SENATE BILL 23-028
BY SENATOR(S) Gonzales, Gardner, Priola;
also REPRESENTATIVE(S) Epps and Soper, Brown, Garcia, Herod,
Jodeh, Lindsay, Lynch, Mabrey, Ricks, Amabile, Sirota.
C
ONCERNING THE PENALTY FOR COMMITTING ANY OF CERTAIN OFFENSES
INVOLVING THE OPERATION OF A COMMERCIAL VEHICLE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-2-404, amend (3)
as follows:
42-2-404. Commercial driver's license - limitations - rules. (3) In
addition to any applicable federal penalty concerning commercial motor
vehicle operators, any person who violates subsection (1) or (2) of this
section, or any rule or regulation promulgated by the department pursuant
to this part 4, is guilty of
COMMITS a class A traffic infraction. and, upon
conviction thereof, shall be punished by a fine of not less than twenty-five
dollars nor more than one thousand dollars, or by imprisonment in the
county jail for not more than one year, or by both such fine and
imprisonment.
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. SECTION 2. In Colorado Revised Statutes, 42-4-1701, amend
(4)(a)(I)(A) as follows:
42-4-1701. Traffic offenses and infractions classified - penalties
- penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided
in subsection (5)(c) of this section, every person who is convicted of, who
admits liability for, or against whom a judgment is entered for a violation
of this title 42 to which subsection (5)(a) or (5)(b) of this section applies
shall be fined or penalized and have a surcharge levied in accordance with
sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the
penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to
(4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the
schedule, the penalty for class A and class B traffic infractions is fifteen
dollars, and the surcharge is four dollars. These penalties and surcharges
apply whether the defendant acknowledges the defendant's guilt or liability
in accordance with the procedure set forth by subsection (5)(a) of this
section, is found guilty by a court of competent jurisdiction, or has
judgment entered against the defendant by a county court magistrate.
Penalties and surcharges for violating specific sections are as follows:
Section Violated Penalty Surcharge
(A) Drivers' license violations:
42-2-101 $ 35.00 $ 10.00
42-2-101 (2), (3), or (5) 15.00 6.00
42-2-103 15.00 6.00
42-2-105 70.00 10.00
42-2-105.5 (4) 65.00 10.00
42-2-106 70.00 10.00
42-2-115 35.00 10.00
42-2-116 (6)(a) 30.00 6.00
42-2-119 15.00 6.00
42-2-134 35.00 10.00
42-2-136 35.00 10.00
42-2-138 100.00 15.00
42-2-139 35.00 10.00
42-2-140 35.00 10.00
42-2-141 35.00 10.00
42-2-204 70.00 10.00
42-2-404
100.00 15.00
PAGE 2-SENATE BILL 23-028 SECTION 3. Applicability. This act applies to offenses committed
on or after the effective date of this act.
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-SENATE BILL 23-028