Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0645.02 Conrad Imel x2313
SENATE BILL 24-090
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING POSSESSION OF ID ENTIFYING INFORMATION WHILE101
DRIVING, AND, IN CONNECTION THEREWITH , INCREASING THE102
PENALTY FOR A DRIVER WHO REFUSES TO PROVIDE TO A PEACE103
OFFICER IDENTIFYING INFORMATION THAT IS IN THE DRIVER 'S104
POSSESSION.105
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, a driver must be in immediate possession of
the driver's driver's license or instruction permit while driving. The bill
SENATE SPONSORSHIP
Will and Bridges,
HOUSE SPONSORSHIP
Bird and Evans, Soper
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. allows a driver who is not in possession of the person's physical driver's
license or permit to possess and present a digital license or permit instead.
Under existing law, it is a class A traffic infraction for a driver
who is in possession of a driver's license, instruction permit, or
identification card to refuse to provide that identification, upon request,
to a peace officer who reasonably suspects the driver has violated a traffic
law. The bill requires a person who has in the person's possession a
digital driver's license or identification card (digital identification) to
provide the digital identification, upon request, to a peace officer who
reasonably suspects the driver has violated a traffic law. The bill makes
it a class 2 misdemeanor traffic offense to refuse to provide a driver's
license, instruction permit, identification card, or digital identification to
a peace officer. The bill removes the specified penalty and surcharge for
the traffic infraction.
The bill permits a driver who does not have the person's driver's
or minor driver's license in the person's immediate possession to present
to a requesting peace officer a digital driver's license or identification
card as a form of personal identification.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-2-101, amend (3)2
and (5) as follows:3
42-2-101. Licenses for drivers required - penalty - definition.4
(3) No
A person shall NOT drive any motor vehicle upon a highway in5
this state unless such THE person has in his or her THE PERSON'S6
immediate possession a current driver's or minor driver's license or an7
instruction permit issued by the department under this article ARTICLE 2.8
I
F A PERSON IS NOT IN IMMEDIATE POSSESSION OF THE PERSON'S PHYSICAL9
DRIVER'S OR MINOR DRIVER'S LICENSE OR INSTRUCTION PERMIT , THE10
PERSON DOES NOT VIOLATE THIS SUBSECTION (3) IF THE PERSON IS IN11
POSSESSION OF, AND PRESENTS TO A PEACE OFFICER, A VALID DRIVER'S OR12
MINOR DRIVER'S LICENSE OR AN INSTRUCTION PERMIT IN A DIGITAL13
FORMAT ISSUED PURSUANT TO THIS ARTICLE 2.14
(5) No
A person who has been issued a currently valid driver's or15
SB24-090-2- minor driver's license or an instruction permit shall NOT operate a motor1
vehicle upon a highway in this state without having such THE license or2
permit in such THE person's immediate possession. IF A PERSON IS NOT IN3
IMMEDIATE POSSESSION OF THE PERSON 'S PHYSICAL DRIVER'S OR MINOR4
DRIVER'S LICENSE OR INSTRUCTION PERMIT , THE PERSON DOES NOT5
VIOLATE THIS SUBSECTION (5) IF THE PERSON IS IN POSSESSION OF, AND6
PRESENTS TO A PEACE OFFICER, A VALID DRIVER'S OR MINOR DRIVER'S7
LICENSE OR AN INSTRUCTION PERMIT IN A DIGITAL FORMAT ISSUED8
PURSUANT TO THIS ARTICLE 2.9
SECTION 2. In Colorado Revised Statutes, amend 42-2-115 as10
follows:11
42-2-115. License, permit, or identification card to be12
exhibited on demand - penalty. (1) No person who has been issued a13
driver's or minor driver's license or an instruction permit or an14
identification card as defined in section 42-2-301 (2), who operates a15
motor vehicle in this state, and who has such THE license, permit, or16
identification card,
OR A DIGITAL DRIVER'S LICENSE OR IDENTIFICATION17
CARD ISSUED PURSUANT TO THIS ARTICLE 2, in such
THE person's18
immediate possession shall refuse to remove such THE license, permit, or19
identification card,
OR DIGITAL DRIVER'S LICENSE OR IDENTIFICATION20
CARD from any billfold, purse, cover, or other container and to hand OR21
PRESENT the same to any peace officer who has requested such
THE22
person to do so if such THE peace officer reasonably suspects that such23
THE person is committing, has committed, or is about to commit a24
violation of article 2, 3, 4, 5, 6, 7, or 8 of this title TITLE 42. A PERSON25
WHO IS IN POSSESSION OF AND PRESENTS A DRIVER'S LICENSE OR DIGITAL26
DRIVER'S LICENSE ISSUED PURSUANT TO THIS ARTICLE 2 IS IN POSSESSION27
SB24-090
-3- OF A DRIVER'S LICENSE FOR THE PURPOSE OF SECTION 42-2-101 (3) AND1
(5).2
(2) Any person who violates any provision of this section commits3
a class A traffic infraction CLASS 2 MISDEMEANOR TRAFFIC OFFENSE .4
(3) A
PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE5
AND DOES NOT HAVE THE PERSON'S DRIVER'S OR MINOR DRIVER'S LICENSE6
IN THE PERSON'S IMMEDIATE POSSESSION MAY PRESENT TO A REQUESTING7
PEACE OFFICER A DIGITAL DRIVER'S LICENSE OR IDENTIFICATION CARD8
ISSUED PURSUANT TO THIS ARTICLE 2 AS A FORM OF PERSONAL9
IDENTIFICATION.10
SECTION 3. In Colorado Revised Statutes, 42-4-1701, amend11
(4)(a)(I)(A) as follows:12
42-4-1701. Traffic offenses and infractions classified -13
penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except14
as provided in subsection (5)(c) of this section, every person who is15
convicted of, who admits liability for, or against whom a judgment is16
entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)17
of this section applies shall be fined or penalized and have a surcharge18
levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10419
(1)(b)(I), in accordance with the penalty and surcharge schedule set forth20
in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty21
or surcharge is specified in the schedule, the penalty for class A and class22
B traffic infractions is fifteen dollars and the surcharge is four dollars.23
These penalties and surcharges apply whether the defendant24
acknowledges the defendant's guilt or liability in accordance with the25
procedure set forth by subsection (5)(a) of this section, is found guilty by26
a court of competent jurisdiction, or has judgment entered against the27
SB24-090
-4- defendant by a county court magistrate. Penalties and surcharges for1
violating specific sections are as follows:2
Section Violated Penalty Surcharge3
(A) Drivers' license violations:4
42-2-101 $ 35.00 $ 10.005
42-2-101 (2), (3), or (5) 15.00 6.006
42-2-103 15.00 6.007
42-2-105 70.00 10.008
42-2-105.5 (4) 65.00 10.009
42-2-106 70.00 10.0010
42-2-115 35.00 10.0011
42-2-116 (6)(a) 30.00 6.0012
42-2-119 15.00 6.0013
42-2-134 35.00 10.0014
42-2-136 35.00 10.0015
42-2-138 100.00 15.0016
42-2-139 35.00 10.0017
42-2-140 35.00 10.0018
42-2-141 35.00 10.0019
42-2-204 70.00 10.0020
42-2-404 100.00 15.0021
SECTION 4. Applicability. This act applies to offenses22
committed on or after the effective date of this act.23
SECTION 5. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
SB24-090
-5- the support and maintenance of the departments of the state and state1
institutions.2
SB24-090
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