HOUSE
                       3rd Reading Unamended
       April 17, 2015          HOUSE
       Amended 2nd Reading
                      April 16, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0791.01 Michael Dohr x4347   HOUSE BILL 15-1241
                    HOUSE SPONSORSHIP
 Lontine,  Court, McCann, Pabon, Rosenthal
 
                   SENATE SPONSORSHIP
 Guzman, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning changes to the contents of a criminal summons.
       
       
                           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://www.leg.state.co.us/billsummaries.)
       
            When a peace officer issues a person a summons for a criminal
       violation, current law requires that the summons contain, among other
       information:
                 The person's license plate number and driver's license
                 number; and
                 A place for the person to execute a promise to appear.
       The bill removes the requirement to include the person's license plate
       number and driver's license number on the summons. The bill also
       removes the requirement for a place for the defendant to execute a
       promise to appear if the peace officer is using an electronic summons.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 42-4-1707, amend
       (1) (a) as follows:
            42-4-1707.  Summons and complaint or penalty assessment
       notice for misdemeanors, petty offenses, and misdemeanor traffic
       offenses - release - registration. (1) (a)  Whenever a person commits a
       violation of this title punishable as a misdemeanor, petty offense, or
       misdemeanor traffic offense, other than a violation for which a penalty
       assessment notice may be issued in accordance with the provisions of
       section 42-4-1701 (5) (a), and such person is not required by the
       provisions of section 42-4-1705 to be arrested and taken without
       unnecessary delay before a county judge, the peace officer may issue and
       serve upon the defendant a summons and complaint which shall contain
       the name and address of the defendant, the license number of the vehicle
       involved, if any, the number of the defendant's driver's license, if any, a
       citation of the statute alleged to have been violated, a brief description of
       the offense, the date and approximate location thereof, and the date the
       summons and complaint is served on the defendant; shall direct the
       defendant to appear in a specified county court at a specified time and
       place; and shall be signed by the peace officer. and shall contain a place
       for the defendant to execute a written promise to appear at the time and
       place specified in the summons portion of the summons and complaint;
       The summons and complaint submitted to the department of
       revenue and the county court before which appearance is
       required, either by paper or electronic submission, shall contain
       the name and address of the defendant, the license of the
       vehicle involved, if any, and the number of the defendant's
       driver's license, if any.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.