Colorado 2023 Regular Session

Colorado Senate Bill SB028 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0651.01 Josh Schultz x5486
1	8		SENATE BILL 23-028
2		-	~~BY SENATOR(S) Gonzales,~~ ~~Gardner, Priola;~~
3		-	~~also REPRESENTATIVE(S) Epps and Soper, Brown, Garcia, Herod,~~
4		-	~~Jodeh, Lindsay,~~ ~~Lynch, Mabrey,~~ ~~Ricks, Amabile, Sirota.~~
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING THE PENALTY FOR COMMITTING ANY OF CERTAIN OFFENSES
7		-	INVOLVING THE OPERATION OF A COMMERCIAL VEHICLE
8		-	.
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, 42-2-404, amend (3)
12		-	as follows:
13		-	42-2-404. Commercial driver's license - limitations - rules. (3) In
14		-	addition to any applicable federal penalty concerning commercial motor
15		-	vehicle operators, any person who violates subsection (1) or (2) of this
16		-	section, or any rule or regulation promulgated by the department pursuant
17		-	to this part 4, is guilty of
18		-	COMMITS a class A traffic infraction. and, upon
19		-	conviction thereof, shall be punished by a fine of not less than twenty-five
20		-	dollars nor more than one thousand dollars, or by imprisonment in the
21		-	county jail for not more than one year, or by both such fine and
22		-	imprisonment.
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. SECTION 2. In Colorado Revised Statutes, 42-4-1701, amend
31		-	(4)(a)(I)(A) as follows:
32		-	42-4-1701. Traffic offenses and infractions classified - penalties
33		-	- penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided
34		-	in subsection (5)(c) of this section, every person who is convicted of, who
35		-	admits liability for, or against whom a judgment is entered for a violation
36		-	of this title 42 to which subsection (5)(a) or (5)(b) of this section applies
37		-	shall be fined or penalized and have a surcharge levied in accordance with
38		-	sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the
39		-	penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to
40		-	(4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the
41		-	schedule, the penalty for class A and class B traffic infractions is fifteen
42		-	dollars, and the surcharge is four dollars. These penalties and surcharges
43		-	apply whether the defendant acknowledges the defendant's guilt or liability
44		-	in accordance with the procedure set forth by subsection (5)(a) of this
45		-	section, is found guilty by a court of competent jurisdiction, or has
46		-	judgment entered against the defendant by a county court magistrate.
47		-	Penalties and surcharges for violating specific sections are as follows:
48		-	Section Violated Penalty Surcharge
49		-	(A) Drivers' license violations:
50		-	42-2-101 $ 35.00 $ 10.00
51		-	42-2-101 (2), (3), or (5) 15.00 6.00
52		-	42-2-103 15.00 6.00
53		-	42-2-105 70.00 10.00
54		-	42-2-105.5 (4) 65.00 10.00
55		-	42-2-106 70.00 10.00
56		-	42-2-115 35.00 10.00
57		-	42-2-116 (6)(a) 30.00 6.00
58		-	42-2-119 15.00 6.00
59		-	42-2-134 35.00 10.00
60		-	42-2-136 35.00 10.00
61		-	42-2-138 100.00 15.00
62		-	42-2-139 35.00 10.00
63		-	42-2-140 35.00 10.00
64		-	42-2-141 35.00 10.00
65		-	42-2-204 70.00 10.00
66		-	42-2-404
67		-	100.00 15.00
68		-	PAGE 2-SENATE BILL 23-028 SECTION 3. Applicability. This act applies to offenses committed
69		-	on or after the effective date of this act.
70		-	SECTION 4. Safety clause. The general assembly hereby finds,
71		-	determines, and declares that this act is necessary for the immediate
72		-	preservation of the public peace, health, or safety.
73		-	____________________________ ____________________________
74		-	Steve Fenberg
75		-	Julie McCluskie
76		-	PRESIDENT OF SPEAKER OF THE HOUSE
77		-	THE SENATE OF REPRESENTATIVES
78		-	____________________________ ____________________________
79		-	Cindi L. Markwell Robin Jones
80		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
81		-	THE SENATE OF REPRESENTATIVES
82		-	APPROVED________________________________________
83		-	(Date and Time)
84		-	_________________________________________
85		-	Jared S. Polis
86		-	GOVERNOR OF THE STATE OF COLORADO
87		-	PAGE 3-SENATE BILL 23-028
	13	+	ONCERNING THE PENALTY FOR COMMITTING ANY OF CERTAIN101
	14	+	OFFENSES INVOLVING THE OPERATION OF A COMMERCIAL102
	15	+	VEHICLE.103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	In 2021, Senate Bill 21-271 adjusted misdemeanor penalties for a
	24	+	variety of offenses described in the Colorado Revised Statutes, including
	25	+	the penalty for certain offenses involving the operation of a commercial
	26	+	vehicle. This penalty was changed from a misdemeanor to a class A
	27	+	traffic infraction. However, despite making this change, Senate Bill
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	March 7, 2023
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	March 6, 2023
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	February 22, 2023
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	February 21, 2023
	40	+	SENATE SPONSORSHIP
	41	+	Gonzales, Gardner, Priola
	42	+	HOUSE SPONSORSHIP
	43	+	Epps and Soper, Brown, Garcia, Herod, Jodeh, Lindsay, Lynch, Mabrey, Ricks
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. 21-271 retained certain language that describes the punishment for the
	47	+	former misdemeanor offense.
	48	+	The bill clarifies that the penalty for the described offenses
	49	+	involving a commercial vehicle is $100, to be accompanied by a $15
	50	+	surcharge.
	51	+	Be it enacted by the General Assembly of the State of Colorado:1
	52	+	SECTION 1. In Colorado Revised Statutes, 42-2-404, amend (3)2
	53	+	as follows:3
	54	+	42-2-404. Commercial driver's license - limitations - rules.4
	55	+	(3) In addition to any applicable federal penalty concerning commercial5
	56	+	motor vehicle operators, any person who violates subsection (1) or (2) of6
	57	+	this section, or any rule or regulation promulgated by the department7
	58	+	pursuant to this part 4, is guilty of COMMITS a class A traffic infraction.8
	59	+	and, upon conviction thereof, shall be punished by a fine of not less than9
	60	+	twenty-five dollars nor more than one thousand dollars, or by10
	61	+	imprisonment in the county jail for not more than one year, or by both11
	62	+	such fine and imprisonment.12
	63	+	SECTION 2. In Colorado Revised Statutes, 42-4-1701, amend13
	64	+	(4)(a)(I)(A) as follows:14
	65	+	42-4-1701. Traffic offenses and infractions classified -15
	66	+	penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except16
	67	+	as provided in subsection (5)(c) of this section, every person who is17
	68	+	convicted of, who admits liability for, or against whom a judgment is18
	69	+	entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)19
	70	+	of this section applies shall be fined or penalized and have a surcharge20
	71	+	levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10421
	72	+	(1)(b)(I), in accordance with the penalty and surcharge schedule set forth22
	73	+	in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty23
	74	+	028-2- or surcharge is specified in the schedule, the penalty for class A and class1
	75	+	B traffic infractions is fifteen dollars, and the surcharge is four dollars.2
	76	+	These penalties and surcharges apply whether the defendant3
	77	+	acknowledges the defendant's guilt or liability in accordance with the4
	78	+	procedure set forth by subsection (5)(a) of this section, is found guilty by5
	79	+	a court of competent jurisdiction, or has judgment entered against the6
	80	+	defendant by a county court magistrate. Penalties and surcharges for7
	81	+	violating specific sections are as follows:8
	82	+	Section Violated Penalty Surcharge9
	83	+	(A) Drivers' license violations:10
	84	+	42-2-101 $ 35.00 $ 10.0011
	85	+	42-2-101 (2), (3), or (5) 15.00 6.0012
	86	+	42-2-103 15.00 6.0013
	87	+	42-2-105 70.00 10.0014
	88	+	42-2-105.5 (4) 65.00 10.0015
	89	+	42-2-106 70.00 10.0016
	90	+	42-2-115 35.00 10.0017
	91	+	42-2-116 (6)(a) 30.00 6.0018
	92	+	42-2-119 15.00 6.0019
	93	+	42-2-134 35.00 10.0020
	94	+	42-2-136 35.00 10.0021
	95	+	42-2-138 100.00 15.0022
	96	+	42-2-139 35.00 10.0023
	97	+	42-2-140 35.00 10.0024
	98	+	42-2-141 35.00 10.0025
	99	+	42-2-204 70.00 10.0026
	100	+	42-2-404 100.00 15.0027
	101	+	028
	102	+	-3- 1
	103	+	SECTION 3. Applicability. This act applies to offenses2
	104	+	committed on or after the effective date of this act.3
	105	+	SECTION 4. Safety clause. The general assembly hereby finds,4
	106	+	determines, and declares that this act is necessary for the immediate5
	107	+	preservation of the public peace, health, or safety.6
	108	+	028
	109	+	-4-