HOUSE BILL 971125
BY REPRESENTATIVES S. Williams, Chavez, Epps, Grossman, Hagedorn, Leyba, Mace, Saliman, Udall, Veiga, T. Williams, and Zimmerman;
also SENATORS Wham, Hernandez, Hopper, Linkhart,
Pascoe, Perlmutter, and Weddig.
CONCERNING MANDATORY REVOCATION OF DRIVER'S LICENSE
AS PENALTY FOR DEFACING PROPERTY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 427406
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
427406. Proof required
under certain conditions. (1) Whenever
the director revokes the license of any person under section 422125
or 422126, or cancels any license under section 422122
because of the licensee's inability to operate a motor vehicle
because of physical or mental incompetence, or cancels any probationary
license under section 422127, the director shall not
issue to or continue in effect for any such person any new or
renewal of license until permitted under the motor vehicle laws
of this state, and not then until and unless such person files
or has filed and maintains proof of financial responsibility as
provided in this article; except that persons
ANY PERSON WHOSE LICENSE HAS BEEN cancelled pursuant to section
422122 (2.5), REVOKED PURSUANT TO SECTION 422125
(1) (n), OR DENIED PURSUANT TO SECTION 422104 (3)
(f) BASED UPON A CONVICTION UNDER SECTION 184509 (2),
C.R.S., OR ANY COUNTERPART MUNICIPAL CHARTER OR ORDINANCE OFFENSE
TO SUCH SECTION, shall not be required to file proof of financial
responsibility in order to be relicensed.
SECTION 2. 184509
(2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
184509. Defacing property.
(2) Any person who defaces or causes, aids in, or
permits the defacing of public or private property without the
consent of the owner by ANY METHOD OF DEFACEMENT, INCLUDING BUT
NOT LIMITED TO painting, drawing, or
writing, OR OTHERWISE MARRING THE SURFACE OF THE PROPERTY by use
of paint, spray paint, or
ink, or by any other method of defacement
OR ANY OTHER SUBSTANCE OR OBJECT, commits a class 2 misdemeanor.
Any person convicted of defacing property pursuant to this subsection
(2) shall be ordered by the court to personally make repairs to
any property damaged, or properties similarly damaged, if possible.
IN ADDITION, UPON EACH CONVICTION FOR DEFACING PROPERTY PURSUANT
TO THIS SUBSECTION (2), OR ADJUDICATION AS A JUVENILE DELINQUENT
FOR AN ACT THAT WOULD CONSTITUTE DEFACING PROPERTY PURSUANT TO
THIS SUBSECTION (2) IF COMMITTED BY AN ADULT, THE OFFENDER'S DRIVER'S
LICENSE SHALL BE REVOKED AS PROVIDED IN SECTION 422125,
C.R.S.
SECTION 3. 422125
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
422125. Mandatory revocation
of license and permit. (1) The
department shall immediately revoke the license or permit of any
driver, minor driver, or provisional driver upon receiving a record
showing that such driver has:
(n) BEEN CONVICTED OF DEFACING PROPERTY
IN VIOLATION OF SECTION 184509 (2), C.R.S., OR ANY
COUNTERPART MUNICIPAL CHARTER OR ORDINANCE OFFENSE TO SUCH SECTION.
SECTION 4. 422125
(3), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended, and the said 422125 is further amended BY
THE ADDITION OF A NEW SUBSECTION, to read:
422125. Mandatory revocation
of license and permit. (3) Upon
revoking the license of any person as required by this section,
the department shall immediately notify the licensee as provided
in section 422119 (2). Where a minor driver's or
provisional driver's license is revoked under paragraph
(m) PARAGRAPH (m) OR (n) of subsection
(1) of this section, such revocation shall not run concurrently
with any previous or subsequent suspension, revocation, cancellation,
or denial which is provided for by law.
(7) ANY PERSON WHO HAS A DRIVER'S LICENSE,
PROVISIONAL DRIVER'S LICENSE, MINOR DRIVER'S LICENSE, OR TEMPORARY
INSTRUCTION PERMIT REVOKED PURSUANT TO PARAGRAPH (n) OF SUBSECTION
(1) OF THIS SECTION SHALL BE SUBJECT TO A REVOCATION PERIOD WHICH
SHALL CONTINUE FOR THE PERIOD OF SIX MONTHS FOR EACH CONVICTION.
SECTION 5. 422104
(3) (f), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
422104. Licenses issued
denied. (3) The department
shall not issue any license to:
(f) Any person who, while under the age
of sixteen, was convicted of any offense which
THAT would have made the person subject to having driving privileges
revoked under section 422125 if such person had possessed
a driver's license. Any person denied a driver's license pursuant
to this paragraph (f) may be granted a license six months prior
to his or her seventeenth birthday, if such person has only one
such conviction, and on his or her seventeenth birthday, if such
person has more than one such conviction; EXCEPT THAT, IF THE
PERSON HAS BEEN CONVICTED OF DEFACING PROPERTY IN VIOLATION OF
SECTION 184509 (2), C.R.S., OR ANY COUNTERPART MUNICIPAL
CHARTER OR ORDINANCE OFFENSE TO SUCH SECTION, THE PERSON MAY NOT
BE GRANTED A LICENSE UNTIL THE ENTIRE PERIOD FOR WHICH THE PERSON'S
LICENSE WOULD HAVE BEEN REVOKED, AS DETERMINED PURSUANT TO SECTION
422125 (3) AND (7), HAS PASSED, AS MEASURED FROM THE
PERSON'S SIXTEENTH BIRTHDAY.
SECTION 6. 422124
(4), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
422124. When court to report
convictions. (4) For the purposes
of section 422125 (1)
(m) SECTION 422125 (1)
(m) AND (1) (n), an adjudication of delinquency under title 19,
C.R.S., for the acts described in such paragraph
(m) PARAGRAPHS (m) AND (n) shall
be considered to be a conviction for purposes of this section.
However, an expungement of an adjudication of delinquency shall
not result in a recision
RESCISSION of the revocation of the driving privilege unless said
expungement is a result of a reversal of the adjudication on appeal.
SECTION 7. Part
1 of article 2 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
422131.5. Revocation of
license or permit for convictions involving defacing property.
UPON A PLEA OF GUILTY OR NOLO CONTENDERE OR A VERDICT OF GUILTY
BY THE COURT OR A JURY TO AN OFFENSE FOR WHICH REVOCATION OF A
DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, OR MINOR DRIVER=S
LICENSE OR PERMIT IS MANDATORY PURSUANT TO SECTION 422125
(1) (n), THE COURT SHALL FORWARD TO THE DEPARTMENT A NOTICE OF
PLEA OR VERDICT ON THE FORM PRESCRIBED BY THE DEPARTMENT. ANY
REVOCATION PURSUANT TO SECTION 422125 (1) (n) SHALL
BEGIN WHEN THE DEPARTMENT GIVES NOTICE OF SUCH REVOCATION TO THE
PERSON IN ACCORDANCE WITH SECTION 422119 (2).
SECTION 8. Effective
date applicability. This act shall take effect July
1, 1997, and shall apply to offenses committed on or after said
date.
SECTION 9. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO