SENATE 3rd Reading Unamended May 1, 2009 SENATE Amended 2nd Reading April 29, 2009First Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 09-1096.01 Michael Dohr SENATE BILL 09-296 SENATE SPONSORSHIP Boyd, Groff, Morse, Williams HOUSE SPONSORSHIP Ryden, Fischer, Green, Hullinghorst, Judd, Levy, McFadyen, Middleton, Pommer, Rice, Riesberg Senate Committees House Committees Transportation Judiciary Appropriations A BILL FOR AN ACT Concerning the enforcement of offenses involving failure of certain persons in a vehicle to use an appropriate restraining device. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Makes it a primary offense, punishable as a class B traffic infraction, for a driver to operate a vehicle if the driver, certain children, and all front-seat passengers are not wearing a fastened restraining device. Requires a law enforcement officer, prior to stopping a driver in a vehicle for a restraining device violation, to clearly observe the restraining device violation and be able to articulate that the restraining device was unfastened. Modifies the age and height requirements for certain children that are otherwise required to be fastened in a child restraint system. Prohibits conviction for a safety belt violation if the person charged produces in court a bona fide written statement by a physician certifying that physical disability makes restraint by a safety belt system inappropriate. Specifies that it is the intent of the general assembly that the statutory prohibition against profiling be strictly observed by each law enforcement officer who stops or contemplates the stop of a motor vehicle driver for an alleged restraining device violation. Increases the fines and surcharges for restraining device violations. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds that making the failure to wear a fastened restraining device a primary offense will increase usage of restraining devices in vehicles and thereby: (a) Save between thirty and seventy lives per year; (b) Reduce the seriousness of injuries sustained in vehicle accidents while not wearing a fastened restraining device; (c) Reduce state medicaid costs by approximately seventy-two million five hundred thousand dollars over the next ten years; and (d) Secure for the state of Colorado approximately fourteen million dollars in federal highway funds that are granted to states that adopt primary offense safety belt legislation. (2) The general assembly, therefore, determines and declares that it is necessary and in the best interests of the citizens of Colorado to enact legislation that makes the failure to wear a fastened restraining device by the driver and certain passengers in a vehicle a primary offense. SECTION 2. 42-4-236 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 42-4-236. Child restraint systems required - definitions - exemptions. (1) As used in this section, unless the context otherwise requires: (a.8) "Privately owned noncommercial passenger vehicle" means a passenger car or a pickup truck or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. SECTION 3. 42-4-236 (2) (a), (3) (b), and (9), Colorado Revised Statutes, are amended to read: 42-4-236. Child restraint systems required - definitions - exemptions. (2) (a) Unless exempted pursuant to subsection (3) of this section, every child, who is under four years of age, and weighs under forty pounds, being transported in this state in a privately owned noncommercial passenger vehicle or in a vehicle operated by a child care center, shall be provided with one of the following child restraint systems suitable for the child's size and shall be properly fastened into such child restraint system which is in a seating position which is equipped with a safety belt or other means to secure the system according to the manufacturer's instructions: (I) (A) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system. (B) If the child weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system. (II) (A) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a forward-facing child restraint system unless the child is subject to the provisions of subparagraph (I) of this paragraph (a). (B) If the child weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a forward-facing child restraint system unless the child is subject to the provisions of subparagraph (I) of this paragraph (a). (III) If the child is under four years of age and weighs forty pounds or more, the child shall be properly restrained in a child booster seat. (3) Except as provided in section 42-2-105.5 (4), the requirements of subsection (2) of this section shall not apply to a child who: (b) Is being transported in a motor vehicle as a result of a life-threatening medical emergency; (9) (a) No driver in a motor vehicle shall be cited for a violation of subparagraph (I) of paragraph (b) of subsection (2) of this section unless such driver was stopped by a the law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section or section 42-4-237 clearly observes the violation and is able to articulate that the restraining device was unfastened. (b) It is the intent of the general assembly in creating a primary offense in this subsection (9) that the prohibition against profiling, as described in section 24-31-309, C.R.S., be strictly observed by each law enforcement officer who stops or contemplates the stop of a driver of a motor vehicle for an alleged restraining device violation. SECTION 4. 42-4-237 (1) (a), (3) (d), (3) (g), and (5), Colorado Revised Statutes, are amended, and the said 42-4-237 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 42-4-237. Safety belt systems - mandatory use - exemptions - penalty. (1) As used in this section: (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups passenger car or a pickup truck or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. The term does not include motorcycles, motorscooters, motorbicycles, motorized bicycles, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (3) Except as provided in section 42-2-105.5, the requirement of subsection (2) of this section shall not apply to: (d) A person with a physically or psychologically disabling medical condition whose physical or psychological disability condition prevents appropriate restraint by a safety belt system if such the person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate; (g) A person operating a motor vehicle which does not meet the definition of "commercial vehicle" as that term is defined in section 42-4-235 (1) (a) for commercial or residential delivery or pickup service making frequent stops in the course of business. except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day. (5) (a) No driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a the law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section clearly observes the violation and is able to articulate that the restraining device was unfastened. (b) It is the intent of the general assembly in creating a primary offense in this subsection (5) that the prohibition against profiling, as described in section 24-31-309, C.R.S., be strictly observed by each law enforcement officer who stops or contemplates the stop of a driver of a motor vehicle for an alleged restraining device violation. (5.7) (a) A person charged with violating subsection (2) of this section, either as a driver or a front seat passenger, shall not be convicted if the person, pursuant to paragraph (d) of subsection (3) of this section, produces in court a bona fide written statement by a physician that certifies a physical disability on the part of the person alleged not to have worn a fastened safety belt and states the reason why restraint by a safety belt system is inappropriate. (b) The provisions of paragraph (a) of this subsection (5.7) shall apply to: (I) A driver who is charged for not wearing a fastened safety belt; (II) A driver who is charged for a front seat passenger not wearing a fastened safety belt; and (III) A front seat passenger who is charged for not wearing a fastened safety belt. SECTION 5. 42-4-1701 (4) (a) (I) (D), Colorado Revised Statutes, is amended to read: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule. (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 (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 65.00 75.00 16.00 42-4-237 65.00 75.00 6.00 42-4-1411 15.00 6.00 42-4-1412 15.00 6.00 42-4-1901 35.00 10.00 SECTION 6. Effective date - applicability. This act shall take effect June 1, 2009, and shall apply to infractions committed on or after said date. SECTION 7. 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.