BY REPRESENTATIVES Hagedorn, Tool, Morrison, K. Alexander, Epps, Leyba, Sullivant, and Tupa.
also SENATORS Hopper, Bishop, and Hernandez.
CONCERNING THE IMPOSITION OF INCREASED PENALTIES
FOR PERSONS WHO COMMIT MULTIPLE ALCOHOLRELATED DRIVING OFFENSES,
AND, IN CONNECTION THEREWITH, ENACTING THE "PERSISTENT DRUNK
DRIVER ACT OF 1998" AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Short title
legislative declaration. (1) This
act shall be known and may be cited as the "Persistent Drunk
Driver Act of 1998".
(2) The general assembly hereby finds
and declares that:
(a) Existing motor vehicle laws are not
sufficient to address the problems of persistent drunk drivers,
who repeatedly drink and drive and who commit multiple alcoholrelated
driving offenses.
(b) The relatively small number of persistent
drunk drivers account for a large percentage of the total number
of drinking and driving incidents, and thus such drivers pose
a very serious safety hazard to the public.
(c) Many persistent drunk drivers whose
drivers' licenses or driving privileges have been revoked because
of alcoholrelated driving violations continue to drink and
drive without possessing valid licenses, and thus license suspensions
and revocations will not be sufficient in themselves to reduce
these kinds of offenses.
(d) Persistent drunk drivers require
different kinds of punishment in order to deter their behavior,
and such drivers clearly are not sufficiently deterred by the
current legal system.
(e) Creating a system that will actually
reduce the number of offenses committed by the persistent drunk
drivers in the state will lead to a greater reduction in drinking
and driving offenses and have a greater impact on public safety
than programs that address casual drinkers.
(3) Because of the great dangers caused
by persistent drunk drivers and the inability of the current system
to address this problem, the general assembly hereby enacts the
"Persistent Drunk Driver Act of 1998".
SECTION 2. 421102,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
421102. Definitions.
As used in articles 1 to 4 of this title, unless the context
otherwise requires:
(68.5) "PERSISTENT DRUNK DRIVER"
MEANS ANY PERSON WHO HAS BEEN CONVICTED OF OR HAD HIS OR HER DRIVER'S
LICENSE REVOKED FOR TWO OR MORE ALCOHOLRELATED DRIVING VIOLATIONS;
WHO CONTINUES TO DRIVE AFTER DRIVER'S LICENSE OR DRIVING PRIVILEGE
RESTRAINT HAS BEEN IMPOSED FOR ONE OR MORE ALCOHOLRELATED
DRIVING OFFENSES; OR WHO DRIVES A MOTOR VEHICLE WHILE THE AMOUNT
OF ALCOHOL IN SUCH PERSON'S BLOOD, AS SHOWN BY ANALYSIS OF THE
PERSON'S BLOOD OR BREATH, WAS 0.20 OR MORE GRAMS OF ALCOHOL PER
ONE HUNDRED MILLILITERS OF BLOOD OR 0.20 OR MORE GRAMS OF ALCOHOL
PER TWO HUNDRED TEN LITERS OF BREATH AT THE TIME OF DRIVING OR
WITHIN TWO HOURS AFTER DRIVING. NOTHING IN THIS SUBSECTION (68.5)
SHALL BE INTERPRETED TO AFFECT THE PENALTIES IMPOSED UNDER THIS
TITLE FOR MULTIPLE ALCOHOL OR DRUGRELATED DRIVING
OFFENSES, INCLUDING, BUT NOT LIMITED TO, PENALTIES IMPOSED FOR
VIOLATIONS UNDER SECTIONS 422125 (1) (g) AND (1) (i)
AND 422202 (2).
SECTION 3. 422126,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
422126. Revocation of license
based on administrative determination.
(2.5) IF THE DEPARTMENT REVOKES A PERSON'S LICENSE
PURSUANT TO SUBPARAGRAPH (I), (II), OR (III) OF PARAGRAPH (a)
OF SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT SHALL MAIL A
NOTICE TO THE OWNER OF THE MOTOR VEHICLE USED IN THE VIOLATION
INFORMING THE OWNER THAT:
(a) SUCH MOTOR VEHICLE WAS DRIVEN IN AN
ALCOHOLRELATED DRIVING VIOLATION; AND
(b) ADDITIONAL ALCOHOLRELATED VIOLATIONS
INVOLVING THE MOTOR VEHICLE BY THE SAME DRIVER MAY RESULT IN A
REQUIREMENT THAT THE OWNER FILE PROOF OF FINANCIAL RESPONSIBILITY
UNDER THE PROVISIONS OF SECTION 427406 (1.5).
SECTION 4. Article
3 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
423130.5. Persistent drunk
driver cash fund programs to deter persistent drunk drivers. THERE
IS HEREBY CREATED IN THE STATE TREASURY THE PERSISTENT DRUNK DRIVER
CASH FUND, WHICH SHALL BE COMPOSED OF MONEYS COLLECTED FOR PENALTY
SURCHARGES UNDER SECTION 4241301 (9) (g) (II). THE
MONEYS IN SUCH FUND ARE SUBJECT TO ANNUAL APPROPRIATION BY THE
GENERAL ASSEMBLY TO PAY THE COSTS INCURRED BY THE DEPARTMENT REGARDING
PERSISTENT DRUNK DRIVERS UNDER THE PROVISIONS OF SECTIONS 422126
(2.5) AND 427406 (1.5) AND TO SUPPORT PROGRAMS THAT
ARE INTENDED TO DETER PERSISTENT DRUNK DRIVING OR INTENDED TO
EDUCATE THE PUBLIC, WITH PARTICULAR EMPHASIS ON THE EDUCATION
OF YOUNG DRIVERS, REGARDING THE DANGERS OF PERSISTENT DRUNK DRIVING.
THE DEPARTMENTS OF TRANSPORTATION, REVENUE, AND HUMAN SERVICES
SHALL COORDINATE PROGRAMS INTENDED TO ACCOMPLISH SUCH GOALS.
SECTION 5. 4241301
(9) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
4241301. Driving under
the influence driving while impaired driving with
excessive alcoholic content tests penalties
useful public service program alcohol and drug driving
safety program. (9) (b) (IV) NOTWITHSTANDING
THE OTHER PROVISIONS OF THIS PARAGRAPH (b), IF A PERSON IS CHARGED
WITH AN OFFENSE OF DRIVING UNDER THE INFLUENCE UNDER PARAGRAPH
(a) OF SUBSECTION (1) OF THIS SECTION AND THE AMOUNT OF ALCOHOL
IN SUCH PERSON'S BLOOD, AS SHOWN BY ANALYSIS OF THE PERSON'S BLOOD
OR BREATH, WAS 0.20 OR MORE GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS
OF BLOOD OR 0.20 OR MORE GRAMS OF ALCOHOL PER TWO HUNDRED TEN
LITERS OF BREATH AT THE TIME OF DRIVING OR WITHIN TWO HOURS AFTER
DRIVING, AND IF FOR SUCH INCIDENT SUCH PERSON IS THEN CONVICTED
OF THE LESSER OFFENSE OF DRIVING WHILE ABILITY IMPAIRED UNDER
PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THEN, BECAUSE
OF SUCH AGGRAVATING FACTOR, SUCH PERSON IS SUBJECT TO THE PENALTIES
IMPOSED BY PARAGRAPH (a) OF THIS SUBSECTION (9) FOR SUCH CONVICTION.
SECTION 6. 4241301
(9) (g), Colorado Revised Statutes, is amended to read:
4241301. Driving under
the influence driving while impaired driving with
excessive alcoholic content tests penalties
useful public service program alcohol and drug driving
safety program. (9) (g) In
addition to the penalties prescribed in this subsection (9):
(I) Persons convicted of violations of
subsection (1) or (2) of this section are subject to the costs
imposed by section 244.1119 (1) (c), C.R.S., relating
to the crime victim compensation fund; AND
(II) PERSONS CONVICTED OF VIOLATIONS OF
SUBSECTION (1) OR PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION
ARE SUBJECT TO AN ADDITIONAL PENALTY SURCHARGE OF NOT LESS THAN
TWENTYFIVE DOLLARS AND NOT MORE THAN FIVE HUNDRED DOLLARS
FOR PROGRAMS TO ADDRESS PERSISTENT DRUNK DRIVERS. ANY MONEYS
COLLECTED FOR SUCH SURCHARGE SHALL BE TRANSMITTED TO THE STATE
TREASURER, WHO SHALL CREDIT THE SAME TO THE PERSISTENT DRUNK DRIVER
CASH FUND CREATED BY SECTION 423130.5.
SECTION 7. 427406,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
427406. Proof required
under certain conditions. (1.5) (a) WHENEVER
THE DIRECTOR REVOKES THE LICENSE OF A PERSON UNDER SECTION 422126
(2) (a) (I), (2) (a) (II), OR (2) (a) (III) FOR A SECOND OR SUBSEQUENT
OFFENSE AND SUCH PERSON WAS DRIVING THE SAME VEHICLE IN TWO OR
MORE OF SUCH OFFENSES BUT DID NOT OWN SUCH VEHICLE, THE DIRECTOR
SHALL MAIL A NOTICE TO THE OWNER OF THE VEHICLE PURSUANT TO SECTION
422119 (2). IN SUCH NOTICE, THE DIRECTOR SHALL INFORM
THE OWNER THAT:
(I) THE OPERATOR OF THE MOTOR VEHICLE
OWNED BY THE OWNER HAS BEEN INVOLVED IN MULTIPLE ALCOHOLRELATED
DRIVING VIOLATIONS WHILE OPERATING THE OWNER'S VEHICLE;
(II) BECAUSE OF THE RISKS TO THE PUBLIC
CONNECTED WITH THE USE OF THE VEHICLE IN ALCOHOLRELATED
DRIVING VIOLATIONS, IT IS NECESSARY FOR THE MOTOR VEHICLE OWNER
TO ESTABLISH PROOF OF FINANCIAL RESPONSIBILITY;
(III) WITHIN THIRTY DAYS AFTER THE DATE
OF MAILING OF THE NOTICE, THE OWNER IS REQUIRED TO FILE PROOF
OF FINANCIAL RESPONSIBILITY FOR THE FUTURE PURSUANT TO THE REQUIREMENTS
OF SECTION 427408 OR TO REQUEST A HEARING REGARDING
THE APPLICABILITY OF THIS REQUIREMENT TO THE OWNER;
(IV) THE VEHICLE OWNER IS ENTITLED TO
A HEARING AND JUDICIAL REVIEW PURSUANT TO SECTION 427201;
(V) IF THE OWNER HAS NOT FILED PROOF OF
FINANCIAL RESPONSIBILITY OR REQUESTED A HEARING WITHIN THIRTY
DAYS AFTER THE DATE OF MAILING OF THE NOTICE, THE DEPARTMENT WILL
SUSPEND THE DRIVER'S LICENSE OR NONRESIDENT OPERATING PRIVILEGE
OF THE OWNER.
(b) IF PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE IS REQUIRED UNDER THIS SUBSECTION (1.5), SUCH PROOF
SHALL BE MAINTAINED FOR A PERIOD OF THREE YEARS AS REQUIRED BY
SECTION 427408 (1) (b).
(c) THIS SUBSECTION (1.5) DOES NOT APPLY
TO A MOTOR VEHICLE THAT IS:
(I) RENTED FROM A PERSON, FIRM, CORPORATION,
OR OTHER BUSINESS ENTITY WHOSE PRIMARY BUSINESS IS THE RENTAL
OF MOTOR VEHICLES; OR
(II) RENTED OR LOANED FROM A PERSON, FIRM,
CORPORATION, OR OTHER BUSINESS ENTITY WHOSE PRIMARY BUSINESS IS
OPERATION AS A MOTOR VEHICLE REPAIR FACILITY AND WHO IS PROVIDING
SUCH MOTOR VEHICLE TO THE PERSON WHILE A MOTOR VEHICLE IS BEING
REPAIRED.
SECTION 8. 164103
(1) and (2), Colorado Revised Statutes, are amended to read:
164103. Fixing of bail
and conditions of bail bond. (1) (a) At
the first appearance of a person in custody before a judge of
a court of record, the amount of bail and type of bond shall be
fixed by the judge, unless the person is subject to the provisions
of section 164101 (5), or an indictment, information,
or complaint has theretofore been filed and the amount of bail
and type of bond has been fixed upon the return of the indictment,
or filing of the information or complaint, in which event the
propriety of the bond shall be subject to reappraisal. The amount
of bail and type of bond shall be sufficient to assure compliance
with the conditions set forth in the bail bond.
(b) IF A PERSON IS ARRESTED UNDER SECTION
422138 (1) (d) (I), C.R.S., FOR DRIVING WHILE SUCH
PERSON'S DRIVER'S LICENSE OR PRIVILEGE TO DRIVE, EITHER AS A RESIDENT
OR NONRESIDENT, IS RESTRAINED SOLELY OR PARTIALLY BECAUSE OF A
CONVICTION OF A DRIVING OFFENSE PURSUANT TO SECTION 4241301
(1) OR (2) (a), C.R.S., THEN THE BAIL FOR SUCH PERSON SHALL BE
TEN THOUSAND DOLLARS OR SUCH AMOUNT AS IS SET AT A BAIL HEARING.
(c) BECAUSE OF THE DANGER POSED TO THE
PERSON AND TO OTHERS, A PERSON WHO IS ARRESTED FOR AN OFFENSE
UNDER SECTION 4241301 (1) OR (2) (a) MAY NOT ATTEND
A BAIL HEARING UNTIL SUCH PERSON IS NO LONGER INTOXICATED OR UNDER
THE INFLUENCE OF DRUGS. SUCH PERSON SHALL BE HELD IN CUSTODY
UNTIL SUCH PERSON MAY SAFELY ATTEND SUCH HEARING.
(2) A condition of every bail bond, and
the only condition for a breach of which a surety or security
on the bail bond may be subjected to forfeiture, is that the released
person appear to answer the charge against such person at a place
and upon a date certain and at any place or upon any date to which
the proceeding is transferred or continued. Further conditions
of every bail bond shall be that the released person not commit
any felony while at liberty on such bail bond and that the court
in which the action is pending have the power to revoke the release
of the defendant, to increase the bail bond, or to change any
bail bond condition if it is shown that a competent court has
found probable cause to believe that the defendant has committed
a felony while released pending adjudication of a prior felony
charge. A further condition of every bail bond in cases of domestic
violence as defined in section 186800.3 (1), C.R.S.,
shall be that the released person acknowledge the restraining
order as provided in section 1811001 (5), C.R.S.
A FURTHER CONDITION OF EVERY BAIL BOND IN A CASE OF AN OFFENSE
UNDER SECTION 422138 (1) (d) (I), C.R.S., OF DRIVING
WHILE SUCH PERSON'S DRIVER'S LICENSE OR PRIVILEGE TO DRIVE, EITHER
AS A RESIDENT OR NONRESIDENT, IS RESTRAINED SOLELY OR PARTIALLY
BECAUSE OF A CONVICTION OF A DRIVING OFFENSE PURSUANT TO SECTION
4241301 (1) OR (2) (a), C.R.S., SHALL BE THAT SUCH
PERSON NOT DRIVE ANY MOTOR VEHICLE DURING THE PERIOD OF SUCH DRIVING
RESTRAINT. In addition, the judge may impose such additional
conditions upon the conduct of the defendant as will, in the judge's
opinion, render it more likely that the defendant will fulfill
the other bail bond conditions. These additional conditions may
include submission of the defendant to the supervision of some
qualified person or organization. Any defendant whose bail bond
is revoked or increased under an order entered pursuant to this
section and who remains in custody must be tried on the charges
on which the bail bond has been increased or revoked within ninety
days after such order or within six months after the defendant's
arraignment on such charges, whichever date is earlier.
SECTION 9. Appropriation.
(1) In addition to any other appropriation, there
is hereby appropriated, out of any moneys in the persistent drunk
driver cash fund, created in section 423130.5, Colorado
Revised Statutes, not otherwise appropriated, to the department
of human services, for the fiscal year beginning July 1, 1998,
the sum of eight hundred ten thousand eight hundred seventyfive
dollars ($810,875), or so much thereof as may be necessary, for
the implementation of this act.
(2) In addition to any other appropriation,
there is hereby appropriated, to the department of transportation,
the sum of eight hundred ten thousand eight hundred seventyfive
dollars ($810,875), or so much thereof as may be necessary, for
the implementation of this act. Said sum shall be from cash funds
exempt received from the department of human services out of the
appropriation made in subsection (1) of this section.
SECTION 10. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to offenses committed on
or after said date.
SECTION 11. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO