Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0297.01 Richard Sweetman SENATE BILL 06-072 SENATE SPONSORSHIP Tochtrop, HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning increasing penalties for careless driving. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Establishes minimum mandatory fines and provides for mandatory license revocation for drivers convicted of careless driving when it is the proximate cause of unintentional serious bodily injury or unintentional death to another person. Takes away the discretion of the court to reduce, suspend, or waive the minimum fines for these offenses. Creates the highway safety sign account to fund signs alerting motorists to share the road with other road users and beware of potential road hazards. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly is aware of the human suffering and loss of life, limb, and property caused by negligence in the operation of motor vehicles in our state. Although the general assembly recognizes that this issue can be, and is being, dealt with by direct measures designed to discourage such negligent behavior through imposition of fines and penalties for violation of traffic laws, it also recognizes that more severe penalties and higher fines are appropriate when violations of section 42-4-1402, Colorado Revised Statutes, result in unintentional serious bodily injury or unintentional death to another person. SECTION 2. 42-4-1402, Colorado Revised Statutes, is amended to read: 42-4-1402. Careless driving - penalty. (1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section sections 42-2-125 and 42-2-127. (2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense. (3) If a violation of this section was the proximate cause of unintentional serious bodily injury to another person, as "serious bodily injury" is defined in section 42-4-1601 (4) (b), the court shall impose, in addition to the provisions of section 42-4-1701 (3) (a) (II) (A), a fine of not less than five hundred dollars. (4) If a violation of this section was the proximate cause of unintentional death to another person, the court shall impose, in addition to the provisions of section 42-4-1701 (3) (a) (II) (A), a fine of not less than one thousand dollars. (5) The court shall have no discretion to reduce, suspend, or waive the mandatory minimum fines established by subsections (3) and (4) of this section. SECTION 3. 42-2-125 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 42-2-125. Mandatory revocation of license and permit. (1) The department shall immediately revoke the license or permit of any driver or minor driver upon receiving a record showing that such driver has: (p) Been convicted of careless driving resulting in unintentional serious bodily injury or unintentional death to another, as described in section 42-4-1402 (3) and (4), the period of revocation for which shall be as follows: (I) For a violation resulting in unintentional serious bodily injury to another person, not less than six months; (II) For a violation resulting in unintentional death to another person, not less than one year. SECTION 4. 42-1-217 (1) (a), Colorado Revised Statutes, is amended, and the said 42-1-217 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 42-1-217. Disposition of fines and surcharges - highway safety sign account - creation. (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: (a) The aggregate amount of such fines, penalties, or forfeitures, except for a violation of section 42-4-1301 or 42-4-237, or a violation of section 42-4-1402 when the violation results in unintentional serious bodily injury or unintentional death to another person as provided in section 42-4-1402 (3) and (4), 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. (f) The first sixty dollars of all moneys collected pursuant to section 42-4-1402 (3) or (4) shall be credited to the driver's license administrative revocation account in the highway users tax fund created in section 42-2-132 (4) (b). The remainder of all moneys collected pursuant to section 42-4-1402 (3) or (4) shall be transmitted to the state treasurer, who shall credit the same to the highway safety sign account in the highway users tax fund, which account is hereby created. The moneys in the account shall be subject to annual appropriation by the general assembly for the direct and indirect costs of production and placement of signs to alert motorists of their responsibility to share the road with other road users, including but not limited to trucks, buses, cars, motorcycles, scooters, bicycles, pedestrians, and farm equipment, and to alert motorists of potential road hazards, including but not limited to milling operations, loose gravel, uneven lanes, and grooved pavement. At the end of each fiscal year, any unexpended and unencumbered moneys remaining in the account shall be transferred out of the account and credited to the highway users tax fund. SECTION 5. 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.