NOTE: The governor signed this measure on 5/11/2013.
      
      
      HOUSE BILL 13-1077
      
      
      BY REPRESENTATIVE(S) Salazar, Fields, Foote, Gardner, Ginal,
      Hullinghorst, Kraft-Tharp, Labuda, May, McLachlan, Melton, Pabon,
      Schafer, Singer, Waller, Williams, Young, Buckner, Gerou, Kagan, Levy,
      Ryden;
      also SENATOR(S) Ulibarri.
      
      
      Concerning a driver's right to challenge the lawfulness of a law
           enforcement officer's initial contact in an administrative
           proceeding for a revocation of a driver's license.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-2-126, add (8) (h)
      as follows:
      
           42-2-126.  Revocation of license based on administrative
      determination. (8)  Hearing. (h)  Pursuant to section 42-1-228, a
      driver may challenge the validity of the law enforcement
      officer's initial contact with the driver and the driver's
      subsequent arrest for DUI, DUI per se, or DWAI. The hearing
      officer shall consider such issues when a driver raises them as
      defenses.
      
           SECTION 2.  In Colorado Revised Statutes, add 42-1-228 as
      follows:
      
           42-1-228.  Revocation hearings - right of driver to challenge
      validity of initial traffic stop. In any administrative proceeding for
      a revocation of a driver's license pursuant to article 2 of this
      title, where the hearing officer is engaged in finding facts and
      applying law for an incident or offense reported directly to the
      department by a law enforcement officer, and where the
      revocation was not triggered in whole or in part by a record of a
      conviction, the driver may challenge the validity of the law
      enforcement officer's initial contact with the driver and
      subsequent arrest of the driver. The hearing officer shall
      consider such issues when a driver raises them as defenses.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO