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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0126.01 EBD HOUSE BILL 98­1040

STATE OF COLORADO

BY REPRESENTATIVES Nichol, June, Kaufman, Swenson, and Zimmerman;

also SENATOR Mutzebaugh.

TRANSPORTATION & ENERGY

A BILL FOR AN ACT

CONCERNING REVOCATION OF MINOR DRIVERS' LICENSES FOR NONFELONY MARIHUANA CONVICTIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Makes mandatory revocation of a minor driver's license one of the penalties for nonfelony marihuana convictions. Specifies that "conviction" includes adjudication as a delinquent for purposes of such mandatory revocation. Requires the court to notify the department of revenue of any adjudication and specifies when the revocation period begins.

Requires the department to revoke the license or permit of any minor driver upon notification that such minor driver has been convicted of a nonfelony marihuana violation. Specifies that a minor driver's license is revoked for 3 months for the first conviction, 6 months for a 2nd conviction, and one year for any 3rd or subsequent conviction. Allows a court to impose a 24­hour community service penalty instead of revocation for a first conviction. Exempts revocation of a license due to conviction for a nonfelony marihuana violation from the circumstances under which a person must file proof of financial responsibility.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Legislative declaration. (1)  The general assembly hereby finds, determines, and declares that laws concerning marihuana use among minor drivers are necessary to:

(a)  Provide maximum safety for all persons who travel or otherwise use the public highways by discouraging the use of marihuana by young persons who have not yet gained sufficient experience in the use and operation of motor vehicles; and

(b)  Discourage the use of marihuana among young persons, as the use of marihuana at an early age increases the risk that those young persons will later use other illegal drugs, leading to increased danger to persons who travel or otherwise use the public highways of this state.

SECTION 2.  18­18­406, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­18­406.  Offenses relating to marihuana and marihuana concentrate. (8.5)  IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS SECTION, UPON EACH CONVICTION, PLEA OF GUILTY OR NOLO CONTENDERE, OR RECEIPT OF A DEFERRED SENTENCE FOR A NONFELONY VIOLATION OF THIS SECTION, OR ADJUDICATION AS A DELINQUENT FOR AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF THIS SECTION IF COMMITTED BY AN ADULT, ANY MINOR DRIVER'S LICENSE OR PERMIT HELD BY THE OFFENDER SHALL BE REVOKED AS PROVIDED IN SECTION 42­2­125, C.R.S.

SECTION 3.  42­2­124 (4), Colorado Revised Statutes, is amended to read:

42­2­124.  When court to report convictions. (4)  For the purposes of section 42­2­125 (1) (m), and (1) (n), AND (1.5), adjudication of delinquency under title 19, C.R.S., for the acts described in such paragraphs (m) and (n) SECTION 42­2­125 (1) (m), (1) (n), AND (1.5) 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 recission of the revocation of the driving privilege unless said expungement is a result of a reversal of the adjudication on appeal.

SECTION 4.  42­2­125 (3), (6) (a), and (6) (b), Colorado Revised Statutes, are amended, and the said 42­2­125 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

42­2­125.  Mandatory revocation of license and permit. (1.5)  THE DEPARTMENT SHALL IMMEDIATELY REVOKE THE LICENSE OR PERMIT OF ANY MINOR DRIVER UPON RECEIVING A RECORD SHOWING THAT SUCH DRIVER HAS BEEN CONVICTED OF A NONFELONY VIOLATION OF SECTION 18­18­406, C.R.S., OR COUNTERPART MUNICIPAL CHARTER OR ORDINANCE OFFENSE. FOR PURPOSES OF THIS SUBSECTION (1.5), A PERSON HAS BEEN CONVICTED WHEN SUCH PERSON HAS BEEN FOUND GUILTY BY A COURT OR A JURY, ENTERED A PLEA OF GUILTY OR NOLO CONTENDERE, OR RECEIVED A DEFERRED SENTENCE FOR SUCH OFFENSE, OR BEEN ADJUDICATED A DELINQUENT FOR AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF SECTION 18­18­406, C.R.S., IF COMMITTED BY AN ADULT.

(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) or (n) of subsection (1) OR SUBSECTION (1.5) 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.

(6) (a)  Any person under seventeen years of age who has a minor driver's license revoked pursuant to paragraph (m) of subsection (1) OR SUBSECTION (1.5) of this section shall be subject to a revocation period which shall continue for the period of time described hereafter:

(I)  After one conviction, twenty­four hours of public service if ordered by the court, or three months;

(II)  After a second conviction, six months;

(III)  After any third or subsequent conviction, one year.

(b)  Any person seventeen years of age or older who has a minor driver's license revoked pursuant to paragraph (m) of subsection (1) OR SUBSECTION (1.5) of this section shall be subject to a revocation period which shall continue for the period of time described hereafter:

(I)  After one conviction, twenty­four hours of public service if ordered by the court, or three months;

(II)  After a second conviction, six months;

(III)  After any third or subsequent conviction, one year.

SECTION 5.  42­2­131, Colorado Revised Statutes, is amended to read:

42­2­131.  Revocation of license or permit for nondriving alcohol and marihuana convictions. 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 license or permit is mandatory pursuant to section 42­2­125 (1) (m) OR (1.5), 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) (m) OR (1.5) shall begin when the department gives notice of such revocation to the person in accordance with section 42­2­119 (2).

SECTION 6.  42­7­406 (1), Colorado Revised Statutes, 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 whose licenses are canceled pursuant to section 42­2­122 (2.5), revoked pursuant to section 42­2­125 (1) (m), or (1) (n), OR (1.5), revoked for a first offense under section 42­2­125 (1) (g.5) or a first offense under section 42­2­126 (2) (a) (I.5) or (2) (a) (IV), 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 7.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 8.  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.