Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0837.01 Yelana Love x2295
SENATE BILL 24-065
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING THE USE OF MOBILE ELECTRONIC DEVICES WHEN101
DRIVING A MOTOR VEHICLE .102
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
.)
Current law prohibits an individual who is under 18 years of age
from using a mobile electronic device when driving. The bill applies the
prohibition to an individual who is 18 years of age or older unless the
individual is using a hands-free accessory. The following uses are
exempted:
! By an individual reporting an emergency to state or local
SENATE SPONSORSHIP
Hansen and Fields,
HOUSE SPONSORSHIP
Froelich and Ortiz,
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. authorities;
! By an employee or contractor of a utility when responding
to a utility emergency;
! By a first responder; or
! By an individual in a motor vehicle that is parked.
The penalties for a violation are:
! For a first offense, $75 and 2 license suspension points;
! For a second offense within 24 months, $150 and 3 license
suspension points; and
! For a third or subsequent offense within 24 months, $250
and 4 license suspension points.
A violation will be dismissed if the individual has not previously
committed a violation, produces proof of purchase of a hands-free
accessory, and affirms, under penalty of perjury, that the defendant has
not previously claimed this option to dismiss.
Current law requires a peace officer who makes a traffic stop to
record the demographic information of the violator, whether a citation has
been issued, and the violation cited. The bill clarifies that the peace
officer must record whether the bill has been violated.
The executive director of the department of transportation, in
consultation with the chief of the Colorado state patrol, is required to
create a campaign raising public awareness of the requirements of the bill
and of the dangers of using mobile electronic devices when driving.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, 42-4-239 as follows:3
42-4-239. Use of a mobile electronic device - definitions -4
penalty - preemption - legislative declaration. (1) A
S USED IN THIS5
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
(a) "E
MERGENCY" MEANS A CIRCUMSTANCE IN WHICH AN7
INDIVIDUAL:8
(I) H
AS REASON TO FEAR FOR THE INDIVIDUAL'S LIFE OR SAFETY OR9
BELIEVES THAT A CRIMINAL ACT MAY BE PERPETRATED AGAINST THE10
INDIVIDUAL OR ANOTHER INDIVIDUAL , REQUIRING THE USE OF A MOBILE11
ELECTRONIC DEVICE WHEN THE INDIVIDUAL IS DRIVING A MOTOR VEHICLE ;12
SB24-065-2- OR1
(II) R
EPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE2
INJURIES ARE APPARENT, A SERIOUS ROAD HAZARD , A MEDICAL OR3
HAZARDOUS MATERIALS EMERGENCY , OR AN INDIVIDUAL WHO IS DRIVING4
IN A RECKLESS, CARELESS, OR UNSAFE MANNER.5
(b) "F
IRST RESPONDER" MEANS:6
(I) A
PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;7
(II) A
FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);8
(III) A
VOLUNTEER FIREFIGHTER , AS DEFINED IN SECTION9
31-30-1102 (9)(a);10
(IV) A
N EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN11
SECTION 25-3.5-103 (8); OR12
(V) A
NY OTHER INDIVIDUAL WHO RESPONDS IN A PROFESSIONAL13
CAPACITY TO A PUBLIC SAFETY EMERGENCY .14
(c) "H
ANDS-FREE ACCESSORY" MEANS AN ACCESSORY WITH A15
FEATURE OR FUNCTION THAT ENABLES AN INDIVIDUAL TO USE A MOBILE16
ELECTRONIC DEVICE WITHOUT USING EITHER HAND , EXCEPT TO ACTIVATE,17
DEACTIVATE, OR INITIATE THE FEATURE OR FUNCTION WITH A SINGLE18
TOUCH OR SINGLE SWIPE.19
(d) (I) "M
OBILE ELECTRONIC DEVICE" MEANS A HANDHELD OR20
PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE21
COMMUNICATION BETWEEN TWO OR MORE PERSONS , AMUSEMENT, OR THE22
WIRELESS TRANSFER OF DATA.23
(II) "M
OBILE ELECTRONIC DEVICE" DOES NOT INCLUDE:24
(A) A
RADIO, CITIZENS BAND RADIO, OR CITIZENS BAND RADIO25
HYBRID;26
(B) A
COMMERCIAL TWO-WAY RADIO COMMUNICATION DEVICE OR27
SB24-065
-3- ITS FUNCTIONAL EQUIVALENT;1
(C) A
SUBSCRIPTION-BASED EMERGENCY COMMUNICATION2
DEVICE;3
(D) A
PRESCRIBED MEDICAL DEVICE;4
(E) A
N AMATEUR OR HAM RADIO DEVICE ; OR5
(F) S
YSTEMS THAT ARE DESIGNED FOR AND INSTALLED WITHIN THE6
VEHICLE'S ELECTRONICS, SUCH AS AN IN-VEHICLE SECURITY, NAVIGATION,7
COMMUNICATIONS, OR REMOTE DIAGNOSTICS SYSTEM .8
(e) "U
SE" OR "USING" MEANS:9
(I) P
HYSICALLY HOLDING OR SUPPORTING A MOBILE ELECTRONIC10
DEVICE WITH ANY PART OF THE BODY; EXCEPT THAT AN INDIVIDUAL MAY11
USE AN EARPIECE OR HEADPHONE DEVICE TO CONDUCT A VOICE -BASED12
COMMUNICATION;13
(II) W
ATCHING A VIDEO OR MOVIE ON A MOBILE ELECTRONIC14
DEVICE, OTHER THAN WATCHING DATA RELATED TO THE NAVIGATION OF15
THE MOTOR VEHICLE; OR16
(III) W
RITING, SENDING, OR READING TEXT -BASED17
COMMUNICATION, INCLUDING A TEXT MESSAGE , INSTANT MESSAGE,18
E-MAIL, OR INTERNET DATA, ON A MOBILE ELECTRONIC DEVICE; EXCEPT19
THAT TEXT-BASED COMMUNICATION DOES NOT INCLUDE :20
(A) A
VOICE-BASED COMMUNICATION THAT IS AUTOMATICALLY21
CONVERTED BY THE MOBILE ELECTRONIC DEVICE TO BE SENT AS A22
MESSAGE IN WRITTEN FORM; OR23
(B) C
OMMUNICATION CONCERNING THE NAVIGATION OF A MOTOR24
VEHICLE.25
(2) (a) E
XCEPT AS SPECIFIED IN SUBSECTION (2)(b) OF THIS26
SECTION, AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE SHALL NOT27
SB24-065
-4- DRIVE A MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE .1
(b) I
T IS NOT A VIOLATION OF THIS SUBSECTION (2) TO USE A2
MOBILE ELECTRONIC DEVICE:3
(I) T
O CONTACT A PUBLIC SAFETY ENTITY; OR4
(II) D
URING AN EMERGENCY.5
(3) (a) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS6
SECTION, AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER SHALL NOT7
DRIVE A MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE8
UNLESS THE USE IS THROUGH A HANDS -FREE ACCESSORY.9
(b) I
T IS NOT A VIOLATION OF THIS SUBSECTION (3) TO USE A10
MOBILE ELECTRONIC DEVICE:11
(I) W
HEN REPORTING AN EMERGENCY TO STATE OR LOCAL12
AUTHORITIES;13
(II) W
HEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING14
WITHIN THE SCOPE OF THE EMPLOYEE 'S OR CONTRACTOR'S DUTIES WHEN15
RESPONDING TO A UTILITY EMERGENCY ;16
(III) D
URING THE PERFORMANCE OF A FIRST RESPONDER 'S OFFICIAL17
DUTIES; OR18
(IV) W
HEN IN A MOTOR VEHICLE THAT IS PARKED .19
(4) (a) E
XCEPT AS PROVIDED IN SUBSECTION (4)(b) OF THIS20
SECTION, AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS21
A
TRAFFIC INFRACTION, AND THE COURT SHALL ASSESS A PENALTY AS22
PROVIDED IN SECTION 42-4-1701 (4)(a)(I)(P).23
(b) (I) A
N INDIVIDUAL CHARGED WITH VIOLATING SUBSECTION24
(3)(a)
OF THIS SECTION SHALL NOT BE CONVICTED IF THE INDIVIDUAL :25
(A) P
RODUCES A HANDS-FREE ACCESSORY OR PROOF OF PURCHASE26
OF A HANDS-FREE ACCESSORY; AND27
SB24-065
-5- (B) AFFIRMS UNDER PENALTY OF PERJURY THAT THE INDIVIDUAL1
HAS NOT PREVIOUSLY HAD A CHARGE DISMISSED UNDER THIS SUBSECTION2
(4)(b).3
(II) T
HE COURT CLERK MAY DISMISS THE CHARGE IF THE CLERK4
VERIFIES THAT THE INDIVIDUAL HAS COMPLIED WITH BOTH SUBSECTIONS5
(4)(b)(I)(A)
AND (4)(b)(I)(B) OF THIS SECTION.6
(c) T
HIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WITH A7
COMMERCIAL DRIVER 'S LICENSE WHO IS OPERATING A COMMERCIAL8
VEHICLE.9
(5) W
HEN A PEACE OFFICER ISSUES A CITATION FOR A VIOLATION10
OF THIS SECTION, THE PEACE OFFICER SHALL, WHEN COMPLYING WITH11
SECTION 24-31-309 (3.5), RECORD THAT THE INDIVIDUAL WAS ISSUED A12
CITATION FOR A VIOLATION OF THIS SECTION.13
(6) T
HIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND14
FORFEITURE OF A MOBILE ELECTRONIC DEVICE , UNLESS OTHERWISE15
PROVIDED BY LAW. PRIOR TO REQUESTING CONSENT TO SEARCH A MOBILE16
ELECTRONIC DEVICE AS PART OF AN INVESTIGATION OF A VIOLATION OF17
THIS SECTION, A PEACE OFFICER SHALL COMPLY WITH THE REQUIREMENTS18
OF SECTION 16-3-310.19
SECTION 2. In Colorado Revised Statutes, add 43-1-132 as20
follows:21
43-1-132. Mobile electronic device education - repeal. (1) B
Y22
O
CTOBER 1, 2024, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE23
DIRECTOR'S DESIGNEE SHALL, IN CONSULTATION WITH THE CHIEF OF THE24
C
OLORADO STATE PATROL , CREATE A CAMPAIGN RAISING PUBLIC25
AWARENESS OF THE REQUIREMENTS OF SECTION 42-4-239 AND OF THE26
DANGERS OF USING MOBILE ELECTRONIC DEVICES WHEN DRIVING .27
SB24-065
-6- (2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.1
SECTION 3. In Colorado Revised Statutes, 42-2-127, amend2
(5)(jj) and (5)(jj.5); and add (5)(jj.7) as follows:3
42-2-127. Authority to suspend license - to deny license - type4
of conviction - points. (5) Point system schedule:5
Type of conviction Points6
(jj) A violation of section 42-4-239 (2) IF THE PERSON HAS NOT7
BEEN CONVICTED OF THE SAME VIOLATION WITHIN THE IMMEDIATELY8
PRECEDING TWENTY-FOUR MONTHS......................... 1 29
(jj.5) A
SECOND violation of section 42-4-239 (3)
WITHIN THE10
IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS.............. 4 311
(jj.7) A
THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-23912
WITHIN THE IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS......413
SECTION 4. In Colorado Revised Statutes, 42-4-1701, amend14
(4)(a)(I)(P) as follows:15
42-4-1701. Traffic offenses and infractions classified -16
penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except17
as provided in subsection (5)(c) of this section, every person who is18
convicted of, who admits liability for, or against whom a judgment is19
entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)20
of this section applies shall be fined or penalized and have a surcharge21
levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10422
(1)(b)(I), in accordance with the penalty and surcharge schedule set forth23
in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty24
or surcharge is specified in the schedule, the penalty for class A and class25
B traffic infractions is fifteen dollars, and the surcharge is four dollars.26
These penalties and surcharges apply whether the defendant27
SB24-065
-7- acknowledges the defendant's guilt or liability in accordance with the1
procedure set forth by subsection (5)(a) of this section, is found guilty by2
a court of competent jurisdiction, or has judgment entered against the3
defendant by a county court magistrate. Penalties and surcharges for4
violating specific sections are as follows:5
Section Violated Penalty Surcharge6
(P) Offenses by persons controlling vehicles:7
42-4-239 (5)(a) FIRST OFFENSE8
WITHIN THE IMMEDIATELY PRECEDING9
TWENTY-FOUR MONTHS $ 50.00 75.00 $ 6.00 10.0010
42-4-239 (5)(b) SECOND OFFENSE11
WITHIN THE IMMEDIATELY PRECEDING12
TWENTY-FOUR MONTHS 100.00 150.00 6.0010.0013
42-4-239 (5.5) THIRD OFFENSE14
WITHIN THE IMMEDIATELY PRECEDING15
TWENTY-FOUR MONTHS 300.00 250.00 6.00 10.0016
42-4-1704 15.00 6.0017
SECTION 5. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly; except that, if a referendum petition is filed pursuant21
to section 1 (3) of article V of the state constitution against this act or an22
item, section, or part of this act within such period, then the act, item,23
section, or part will not take effect unless approved by the people at the24
general election to be held in November 2024 and, in such case, will take25
effect on the date of the official declaration of the vote thereon by the26
governor.27
SB24-065
-8- (2) This act applies to conduct occurring on or after the applicable1
effective date of this act.2
SB24-065
-9-