BY REPRESENTATIVES June, Hagedorn, Nichol, and Udall;
also SENATOR Powers.
CONCERNING THE THEFT OF PUBLIC TRANSPORTATION SERVICES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
4 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW PART to read:
PART 8
THEFT OF PUBLIC TRANSPORTATION SERVICES
184801. Definitions. AS
USED IN THIS PART 8, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "PROOF OF PRIOR FARE PAYMENT"
MEANS:
(a) A TRANSIT PASS VALID FOR THE DAY AND
TIME OF USE;
(b) A RECEIPT SHOWING PAYMENT OF THE APPLICABLE
FARE FOR USE OF A PUBLIC TRANSPORTATION VEHICLE DURING THE DAY
AND TIME SPECIFIED IN THE RECEIPT; OR
(c) A PREPAID TICKET OR SERIES OF TICKETS
SHOWING CANCELLATION BY A PUBLIC TRANSPORTATION ENTITY USED WITHIN
THE DAY AND TIME SPECIFIED IN THE TICKET.
(2) "PUBLIC TRANSPORTATION ENTITY"
MEANS A MASS TRANSIT DISTRICT, MASS TRANSIT AUTHORITY, OR ANY
OTHER PUBLIC ENTITY AUTHORIZED UNDER THE LAWS OF THIS STATE TO
PROVIDE MASS TRANSPORTATION SERVICES TO THE GENERAL PUBLIC.
(3) "PUBLIC TRANSPORTATION VEHICLE"
MEANS A BUS, TRAIN, LIGHT RAIL VEHICLE, OR ANY OTHER MODE OF TRANSPORTATION
USED BY A PUBLIC TRANSPORTATION ENTITY TO PROVIDE TRANSPORTATION
SERVICES TO THE GENERAL PUBLIC.
(4) "TRANSIT PASS" MEANS ANY
PASS, COUPON, TRANSFER, CARD, IDENTIFICATION, TOKEN, TICKET, OR
OTHER DOCUMENT, WHETHER ISSUED BY A PUBLIC TRANSPORTATION ENTITY
OR ISSUED BY AN EMPLOYER TO EMPLOYEES PURSUANT TO AN AGREEMENT
WITH A PUBLIC TRANSPORTATION ENTITY, USED TO OBTAIN PUBLIC TRANSPORTATION
SERVICES.
184802. Theft of public
transportation services by fare evasion.
(1) A PERSON COMMITS THEFT OF PUBLIC TRANSPORTATION
SERVICES BY FARE EVASION IF SUCH PERSON EITHER OCCUPIES, RIDES
IN, OR USES A PUBLIC TRANSPORTATION VEHICLE WITHOUT PAYING THE
APPLICABLE FARE.
(2) NO PERSON SHALL OCCUPY, RIDE IN, OR
USE A PUBLIC TRANSPORTATION VEHICLE WITHOUT POSSESSION OF PROOF
OF PRIOR FARE PAYMENT. SUCH PROOF OF PRIOR FARE PAYMENT SHALL
BE PRESENTED UPON DEMAND OF A PEACE OFFICER OR AN EMPLOYEE OR
AGENT OF A PUBLIC TRANSPORTATION ENTITY.
(3) ANY VIOLATION OF THIS SECTION IS A
CLASS 2 PETTY OFFENSE AND SHALL BE PUNISHABLE BY A FINE NOT TO
EXCEED ONE HUNDRED DOLLARS.
SECTION 2. Effective
date applicability. (1) This act shall
take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply to all offenses committed on or after the applicable effective date of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO