NOTE: The governor signed this measure on 4/10/2015.
      
      
      HOUSE BILL 15-1073
      
      
      BY REPRESENTATIVE(S) Salazar, Becker K., Buckner, Duran, Esgar,
      Fields, Foote, Ginal, Kagan, Lebsock, Melton, Pabon, Singer, Williams,
      Young, Hullinghorst;
      also SENATOR(S) Ulibarri, Aguilar, Guzman, Heath, Merrifield,
      Steadman.
      
      
      Concerning allowing a driver to challenge the validity of a law
           enforcement officer's initial contact with the driver.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-2-126, amend (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 If a driver so challenges the validity of the law
      enforcement officer's initial contact, and the evidence does not
      establish that the initial contact or arrest was constitutionally
      and statutorily valid, the driver is not subject to license
      revocation.
      
           SECTION 2.  In Colorado Revised Statutes, amend 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. If a driver so challenges the validity of the
      law enforcement officer's initial contact, and the evidence does
      not establish that the initial contact or arrest was
      constitutionally and statutorily valid, the driver is not subject
      to license revocation.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      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