SENATE BILL 24-065
BY SENATOR(S) Hansen and Fields, Bridges, Cutter, Exum, Hinrichsen,
Kolker, Marchman, Michaelson Jenet, Mullica, Roberts, Sullivan, Fenberg;
also REPRESENTATIVE(S) Froelich and Ortiz, Amabile, Bird,
Boesenecker, Brown, Duran, Hamrick, Kipp, Lieder, Lindsay, Lindstedt,
Lukens, Mauro, McCormick, Vigil, Young, McCluskie, Bacon, Clifford,
deGruy Kennedy, Epps, Garcia, Hernandez, Herod, Jodeh, Mabrey, Marvin,
McLachlan, Parenti, Rutinel, Sirota, Snyder, Soper, Story, Titone, Valdez,
Velasco, Weissman, Willford.
C
ONCERNING THE USE OF MOBILE ELECTRONIC DEVICES WHEN DRIVING A
MOTOR VEHICLE
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, 42-4-239 as follows:
42-4-239. Use of a mobile electronic device - definitions - penalty
- preemption - legislative declaration. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
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. (a) "EMERGENCY" MEANS A CIRCUMSTANCE IN WHICH AN
INDIVIDUAL
:
(I) H
AS REASON TO FEAR FOR THE INDIVIDUAL'S LIFE OR SAFETY OR
BELIEVES THAT A CRIMINAL ACT MAY BE PERPETRATED AGAINST THE
INDIVIDUAL OR ANOTHER INDIVIDUAL
, REQUIRING THE USE OF A MOBILE
ELECTRONIC DEVICE WHEN THE INDIVIDUAL IS DRIVING A MOTOR VEHICLE
;
OR
(II) REPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE
INJURIES ARE APPARENT
, A SERIOUS ROAD HAZARD , A MEDICAL OR
HAZARDOUS MATERIALS EMERGENCY
, OR AN INDIVIDUAL WHO IS DRIVING IN
A RECKLESS
, CARELESS, OR UNSAFE MANNER.
(b) "F
IRST RESPONDER" MEANS:
(I) A
PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;
(II) A
FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);
(III) A
VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION 31-30-1102
(9)(a);
(IV) A
N EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN
SECTION
25-3.5-103 (8); OR
(V) ANY OTHER INDIVIDUAL WHO RESPONDS IN A PROFESSIONAL
CAPACITY TO A PUBLIC SAFETY EMERGENCY
.
(c) "H
ANDS-FREE ACCESSORY" MEANS AN ACCESSORY WITH A
FEATURE OR FUNCTION THAT ENABLES AN INDIVIDUAL TO USE A MOBILE
ELECTRONIC DEVICE WITHOUT USING EITHER HAND
, EXCEPT TO ACTIVATE,
DEACTIVATE, OR INITIATE THE FEATURE OR FUNCTION WITH A SINGLE TOUCH
OR SINGLE SWIPE
.
(d) (I) "M
OBILE ELECTRONIC DEVICE" MEANS A HANDHELD OR
PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE
COMMUNICATION BETWEEN TWO OR MORE PERSONS
, AMUSEMENT, OR THE
WIRELESS TRANSFER OF DATA
.
PAGE 2-SENATE BILL 24-065 (II) "MOBILE ELECTRONIC DEVICE" DOES NOT INCLUDE:
(A) A
RADIO, CITIZENS BAND RADIO, OR CITIZENS BAND RADIO
HYBRID
;
(B) A
COMMERCIAL TWO-WAY RADIO COMMUNICATION DEVICE OR
ITS FUNCTIONAL EQUIVALENT
;
(C) A
SUBSCRIPTION-BASED EMERGENCY COMMUNICATION DEVICE ;
(D) A
PRESCRIBED MEDICAL DEVICE;
(E) A
N AMATEUR OR HAM RADIO DEVICE ; OR
(F) SYSTEMS THAT ARE DESIGNED FOR AND INSTALLED WITHIN THE
VEHICLE
'S ELECTRONICS, SUCH AS AN IN-VEHICLE SECURITY, NAVIGATION,
COMMUNICATIONS, OR REMOTE DIAGNOSTICS SYSTEM .
(e) "O
PERATING A MOTOR VEHICLE " MEANS DRIVING A MOTOR
VEHICLE ON A PUBLIC HIGHWAY
. "OPERATING A MOTOR VEHICLE" DOES NOT
INCLUDE MAINTAINING THE INSTRUMENTS OF CONTROL OF A MOTOR VEHICLE
WHILE THE MOTOR VEHICLE IS AT REST IN A SHOULDER LANE OR LAWFULLY
PARKED
.
(f) "U
SE" OR "USING" MEANS:
(I) P
HYSICALLY HOLDING A MOBILE ELECTRONIC DEVICE IN THE
DRIVER
'S HAND OR PINNING A MOBILE ELECTRONIC DEVICE TO A DRIVER 'S
EAR TO CONDUCT VOICE
-BASED COMMUNICATION ; EXCEPT THAT AN
INDIVIDUAL MAY USE A SPEAKER OR OTHER LISTENING DEVICE THAT IS BUILT
INTO PROTECTIVE HEADGEAR OR A DEVICE OR PORTION OF A DEVICE THAT
ONLY COVERS ALL OR A PORTION OF ONE EAR AND THAT IS CONNECTED TO
A WIRELESS
, HANDHELD TELEPHONE AS PROVIDED IN SECTION 42-4-1411;
(II) W
ATCHING A VIDEO OR MOVIE ON A MOBILE ELECTRONIC DEVICE ,
OTHER THAN WATCHING DATA RELATED TO THE NAVIGATION OF THE MOTOR
VEHICLE
; OR
(III) WRITING, SENDING, OR READING TEXT-BASED COMMUNICATION ,
INCLUDING A TEXT MESSAGE , INSTANT MESSAGE, E-MAIL, OR INTERNET
PAGE 3-SENATE BILL 24-065 DATA, ON A MOBILE ELECTRONIC DEVICE ; EXCEPT THAT TEXT-BASED
COMMUNICATION DOES NOT INCLUDE
:
(A) A
VOICE-BASED COMMUNICATION THAT IS AUTOMATICALLY
CONVERTED BY THE MOBILE ELECTRONIC DEVICE TO BE SENT AS A MESSAGE
IN WRITTEN FORM
; OR
(B) COMMUNICATION CONCERNING THE NAVIGATION OF A MOTOR
VEHICLE
.
(2) E
XCEPT AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION, AN
INDIVIDUAL SHALL NOT USE A MOBILE ELECTRONIC DEVICE WHILE
OPERATING A MOTOR VEHICLE
.
(3) I
T IS NOT A VIOLATION OF SUBSECTION (2) OF THIS SECTION TO
USE A MOBILE ELECTRONIC DEVICE
:
(a) T
O CONTACT A PUBLIC SAFETY ENTITY;
(b) D
URING AN EMERGENCY;
(c) W
HEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING
WITHIN THE SCOPE OF THE EMPLOYEE
'S OR CONTRACTOR'S DUTIES WHEN
RESPONDING TO A UTILITY EMERGENCY
;
(d) W
HEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY IS
ACTING WITHIN THE SCOPE OF THE EMPLOYEE
'S OR CONTRACTOR'S DUTIES AS
A CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION OFFICER
; OR
(e) DURING THE PERFORMANCE OF A FIRST RESPONDER 'S OFFICIAL
DUTIES
.
(4) (a) E
XCEPT AS PROVIDED IN SUBSECTION (4)(b) OF THIS SECTION,
AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS A TRAFFIC
INFRACTION
, AND THE COURT SHALL ASSESS A PENALTY AS FOLLOWS :
(I) A
FINE OF SEVENTY-FIVE DOLLARS AND A SURCHARGE OF TEN
DOLLARS FOR THE FIRST OFFENSE WITHIN THE IMMEDIATELY PRECEDING
TWENTY
-FOUR MONTHS;
PAGE 4-SENATE BILL 24-065 (II) A FINE OF ONE HUNDRED FIFTY DOLLARS AND A SURCHARGE OF
TEN DOLLARS FOR THE SECOND OFFENSE WITHIN THE IMMEDIATELY
PRECEDING TWENTY
-FOUR MONTHS; OR
(III) A FINE OF TWO HUNDRED FIFTY DOLLARS AND A SURCHARGE OF
TEN DOLLARS FOR THE THIRD OR SUBSEQUENT OFFENSE WITHIN THE
IMMEDIATELY PRECEDING TWENTY
-FOUR MONTHS.
(b) (I) A
N INDIVIDUAL CHARGED WITH VIOLATING SUBSECTION (2) OF
THIS SECTION SHALL NOT BE CONVICTED IF THE INDIVIDUAL
:
(A) P
RODUCES A HANDS-FREE ACCESSORY OR PROOF OF PURCHASE
OF A HANDS
-FREE ACCESSORY; AND
(B) AFFIRMS UNDER PENALTY OF PERJURY THAT THE INDIVI DUAL HAS
NOT PREVIOUSLY HAD A CHARGE DISMISSED UNDER THIS SUBSECTION
(4)(b).
(II) T
HE COURT CLERK MAY DISMISS THE CHARGE IF THE CLERK
VERIFIES THAT THE INDIVIDUAL HAS COMPLIED WITH BOTH SUBSECTIONS
(4)(b)(I)(A) AND (4)(b)(I)(B) OF THIS SECTION.
(c) I
F THE INDIVIDUAL'S ACTIONS ARE THE PROXIMATE CAUSE OF
BODILY INJURY TO ANOTHER
, THE INDIVIDUAL COMMITS A CLASS 1
MISDEMEANOR TRAFFIC OFFENSE AND SHALL BE PUNISHED AS PROVIDED IN
SECTION
42-4-1701 (3)(a)(II).
(d) I
F THE INDIVIDUAL'S ACTIONS ARE THE PROXIMATE CAUSE OF
DEATH TO ANOTHER
, THE INDIVIDUAL COMMITS A CLASS 1 MISDEMEANOR
TRAFFIC OFFENSE AND SHALL BE PUNISHED AS PROVIDED IN SECTION
42-4-1701 (3)(a)(II).
(5) T
HIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WITH A
COMMERCIAL DRIVER
'S LICENSE WHO IS OPERATING A COMMERCIAL VEHICLE.
(6) A
N INDIVIDUAL OPERATING A MOTOR VEHICLE SHALL NOT BE
CITED FOR A VIOLATION OF SUBSECTION
(2) OF THIS SECTION UNLESS A LAW
ENFORCEMENT OFFICER SAW THE INDIVIDUAL USE A MOBILE ELECTRONIC
DEVICE IN A MANNER THAT CAUSED THE INDIVIDUAL TO DRIVE IN A
CARELESS AND IMPRUDENT MANNER
, WITHOUT DUE REGARD FOR THE WIDTH,
GRADE, CURVES, CORNERS, TRAFFIC, AND USE OF THE STREETS AND
PAGE 5-SENATE BILL 24-065 HIGHWAYS AND ALL OTHER ATTENDANT CIRCUMSTANCES , AS PROHIBITED BY
SECTION
42-4-1402.
(7) T
HIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND
FORFEITURE OF A MOBILE ELECTRONIC DEVICE
, UNLESS OTHERWISE
PROVIDED BY LAW
.
SECTION 2. In Colorado Revised Statutes, add 43-1-132 as
follows:
43-1-132. Mobile electronic device education - repeal. (1) B
Y
OCTOBER 1, 2024, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR 'S
DESIGNEE SHALL
, IN CONSULTATION WITH THE CHIEF OF THE COLORADO
STATE PATROL
, CREATE A CULTURALLY AND LINGUISTICALLY COMPETENT
CAMPAIGN RAISING PUBLIC AWARENESS OF THE REQUIREMENTS OF SECTION
42-4-239 AND OF THE DANGERS OF USING MOBILE ELECTRONIC DEVICES
WHEN DRIVING
.
(2) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 3. In Colorado Revised Statutes, 42-2-127, amend
(5)(jj) and (5)(jj.5); and add (5)(jj.7) as follows:
42-2-127. Authority to suspend license - to deny license - type of
conviction - points. (5) Point system schedule:
Type of conviction Points
(jj) A violation of section 42-4-239 (2)
IF THE PERSON HAS NOT BEEN
CONVICTED OF THE SAME VIOLATION WITHIN THE IMMEDIATELY PRECEDING
TWENTY
-FOUR MONTHS..................................... 1 2
(jj.5) A
SECOND violation of section 42-4-239 (3)
WITHIN THE
IMMEDIATELY PRECEDING TWENTY
-FOUR MONTHS................ 4
3
(jj.7) A
THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-239
WITHIN THE IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS....... 4
SECTION 4. In Colorado Revised Statutes, 42-4-1701, amend
(4)(a)(I)(D) and (4)(a)(I)(P) as follows:
PAGE 6-SENATE BILL 24-065 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
(D) Equipment violations:
42-4-201 $ 35.00 $ 10.00
42-4-202 35.00 10.00
42-4-204 15.00 6.00
42-4-205 15.00 6.00
42-4-206 15.00 6.00
42-4-207 15.00 6.00
42-4-208 15.00 6.00
42-4-209 15.00 6.00
42-4-210 15.00 6.00
42-4-211 15.00 6.00
42-4-212 15.00 6.00
42-4-213 15.00 6.00
42-4-214 15.00 6.00
42-4-215 15.00 6.00
42-4-216 15.00 6.00
42-4-217 15.00 6.00
42-4-218 15.00 6.00
42-4-219 15.00 6.00
42-4-220 15.00 6.00
42-4-221 15.00 6.00
PAGE 7-SENATE BILL 24-065 42-4-222 (1) 15.00 6.00
42-4-223 15.00 6.00
42-4-224 15.00 6.00
42-4-225 (1) 15.00 6.00
42-4-226 15.00 6.00
42-4-227 50.00 16.00
42-4-228 (1), (2), (3),
(5), or (6) 15.00 6.00
42-4-229 15.00 6.00
42-4-230 15.00 6.00
42-4-231 15.00 6.00
42-4-232 15.00 6.00
42-4-233 75.00 24.00
42-4-234 15.00 6.00
42-4-235 50.00 16.00
42-4-236 65.00 16.00
42-4-237 65.00 6.00
42-4-239 (4)(a)(I) 75.00 10.00
42-4-239 (4)(a)(II) 150.00 10.00
42-4-239 (4)(a)(III) 250.00 10.00
42-4-241 65.00 16.00
42-4-1411 15.00 6.00
42-4-1412 15.00 6.00
42-4-1901 35.00 10.00
(P) Offenses by persons controlling vehicles:
42-4-239 (5)(a)
$ 50.00 $ 6.00
42-4-239 (5)(b) 100.00 6.00
42-4-239 (5.5) 300.00 6.00
42-4-1704 $ 15.00 $ 6.00
SECTION 5. Appropriation. For the 2024-25 state fiscal year,
$6,900 is appropriated to the department of revenue for use by the division
of motor vehicles. This appropriation is from the Colorado DRIVES vehicle
services account in the highway users tax fund created in section
42-1-211(2), C.R.S. To implement this act, the department may use this
appropriation for DRIVES maintenance and support.
SECTION 6. Act subject to petition - effective date -
applicability. (1) Except as specified in subsection (2) of this section, this
PAGE 8-SENATE BILL 24-065 act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
(2) Section 42-4-239, Colorado Revised Statutes, as amended in
section 1 of this act, takes effect January 1, 2025.
PAGE 9-SENATE BILL 24-065 (3) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________ ____________________________
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 10-SENATE BILL 24-065