Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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 , REQUIRING A
102
DRIVER TO PROVIDE IDENTIFYING INFORMATION TO A PEACE103
OFFICER UPON REQUEST . 104
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
allows a driver who is not in possession of the person's physical driver's
SENATE
3rd Reading Unamended
April 24, 2024
SENATE
Amended 2nd Reading
April 23, 2024
SENATE SPONSORSHIP
Will and Bridges, Gardner, Hinrichsen, Kirkmeyer, Kolker, Liston, Lundeen, Priola, Rich
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. 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, 42-1-102, add (29.9)
2
as follows:3
42-1-102. Definitions. As used in articles 1 to 4 of this title 42,4
unless the context otherwise requires:5
(28.9) "E
LECTRONIC IDENTIFICATION CREDENTIAL " MEANS A
6
DEPARTMENT-APPROVED ELECTRONIC EXTENSION OF A PHYSICAL DRIVER 'S7
LICENSE, MINOR DRIVER 'S LICENSE, INSTRUCTION PERMIT , OR8
IDENTIFICATION CARD ISSUED BY THE DEPARTMENT PURSUANT TO ARTICLE9
2
OF THIS TITLE 42.
10
SECTION 2. In Colorado Revised Statutes, amend 42-1-204 as11
follows:12
42-1-204. Uniform rules and regulations. (1) The executive13
director of the department has the power to make uniform rules and14
regulations not inconsistent with articles 1 to 4 THIS ARTICLE 1 AND15
ARTICLES 2 TO 4 of this title TITLE 42 and to enforce the same.16
090-2- (2) THE EXECUTIVE DIRECTOR MAY PROMULGATE RULES1
REGARDING APPROVAL OF ELECTRONIC IDENTIFICATION CREDENTIALS BY2
THE DEPARTMENT.3
SECTION 3. In Colorado Revised Statutes, 42-2-101, amend (3)4
and (5) as follows:5
42-2-101. Licenses for drivers required - penalty - definition.6
(3) No A person shall NOT drive any motor vehicle upon a highway in7
this state unless such THE person has in his or her THE PERSON'S8
immediate possession a current driver's or minor driver's license or an9
instruction permit issued by the department under this article ARTICLE 2.10
I
F A PERSON IS NOT IN IMMEDIATE POSSESSION OF THE PERSON'S PHYSICAL11
DRIVER'S OR MINOR DRIVER'S LICENSE OR INSTRUCTION PERMIT , THE12
PERSON DOES NOT VIOLATE THIS SUBSECTION (3) IF THE PERSON IS IN13
POSSESSION OF, AND PRESENTS TO A PEACE OFFICER , AN ELECTRONIC
14
IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE PERSON 'S15
DRIVER'S OR MINOR DRIVER'S LICENSE OR AN INSTRUCTION PERMIT.16
(5) No A person who has been issued a currently valid driver's or17
minor driver's license or an instruction permit shall
NOT operate a motor18
vehicle upon a highway in this state without having such
THE license or19
permit in such THE person's immediate possession. IF A PERSON IS NOT IN20
IMMEDIATE POSSESSION OF THE PERSON 'S PHYSICAL DRIVER'S OR MINOR21
DRIVER'S LICENSE OR INSTRUCTION PERMIT , THE PERSON DOES NOT22
VIOLATE THIS SUBSECTION (5) IF THE PERSON IS IN POSSESSION OF, AND23
PRESENTS TO A PEACE OFFICER , AN ELECTRONIC IDENTIFICATION24
CREDENTIAL THAT IS AN EXTENSION OF THE PERSON 'S DRIVER'S OR MINOR25
DRIVER'S LICENSE OR AN INSTRUCTION PERMIT.26
SECTION 4. In Colorado Revised Statutes, amend 42-2-115 as27
090
-3- follows:1
42-2-115. License, permit, or identification card to be2
exhibited on demand - failure to provide identifying information -3
penalty - definition. (1) No person who has been issued a driver's or4
minor driver's license or an instruction permit or an identification card as5
defined in section 42-2-301 (2), who operates a motor vehicle in this6
state, and who has such THE license, permit, or identification card, OR AN7
ELECTRONIC IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE8
SAME in such THE person's immediate possession shall refuse to remove9
such THE license, permit, or identification card, OR ELECTRONIC10
IDENTIFICATION CREDENTIAL from any billfold, purse, cover, or other11
container and to hand
OR PRESENT the same to any peace officer who has12
requested such
THE person to do so if such THE peace officer reasonably13
suspects that such THE person is committing, has committed, or is about14
to commit a violation of article 2, 3, 4, 5, 6, 7, or 8 of this title TITLE 42.15
A
PERSON WHO IS IN POSSESSION OF AND PRESENTS AN ELECTRONIC
16
IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE PERSON 'S17
DRIVER'S LICENSE OR DIGITAL DRIVER'S LICENSE ISSUED PURSUANT TO THIS18
ARTICLE 2 IS IN POSSESSION OF A DRIVER'S LICENSE FOR THE PURPOSE OF19
SECTION 42-2-101 (3) AND (5).20
(2) Any person who violates any provision SUBSECTION (1) of this21
section commits a class A traffic infraction.22
(3) (a) A
PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE
23
WHO DOES NOT HAVE THE PERSON'S DRIVER'S OR MINOR DRIVER'S LICENSE,24
INSTRUCTION PERMIT, OR IDENTIFICATION CARD, OR AN ELECTRONIC25
IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE SAME , IN THE26
PERSON'S IMMEDIATE POSSESSION SHALL , UPON REQUEST OF A PEACE27
090
-4- OFFICER, PROVIDE PERSONALLY IDENTIFYING INFORMATION TO THE PEACE1
OFFICER.2
(b) A
PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE
3
WHO HAS THE PERSON 'S DRIVER'S OR MINOR DRIVER 'S LICENSE,4
INSTRUCTION PERMIT, OR IDENTIFICATION CARD, OR AN ELECTRONIC5
IDENTIFICATION CREDENTIAL THAT IS AN EXTENSION OF THE SAME , IN THE6
PERSON'S IMMEDIATE POSSESSION BUT REFUSES TO PRESENT IT TO A PEACE7
OFFICER SHALL, UPON REQUEST OF THE PEACE OFFICER , PROVIDE8
PERSONALLY IDENTIFYING INFORMATION TO THE PEACE OFFICER .9
(c) A
PERSON WHO VIOLATES SUBSECTION (3)(a) OR (3)(b) OF THIS
10
SECTION COMMITS FAILURE TO PROVIDE IDENTIFYING INFORMATION TO A11
PEACE OFFICER BY A DRIVER.12
(d) F
AILURE TO PROVIDE IDENTIFYING INFORMATION TO A PEACE
13
OFFICER BY A DRIVER IS A CLASS 2 MISDEMEANOR TRAFFIC OFFENSE .14
(e) A
PEACE OFFICER SHALL ISSUE A WRITTEN NOTICE OR SUMMONS
15
TO APPEAR IN COURT, AS PROVIDED IN SECTION 42-4-1707, TO A PERSON16
FOR A VIOLATION OF THIS SUBSECTION (3). A PEACE OFFICER SHALL NOT17
ARREST A PERSON FOR A VIOLATION OF THIS SUBSECTION (3), BUT MAY18
DETAIN THE PERSON TO ASCERTAIN THE PERSON 'S IDENTITY. A PEACE19
OFFICER SHALL NOT DETAIN THE PERSON LONGER THAN REASONABLY20
NECESSARY TO ASCERTAIN THE PERSON 'S IDENTITY.21
(4) I
F A PEACE OFFICER ASKS A DRIVER FOR PERSONALLY
22
IDENTIFYING INFORMATION AND THERE ARE PASSENGERS IN THE DRIVER 'S23
VEHICLE, THE DRIVER MAY REQUEST TO EXIT THE VEHICLE TO PROVIDE THE24
PERSONALLY IDENTIFYING INFORMATION TO THE PEACE OFFICER AWAY25
FROM THE PASSENGERS.26
(5) A
S USED IN THIS SECTION, "PERSONALLY IDENTIFYING
27
090
-5- INFORMATION" INCLUDES ANY OF THE FOLLOWING:1
(a) A
PASSPORT;
2
(b) A
DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY
3
ANOTHER STATE OR COUNTRY ;4
(c) T
HE PERSON'S NAME AND BIRTH DATE; OR
5
(d) A
NY OTHER IDENTIFYING INFORMATION AS PART OF A
6
REASONABLE ATTEMPT TO COMMUNICATE THE PERSON 'S IDENTITY TO A7
PEACE OFFICER.8
SECTION 5. In Colorado Revised Statutes, 42-4-1701, amend9
(4)(a)(I)(A) as follows:10
42-4-1701. Traffic offenses and infractions classified -11
penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except12
as provided in subsection (5)(c) of this section, every person who is13
convicted of, who admits liability for, or against whom a judgment is14
entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)15
of this section applies shall be fined or penalized and have a surcharge16
levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10417
(1)(b)(I), in accordance with the penalty and surcharge schedule set forth18
in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty19
or surcharge is specified in the schedule, the penalty for class A and class20
B traffic infractions is fifteen dollars and the surcharge is four dollars.21
These penalties and surcharges apply whether the defendant22
acknowledges the defendant's guilt or liability in accordance with the23
procedure set forth by subsection (5)(a) of this section, is found guilty by24
a court of competent jurisdiction, or has judgment entered against the25
defendant by a county court magistrate. Penalties and surcharges for26
violating specific sections are as follows:27
090
-6- Section Violated Penalty Surcharge1
(A) Drivers' license violations:2
42-2-101 $ 35.00 $ 10.003
42-2-101 (2), (3), or (5) 15.00 6.004
42-2-103 15.00 6.005
42-2-105 70.00 10.006
42-2-105.5 (4) 65.00 10.007
42-2-106 70.00 10.008
42-2-115 35.00 10.009
42-2-116 (6)(a) 30.00 6.0010
42-2-119 15.00 6.0011
42-2-134 35.00 10.0012
42-2-136 35.00 10.0013
42-2-138 100.00 15.0014
42-2-139 35.00 10.0015
42-2-140 35.00 10.0016
42-2-141 35.00 10.0017
42-2-204 70.00 10.0018
42-2-404 100.00 15.0019
SECTION 6. Effective date - applicability. This act takes effect20
March 31, 2025, and applies to offenses committed on or after said date.21
SECTION 7. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
090
-7-