First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0651.01 Josh Schultz x5486
SENATE BILL 23-028
Senate Committees House Committees
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
SENATE
Amended 2nd Reading
February 21, 2023
SENATE SPONSORSHIP
Gonzales,
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
penalty. (3) (a) In addition to any applicable federal penalty concerning5
commercial motor vehicle operators, any person who violates subsection6
(1) or (2) of this section, or any rule or regulation promulgated by the7
department pursuant to this part 4, is guilty of a class A traffic infraction8
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 CLASS 1 MISDEMEANOR TRAFFIC OFFENSE .12
(b) A
N EMPLOYER OR OFFICER OF OR AGENT OF AN EMPLOYER WHO
13
KNOWINGLY AUTHORIZES OR PERMITS AN EMPLOYEE TO VIOLATE14
SUBSECTION (1) OF THIS SECTION COMMITS UNLAWFUL DIRECTION TO15
OPERATE A COMMERCIAL MOTOR VEHICLE . UNLAWFUL DIRECTION TO16
OPERATE A COMMERCIAL MOTOR VEHICLE IS A CLASS 1 MISDEMEANOR AND17
SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-501; EXCEPT THAT A18
SECOND OR SUBSEQUENT OFFENSE IS A CLASS 5 FELONY AND SHALL BE19
PUNISHED AS PROVIDED IN SECTION 18-1.3-401.20
21
SECTION 2. Applicability. This act applies to offenses22
committed on or after the effective date of this act.23
028-2- SECTION 3. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
028
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