Colorado 2024 Regular Session

Colorado Senate Bill SB065 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second 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. 24-0837.01 Yelana Love x2295
1	8		SENATE BILL 24-065
2		-	BY SENATOR(S) Hansen and Fields, Bridges, Cutter, Exum, Hinrichsen,
3		-	Kolker, Marchman, Michaelson Jenet, Mullica, Roberts, Sullivan, Fenberg;
4		-	also REPRESENTATIVE(S) Froelich and Ortiz, Amabile, Bird,
5		-	Boesenecker, Brown, Duran, Hamrick, Kipp, Lieder, Lindsay, Lindstedt,
6		-	Lukens, Mauro, McCormick, Vigil, Young, McCluskie, Bacon, Clifford,
7		-	deGruy Kennedy, Epps, Garcia, Hernandez, Herod, Jodeh, Mabrey, Marvin,
8		-	McLachlan, Parenti, Rutinel, Sirota, Snyder, Soper, Story, Titone, Valdez,
9		-	Velasco, Weissman, Willford.
	9	+	Senate Committees House Committees
	10	+	Transportation & Energy Transportation, Housing & Local Government
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING THE USE OF MOBILE ELECTRONIC DEVICES WHEN DRIVING A
12		-	MOTOR VEHICLE
13		-	, AND, IN CONNECTION THEREWITH , MAKING AN
14		-	APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, repeal and reenact,
19		-	with amendments, 42-4-239 as follows:
20		-	42-4-239. Use of a mobile electronic device - definitions - penalty
21		-	- preemption - legislative declaration. (1) A
22		-	S USED IN THIS SECTION,
23		-	UNLESS THE CONTEXT OTHERWISE REQUIRES :
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. (a) "EMERGENCY" MEANS A CIRCUMSTANCE IN WHICH AN
32		-	INDIVIDUAL
33		-	:
	14	+	ONCERNING THE USE OF MOBILE ELECTRONIC DEVICES WHEN101
	15	+	DRIVING A MOTOR VEHICLE , AND, IN CONNECTION THEREWITH ,
	16	+	102
	17	+	MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Current law prohibits an individual who is under 18 years of age
	26	+	from using a mobile electronic device when driving. The bill applies the
	27	+	prohibition to an individual who is 18 years of age or older unless the
	28	+	individual is using a hands-free accessory. The following uses are
	29	+	exempted:
	30	+	HOUSE
	31	+	Amended 3rd Reading
	32	+	May 5, 2024
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 4, 2024
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	March 15, 2024
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	March 13, 2024
	42	+	SENATE SPONSORSHIP
	43	+	Hansen and Fields, Bridges, Cutter, Exum, Fenberg, Hinrichsen, Kolker, Marchman,
	44	+	Michaelson Jenet, Mullica, Roberts, Sullivan
	45	+	HOUSE SPONSORSHIP
	46	+	Froelich and Ortiz, Amabile, Bird, Boesenecker, Brown, Duran, Hamrick, Kipp, Lieder,
	47	+	Lindsay, Lindstedt, Lukens, Mauro, McCluskie, McCormick, Vigil, Young
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. ! By an individual reporting an emergency to state or local
	51	+	authorities;
	52	+	! By an employee or contractor of a utility when responding
	53	+	to a utility emergency;
	54	+	! By a first responder; or
	55	+	! By an individual in a motor vehicle that is parked.
	56	+	The penalties for a violation are:
	57	+	! For a first offense, $75 and 2 license suspension points;
	58	+	! For a second offense within 24 months, $150 and 3 license
	59	+	suspension points; and
	60	+	! For a third or subsequent offense within 24 months, $250
	61	+	and 4 license suspension points.
	62	+	A violation will be dismissed if the individual has not previously
	63	+	committed a violation, produces proof of purchase of a hands-free
	64	+	accessory, and affirms, under penalty of perjury, that the defendant has
	65	+	not previously claimed this option to dismiss.
	66	+	Current law requires a peace officer who makes a traffic stop to
	67	+	record the demographic information of the violator, whether a citation has
	68	+	been issued, and the violation cited. The bill clarifies that the peace
	69	+	officer must record whether the bill has been violated.
	70	+	The executive director of the department of transportation, in
	71	+	consultation with the chief of the Colorado state patrol, is required to
	72	+	create a campaign raising public awareness of the requirements of the bill
	73	+	and of the dangers of using mobile electronic devices when driving.
	74	+	Be it enacted by the General Assembly of the State of Colorado:1
	75	+	SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
	76	+	with amendments, 42-4-239 as follows:3
	77	+	42-4-239. Use of a mobile electronic device - definitions -4
	78	+	penalty - preemption - legislative
	79	+	declaration - repeal. (1) A S USED IN5
	80	+	THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
	81	+	(a) "E
	82	+	MERGENCY" MEANS A CIRCUMSTANCE IN WHICH AN7
	83	+	INDIVIDUAL:8
34	84		(I) H
35		-	AS REASON TO FEAR FOR THE INDIVIDUAL'S LIFE OR SAFETY OR
36		-	BELIEVES THAT A CRIMINAL ACT MAY BE PERPETRATED AGAINST THE
37		-	INDIVIDUAL OR ANOTHER INDIVIDUAL
38		-	, REQUIRING THE USE OF A MOBILE
39		-	ELECTRONIC DEVICE WHEN THE INDIVIDUAL IS DRIVING A MOTOR VEHICLE
40		-	;
41		-	OR
42		-	(II) REPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE
43		-	INJURIES ARE APPARENT
44		-	, A SERIOUS ROAD HAZARD , A MEDICAL OR
45		-	HAZARDOUS MATERIALS EMERGENCY
46		-	, OR AN INDIVIDUAL WHO IS DRIVING IN
47		-	A RECKLESS
48		-	, CARELESS, OR UNSAFE MANNER.
	85	+	AS REASON TO FEAR FOR THE INDIVIDUAL'S LIFE OR SAFETY OR9
	86	+	BELIEVES THAT A CRIMINAL ACT MAY BE PERPETRATED AGAINST THE10
	87	+	INDIVIDUAL OR ANOTHER INDIVIDUAL , REQUIRING THE USE OF A MOBILE11 065-2- ELECTRONIC DEVICE WHEN THE INDIVIDUAL IS DRIVING A MOTOR VEHICLE ;1
	88	+	OR2
	89	+	(II) R
	90	+	EPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE3
	91	+	INJURIES ARE APPARENT, A SERIOUS ROAD HAZARD , A MEDICAL OR4
	92	+	HAZARDOUS MATERIALS EMERGENCY , OR AN INDIVIDUAL WHO IS DRIVING5
	93	+	IN A RECKLESS, CARELESS, OR UNSAFE MANNER.6
49	94		(b) "F
50		-	IRST RESPONDER" MEANS:
	95	+	IRST RESPONDER" MEANS:7
51	96		(I) A
52		-	PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;
	97	+	PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;8
53	98		(II) A
54		-	FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);
	99	+	FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);9
55	100		(III) A
56		-	VOLUNTEER FIREFIGHTER, AS DEFINED IN ~~SECTION 31-30-1102~~
57		-	(9)(a);
	101	+	VOLUNTEER FIREFIGHTER , AS DEFINED IN SECTION10
	102	+	31-30-1102 (9)(a);11
58	103		(IV) A
59		-	N EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN
60		-	SECTION
61		-	25-3.5-103 (8); OR
62		-	(V) ANY OTHER INDIVIDUAL WHO RESPONDS IN A PROFESSIONAL
63		-	CAPACITY TO A PUBLIC SAFETY EMERGENCY
64		-	.
	104	+	N EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN12
	105	+	SECTION 25-3.5-103 (8); OR13
	106	+	(V) A
	107	+	NY OTHER INDIVIDUAL WHO RESPONDS IN A PROFESSIONAL14
	108	+	CAPACITY TO A PUBLIC SAFETY EMERGENCY .15
65	109		(c) "H
66		-	ANDS-FREE ACCESSORY" MEANS AN ACCESSORY WITH A
67		-	FEATURE OR FUNCTION THAT ENABLES AN INDIVIDUAL TO USE A MOBILE
68		-	ELECTRONIC DEVICE WITHOUT USING EITHER HAND
69		-	, EXCEPT TO ACTIVATE,
70		-	DEACTIVATE, OR INITIATE THE FEATURE OR FUNCTION WITH A SINGLE TOUCH
71		-	OR SINGLE SWIPE
72		-	.
	110	+	ANDS-FREE ACCESSORY" MEANS AN ACCESSORY WITH A16
	111	+	FEATURE OR FUNCTION THAT ENABLES AN INDIVIDUAL TO USE A MOBILE17
	112	+	ELECTRONIC DEVICE WITHOUT USING EITHER HAND , EXCEPT TO ACTIVATE,18
	113	+	DEACTIVATE, OR INITIATE THE FEATURE OR FUNCTION WITH A SINGLE19
	114	+	TOUCH OR SINGLE SWIPE.20
73	115		(d) (I) "M
74		-	OBILE ELECTRONIC DEVICE" MEANS A HANDHELD OR
75		-	PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE
76		-	COMMUNICATION BETWEEN TWO OR MORE PERSONS
77		-	, AMUSEMENT, OR THE
78		-	WIRELESS TRANSFER OF DATA
79		-	.
80		-	PAGE 2-SENATE BILL 24-065 (II) "MOBILE ELECTRONIC DEVICE" DOES NOT INCLUDE:
	116	+	OBILE ELECTRONIC DEVICE" MEANS A HANDHELD OR21
	117	+	PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE22
	118	+	COMMUNICATION BETWEEN TWO OR MORE PERSONS , AMUSEMENT, OR THE23
	119	+	WIRELESS TRANSFER OF DATA.24
	120	+	(II) "M
	121	+	OBILE ELECTRONIC DEVICE" DOES NOT INCLUDE:25
81	122		(A) A
82		-	RADIO, CITIZENS BAND RADIO, OR CITIZENS BAND RADIO
83		-	HYBRID
84		-	;
	123	+	RADIO, CITIZENS BAND RADIO, OR CITIZENS BAND RADIO26
	124	+	HYBRID;27
	125	+	065
	126	+	-3- (B) A COMMERCIAL TWO-WAY RADIO COMMUNICATION DEVICE OR1
	127	+	ITS FUNCTIONAL EQUIVALENT;2
	128	+	(C) A
	129	+	SUBSCRIPTION-BASED EMERGENCY COMMUNICATION3
	130	+	DEVICE;4
	131	+	(D) A
	132	+	PRESCRIBED MEDICAL DEVICE;5
	133	+	(E) A
	134	+	N AMATEUR OR HAM RADIO DEVICE ; OR6
	135	+	(F) S
	136	+	YSTEMS THAT ARE DESIGNED FOR AND INSTALLED WITHIN THE7
	137	+	VEHICLE'S ELECTRONICS, SUCH AS AN IN-VEHICLE SECURITY, NAVIGATION,8
	138	+	COMMUNICATIONS, OR REMOTE DIAGNOSTICS SYSTEM .9
	139	+	(e) "U
	140	+	SE" OR "USING" MEANS:10
	141	+	(I) PHYSICALLY HOLDING A MOBILE ELECTRONIC DEVICE IN THE11
	142	+	DRIVER'S HAND OR PINNING A MOBILE ELECTRONIC DEVICE TO A DRIVER'S12
	143	+	EAR TO CONDUCT VOICE-BASED COMMUNICATION; EXCEPT THAT AN13
	144	+	INDIVIDUAL MAY USE A SPEAKER OR OTHER LISTENING DEVICE THAT IS14
	145	+	BUILT INTO PROTECTIVE HEADGEAR OR A DEVICE OR PORTION OF A DEVICE15
	146	+	THAT ONLY COVERS ALL OR A PORTION OF ONE EAR AND THAT IS16
	147	+	CONNECTED TO A WIRELESS, HANDHELD TELEPHONE AS PROVIDED IN17
	148	+	SECTION 42-4-1411;18
	149	+	(II) W
	150	+	ATCHING A VIDEO OR MOVIE ON A MOBILE ELECTRONIC19
	151	+	DEVICE, OTHER THAN WATCHING DATA RELATED TO THE NAVIGATION OF20
	152	+	THE MOTOR VEHICLE; OR21
	153	+	(III) W
	154	+	RITING, SENDING, OR READING TEXT -BASED22
	155	+	COMMUNICATION, INCLUDING A TEXT MESSAGE , INSTANT MESSAGE,23
	156	+	E-MAIL, OR INTERNET DATA, ON A MOBILE ELECTRONIC DEVICE; EXCEPT24
	157	+	THAT TEXT-BASED COMMUNICATION DOES NOT INCLUDE :25
	158	+	(A) A
	159	+	VOICE-BASED COMMUNICATION THAT IS AUTOMATICALLY26
	160	+	CONVERTED BY THE MOBILE ELECTRONIC DEVICE TO BE SENT AS A27
	161	+	065
	162	+	-4- MESSAGE IN WRITTEN FORM; OR1
	163	+	(B) C
	164	+	OMMUNICATION CONCERNING THE NAVIGATION OF A MOTOR2
	165	+	VEHICLE.3
	166	+	(2)
	167	+	EXCEPT AS SPECIFIED IN SUBSECTION (4) OF THIS SECTION,4
	168	+	AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE SHALL NOT DRIVE A5
	169	+	MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE .6
	170	+	7
	171	+	(3) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,8
	172	+	AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER SHALL NOT DRIVE A9
	173	+	MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE UNLESS THE10
	174	+	USE IS THROUGH A HANDS-FREE ACCESSORY.11
	175	+	(4) IT IS NOT A VIOLATION OF SUBSECTION (2) OR (3) OF THIS12
	176	+	SECTION TO USE A MOBILE ELECTRONIC DEVICE :13
	177	+	(a) TO CONTACT A PUBLIC SAFETY ENTITY;14
	178	+	(b) DURING AN EMERGENCY;15
	179	+	(c) WHEN IN A MOTOR VEHICLE THAT IS PARKED ;16
	180	+	(d) WHEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING17
	181	+	WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S DUTIES WHEN18
	182	+	RESPONDING TO A UTILITY EMERGENCY ;19
	183	+	(e) WHEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY20
	184	+	IS ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S21
	185	+	DUTIES AS A CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION22
	186	+	OFFICER; OR23
	187	+	(f) DURING THE PERFORMANCE OF A FIRST RESPONDER'S OFFICIAL24
	188	+	DUTIES.25
	189	+	(5) A LAW ENFORCEMENT OFFICER SHALL NOT STOP OR CITE AN26
	190	+	INDIVIDUAL FOR A VIOLATION OF SUBSECTION (2) OR (3) OF THIS SECTION27
	191	+	065
	192	+	-5- UNLESS:1
	193	+	(a) (I) A LAW ENFORCEMENT OFFICER SAW THE OPERATOR USE A2
	194	+	MOBILE ELECTRONIC DEVICE WHILE DRIVING ; AND3
	195	+	(II) DURING THE USE OF THE MOBILE ELECTRONIC DEVICE, THE4
	196	+	DRIVER WAS:5
	197	+	(A) IN CLOSE PROXIMITY TO A VULNERABLE ROAD USER , AS6
	198	+	DEFINED IN SECTION 42-4-1402.5 (1), ON THE ROADWAY OR ON AN7
	199	+	IMMEDIATELY ADJACENT SIDEWALK ;8
	200	+	(B) IN A SCHOOL ZONE;9
	201	+	(C) ADJACENT TO A PARK;10
	202	+	(D) IN A CONSTRUCTION ZONE; OR11
	203	+	(E) ADJACENT TO A DESIGNATED BIKE LANE .12
	204	+	(b) THE INDIVIDUAL WAS STOPPED BY A LAW ENFORCEMENT13
	205	+	OFFICER FOR AN ALLEGED VIOLATION OF ANY OF THE FOLLOWING :14
	206	+	(I) OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES, AS15
	207	+	SPECIFIED IN SECTION 42-4-603;16
	208	+	(II) FAILURE TO YIELD A RIGHT-OF-WAY, AS SPECIFIED IN PART 717
	209	+	OF THIS ARTICLE 4;18
	210	+	(III) FAILURE TO EXERCISE DUE CARE TO AVOID PEDESTRIANS, AS19
	211	+	SPECIFIED IN SECTION 42-4-807;20
	212	+	(IV) FAILURE TO YIELD TO AN INDIVIDUAL WITH A DISABILITY, AS21
	213	+	SPECIFIED IN SECTION 42-4-808;22
	214	+	(V) LIMITATIONS ON TURNING AROUND, AS SPECIFIED IN SECTION23
	215	+	42-4-902;24
	216	+	(VI) FAILURE TO DRIVE ON THE RIGHT SIDE OF THE ROAD, AS25
	217	+	SPECIFIED IN SECTION 42-4-1001;26
	218	+	(VII) UNSAFE LANE CHANGE, AS SPECIFIED IN SECTION 42-4-1007;27
	219	+	065
	220	+	-6- (VIII) FOLLOWING TOO CLOSELY, AS SPECIFIED IN SECTION1
	221	+	42-4-1008;2
	222	+	(IX) DRIVING ON THE WRONG SIDE OF ROAD, AS SPECIFIED IN3
	223	+	SECTION 42-4-1010;4
	224	+	(X) SPEEDING, AS SPECIFIED IN SECTION 42-4-1101;5
	225	+	(XI) RECKLESS DRIVING, AS SPECIFIED IN SECTION 42-4-1401; OR6
	226	+	(XI) CARELESS DRIVING, AS SPECIFIED IN SECTION 42-4-1402.7
	227	+	(6) (a) EXCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS8
	228	+	SECTION, AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS9
	229	+	A
	230	+	TRAFFIC INFRACTION, AND THE COURT SHALL ASSESS A PENALTY AS10
	231	+	PROVIDED IN SECTION 42-4-1701 (4)(a)(I)(P).11
	232	+	(b) (I) A
	233	+	N INDIVIDUAL CHARGED WITH VIOLATING SUBSECTION
	234	+	(3)12
	235	+	OF THIS SECTION SHALL NOT BE CONVICTED IF THE INDIVIDUAL :13
	236	+	(A) P
	237	+	RODUCES A HANDS-FREE ACCESSORY OR PROOF OF PURCHASE14
	238	+	OF A HANDS-FREE ACCESSORY; AND15
85	239		(B) A
86		-	COMMERCIAL TWO-WAY RADIO COMMUNICATION DEVICE OR
87		-	ITS FUNCTIONAL EQUIVALENT
88		-	;
89		-	(C) A
90		-	SUBSCRIPTION-BASED EMERGENCY COMMUNICATION DEVICE ;
91		-	(D) A
92		-	PRESCRIBED MEDICAL DEVICE;
93		-	(E) A
94		-	N AMATEUR OR HAM RADIO DEVICE ; OR
95		-	(F) SYSTEMS THAT ARE DESIGNED FOR AND INSTALLED WITHIN THE
96		-	VEHICLE
97		-	'S ELECTRONICS, SUCH AS AN IN-VEHICLE SECURITY, NAVIGATION,
98		-	COMMUNICATIONS, OR REMOTE DIAGNOSTICS SYSTEM .
99		-	(e) "O
100		-	PERATING A MOTOR VEHICLE " MEANS DRIVING A MOTOR
101		-	VEHICLE ON A PUBLIC HIGHWAY
102		-	. "OPERATING A MOTOR VEHICLE" DOES NOT
103		-	INCLUDE MAINTAINING THE INSTRUMENTS OF CONTROL OF A MOTOR VEHICLE
104		-	WHILE THE MOTOR VEHICLE IS AT REST IN A SHOULDER LANE OR LAWFULLY
105		-	PARKED
106		-	.
107		-	(f) "U
108		-	SE" OR "USING" MEANS:
109		-	(I) P
110		-	HYSICALLY HOLDING A MOBILE ELECTRONIC DEVICE IN THE
111		-	DRIVER
112		-	'S HAND OR PINNING A MOBILE ELECTRONIC DEVICE TO A DRIVER 'S
113		-	EAR TO CONDUCT VOICE
114		-	-BASED COMMUNICATION ; EXCEPT THAT AN
115		-	INDIVIDUAL MAY USE A SPEAKER OR OTHER LISTENING DEVICE THAT IS BUILT
116		-	INTO PROTECTIVE HEADGEAR OR A DEVICE OR PORTION OF A DEVICE THAT
117		-	ONLY COVERS ALL OR A PORTION OF ONE EAR AND THAT IS CONNECTED TO
118		-	A WIRELESS
119		-	, HANDHELD TELEPHONE AS PROVIDED IN SECTION 42-4-1411;
120		-	(II) W
121		-	ATCHING A VIDEO OR MOVIE ON A MOBILE ELECTRONIC DEVICE ,
122		-	OTHER THAN WATCHING DATA RELATED TO THE NAVIGATION OF THE MOTOR
123		-	VEHICLE
124		-	; OR
125		-	(III) WRITING, SENDING, OR READING TEXT-BASED COMMUNICATION ,
126		-	INCLUDING A TEXT MESSAGE , INSTANT MESSAGE, E-MAIL, OR INTERNET
127		-	PAGE 3-SENATE BILL 24-065 DATA, ON A MOBILE ELECTRONIC DEVICE ; EXCEPT THAT TEXT-BASED
128		-	COMMUNICATION DOES NOT INCLUDE
129		-	:
130		-	(A) A
131		-	VOICE-BASED COMMUNICATION THAT IS AUTOMATICALLY
132		-	CONVERTED BY THE MOBILE ELECTRONIC DEVICE TO BE SENT AS A MESSAGE
133		-	IN WRITTEN FORM
134		-	; OR
135		-	(B) COMMUNICATION CONCERNING THE NAVIGATION OF A MOTOR
136		-	VEHICLE
137		-	.
138		-	(2) E
139		-	XCEPT AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION, AN
140		-	INDIVIDUAL SHALL NOT USE A MOBILE ELECTRONIC DEVICE WHILE
141		-	OPERATING A MOTOR VEHICLE
142		-	.
143		-	(3) I
144		-	T IS NOT A VIOLATION OF SUBSECTION (2) OF THIS SECTION TO
145		-	USE A MOBILE ELECTRONIC DEVICE
146		-	:
147		-	(a) T
148		-	O CONTACT A PUBLIC SAFETY ENTITY;
149		-	(b) D
150		-	URING AN EMERGENCY;
151		-	(c) W
152		-	HEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING
153		-	WITHIN THE SCOPE OF THE EMPLOYEE
154		-	'S OR CONTRACTOR'S DUTIES WHEN
155		-	RESPONDING TO A UTILITY EMERGENCY
156		-	;
157		-	(d) W
158		-	HEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY IS
159		-	ACTING WITHIN THE SCOPE OF THE EMPLOYEE
160		-	'S OR CONTRACTOR'S DUTIES AS
161		-	A CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION OFFICER
162		-	; OR
163		-	(e) DURING THE PERFORMANCE OF A FIRST RESPONDER 'S OFFICIAL
164		-	DUTIES
165		-	.
166		-	(4) (a) E
167		-	XCEPT AS PROVIDED IN SUBSECTION (4)(b) OF THIS SECTION,
168		-	AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS A TRAFFIC
169		-	INFRACTION
170		-	, AND THE COURT SHALL ASSESS A PENALTY AS FOLLOWS :
171		-	(I) A
172		-	FINE OF SEVENTY-FIVE DOLLARS AND A SURCHARGE OF TEN
173		-	DOLLARS FOR THE FIRST OFFENSE WITHIN THE IMMEDIATELY PRECEDING
174		-	TWENTY
175		-	-FOUR MONTHS;
176		-	PAGE 4-SENATE BILL 24-065 (II) A FINE OF ONE HUNDRED FIFTY DOLLARS AND A SURCHARGE OF
177		-	TEN DOLLARS FOR THE SECOND OFFENSE WITHIN THE IMMEDIATELY
178		-	PRECEDING TWENTY
179		-	-FOUR MONTHS; OR
180		-	(III) A FINE OF TWO HUNDRED FIFTY DOLLARS AND A SURCHARGE OF
181		-	TEN DOLLARS FOR THE THIRD OR SUBSEQUENT OFFENSE WITHIN THE
182		-	IMMEDIATELY PRECEDING TWENTY
183		-	-FOUR MONTHS.
184		-	(b) (I) A
185		-	N INDIVIDUAL CHARGED WITH VIOLATING SUBSECTION (2) OF
186		-	THIS SECTION SHALL NOT BE CONVICTED IF THE INDIVIDUAL
187		-	:
188		-	(A) P
189		-	RODUCES A HANDS-FREE ACCESSORY OR PROOF OF PURCHASE
190		-	OF A HANDS
191		-	-FREE ACCESSORY; AND
192		-	(B) AFFIRMS UNDER PENALTY OF PERJURY THAT THE INDIVI DUAL HAS
193		-	NOT PREVIOUSLY HAD A CHARGE DISMISSED UNDER THIS SUBSECTION
194		-	(4)(b).
	240	+	FFIRMS UNDER PENALTY OF PERJURY THAT THE INDIVIDUAL16
	241	+	HAS NOT PREVIOUSLY HAD A CHARGE DISMISSED UNDER THIS SUBSECTION17
	242	+	(5)(b).18
195	243		(II) T
196		-	HE COURT CLERK MAY DISMISS THE CHARGE IF THE CLERK
197		-	VERIFIES THAT THE INDIVIDUAL HAS COMPLIED WITH BOTH SUBSECTIONS
198		-	(4)(b)(I)(A) AND (4)(b)(I)(B) OF THIS SECTION.
199		-	(c) I
200		-	F THE INDIVIDUAL'S ACTIONS ARE THE PROXIMATE CAUSE OF
201		-	BODILY INJURY TO ANOTHER
202		-	, THE INDIVIDUAL COMMITS A CLASS 1
203		-	MISDEMEANOR TRAFFIC OFFENSE AND SHALL BE PUNISHED AS PROVIDED IN
204		-	SECTION
205		-	42-4-1701 (3)(a)(II).
206		-	(d) I
207		-	F THE INDIVIDUAL'S ACTIONS ARE THE PROXIMATE CAUSE OF
208		-	DEATH TO ANOTHER
209		-	, THE INDIVIDUAL COMMITS A CLASS 1 MISDEMEANOR
210		-	TRAFFIC OFFENSE AND SHALL BE PUNISHED AS PROVIDED IN SECTION
211		-	42-4-1701 (3)(a)(II).
212		-	(5) T
213		-	HIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WITH A
214		-	COMMERCIAL DRIVER
215		-	'S LICENSE WHO IS OPERATING A COMMERCIAL VEHICLE.
216		-	(6) A
217		-	N INDIVIDUAL OPERATING A MOTOR VEHICLE SHALL NOT BE
218		-	CITED FOR A VIOLATION OF SUBSECTION
219		-	(2) OF THIS SECTION UNLESS A LAW
220		-	ENFORCEMENT OFFICER SAW THE INDIVIDUAL USE A MOBILE ELECTRONIC
221		-	DEVICE IN A MANNER THAT CAUSED THE INDIVIDUAL TO DRIVE IN A
222		-	CARELESS AND IMPRUDENT MANNER
223		-	, WITHOUT DUE REGARD FOR THE WIDTH,
224		-	GRADE, CURVES, CORNERS, TRAFFIC, AND USE OF THE STREETS AND
225		-	PAGE 5-SENATE BILL 24-065 HIGHWAYS AND ALL OTHER ATTENDANT CIRCUMSTANCES , AS PROHIBITED BY
226		-	SECTION
227		-	42-4-1402.
228		-	(7) T
229		-	HIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND
230		-	FORFEITURE OF A MOBILE ELECTRONIC DEVICE
231		-	, UNLESS OTHERWISE
232		-	PROVIDED BY LAW
233		-	.
234		-	SECTION 2. In Colorado Revised Statutes, add 43-1-132 as
235		-	follows:
	244	+	HE COURT CLERK MAY DISMISS THE CHARGE IF THE CLERK19
	245	+	VERIFIES THAT THE INDIVIDUAL HAS COMPLIED WITH BOTH SUBSECTIONS20(6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION.21
	246	+	(c) T
	247	+	HIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WITH A22
	248	+	COMMERCIAL DRIVER 'S LICENSE WHO IS OPERATING A COMMERCIAL23
	249	+	VEHICLE.24 (7) WHEN A PEACE OFFICER ISSUES A CITATION FOR A VIOLATION25
	250	+	OF THIS SECTION, THE PEACE OFFICER SHALL, WHEN COMPLYING WITH26
	251	+	SECTION 24-31-309 (3.5), RECORD THAT THE INDIVIDUAL WAS ISSUED A27
	252	+	065
	253	+	-7- CITATION FOR A VIOLATION OF THIS SECTION.1
	254	+	(8) THIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND2
	255	+	FORFEITURE OF A MOBILE ELECTRONIC DEVICE , UNLESS OTHERWISE3
	256	+	PROVIDED BY LAW. PRIOR TO REQUESTING CONSENT TO SEARCH A MOBILE4
	257	+	ELECTRONIC DEVICE AS PART OF AN INVESTIGATION OF A VIOLATION OF5
	258	+	THIS SECTION, A PEACE OFFICER SHALL COMPLY WITH THE REQUIREMENTS6
	259	+	OF SECTION 16-3-310.7
	260	+	(9) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.8
	261	+	SECTION 2. In Colorado Revised Statutes, add 43-1-132 as9
	262	+	follows:10
236	263		43-1-132. Mobile electronic device education - repeal. (1) B
237		-	Y
238		-	~~OCTOBER 1, 2024, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR 'S~~
239		-	~~DESIGNEE SHALL~~
240		-	, IN CONSULTATION WITH THE CHIEF OF ~~THE COLORADO~~
241		-	~~STATE PATROL~~
242		-	, CREATE A ~~CULTURALLY AND LINGUISTICALLY COMPETENT~~
243		-	~~CAMPAIGN RAISING PUBLIC AWARENESS OF THE REQUIREMENTS OF SECTION~~
244		-	~~42-4-239 AND~~ OF ~~THE DANGERS OF USING MOBILE ELECTRONIC DEVICES~~
245		-	~~WHEN DRIVING~~
246		-	.
	264	+	Y11
	265	+	O
	266	+	CTOBER 1, 2024, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE12
	267	+	DIRECTOR'S DESIGNEE SHALL, IN CONSULTATION WITH THE CHIEF OF THE13
	268	+	C
	269	+	OLORADO STATE PATROL, CREATE A
	270	+	CULTURALLY AND LINGUISTICALLY14
	271	+	COMPETENT CAMPAIGN RAISING PUBLIC AWARENESS OF THE15
	272	+	REQUIREMENTS OF SECTION 42-4-239 AND OF THE DANGERS OF USING16
	273	+	MOBILE ELECTRONIC DEVICES WHEN DRIVING .17
247	274		(2) T
248		-	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
249		-	SECTION 3. In Colorado Revised Statutes, 42-2-127, ~~amend~~
250		-	(5)(jj) and (5)(jj.5); and add (5)(jj.7) as follows:
251		-	42-2-127. Authority to suspend license - to deny license - ~~type of~~
252		-	conviction - points. (5) Point system schedule:
253		-	Type of conviction ~~Points~~
	275	+	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.18
	276	+	SECTION 3. In Colorado Revised Statutes, 42-2-127, amend19
	277	+	(5)(jj) and (5)(jj.5); and add (5)(jj.7) as follows:20
	278	+	42-2-127. Authority to suspend license - to deny license - type21
	279	+	of conviction - points. (5) Point system schedule:22
	280	+	Type of conviction Points23
254	281		(jj) A violation of section 42-4-239 (2)
255		-	IF THE PERSON HAS NOT BEEN
256		-	CONVICTED OF THE SAME VIOLATION WITHIN THE IMMEDIATELY PRECEDING
257		-	TWENTY
258		-	-FOUR MONTHS..................................... 1 2
	282	+	IF THE PERSON HAS NOT24
	283	+	BEEN CONVICTED OF THE SAME VIOLATION WITHIN THE IMMEDIATELY25
	284	+	PRECEDING TWENTY-FOUR MONTHS......................... 1 226
259	285		(jj.5) A
260	286		SECOND violation of section 42-4-239 (3)
261		-	WITHIN THE
262		-	IMMEDIATELY PRECEDING TWENTY
263		-	-FOUR MONTHS................ 4
264		-	3
	287	+	WITHIN THE27
	288	+	065
	289	+	-8- IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS.............. 4 31
265	290		(jj.7) A
266		-	THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-239
267		-	WITHIN THE IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS....... 4
268		-	SECTION 4. In Colorado Revised Statutes, 42-4-1701, amend
269		-	(4)(a)(I)(D) and (4)(a)(I)(P) as follows:
270		-	PAGE 6-SENATE BILL 24-065 42-4-1701. Traffic offenses and infractions classified - penalties
271		-	- penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided
272		-	in subsection (5)(c) of this section, every person who is convicted of, who
273		-	admits liability for, or against whom a judgment is entered for a violation
274		-	of this title 42 to which subsection (5)(a) or (5)(b) of this section applies
275		-	shall be fined or penalized and have a surcharge levied in accordance with
276		-	sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the
277		-	penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to
278		-	(4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the
279		-	schedule, the penalty for class A and class B traffic infractions is fifteen
280		-	dollars, and the surcharge is four dollars. These penalties and surcharges
281		-	apply whether the defendant acknowledges the defendant's guilt or liability
282		-	in accordance with the procedure set forth by subsection (5)(a) of this
283		-	section, is found guilty by a court of competent jurisdiction, or has
284		-	judgment entered against the defendant by a county court magistrate.
285		-	Penalties and surcharges for violating specific sections are as follows:
286		-	Section Violated Penalty Surcharge
287		-	(D) Equipment violations:
288		-	42-4-201 $ 35.00 $ 10.00
289		-	42-4-202 35.00 10.00
290		-	42-4-204 15.00 6.00
291		-	42-4-205 15.00 6.00
292		-	42-4-206 15.00 6.00
293		-	42-4-207 15.00 6.00
294		-	42-4-208 15.00 6.00
295		-	42-4-209 15.00 6.00
296		-	42-4-210 15.00 6.00
297		-	42-4-211 15.00 6.00
298		-	42-4-212 15.00 6.00
299		-	42-4-213 15.00 6.00
300		-	42-4-214 15.00 6.00
301		-	42-4-215 15.00 6.00
302		-	42-4-216 15.00 6.00
303		-	42-4-217 15.00 6.00
304		-	42-4-218 15.00 6.00
305		-	42-4-219 15.00 6.00
306		-	42-4-220 15.00 6.00
307		-	42-4-221 15.00 6.00
308		-	PAGE 7-SENATE BILL 24-065 42-4-222 (1) 15.00 6.00
309		-	42-4-223 15.00 6.00
310		-	42-4-224 15.00 6.00
311		-	42-4-225 (1) 15.00 6.00
312		-	42-4-226 15.00 6.00
313		-	42-4-227 50.00 16.00
314		-	42-4-228 (1), (2), (3),
315		-	(5), or (6) 15.00 6.00
316		-	42-4-229 15.00 6.00
317		-	42-4-230 15.00 6.00
318		-	42-4-231 15.00 6.00
319		-	42-4-232 15.00 6.00
320		-	42-4-233 75.00 24.00
321		-	42-4-234 15.00 6.00
322		-	42-4-235 50.00 16.00
323		-	42-4-236 65.00 16.00
324		-	42-4-237 65.00 6.00
325		-	42-4-239 (4)(a)(I) 75.00 10.00
326		-	42-4-239 (4)(a)(II) 150.00 10.00
327		-	42-4-239 (4)(a)(III) 250.00 10.00
328		-	42-4-241 65.00 16.00
329		-	42-4-1411 15.00 6.00
330		-	42-4-1412 15.00 6.00
331		-	42-4-1901 35.00 10.00
332		-	(P) Offenses by persons controlling vehicles:
	291	+	THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-2392
	292	+	WITHIN THE IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS......43
	293	+	SECTION 4. In Colorado Revised Statutes, 42-4-1701, amend4
	294	+	(4)(a)(I)(P) as follows:5
	295	+	42-4-1701. Traffic offenses and infractions classified -6
	296	+	penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except7
	297	+	as provided in subsection (5)(c) of this section, every person who is8
	298	+	convicted of, who admits liability for, or against whom a judgment is9
	299	+	entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)10
	300	+	of this section applies shall be fined or penalized and have a surcharge11
	301	+	levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10412
	302	+	(1)(b)(I), in accordance with the penalty and surcharge schedule set forth13
	303	+	in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty14
	304	+	or surcharge is specified in the schedule, the penalty for class A and class15
	305	+	B traffic infractions is fifteen dollars, and the surcharge is four dollars.16
	306	+	These penalties and surcharges apply whether the defendant17
	307	+	acknowledges the defendant's guilt or liability in accordance with the18
	308	+	procedure set forth by subsection (5)(a) of this section, is found guilty by19
	309	+	a court of competent jurisdiction, or has judgment entered against the20
	310	+	defendant by a county court magistrate. Penalties and surcharges for21
	311	+	violating specific sections are as follows:22
	312	+	Section Violated Penalty Surcharge23
	313	+	(P) Offenses by persons controlling vehicles:24
333	314		42-4-239 (5)(a)
334		-	$ 50.00 $ 6.00
335		-	42-4-239 (5)(b) 100.00 6.00
336		-	42-4-239 (5.5) 300.00 6.00
337		-	42-4-1704 $ 15.00 $ 6.00
338		-	SECTION 5. Appropriation. For the 2024-25 state fiscal year,
339		-	$6,900 is appropriated to the department of revenue for use by the division
340		-	of motor vehicles. This appropriation is from the Colorado DRIVES vehicle
341		-	services account in the highway users tax fund created in section
342		-	42-1-211(2), C.R.S. To implement this act, the department may use this
343		-	appropriation for DRIVES maintenance and support.
344		-	SECTION 6. Act subject to petition - effective date -
345		-	applicability. (1) Except as specified in subsection (2) of this section, this
346		-	PAGE 8-SENATE BILL 24-065 act takes effect at 12:01 a.m. on the day following the expiration of the
347		-	ninety-day period after final adjournment of the general assembly; except
348		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
349		-	of the state constitution against this act or an item, section, or part of this act
350		-	within such period, then the act, item, section, or part will not take effect
351		-	unless approved by the people at the general election to be held in
352		-	November 2024 and, in such case, will take effect on the date of the official
353		-	declaration of the vote thereon by the governor.
354		-	(2) Section 42-4-239, Colorado Revised Statutes, as amended in
355		-	section 1 of this act, takes effect January 1, 2025.
356		-	PAGE 9-SENATE BILL 24-065 (3) This act applies to conduct occurring on or after the applicable
357		-	effective date of this act.
358		-
359		-	____________________________ ____________________________
360		-	Steve Fenberg Julie McCluskie
361		-	PRESIDENT OF SPEAKER OF THE HOUSE
362		-	THE SENATE OF REPRESENTATIVES
363		-	____________________________ ____________________________
364		-	Cindi L. Markwell Robin Jones
365		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
366		-	THE SENATE OF REPRESENTATIVES
367		-	APPROVED________________________________________
368		-	(Date and Time)
369		-	_________________________________________
370		-	Jared S. Polis
371		-	GOVERNOR OF THE STATE OF COLORADO
372		-	PAGE 10-SENATE BILL 24-065
	315	+	FIRST OFFENSE25
	316	+	WITHIN THE IMMEDIATELY PRECEDING26
	317	+	TWENTY-FOUR MONTHS $ 50.00 75.00 $ 6.00 10.0027
	318	+	065
	319	+	-9- 42-4-239 (5)(b) SECOND OFFENSE1
	320	+	WITHIN THE IMMEDIATELY PRECEDING2
	321	+	TWENTY-FOUR MONTHS 100.00 150.00 6.0010.003
	322	+	42-4-239 (5.5) THIRD OFFENSE4
	323	+	WITHIN THE IMMEDIATELY PRECEDING5
	324	+	TWENTY-FOUR MONTHS 300.00 250.00 6.00 10.006
	325	+	42-4-1704 15.00 6.007
	326	+	SECTION 5. In Colorado Revised Statutes, add 24-33.5-231 as8
	327	+	follows:9
	328	+	24-33.5-231. Use of mobile electronic devices while driving -10
	329	+	demographic information - report to legislature.11
	330	+	(1) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), BY MAY 15, 2026,12
	331	+	AND EACH MAY 15 THEREAFTER, THE COLORADO STATE PATROL AND13
	332	+	EACH LOCAL LAW ENFORCEMENT AGENCY THAT EMPLOYS PEACE OFFICERS14
	333	+	SHALL SUBMIT TO THE TRANSPORTATION LEGISLATION REVIEW15
	334	+	COMMITTEE, CREATED IN SECTION 43-2-145, THE FOLLOWING16
	335	+	INFORMATION FOR EACH CITATION AN OFFICER ISSUED FOR A VIOLATION17
	336	+	OF SECTION 42-4-239 IN THE PRIOR CALENDAR YEAR:18
	337	+	(a) THE DATE, TIME, AND LOCATION OF THE INTERACTION;19
	338	+	(b) THE DEMOGRAPHIC INFORMATION OF THE INDIVIDUAL20
	339	+	CONTACTED, SO LONG AS THE IDENTIFICATION OF THESE CHARACTERISTICS21
	340	+	IS BASED ON SELF-IDENTIFICATION, THE OBSERVATION AND PERCEPTION OF22
	341	+	THE OFFICER MAKING THE CONTACT , AND OTHER AVAILABLE DATA. AT23
	342	+	MINIMUM, THIS DEMOGRAPHIC INFORMATION MUST INCLUDE :24
	343	+	(I) RACE;25
	344	+	(II) ETHNICITY;26
	345	+	(III) GENDER; AND27
	346	+	065
	347	+	-10- (IV) AGE.1
	348	+	(c) THE INITIAL REASON FOR THE INTERACTION;2
	349	+	(d) THE RESULT OF THE INTERACTION, SUCH AS:3
	350	+	(I) NO ACTION, A WARNING, A CITATION, PROPERTY SEIZURE, OR4
	351	+	ARREST;5
	352	+	(II) IF A WARNING OR CITATION WAS ISSUED , THE WARNING6
	353	+	PROVIDED OR VIOLATION CITED; AND7
	354	+	(III) IF AN ARREST WAS MADE , THE OFFENSE CHARGED AND8
	355	+	WHETHER THE INDIVIDUAL WAS CONVICTED ; AND9
	356	+	(e) THE ACTIONS TAKEN BY THE OFFICER DURING THE10
	357	+	INTERACTION, INCLUDING WHETHER:11
	358	+	(I) THE OFFICER ASKED FOR CONSENT TO SEARCH THE INDIVIDUAL12
	359	+	AND, IF SO, WHETHER CONSENT WAS PROVIDED ;13
	360	+	(II) THE OFFICER SEARCHED THE INDIVIDUAL OR ANY PROPERTY14
	361	+	AND, IF SO, THE BASIS FOR THE SEARCH AND THE TYPE OF CONTRABAND OR15
	362	+	EVIDENCE DISCOVERED, IF ANY; AND16
	363	+	(III) THE OFFICER SEIZED ANY PROPERTY AND, IF SO, THE TYPE OF17
	364	+	PROPERTY THAT WAS SEIZED AND THE BASIS FOR SEIZING THE PROPERTY.18
	365	+	(2) THE COLORADO STATE PATROL AND LOCAL LAW ENFORCEMENT19
	366	+	AGENCIES SHALL NOT REPORT TO THE COMMITTEE THE NAMES ,20
	367	+	ADDRESSES, SOCIAL SECURITY NUMBERS, OR ANY OTHER UNIQUE21
	368	+	PERSONAL IDENTIFYING INFORMATION OF INDIVIDUALS CONTACTED ,22
	369	+	WARNED, TICKETED, ARRESTED, SEARCHED, OR SUBJECTED TO A PROPERTY23
	370	+	SEIZURE. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DATA24
	371	+	REPORTED PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC .25
	372	+	SECTION 6. In Colorado Revised Statutes, 43-2-145, add (2.1)26
	373	+	as follows:27
	374	+	065
	375	+	-11- 43-2-145. Transportation legislation review - committee -1
	376	+	definition - repeal. (2.1) (a) EACH LEGISLATIVE INTERIM , THE2
	377	+	COMMITTEE SHALL REVIEW THE INFORMATION PROVIDED TO THE3
	378	+	COMMITTEE FROM THE COLORADO STATE PATROL AND LOCAL LAW4
	379	+	ENFORCEMENT AGENCIES PURSUANT TO SECTION 24-33.5-231, INCLUDING5
	380	+	WHETHER AND TO WHAT DEGREE THE ENFORCEMENT OF SECTION 42-4-2396
	381	+	REFLECTS PRETEXTUAL STOPS OR DISPARATE RACIAL OR ETHNIC IMPACTS.7
	382	+	(b) (I) DURING THE 2029 LEGISLATIVE INTERIM, THE COMMITTEE8
	383	+	SHALL CONSIDER THE COMMUTATIVE INFORMATION REPORTED TO THE9
	384	+	COMMITTEE PURSUANT TO SECTION 24-33.5-231 AND SHALL MAKE A10
	385	+	RECOMMENDATION TO THE LEGISLATURE REGARDING WHETHER TO11
	386	+	CONTINUE THE EXISTENCE OF THE PROHIBITION ON THE USE OF MOBILE12
	387	+	ELECTRONIC DEVICES, AS SPECIFIED IN SECTION 42-4-239, OR ALLOW THE13
	388	+	PROHIBITION TO REPEAL.14
	389	+	(II) THIS SUBSECTION (2.1)(b) IS REPEALED, EFFECTIVE15
	390	+	SEPTEMBER 1, 2030.16
	391	+	SECTION 7. Appropriation. For the 2024-25 state fiscal year,17
	392	+	$6,900 is appropriated to the department of revenue for use by the18
	393	+	division of motor vehicles. This appropriation is from the Colorado19
	394	+	DRIVES vehicle services account in the highway users tax fund created20
	395	+	in section 42-1-211(2), C.R.S. To implement this act, the department may21
	396	+	use this appropriation for DRIVES maintenance and support.22
	397	+	SECTION 8. Act subject to petition - effective date -23
	398	+	applicability. (1) Except as specified in subsection (2) of this section,24
	399	+	this act takes effect at 12:01 a.m. on the day following the expiration of25
	400	+	the ninety-day period after final adjournment of the general assembly;26
	401	+	except that, if a referendum petition is filed pursuant to section 1 (3) of27
	402	+	065
	403	+	-12- article V of the state constitution against this act or an item, section, or1
	404	+	part of this act within such period, then the act, item, section, or part will2
	405	+	not take effect unless approved by the people at the general election to be3
	406	+	held in November 2024 and, in such case, will take effect on the date of4
	407	+	the official declaration of the vote thereon by the governor.5
	408	+	(2) Section 42-4-239, Colorado Revised Statutes, as amended in6
	409	+	section 1 of this act, takes effect January 1, 2025.7
	410	+	(3) This act applies to conduct occurring on or after the applicable8
	411	+	effective date of this act.9
	412	+	(2) This act applies to conduct occurring on or after the applicable10
	413	+	effective date of this act.11
	414	+	065
	415	+	-13-