NOTE: This bill has been prepared for the signature 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. HOUSE BILL 08-1010 BY REPRESENTATIVE(S) McFadyen, Merrifield, Casso, Labuda, and Vaad; also SENATOR(S) Takis. Concerning the fines imposed for violations involving motor vehicles, and making an appropriation in connection therewith. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 18-9-116.5, Colorado Revised Statutes, is amended to read: 18-9-116.5. Vehicular eluding. (1) Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding. (2) (a) Vehicular eluding is a class 5 felony; except that vehicular eluding which that results in bodily injury to another person is a class 4 felony and vehicular eluding which that results in death to another person is a class 3 felony. (b) Notwithstanding section 18-1.3-401, the minimum sentence within the presumptive range for a violation of this section shall be increased as follows: (I) For a class 5 felony, the minimum fine shall be two thousand dollars; (II) For a class 4 felony, the minimum fine shall be four thousand dollars; and (III) For a class 3 felony, the minimum fine shall be six thousand dollars. SECTION 2. The introductory portion to 42-1-217 (1) and 42-1-217 (1) (b), (1) (d), (1) (e), and (2), Colorado Revised Statutes, are amended to read: 42-1-217. Disposition of fines and surcharges - repeal. (1) All judges, clerks of a court of record, or other officers imposing or receiving fines, penalties, or forfeitures, except those moneys received pursuant to sections 42-4-313 (3), 42-4-413, 42-4-1409, 42-4-1701 (5) (a), 42-8-105, and 42-8-106, collected pursuant to or as a result of a conviction of any persons for a violation of any of the provisions of articles 1 to 4 (except part 3 of article 2) of this title, shall transmit, within ten days after the date of receipt of any such fine, penalty, or forfeiture, all such moneys so collected in the following manner: (b) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring within the corporate limits of a city or town shall be transmitted to the treasurer or chief financial officer of said city or town, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S.; except that twenty-five percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer or chief financial officer of said city or town, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S. (d) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S.; except that twenty-five percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S. (e) Any fine, penalty, or forfeiture collected for a violation of section 42-4-237 shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred; except that: (I) If the citing officer was an officer of the Colorado state patrol, the fine, penalty, or forfeiture shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S.; or (II) If the violation occurred on a state or federal highway, fifty percent of the fine, penalty, or forfeiture shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S. (2) Except for the first fifty cents of any penalty for a traffic infraction, which shall be retained by the department and used for administrative purposes, moneys collected by the department pursuant to the provisions of section 42-4-1701 (5) (a) shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (5.5) (a), C.R.S.; except that moneys collected pursuant to section 42-4-1701 (5) (a) for a violation of section 42-4-237 shall only be transmitted to the state treasurer if the citing officer was an officer of the Colorado state patrol and in all other cases shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred allocated pursuant to paragraph (e) of subsection (1) of this section. SECTION 3. 42-2-105.5 (5) (b) (II), Colorado Revised Statutes, is amended to read: 42-2-105.5. Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration. (5) (b) A violation of subsection (3) of this section is a traffic infraction, and, notwithstanding the provisions of section 42-4-1701 (4) (a) (I) (D), a person convicted of violating subsection (3) of this section shall be punished as follows: (II) By the levying of a fine of not more than fifty sixty-five dollars for a first offense, a fine of not more than one hundred thirty dollars for a second offense, and a fine of one hundred fifty ninety-five dollars for a subsequent offense; and SECTION 4. 42-4-1301 (7) (a) (I) (B), (7) (a) (II) (B), (7) (a) (IV) (B), (7) (b) (I) (B), (7) (b) (II) (B), and (7) (b) (III) (B), Colorado Revised Statutes, are amended to read: 42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties. (7) Penalties. (a) (I) Except as otherwise provided in subparagraphs (II) and (IV) of this paragraph (a), every person who is convicted of DUI, DUI per se, or habitual user shall be punished by: (B) In the court's discretion, a fine of not less than three six hundred dollars nor more than one thousand dollars; and (II) Upon conviction of a violation described in sub-subparagraph (A) or (B) of subparagraph (III) of this paragraph (a), an offender shall be punished by: (B) In the court's discretion, a fine of not less than five hundred one thousand dollars nor more than one thousand five hundred dollars; and (IV) Upon a conviction for DUI, DUI per se, or habitual user, which violation occurred at any time after the date of a previous violation, for which there has been a conviction, for DWAI, an offender shall be punished by: (B) In the court's discretion, a fine of not less than four nine hundred fifty dollars nor more than one thousand five hundred dollars; and (b) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (b), every person who is convicted of DWAI shall be punished by: (B) In the court's discretion, a fine of not less than one two hundred dollars nor more than five hundred dollars; and (II) Upon conviction of a second or subsequent offense of DWAI, an offender shall be punished by: (B) In the court's discretion, a fine of not less than three six hundred dollars nor more than one thousand dollars; and (III) Upon conviction for DWAI, which violation occurred at any time after the date of a previous violation, for which there has been a conviction, for DUI, DUI per se, or habitual user, or vehicular homicide pursuant to section 18-3-106 (1) (b) (I), C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b) (I), C.R.S., or of driving while such person's driver's license was under restraint as described in section 42-2-138 (4) (b), an offender shall be punished by: (B) In the court's discretion, a fine of not less than four eight hundred dollars nor more than one thousand two hundred dollars; and SECTION 5. 42-4-1701 (3) (a) (II) (A), (4) (a) (I) (A), (4) (a) (I) (C), (4) (a) (I) (D), (4) (a) (I) (G), (4) (a) (I) (H), (4) (a) (I) (I), (4) (a) (I) (J), (4) (a) (I) (K), (4) (a) (I) (L), (4) (a) (I) (M), (4) (a) (I) (N), and (4) (a) (I) (O), Colorado Revised Statutes, are amended to read: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule. (3) (a) (II) (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), subsections (4) and (5) of this section, and in sections 42-4-1301 (7), 42-4-1301.2 (2), 42-4-1301.3, and 42-4-1301.4, misdemeanor traffic offenses are divided into two classes which that are distinguished from one another by the following penalties which that are authorized upon conviction: Class Minimum Maximum Sentence Sentence 1 Ten days imprisonment, One year imprisonment, or $100 $300 fine, or both. or $1000 fine, or both. 2 Ten days imprisonment, Ninety days imprisonment, or $10 $150 fine, or both. or $300 fine, or both. (4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be four dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or 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 shall be as follows: Section Violated Penalty Surcharge (A) Drivers' license violations: 42-2-101 (1) or (4) $ 35.00 $ 10.00 42-2-101 (2), (3), or (5) 15.00 6.00 42-2-103 15.00 6.00 42-2-105 35.00 70.00 10.00 42-2-105.5 (5) (a) (4) 35.00 65.00 10.00 42-2-106 35.00 70.00 10.00 42-2-116 (6) (a) 15.00 30.00 6.00 42-2-119 15.00 6.00 42-2-134 35.00 10.00 42-2-136 35.00 10.00 42-2-139 35.00 10.00 42-2-140 35.00 10.00 42-2-141 35.00 10.00 (C) Traffic regulation generally: 42-4-1412 $ 15.00 $ 6.00 42-4-109 (13) (a) 15.00 6.00 42-4-109 (13) (b) 100.00 15.00 42-4-1211 15.00 30.00 6.00 42-4-1405 15.00 6.00 (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 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 (1) 50.00 16.00 42-4-227 (2) 15.00 6.00 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 50.00 65.00 16.00 42-4-237 15.00 65.00 6.00 42-4-1411 15.00 6.00 42-4-1412 15.00 6.00 42-4-1901 35.00 10.00 (G) Signals, signs, and markings violations: 42-4-603 $ 35.00 100.00 $ 10.00 42-4-604 35.00 100.00 10.00 42-4-605 35.00 70.00 10.00 42-4-606 15.00 6.00 42-4-607 (1) 50.00 16.00 42-4-607 (2) (a) 100.00 32.00 42-4-608 (1) 15.00 70.00 6.00 42-4-608 (2) 15.00 6.00 42-4-609 15.00 6.00 42-4-610 15.00 6.00 42-4-612 35.00 70.00 10.00 42-4-613 35.00 10.00 (H) Rights-of-way violations: 42-4-701 $ 35.00 70.00 $ 10.00 42-4-702 35.00 70.00 10.00 42-4-703 35.00 70.00 10.00 42-4-704 35.00 70.00 10.00 42-4-705 50.00 70.00 16.00 42-4-706 35.00 70.00 10.00 42-4-707 35.00 70.00 10.00 42-4-708 35.00 10.00 42-4-709 35.00 70.00 10.00 42-4-710 35.00 70.00 10.00 42-4-711 35.00 100.00 10.00 42-4-712 35.00 70.00 10.00 (I) Pedestrian violations: 42-4-801 $ 15.00 $ 6.00 42-4-802 (1) 15.00 30.00 6.00 42-4-802 (3) 15.00 6.00 42-4-802 (4) 30.00 6.00 42-4-802 (5) 30.00 6.00 42-4-803 15.00 6.00 42-4-805 15.00 6.00 42-4-806 35.00 70.00 10.00 42-4-807 35.00 70.00 10.00 42-4-808 35.00 70.00 10.00 (J) Turning and stopping violations: 42-4-901 $ 35.00 70.00 $ 10.00 42-4-902 35.00 70.00 10.00 42-4-903 35.00 70.00 10.00 (K) Driving, overtaking, and passing violations: 42-4-1001 $ 35.00 70.00 $ 10.00 42-4-1002 35.00 100.00 10.00 42-4-1003 35.00 100.00 10.00 42-4-1004 35.00 100.00 10.00 42-4-1005 35.00 100.00 10.00 42-4-1006 35.00 70.00 10.00 42-4-1007 35.00 100.00 10.00 42-4-1008 35.00 100.00 10.00 42-4-1009 35.00 70.00 10.00 42-4-1010 35.00 70.00 10.00 42-4-1011 100.00 200.00 32.00 42-4-1012 (3) (a) 65.00 (NONE) 42-4-1012 (3) (b) 125.00 (NONE) 42-4-1013 100.00 (NONE) (L) Speeding violations: 42-4-1101 (1) or (8) (b) (1 to 4 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) $ 15.00 30.00 $ 6.00 42-4-1101 (1) or (8) (b) (5 to 9 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 35.00 70.00 10.00 42-4-1101 (1) or (8) (b) (10 to 19 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 50.00 135.00 16.00 42-4-1101 (1) or (8) (b) (20 to 24 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 100.00 200.00 32.00 42-4-1101 (3) 35.00 100.00 10.00 42-4-1103 15.00 50.00 6.00 42-4-1104 15.00 30.00 6.00 (M) Parking violations: 42-4-1201 $ 15.00 30.00 $ 6.00 42-4-1202 15.00 30.00 6.00 42-4-1204 15.00 6.00 42-4-1205 15.00 6.00 42-4-1206 15.00 6.00 42-4-1207 15.00 6.00 42-4-1208 (6) or (9) 100.00 32.00 (N) Other offenses: 42-4-1301 (2) (a.5) $ 50.00 100.00 $ 16.00 42-4-1305 50.00 16.00 42-4-1402 50.00 150.00 16.00 42-4-1403 15.00 30.00 6.00 42-4-1404 15.00 6.00 42-4-1406 35.00 10.00 42-4-1407 (3) (a) 35.00 10.00 42-4-1407 (3) (b) 100.00 30.00 42-4-1407 (3) (c) 500.00 200.00 42-4-314 35.00 10.00 42-4-1408 15.00 6.00 42-4-1414 (2) (a) 500.00 156.00 42-4-1414 (2) (b) 1,000.00 312.00 42-4-1414 (2) (c) 5,000.00 1,560.00 42-20-109 (2) 250.00 66.00 (O) Motorcycle violations: 42-4-1502 (1), (2), (3), or (4) $ 15.00 30.00 $ 6.00 42-4-1502 (4.5) 100.00 15.00 42-4-1503 15.00 30.00 6.00 42-4-1504 15.00 30.00 6.00 SECTION 6. Appropriation - adjustments to the 2008 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department, for courts administration, for the fiscal year beginning July 1, 2008, the sum of thirty-three thousand six hundred dollars ($33,600), or so much thereof as may be necessary, for the implementation of this act. (2) For the implementation of this act, the general fund appropriation to the controlled maintenance trust fund made in section 23 of the annual general appropriation act, for the fiscal year beginning July 1, 2008, shall be decreased by thirty-three thousand six hundred dollars ($33,600). SECTION 7. Effective date. This act shall take effect July1, 2008. SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Andrew Romanoff Peter C. Groff SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Karen Goldman CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ Bill Ritter, Jr. GOVERNOR OF THE STATE OF COLORADO