Second 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. 24-0743.01 Conrad Imel x2313
HOUSE BILL 24-1135
House Committees Senate Committees
Judiciary Judiciary
Finance Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING OFFENSES RELATED TO REQUIREMENTS FOR OPERATING101
A
VEHICLE, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.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
.)
Under existing law, it is a class A traffic infraction to operate a
commercial motor vehicle without a commercial driver's license, to
operate a commercial motor vehicle if the operator is under 21 years of
age, or to drive a commercial motor vehicle if the person has more than
one driver's license. The bill makes each a class 1 misdemeanor; except
SENATE
Amended 2nd Reading
May 3, 2024
HOUSE
3rd Reading Unamended
April 29, 2024
HOUSE
Amended 2nd Reading
April 26, 2024
HOUSE SPONSORSHIP
Soper and Snyder, Bird, Evans, Armagost, deGruy Kennedy, McCluskie
SENATE SPONSORSHIP
Roberts and Will, Hansen, Michaelson Jenet, Priola
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. that, if a person presents a valid commercial driver's license to the court
within 30 days, the offense is a class A traffic infraction.
The bill creates the offense of unlawful direction to operate a
commercial motor vehicle. An employer who knowingly authorizes or
permits an employee to operate a commercial motor vehicle without a
commercial driver's license, or permits an employee who is under 21
years of age to operate a commercial motor vehicle, commits unlawful
direction to operate a commercial motor vehicle, a class 1 misdemeanor
traffic offense.
The bill requires a driver to comply with a search warrant to
conduct a blood draw. Failure to comply with a warrant to conduct a
blood draw is a misdemeanor; except that it is a class 4 felony if the
violation occurred after 3 or more prior convictions, arising out of
separate and distinct criminal episodes, for driving under the influence
(DUI), DUI per se, or driving while ability impaired (collectively,
impaired driving offenses); vehicular homicide; vehicular assault; or any
combination thereof. A driver who fails to comply with a warrant to
conduct a blood draw is subject to the same criminal penalties as for DUI.
Under existing law, a person whose privilege to drive was revoked
for multiple convictions for any combination of impaired driving offenses
must have an interlock-restricted license for 2 to 5 years. The bill requires
a person whose privilege to drive was revoked following a conviction for
a DUI or DUI per se to hold an interlock-restricted license for at least:
! 2 years, if the DUI or DUI per se conviction is a second
conviction for any combination of impaired driving
offenses;
! 3 years, if the DUI or DUI per se conviction is a third
conviction for any combination of impaired driving
offenses; and
! 4 years, if the DUI or DUI per se conviction is a fourth
conviction for any combination of impaired driving
offenses.
Under existing law, a persistent drunk driver is required to hold the
interlock-restricted license for at least 2 years following reinstatement.
The bill requires a persistent drunk driver to hold an interlock-restricted
license for at least 3 years following a second violation for refusal to take
or complete a test for the purpose of determining the alcoholic content of
the driver's blood or breath upon a law enforcement officer's request.
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
1135-2- 42-2-404. Commercial driver's license - limitations - unlawful1
direction to operate a commercial motor vehicle - rules. (3) (a) In2
addition to any applicable federal penalty concerning commercial motor3
vehicle operators, any person who violates subsection (1) or (2) of this4
section, or any rule or regulation promulgated by the department pursuant5
to this part 4, commits a
CLASS 1 MISDEMEANOR TRAFFIC OFFENSE ;6
EXCEPT THAT, IF A PERSON WHO VIOLATES SUBSECTION (1) OR (2) OF THIS7
SECTION PRESENTS A VALID COMMERCIAL DRIVER 'S LICENSE TO THE COURT8
WITHIN THIRTY DAYS AFTER THE DATE OF THE VIOLATION OR AT THE9
PERSON'S FIRST SCHEDULED COURT APPEARANCE , THE PERSON, IF10
CONVICTED, IS GUILTY OF A class A traffic infraction.11
(b)
(I) AN EMPLOYER OR AN OFFICER OR AGENT OF AN EMPLOYER12
SHALL NOT AUTHORIZE OR PERMIT AN EMPLOYEE TO OPERATE A13
COMMERCIAL MOTOR VEHICLE IF THE EMPLOYER, OFFICER, OR AGENT14
KNOWS OR REASONABLY SHOULD KNOW THAT THE EMPLOYEE DOES NOT15
SATISFY THE REQUIREMENTS IN SUBSECTION (1) OF THIS SECTION TO16
OPERATE A COMMERCIAL MOTOR VEHICLE .17
(II) AN EMPLOYER, OFFICER, OR AGENT WHO VIOLATES18
SUBSECTION (3)(b)(I) OF THIS SECTION COMMITS UNLAWFUL19
DIRECTION TO OPERATE A COMMERCIAL MOTOR VEHICLE . UNLAWFUL20
DIRECTION TO OPERATE A COMMERCIAL MOTOR VEHICLE IS A CLASS 121
MISDEMEANOR TRAFFIC OFFENSE .22
23
SECTION 2. In Colorado Revised Statutes, 43-2-145, add (2.1),24
(2.2), and (2.3) as follows:25
43-2-145. Transportation legislation review - committee -26
definition - repeal. (2.1) (a) DURING THE 2024 LEGISLATIVE INTERIM,27
1135
-3- THE COMMITTEE SHALL ANALYZE THE ISSUE OF ENFORCEMENT OF1
IMPAIRED DRIVING OFFENSES, INCLUDING SITUATIONS INVOLVING A2
DRIVER WHO REFUSES TO TAKE OR COMPLETE A BLOOD OR BREATH TEST3
AS REQUIRED BY LAW.4
(b) THE COMMITTEE MAY REQUEST AND RECEIVE INPUT FROM THE5
COLORADO STATE PATROL AND THE COLORADO TASK FORCE ON DRUNK6
AND IMPAIRED DRIVING CREATED IN SECTION 42-4-1306 AND TAKE7
TESTIMONY FROM INTERESTED OR KNOWLEDGEABLE PEOPLE ABOUT THE8
ISSUE OF ENFORCEMENT OF IMPAIRED DRIVING OFFENSES AND MAY9
OTHERWISE RESEARCH THE ISSUE.10
(c) THE COMMITTEE MAY MAKE RECOMMENDATIONS CONCERNING11
THE ISSUE OF ENFORCEMENT OF IMPAIRED DRIVING OFFENSES DESCRIBED12
IN THIS SUBSECTION (2.1) TO THE GENERAL ASSEMBLY, AND, IF THE13
COMMITTEE RECOMMENDS LEGISLATION, THE LEGISLATION IS TREATED AS14
LEGISLATION RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE15
FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS16
IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY .17
(d) THIS SUBSECTION (2.1) IS REPEALED, EFFECTIVE JULY 1, 2025.18
(2.2) (a) D
URING THE 2024 LEGISLATIVE INTERIM, THE COMMITTEE
19
SHALL STUDY THE ISSUE OF CARELESS DRIVING , DESCRIBED IN SECTION20
42-4-1402,
THAT RESULTS IN ACCIDENTAL DEATH. THE COMMITTEE SHALL
21
STUDY THE FREQUENCY OF CARELESS DRIVING INCIDENTS THAT RESULT IN22
ACCIDENTAL DEATH AND WHETHER THE CURRENT POSSIBLE CIVIL AND23
CRIMINAL CHARGES, INCLUDING CHARGES THAT MAY BE BROUGHT IN24
ADDITION TO THOSE FOR CARELESS DRIVING, AND ASSOCIATED PENALTIES,25
ARE APPROPRIATE.26
(b) A
S PART OF ITS STUDY, THE COMMITTEE SHALL REQUEST INPUT
27
1135
-4- FROM COUNTY COURT JUDGES, THE COLORADO STATE PATROL, AND OTHER1
LAW ENFORCEMENT AGENCIES .2
(c) T
HE COMMITTEE MAY MAKE RECOMMENDATIONS TO THE
3
GENERAL ASSEMBLY CONCERNING CARELESS DRIVING INCIDENTS THAT4
RESULT IN ACCIDENTAL DEATH . IF THE COMMITTEE RECOMMENDS5
LEGISLATION, THE LEGISLATION IS TREATED AS LEGISLATION6
RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES7
OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE8
JOINT RULES OF THE GENERAL ASSEMBLY . IF THE COMMITTEE DOES NOT9
RECOMMEND LEGISLATION , THE COMMITTEE SHALL REPORT TO THE10
GENERAL ASSEMBLY, IN WRITING, THE FINDINGS OF ITS STUDY AND ANY11
RECOMMENDATIONS OF THE COMMITTEE . THE WRITTEN FINDINGS AND12
RECOMMENDATIONS MAY BE INCLUDED IN THE COMMITTEE 'S FINAL13
REPORT MADE FOLLOWING ITS WORK DURING THE 2024 LEGISLATIVE14
INTERIM.15
(d) T
HIS SUBSECTION (2.2) IS REPEALED, EFFECTIVE JULY 1, 2025.
16
(2.3) (a) DURING THE 2024 LEGISLATIVE INTERIM, THE17
COMMITTEE SHALL STUDY THE ISSUE OF THE APPROPRIATE PENALTY FOR18
FAILING TO MAINTAIN MOTOR VEHICLE OR LOW-POWERED SCOOTER19
INSURANCE AND PRESENT EVIDENCE OF INSURANCE TO A REQUESTING20
OFFICER, AS REQUIRED IN SECTION 42-4-1409. ANY REQUIREMENT TO21
MAINTAIN INSURANCE TO OPERATE A COMMERCIAL VEHICLE , AND THE22
PENALTY FOR NOT MAINTAINING COMMERCIAL VEHICLE INSURANCE, IS23
NOT WITHIN THE SCOPE OF THE STUDY REQUIRED IN THIS SUBSECTION24
(2.3).25
(b) AS PART OF ITS STUDY, THE COMMITTEE SHALL REQUEST INPUT26
FROM COUNTY COURT JUDGES, THE COLORADO STATE PATROL AND OTHER27
1135
-5- LAW ENFORCEMENT AGENCIES, THE COLORADO DISTRICT ATTORNEYS'1
COUNCIL, THE OFFICE OF STATE PUBLIC DEFENDER, PRIVATE ATTORNEYS2
WHO DEFEND PERSONS IN ACTIONS RELATED TO MAINTAINING MOTOR3
VEHICLE INSURANCE, VICTIMS OF PERSONS DRIVING WITHOUT INSURANCE ,4
PERSONS WHO WERE CONVICTED OF DRIVING WITHOUT INSURANCE , THE5
DEPARTMENT OF REVENUE , AND CRIMINAL JUSTICE REFORM6
ORGANIZATIONS IN COLORADO. UPON APPROVAL OF THE EXECUTIVE7
COMMITTEE OF THE LEGISLATIVE COUNCIL, THE COMMITTEE MAY HOLD8
HEARINGS AWAY FROM THE CAPITOL AS PART OF THE STUDY .9
(c) THE COMMITTEE MAY MAKE RECOMMENDATIONS TO THE10
GENERAL ASSEMBLY CONCERNING THE APPROPRIATE PENALTY FOR11
FAILING TO MAINTAIN INSURANCE AND PRESENT EVIDENCE OF INSURANCE12
TO A REQUESTING OFFICER. IF THE COMMITTEE RECOMMENDS13
LEGISLATION, THE LEGISLATION IS TREATED AS LEGISLATION14
RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES15
OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE16
JOINT RULES OF THE GENERAL ASSEMBLY. IF THE COMMITTEE DOES NOT17
RECOMMEND LEGISLATION, THE COMMITTEE SHALL REPORT TO THE18
GENERAL ASSEMBLY, IN WRITING, THE FINDINGS OF ITS STUDY AND ANY19
RECOMMENDATIONS OF THE COMMITTEE. THE WRITTEN FINDINGS AND20
RECOMMENDATIO NS MAY BE INCLUDED IN THE COMMITTEE 'S FINAL21
REPORT MADE FOLLOWING ITS WORK DURING THE 2024 LEGISLATIVE22
INTERIM.23
(d) THIS SUBSECTION (2.3) IS REPEALED, EFFECTIVE JULY 1, 2025. 24
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal25
year, $1,455 is appropriated to the department of revenue. This26
appropriation is from the Colorado DRIVES vehicle services account in27
1135
-6- the highway users tax fund created in section 42-1-211 (2), C.R.S. To1
implement this act, the department may use this appropriation as follows:2
(a) $992 for DRIVES maintenance and support;3
(b) $160 for use by the division of motor vehicles for personal4
services related to vehicle services; 5
(c) $105 for use by the executive director's office for personal6
services related to administration and support; and7
(d) $198 for payments to OIT.8
SECTION 4. Effective date - applicability. This act takes effect9
August 1, 2024, and applies to offenses committed on or after said date.10
SECTION 5. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
1135
-7-