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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0475.01 MCV HOUSE BILL 98­1059

STATE OF COLORADO

BY REPRESENTATIVE Gordon;

also SENATOR Dennis. REREVISED

TRANSPORTATION & ENERGY

A BILL FOR AN ACT

CONCERNING THE IMPOSITION OF INCREASED PENALTIES FOR TRAFFIC VIOLATIONS COMMITTED IN SCHOOL ZONES.

Bill Summary

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

Doubles the fine and surcharge imposed for a moving traffic violation if the violation occurs on the grounds of a elementary, middle, junior high, or high school or within 1,000 feet of the perimeter of such a school.

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

SECTION 1.  Part 6 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­4­615.  School zones ­ increase in penalties for moving traffic violations. (1)  ANY PERSON WHO COMMITS A MOVING TRAFFIC VIOLATION IN A SCHOOL ZONE IS SUBJECT TO THE INCREASED PENALTIES AND SURCHARGES IMPOSED BY SECTION 42­4­1701 (4) (d).

(2)  FOR THE PURPOSES OF THIS SECTION, "SCHOOL ZONE" MEANS AN AREA THAT IS DESIGNATED AS A SCHOOL ZONE AND HAS APPROPRIATE SIGNS POSTED INDICATING THAT THE PENALTIES AND SURCHARGES WILL BE DOUBLED.

(3)  THIS SECTION DOES NOT APPLY IF THE PENALTY AND SURCHARGE FOR A VIOLATION HAS BEEN DOUBLED PURSUANT TO SECTION 42­4­614 BECAUSE SUCH VIOLATION ALSO OCCURRED WITHIN A HIGHWAY MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE.

SECTION 2.  42­4­1701 (4), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (d)  THE PENALTY AND SURCHARGE IMPOSED FOR ANY MOVING TRAFFIC VIOLATION UNDER SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (4) ARE DOUBLED IF THE VIOLATION OCCURS WITHIN A SCHOOL ZONE PURSUANT TO SECTION 42­4­615.

SECTION 3.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 4.  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.