Colorado 2024 Regular Session

Colorado Senate Bill SB090 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Second Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 24-0645.02 Conrad Imel x2313
8	8		SENATE BILL 24-090
9	9		Senate Committees House Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING POSSESSION OF ID ENTIFYING INFORMATION WHILE101
14	14		DRIVING, AND, IN CONNECTION THEREWITH , REQUIRING A
15	15		102
16	16		DRIVER TO PROVIDE IDENTIFYING INFORMATION TO A PEACE103
17	17		OFFICER UPON REQUEST . 104
18	18		Bill Summary
19	19		(Note: This summary applies to this bill as introduced and does
20	20		not reflect any amendments that may be subsequently adopted. If this bill
21	21		passes third reading in the house of introduction, a bill summary that
22	22		applies to the reengrossed version of this bill will be available at
23	23		http://leg.colorado.gov
24	24		.)
25	25		Under existing law, a driver must be in immediate possession of
26	26		the driver's driver's license or instruction permit while driving. The bill
27	27		allows a driver who is not in possession of the person's physical driver's
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 24, 2024
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 23, 2024
34	31		SENATE SPONSORSHIP
35		-	Will and Bridges, ~~Gardner, Hinrichsen, Kirkmeyer, Kolker, Liston, Lundeen, Priola, Rich~~
	32	+	Will and Bridges,
36	33		HOUSE SPONSORSHIP
37	34		Bird and Evans, Soper
38	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
39	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
40	37		Dashes through the words or numbers indicate deletions from existing law. license or permit to possess and present a digital license or permit instead.
41	38		Under existing law, it is a class A traffic infraction for a driver
42	39		who is in possession of a driver's license, instruction permit, or
43	40		identification card to refuse to provide that identification, upon request,
44	41		to a peace officer who reasonably suspects the driver has violated a traffic
45	42		law. The bill requires a person who has in the person's possession a
46	43		digital driver's license or identification card (digital identification) to
47	44		provide the digital identification, upon request, to a peace officer who
48	45		reasonably suspects the driver has violated a traffic law. The bill makes
49	46		it a class 2 misdemeanor traffic offense to refuse to provide a driver's
50	47		license, instruction permit, identification card, or digital identification to
51	48		a peace officer. The bill removes the specified penalty and surcharge for
52	49		the traffic infraction.
53	50		The bill permits a driver who does not have the person's driver's
54	51		or minor driver's license in the person's immediate possession to present
55	52		to a requesting peace officer a digital driver's license or identification
56	53		card as a form of personal identification.
57	54		Be it enacted by the General Assembly of the State of Colorado:1
58	55		SECTION 1. In Colorado Revised Statutes, 42-1-102, add (29.9)
59	56		2
60	57		as follows:3
61	58		42-1-102. Definitions. As used in articles 1 to 4 of this title 42,4
62	59		unless the context otherwise requires:5
63	60		(28.9) "E
64	61		LECTRONIC IDENTIFICATION CREDENTIAL " MEANS A
65	62		6
66	63		DEPARTMENT-APPROVED ELECTRONIC EXTENSION OF A PHYSICAL DRIVER 'S7
67	64		LICENSE, MINOR DRIVER 'S LICENSE, INSTRUCTION PERMIT , OR8
68	65		IDENTIFICATION CARD ISSUED BY THE DEPARTMENT PURSUANT TO ARTICLE9
69	66		2
70	67		OF THIS TITLE 42.
71	68		10
72	69		SECTION 2. In Colorado Revised Statutes, amend 42-1-204 as11
73	70		follows:12
74	71		42-1-204. Uniform rules and regulations. (1) The executive13
75	72		director of the department has the power to make uniform rules and14
76	73		regulations not inconsistent with articles 1 to 4 THIS ARTICLE 1 AND15
77	74		ARTICLES 2 TO 4 of this title TITLE 42 and to enforce the same.16
78	75		090-2- (2) THE EXECUTIVE DIRECTOR MAY PROMULGATE RULES1
79	76		REGARDING APPROVAL OF ELECTRONIC IDENTIFICATION CREDENTIALS BY2
80	77		THE DEPARTMENT.3
81	78		SECTION 3. In Colorado Revised Statutes, 42-2-101, amend (3)4
82	79		and (5) as follows:5
83	80		42-2-101. Licenses for drivers required - penalty - definition.6
84	81		(3) No A person shall NOT drive any motor vehicle upon a highway in7
85	82		this state unless such THE person has in his or her THE PERSON'S8
86	83		immediate possession a current driver's or minor driver's license or an9
87	84		instruction permit issued by the department under this article ARTICLE 2.10
88	85		I
89	86		F A PERSON IS NOT IN IMMEDIATE POSSESSION OF THE PERSON'S PHYSICAL11
90	87		DRIVER'S OR MINOR DRIVER'S LICENSE OR INSTRUCTION PERMIT , THE12
91	88		PERSON DOES NOT VIOLATE THIS SUBSECTION (3) IF THE PERSON IS IN13
92	89		POSSESSION OF, AND PRESENTS TO A PEACE OFFICER , AN ELECTRONIC
93	90		14
94	91		IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE PERSON 'S15
95	92		DRIVER'S OR MINOR DRIVER'S LICENSE OR AN INSTRUCTION PERMIT.16
96	93		(5) No A person who has been issued a currently valid driver's or17
97	94		minor driver's license or an instruction permit shall
98	95		NOT operate a motor18
99	96		vehicle upon a highway in this state without having such
100	97		THE license or19
101	98		permit in such THE person's immediate possession. IF A PERSON IS NOT IN20
102	99		IMMEDIATE POSSESSION OF THE PERSON 'S PHYSICAL DRIVER'S OR MINOR21
103	100		DRIVER'S LICENSE OR INSTRUCTION PERMIT , THE PERSON DOES NOT22
104	101		VIOLATE THIS SUBSECTION (5) IF THE PERSON IS IN POSSESSION OF, AND23
105	102		PRESENTS TO A PEACE OFFICER , AN ELECTRONIC IDENTIFICATION24
106	103		CREDENTIAL THAT IS AN EXTENSION OF THE PERSON 'S DRIVER'S OR MINOR25
107	104		DRIVER'S LICENSE OR AN INSTRUCTION PERMIT.26
108	105		SECTION 4. In Colorado Revised Statutes, amend 42-2-115 as27
109	106		090
110	107		-3- follows:1
111	108		42-2-115. License, permit, or identification card to be2
112	109		exhibited on demand - failure to provide identifying information -3
113	110		penalty - definition. (1) No person who has been issued a driver's or4
114	111		minor driver's license or an instruction permit or an identification card as5
115	112		defined in section 42-2-301 (2), who operates a motor vehicle in this6
116	113		state, and who has such THE license, permit, or identification card, OR AN7
117	114		ELECTRONIC IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE8
118	115		SAME in such THE person's immediate possession shall refuse to remove9
119	116		such THE license, permit, or identification card, OR ELECTRONIC10
120	117		IDENTIFICATION CREDENTIAL from any billfold, purse, cover, or other11
121	118		container and to hand
122	119		OR PRESENT the same to any peace officer who has12
123	120		requested such
124	121		THE person to do so if such THE peace officer reasonably13
125	122		suspects that such THE person is committing, has committed, or is about14
126	123		to commit a violation of article 2, 3, 4, 5, 6, 7, or 8 of this title TITLE 42.15
127	124		A
128	125		PERSON WHO IS IN POSSESSION OF AND PRESENTS AN ELECTRONIC
129	126		16
130	127		IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE PERSON 'S17
131	128		DRIVER'S LICENSE OR DIGITAL DRIVER'S LICENSE ISSUED PURSUANT TO THIS18
132	129		ARTICLE 2 IS IN POSSESSION OF A DRIVER'S LICENSE FOR THE PURPOSE OF19
133	130		SECTION 42-2-101 (3) AND (5).20
134	131		(2) Any person who violates any provision SUBSECTION (1) of this21
135	132		section commits a class A traffic infraction.22
136	133		(3) (a) A
137	134		PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE
138	135		23
139	136		WHO DOES NOT HAVE THE PERSON'S DRIVER'S OR MINOR DRIVER'S LICENSE,24
140	137		INSTRUCTION PERMIT, OR IDENTIFICATION CARD, OR AN ELECTRONIC25
141	138		IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE SAME , IN THE26
142	139		PERSON'S IMMEDIATE POSSESSION SHALL , UPON REQUEST OF A PEACE27
143	140		090
144	141		-4- OFFICER, PROVIDE PERSONALLY IDENTIFYING INFORMATION TO THE PEACE1
145	142		OFFICER.2
146	143		(b) A
147	144		PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE
148	145		3
149	146		WHO HAS THE PERSON 'S DRIVER'S OR MINOR DRIVER 'S LICENSE,4
150	147		INSTRUCTION PERMIT, OR IDENTIFICATION CARD, OR AN ELECTRONIC5
151	148		IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE SAME , IN THE6
152	149		PERSON'S IMMEDIATE POSSESSION BUT REFUSES TO PRESENT IT TO A PEACE7
153	150		OFFICER SHALL, UPON REQUEST OF THE PEACE OFFICER , PROVIDE8
154	151		PERSONALLY IDENTIFYING INFORMATION TO THE PEACE OFFICER .9
155	152		(c) A
156	153		PERSON WHO VIOLATES SUBSECTION (3)(a) OR (3)(b) OF THIS
157	154		10
158	155		SECTION COMMITS FAILURE TO PROVIDE IDENTIFYING INFORMATION TO A11
159	156		PEACE OFFICER BY A DRIVER.12
160	157		(d) F
161	158		AILURE TO PROVIDE IDENTIFYING INFORMATION TO A PEACE
162	159		13
163	160		OFFICER BY A DRIVER IS A CLASS 2 MISDEMEANOR TRAFFIC OFFENSE .14
164	161		(e) A
165	162		PEACE OFFICER SHALL ISSUE A WRITTEN NOTICE OR SUMMONS
166	163		15
167	164		TO APPEAR IN COURT, AS PROVIDED IN SECTION 42-4-1707, TO A PERSON16
168	165		FOR A VIOLATION OF THIS SUBSECTION (3). A PEACE OFFICER SHALL NOT17
169	166		ARREST A PERSON FOR A VIOLATION OF THIS SUBSECTION (3), BUT MAY18
170	167		DETAIN THE PERSON TO ASCERTAIN THE PERSON 'S IDENTITY. A PEACE19
171	168		OFFICER SHALL NOT DETAIN THE PERSON LONGER THAN REASONABLY20
172	169		NECESSARY TO ASCERTAIN THE PERSON 'S IDENTITY.21
173	170		(4) I
174	171		F A PEACE OFFICER ASKS A DRIVER FOR PERSONALLY
175	172		22
176	173		IDENTIFYING INFORMATION AND THERE ARE PASSENGERS IN THE DRIVER 'S23
177	174		VEHICLE, THE DRIVER MAY REQUEST TO EXIT THE VEHICLE TO PROVIDE THE24
178	175		PERSONALLY IDENTIFYING INFORMATION TO THE PEACE OFFICER AWAY25
179	176		FROM THE PASSENGERS.26
180	177		(5) A
181	178		S USED IN THIS SECTION, "PERSONALLY IDENTIFYING
182	179		27
183	180		090
184	181		-5- INFORMATION" INCLUDES ANY OF THE FOLLOWING:1
185	182		(a) A
186	183		PASSPORT;
187	184		2
188	185		(b) A
189	186		DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY
190	187		3
191	188		ANOTHER STATE OR COUNTRY ;4
192	189		(c) T
193	190		HE PERSON'S NAME AND BIRTH DATE; OR
194	191		5
195	192		(d) A
196	193		NY OTHER IDENTIFYING INFORMATION AS PART OF A
197	194		6
198	195		REASONABLE ATTEMPT TO COMMUNICATE THE PERSON 'S IDENTITY TO A7
199	196		PEACE OFFICER.8
200	197		SECTION 5. In Colorado Revised Statutes, 42-4-1701, amend9
201	198		(4)(a)(I)(A) as follows:10
202	199		42-4-1701. Traffic offenses and infractions classified -11
203	200		penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except12
204	201		as provided in subsection (5)(c) of this section, every person who is13
205	202		convicted of, who admits liability for, or against whom a judgment is14
206	203		entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)15
207	204		of this section applies shall be fined or penalized and have a surcharge16
208	205		levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10417
209	206		(1)(b)(I), in accordance with the penalty and surcharge schedule set forth18
210	207		in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty19
211	208		or surcharge is specified in the schedule, the penalty for class A and class20
212	209		B traffic infractions is fifteen dollars and the surcharge is four dollars.21
213	210		These penalties and surcharges apply whether the defendant22
214	211		acknowledges the defendant's guilt or liability in accordance with the23
215	212		procedure set forth by subsection (5)(a) of this section, is found guilty by24
216	213		a court of competent jurisdiction, or has judgment entered against the25
217	214		defendant by a county court magistrate. Penalties and surcharges for26
218	215		violating specific sections are as follows:27
219	216		090
220	217		-6- Section Violated Penalty Surcharge1
221	218		(A) Drivers' license violations:2
222	219		42-2-101 $ 35.00 $ 10.003
223	220		42-2-101 (2), (3), or (5) 15.00 6.004
224	221		42-2-103 15.00 6.005
225	222		42-2-105 70.00 10.006
226	223		42-2-105.5 (4) 65.00 10.007
227	224		42-2-106 70.00 10.008
228	225		42-2-115 35.00 10.009
229	226		42-2-116 (6)(a) 30.00 6.0010
230	227		42-2-119 15.00 6.0011
231	228		42-2-134 35.00 10.0012
232	229		42-2-136 35.00 10.0013
233	230		42-2-138 100.00 15.0014
234	231		42-2-139 35.00 10.0015
235	232		42-2-140 35.00 10.0016
236	233		42-2-141 35.00 10.0017
237	234		42-2-204 70.00 10.0018
238	235		42-2-404 100.00 15.0019
239	236		SECTION 6. Effective date - applicability. This act takes effect20
240	237		March 31, 2025, and applies to offenses committed on or after said date.21
241	238		SECTION 7. Safety clause. The general assembly finds,22
242	239		determines, and declares that this act is necessary for the immediate23
243	240		preservation of the public peace, health, or safety or for appropriations for24
244	241		the support and maintenance of the departments of the state and state25
245	242		institutions.26
246	243		090
247	244		-7-