SENATE BILL 97036
BY SENATORS Mutzebaugh, Congrove, and Wells;
also REPRESENTATIVES May, Arrington, Dean, Lamborn,
Miller, Owen, Paschall, and Sullivant.
CONCERNING SERVICE OF PROCESS FOR TRAFFIC OFFENSES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 4 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
424110.5. Automated vehicle
identification systems. (1) THE
GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE ENFORCEMENT
OF TRAFFIC LAWS THROUGH THE USE OF AUTOMATED VEHICLE IDENTIFICATION
SYSTEMS UNDER THIS SECTION IS A MATTER OF STATEWIDE CONCERN AND
IS AN AREA IN WHICH UNIFORM STATE STANDARDS ARE NECESSARY.
(2) A MUNICIPALITY MAY ADOPT AN ORDINANCE
AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM
TO DETECT VIOLATIONS OF TRAFFIC REGULATIONS ADOPTED BY THE MUNICIPALITY,
OR THE STATE, A COUNTY, OR A MUNICIPALITY MAY UTILIZE AN AUTOMATED
VEHICLE IDENTIFICATION SYSTEM TO DETECT TRAFFIC VIOLATIONS UNDER
STATE LAW, SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS:
(a) (I) IN ORDER FOR A MUNICIPAL
COURT TO ESTABLISH PERSONAL JURISDICTION OVER A DEFENDANT IN ANY
CASE INVOLVING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM, A PENALTY
ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT SHALL BE SERVED UPON
THE DEFENDANT IN ACCORDANCE WITH SECTION 1310111,
C.R.S., AND RULE 204 OF THE COLORADO MUNICIPAL COURT RULES OF
PROCEDURE. IN ORDER FOR THE STATE OR A COUNTY TO ESTABLISH PERSONAL
JURISDICTION OVER A DEFENDANT IN ANY CASE INVOLVING AN AUTOMATED
VEHICLE IDENTIFICATION SYSTEM, A PENALTY ASSESSMENT NOTICE OR
SUMMONS AND COMPLAINT SHALL BE PERSONALLY SERVED UPON THE DEFENDANT.
NOTHING IN THIS SECTION MAY BE DEEMED TO PREVENT THE STATE, A
COUNTY, OR A MUNICIPALITY FROM MAILING A WRITTEN NOTICE TO THE
DEFENDANT ADVISING THE DEFENDANT OF THE ALLEGED VIOLATION AND
PERMITTING THE DEFENDANT TO WAIVE SUCH SERVICE OF PROCESS.
(II) IF THE STATE, A COUNTY, OR A MUNICIPALITY
DETECTS ANY ALLEGED VIOLATION OF A MUNICIPAL TRAFFIC REGULATION
OR A TRAFFIC VIOLATION UNDER STATE LAW THROUGH THE USE OF AN AUTOMATED
VEHICLE IDENTIFICATION SYSTEM, THEN THE STATE, COUNTY, OR MUNICIPALITY
SHALL SERVE THE PENALTY ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT
FOR THE ALLEGED VIOLATION ON THE DEFENDANT PURSUANT TO THE REQUIREMENTS
OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) NO LATER THAN NINETY
DAYS AFTER THE ALLEGED VIOLATION OCCURRED.
(b) NOTWITHSTANDING ANY OTHER PROVISION
OF THE STATUTES TO THE CONTRARY, THE STATE, A COUNTY, OR A MUNICIPALITY
MAY NOT REPORT TO THE DEPARTMENT ANY CONVICTION OR ENTRY OF JUDGMENT
AGAINST A DEFENDANT FOR VIOLATION OF A MUNICIPAL TRAFFIC REGULATION
OR A TRAFFIC VIOLATION UNDER STATE LAW IF THE VIOLATION WAS DETECTED
THROUGH THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM.
(c) THE STATE, A COUNTY, OR A MUNICIPALITY
MAY NOT REPORT TO THE DEPARTMENT ANY OUTSTANDING JUDGMENT OR WARRANT
FOR PURPOSES OF SECTION 422107 (5) OR 422118
(3) BASED UPON ANY VIOLATION OR ALLEGED VIOLATION OF A MUNICIPAL
TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW DETECTED
THROUGH THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM.
(3) THE DEPARTMENT HAS NO AUTHORITY TO
ASSESS ANY POINTS AGAINST A LICENSE UNDER SECTION 422127
UPON ENTRY OF A CONVICTION OR JUDGMENT FOR A VIOLATION OF A MUNICIPAL
TRAFFIC REGULATION OR A TRAFFIC VIOLATION UNDER STATE LAW IF THE
VIOLATION WAS DETECTED THROUGH THE USE OF AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM. THE DEPARTMENT MAY NOT KEEP ANY RECORD
OF SUCH VIOLATION IN THE OFFICIAL RECORDS MAINTAINED BY THE DEPARTMENT
UNDER SECTION 422121.
(4) (a) IF THE STATE, A COUNTY, OR A MUNICIPALITY DETECTS A SPEEDING VIOLATION OF LESS THAN TEN MILES PER HOUR OVER THE REASONABLE AND PRUDENT SPEED UNDER A MUNICIPAL TRAFFIC REGULATION OR UNDER STATE LAW THROUGH THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM AND THE VIOLATION IS THE FIRST VIOLATION BY SUCH DRIVER THAT THE STATE, COUNTY, OR MUNICIPALITY HAS DETECTED USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM, THEN THE STATE, COUNTY, OR MUNICIPALITY SHALL MAIL SUCH DRIVER A
WARNING REGARDING THE VIOLATION AND THE STATE, COUNTY,
OR MUNICIPALITY MAY NOT IMPOSE ANY PENALTY OR SURCHARGE FOR SUCH
FIRST VIOLATION.
(b) IF THE STATE, A COUNTY, OR A MUNICIPALITY
DETECTS A SECOND OR SUBSEQUENT TRAFFIC VIOLATION UNDER A MUNICIPAL
TRAFFIC REGULATION OR UNDER STATE LAW BY A DRIVER, OR A FIRST
SUCH VIOLATION BY THE DRIVER IF THE PROVISIONS OF PARAGRAPH (a)
OF THIS SUBSECTION (4) DO NOT APPLY, THROUGH THE USE OF AN AUTOMATED
VEHICLE IDENTIFICATION SYSTEM, THEN THE MAXIMUM PENALTY THAT THE
STATE, COUNTY, OR MUNICIPALITY MAY IMPOSE FOR SUCH VIOLATION,
INCLUDING ANY SURCHARGE, IS FORTY DOLLARS.
(5) IF THE STATE, A COUNTY, OR A MUNICIPALITY
HAS ESTABLISHED AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM FOR
THE ENFORCEMENT OF MUNICIPAL TRAFFIC REGULATIONS OR STATE TRAFFIC
LAWS, THEN NO PORTION OF ANY FINE COLLECTED THROUGH THE USE OF
SUCH SYSTEM MAY BE PAID TO THE MANUFACTURER OR VENDOR OF THE AUTOMATED
VEHICLE IDENTIFICATION SYSTEM EQUIPMENT. THE COMPENSATION PAID
BY THE STATE, COUNTY, OR MUNICIPALITY FOR SUCH EQUIPMENT SHALL
BE BASED UPON THE VALUE OF SUCH EQUIPMENT AND MAY NOT BE BASED
UPON THE NUMBER OF TRAFFIC CITATIONS ISSUED OR THE REVENUE GENERATED
BY SUCH EQUIPMENT.
(6) AS USED IN THIS SECTION, THE TERM
"AUTOMATED VEHICLE IDENTIFICATION SYSTEM" MEANS A SYSTEM
WHEREBY:
(a) A MACHINE IS USED TO AUTOMATICALLY
DETECT A VIOLATION OF A TRAFFIC REGULATION AND SIMULTANEOUSLY
RECORD A PHOTOGRAPH OF THE VEHICLE, THE OPERATOR OF THE VEHICLE,
AND THE LICENSE PLATE OF THE VEHICLE; AND
(b) A PENALTY ASSESSMENT NOTICE OR SUMMONS
AND COMPLAINT IS ISSUED TO THE REGISTERED OWNER OF THE MOTOR VEHICLE.
SECTION 2. 422107
(5) (a), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
422107. Application for
license or instruction permit anatomical gifts donations
to organ and tissue donation awareness fund legislative
declaration. (5) (a) (I) Prior
to the issuance of a driver's, minor driver's, or provisional
driver's license, the department shall determine if there are
any outstanding judgments or warrants entered or issued against
the applicant pursuant to section 4241709 (7).
(II) FOR THE PURPOSES OF THIS SUBSECTION
(5), "OUTSTANDING JUDGMENTS OR WARRANTS" DOES NOT INCLUDE
ANY JUDGMENT OR WARRANT REPORTED TO THE DEPARTMENT IN VIOLATION
OF THE PROVISIONS OF SECTION 424110.5 (2) (c).
SECTION 3. 422118
(3) (a), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
422118. Renewal of license
donations to organ and tissue donation awareness fund.
(3) (a) (I) Prior to the renewal of a permanent
driver's license or the issuance or renewal of a probationary
license, the department shall determine if the applicant has any
outstanding judgments or warrants entered or issued against the
applicant as set forth in section 4241709 (7).
(II) FOR THE PURPOSES OF THIS SUBSECTION
(3), "OUTSTANDING JUDGMENTS OR WARRANTS" DOES NOT INCLUDE
ANY JUDGMENT OR WARRANT REPORTED TO THE DEPARTMENT IN VIOLATION
OF THE PROVISIONS OF SECTION 424110.5 (2) (c).
SECTION 4. 422127,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
422127. Authority to suspend
license to deny license type of conviction
points. (5.8) NOTWITHSTANDING
ANY OTHER PROVISION OF THIS SECTION, THE DEPARTMENT MAY NOT ASSESS
ANY POINTS FOR A VIOLATION IF SUCH ASSESSMENT OF POINTS IS PROHIBITED
UNDER SECTION 424110.5 (3).
SECTION 5. Effective
date applicability. This act shall take effect
upon passage, and shall apply to any penalty assessment notice
or summons and complaint issued on or after said date.
SECTION 6. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO