.2
These penalties and surcharges apply whether the defendant3
acknowledges the defendant's guilt or liability in accordance with the4
procedure set forth by subsection (5)(a) of this section, is found guilty by5
a court of competent jurisdiction, or has judgment entered against the6
defendant by a county court magistrate. Penalties and surcharges for7
violating specific sections are as follows:8
Section Violated Penalty Surcharge9
(A) Drivers' license violations:10
42-2-101 $ 35.00 $ 10.0011
42-2-101 (2), (3), or (5) 15.00 6.0012
42-2-103 15.00 6.0013
42-2-105 70.00 10.0014
42-2-105.5 (4) 65.00 10.0015
42-2-106 70.00 10.0016
42-2-115 35.00 10.0017
42-2-116 (6)(a) 30.00 6.0018
42-2-119 15.00 6.0019
42-2-134 35.00 10.0020
42-2-136 35.00 10.0021
42-2-138 100.00 15.0022
42-2-139 35.00 10.0023
42-2-140 35.00 10.0024
42-2-141 35.00 10.0025
42-2-204 70.00 10.0026
42-2-404 100.00 15.0027
028
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SECTION 3. Applicability. This act applies to offenses2
committed on or after the effective date of this act.3
SECTION 4. Safety clause. The general assembly hereby finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety.6
028
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