Second 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. 24-0837.01 Yelana Love x2295
SENATE BILL 24-065
Senate Committees House Committees
Transportation & Energy
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE USE OF MOBILE ELECTRONIC DEVICES WHEN101
DRIVING A MOTOR VEHICLE , AND, IN CONNECTION THEREWITH ,
102
MAKING AN 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
.)
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:
SENATE
Amended 2nd Reading
March 13, 2024
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. ! By an individual reporting an emergency to state or local
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
065-2- ELECTRONIC DEVICE WHEN THE INDIVIDUAL IS DRIVING A MOTOR VEHICLE ;1
OR2
(II) R
EPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE3
INJURIES ARE APPARENT, A SERIOUS ROAD HAZARD , A MEDICAL OR4
HAZARDOUS MATERIALS EMERGENCY , OR AN INDIVIDUAL WHO IS DRIVING5
IN A RECKLESS, CARELESS, OR UNSAFE MANNER.6
(b) "F
IRST RESPONDER" MEANS:7
(I) A
PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;8
(II) A
FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);9
(III) A
VOLUNTEER FIREFIGHTER , AS DEFINED IN SECTION10
31-30-1102 (9)(a);11
(IV) A
N EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN12
SECTION 25-3.5-103 (8); OR13
(V) A
NY OTHER INDIVIDUAL WHO RESPONDS IN A PROFESSIONAL14
CAPACITY TO A PUBLIC SAFETY EMERGENCY .15
(c) "H
ANDS-FREE ACCESSORY" MEANS AN ACCESSORY WITH A16
FEATURE OR FUNCTION THAT ENABLES AN INDIVIDUAL TO USE A MOBILE17
ELECTRONIC DEVICE WITHOUT USING EITHER HAND , EXCEPT TO ACTIVATE,18
DEACTIVATE, OR INITIATE THE FEATURE OR FUNCTION WITH A SINGLE19
TOUCH OR SINGLE SWIPE.20
(d) (I) "M
OBILE ELECTRONIC DEVICE" MEANS A HANDHELD OR21
PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE22
COMMUNICATION BETWEEN TWO OR MORE PERSONS , AMUSEMENT, OR THE23
WIRELESS TRANSFER OF DATA.24
(II) "M
OBILE ELECTRONIC DEVICE" DOES NOT INCLUDE:25
(A) A
RADIO, CITIZENS BAND RADIO, OR CITIZENS BAND RADIO26
HYBRID;27
065
-3- (B) A COMMERCIAL TWO-WAY RADIO COMMUNICATION DEVICE OR1
ITS FUNCTIONAL EQUIVALENT;2
(C) A
SUBSCRIPTION-BASED EMERGENCY COMMUNICATION3
DEVICE;4
(D) A
PRESCRIBED MEDICAL DEVICE;5
(E) A
N AMATEUR OR HAM RADIO DEVICE ; OR6
(F) S
YSTEMS THAT ARE DESIGNED FOR AND INSTALLED WITHIN THE7
VEHICLE'S ELECTRONICS, SUCH AS AN IN-VEHICLE SECURITY, NAVIGATION,8
COMMUNICATIONS, OR REMOTE DIAGNOSTICS SYSTEM .9
(e) "U
SE" OR "USING" MEANS:10
(I) P
HYSICALLY HOLDING OR SUPPORTING A MOBILE ELECTRONIC11
DEVICE WITH ANY PART OF THE BODY; EXCEPT THAT AN INDIVIDUAL MAY12
USE AN EARPIECE OR HEADPHONE DEVICE TO CONDUCT A VOICE -BASED13
COMMUNICATION;14
(II) W
ATCHING A VIDEO OR MOVIE ON A MOBILE ELECTRONIC15
DEVICE, OTHER THAN WATCHING DATA RELATED TO THE NAVIGATION OF16
THE MOTOR VEHICLE; OR17
(III) W
RITING, SENDING, OR READING TEXT -BASED18
COMMUNICATION, INCLUDING A TEXT MESSAGE , INSTANT MESSAGE,19
E-MAIL, OR INTERNET DATA, ON A MOBILE ELECTRONIC DEVICE; EXCEPT20
THAT TEXT-BASED COMMUNICATION DOES NOT INCLUDE :21
(A) A
VOICE-BASED COMMUNICATION THAT IS AUTOMATICALLY22
CONVERTED BY THE MOBILE ELECTRONIC DEVICE TO BE SENT AS A23
MESSAGE IN WRITTEN FORM; OR24
(B) C
OMMUNICATION CONCERNING THE NAVIGATION OF A MOTOR25
VEHICLE.26
(2) (a) E
XCEPT AS SPECIFIED IN SUBSECTION (2)(b) OF THIS27
065
-4- SECTION, AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE SHALL NOT1
DRIVE A MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE .2
(b) I
T IS NOT A VIOLATION OF THIS SUBSECTION (2) TO USE A3
MOBILE ELECTRONIC DEVICE:4
(I) T
O CONTACT A PUBLIC SAFETY ENTITY; OR5
(II) D
URING AN EMERGENCY.6
(3) (a) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS7
SECTION, AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER SHALL NOT8
DRIVE A MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE9
UNLESS THE USE IS THROUGH A HANDS -FREE ACCESSORY.10
(b) I
T IS NOT A VIOLATION OF THIS SUBSECTION (3) TO USE A11
MOBILE ELECTRONIC DEVICE:12
(I) W
HEN REPORTING AN EMERGENCY TO STATE OR LOCAL13
AUTHORITIES;14
(II) W
HEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING15
WITHIN THE SCOPE OF THE EMPLOYEE 'S OR CONTRACTOR'S DUTIES WHEN16
RESPONDING TO A UTILITY EMERGENCY ;17
(III) W
HEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY
18
IS ACTING WITHIN THE SCOPE OF THE EMPLOYEE 'S OR CONTRACTOR'S19
DUTIES AS A CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION20
OFFICER;21
(IV) DURING THE PERFORMANCE OF A FIRST RESPONDER 'S OFFICIAL22
DUTIES; OR23
(V) WHEN IN A MOTOR VEHICLE THAT IS PARKED .24
(4) (a) E
XCEPT AS PROVIDED IN SUBSECTION (4)(b) OF THIS25
SECTION, AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS26
A
TRAFFIC INFRACTION, AND THE COURT SHALL ASSESS A PENALTY AS27
065
-5- PROVIDED IN SECTION 42-4-1701 (4)(a)(I)(P).1
(b) (I) A
N INDIVIDUAL CHARGED WITH VIOLATING SUBSECTION2
(3)(a)
OF THIS SECTION SHALL NOT BE CONVICTED IF THE INDIVIDUAL :3
(A) P
RODUCES A HANDS-FREE ACCESSORY OR PROOF OF PURCHASE4
OF A HANDS-FREE ACCESSORY; AND5
(B) A
FFIRMS UNDER PENALTY OF PERJURY THAT THE INDIVIDUAL6
HAS NOT PREVIOUSLY HAD A CHARGE DISMISSED UNDER THIS SUBSECTION7
(4)(b).8
(II) T
HE COURT CLERK MAY DISMISS THE CHARGE IF THE CLERK9
VERIFIES THAT THE INDIVIDUAL HAS COMPLIED WITH BOTH SUBSECTIONS10
(4)(b)(I)(A)
AND (4)(b)(I)(B) OF THIS SECTION.11
(c) T
HIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WITH A12
COMMERCIAL DRIVER 'S LICENSE WHO IS OPERATING A COMMERCIAL13
VEHICLE.14
(5) W
HEN A PEACE OFFICER ISSUES A CITATION FOR A VIOLATION15
OF THIS SECTION, THE PEACE OFFICER SHALL, WHEN COMPLYING WITH16
SECTION 24-31-309 (3.5), RECORD THAT THE INDIVIDUAL WAS ISSUED A17
CITATION FOR A VIOLATION OF THIS SECTION.18
(6) T
HIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND19
FORFEITURE OF A MOBILE ELECTRONIC DEVICE , UNLESS OTHERWISE20
PROVIDED BY LAW. PRIOR TO REQUESTING CONSENT TO SEARCH A MOBILE21
ELECTRONIC DEVICE AS PART OF AN INVESTIGATION OF A VIOLATION OF22
THIS SECTION, A PEACE OFFICER SHALL COMPLY WITH THE REQUIREMENTS23
OF SECTION 16-3-310.24
SECTION 2. In Colorado Revised Statutes, add 43-1-132 as25
follows:26
43-1-132. Mobile electronic device education - repeal. (1) B
Y27
065
-6- OCTOBER 1, 2024, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE1
DIRECTOR'S DESIGNEE SHALL, IN CONSULTATION WITH THE CHIEF OF THE2
C
OLORADO STATE PATROL , CREATE A CAMPAIGN RAISING PUBLIC3
AWARENESS OF THE REQUIREMENTS OF SECTION 42-4-239 AND OF THE4
DANGERS OF USING MOBILE ELECTRONIC DEVICES WHEN DRIVING .5
(2) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.6
SECTION 3. In Colorado Revised Statutes, 42-2-127, amend7
(5)(jj) and (5)(jj.5); and add (5)(jj.7) as follows:8
42-2-127. Authority to suspend license - to deny license - type9
of conviction - points. (5) Point system schedule:10
Type of conviction Points11
(jj) A violation of section 42-4-239 (2)
IF THE PERSON HAS NOT12
BEEN CONVICTED OF THE SAME VIOLATION WITHIN THE IMMEDIATELY13
PRECEDING TWENTY-FOUR MONTHS......................... 1 214
(jj.5) A
SECOND violation of section 42-4-239 (3)
WITHIN THE15
IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS.............. 4 316
(jj.7) A
THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-23917
WITHIN THE IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS......418
SECTION 4. In Colorado Revised Statutes, 42-4-1701, amend19
(4)(a)(I)(P) as follows:20
42-4-1701. Traffic offenses and infractions classified -21
penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except22
as provided in subsection (5)(c) of this section, every person who is23
convicted of, who admits liability for, or against whom a judgment is24
entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)25
of this section applies shall be fined or penalized and have a surcharge26
levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10427
065
-7- (1)(b)(I), in accordance with the penalty and surcharge schedule set forth1
in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty2
or surcharge is specified in the schedule, the penalty for class A and class3
B traffic infractions is fifteen dollars, and the surcharge is four dollars.4
These penalties and surcharges apply whether the defendant5
acknowledges the defendant's guilt or liability in accordance with the6
procedure set forth by subsection (5)(a) of this section, is found guilty by7
a court of competent jurisdiction, or has judgment entered against the8
defendant by a county court magistrate. Penalties and surcharges for9
violating specific sections are as follows:10
Section Violated Penalty Surcharge11
(P) Offenses by persons controlling vehicles:12
42-4-239 (5)(a) FIRST OFFENSE13
WITHIN THE IMMEDIATELY PRECEDING14
TWENTY-FOUR MONTHS $ 50.00 75.00 $ 6.00 10.0015
42-4-239 (5)(b) SECOND OFFENSE16
WITHIN THE IMMEDIATELY PRECEDING17
TWENTY-FOUR MONTHS 100.00 150.00 6.0010.0018
42-4-239 (5.5) THIRD OFFENSE19
WITHIN THE IMMEDIATELY PRECEDING20
TWENTY-FOUR MONTHS 300.00 250.00 6.00 10.0021
42-4-1704 15.00 6.0022
SECTION 5. Appropriation. For the 2024-25 state fiscal year,23
$6,900 is appropriated to the department of revenue for use by the24
division of motor vehicles. This appropriation is from the Colorado25
DRIVES vehicle services account in the highway users tax fund created26
in section 42-1-211(2), C.R.S. To implement this act, the department may27
065
-8- use this appropriation for DRIVES maintenance and support.1
SECTION 6. Act subject to petition - effective date -2
applicability. (1) This act takes effect at 12:01 a.m. on the day following3
the expiration of the ninety-day period after final adjournment of the4
general assembly; except that, if a referendum petition is filed pursuant5
to section 1 (3) of article V of the state constitution against this act or an6
item, section, or part of this act within such period, then the act, item,7
section, or part will not take effect unless approved by the people at the8
general election to be held in November 2024 and, in such case, will take9
effect on the date of the official declaration of the vote thereon by the10
governor.11
(2) This act applies to conduct occurring on or after the applicable12
effective date of this act.13
065
-9-