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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0251.01 JLB SENATE BILL 98­098

STATE OF COLORADO

BY SENATOR Rupert

TRANSPORTATION

A BILL FOR AN ACT

CONCERNING A PROHIBITION AGAINST OCCUPYING A MOTOR VEHICLE WITH A CHILD AS A PASSENGER IF A LIT SMOKING DEVICE IS PRESENT IN THE MOTOR VEHICLE.

Bill Summary

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

Makes it unlawful for a person 16 years of age or older to occupy a motor vehicle when a child under 16 years of age is a passenger if such person holds or is in control of a lit cigarette, cigar, or pipe. Makes any such violation a class B traffic infraction. Sets the fine for a violation at $56.00.

States that evidence at trial may include a law enforcement officer's observation of a violation or evidence that the person charged extinguished or disposed of a cigarette, cigar, or pipe upon detection by a law enforcement officer.

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

SECTION 1.  Part 14 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­4­1414.  Prohibition against a lit smoking device while children under sixteen years of age are present ­ penalty. (1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "MOTOR VEHICLE" MEANS A SELF­PROPELLED VEHICLE INTENDED PRIMARILY FOR USE AND OPERATION ON THE PUBLIC HIGHWAYS, INCLUDING PASSENGER CARS, STATION WAGONS, SPORT UTILITY VEHICLES, VANS, TAXICABS, SCHOOL BUSES, PASSENGER BUSES, AMBULANCES, MOTOR HOMES, AND PICKUPS. THE TERM DOES NOT INCLUDE MOTORCYCLES, MOTORSCOOTERS, MOTOR BICYCLES, MOTORIZED BICYCLES, AND FARM TRACTORS AND IMPLEMENTS OF HUSBANDRY DESIGNED PRIMARILY OR EXCLUSIVELY FOR USE IN AGRICULTURAL OPERATIONS.

(2)  NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL OCCUPY A MOTOR VEHICLE WHEN A CHILD UNDER SIXTEEN YEARS OF AGE IS A PASSENGER IF SUCH PERSON HOLDS OR IS IN CONTROL OF A LIT CIGARETTE, CIGAR, OR PIPE. ANY PERSON WHO VIOLATES THIS SECTION COMMITS A CLASS B TRAFFIC INFRACTION.

(3)  EVIDENCE AT A TRIAL FOR A VIOLATION CHARGED PURSUANT TO SUBSECTION (2) OF THIS SECTION MAY INCLUDE, BUT IS NOT LIMITED TO:

(a)  TESTIMONY BY A LAW ENFORCEMENT OFFICER THAT SUCH OFFICER OBSERVED THE PERSON CHARGED WITH OCCUPYING A MOTOR VEHICLE WHILE SAID PERSON WAS IN VIOLATION OF SUBSECTION (2) OF THIS SECTION; OR

(b)  EVIDENCE THAT THE PERSON CHARGED EXTINGUISHED OR DISPOSED OF A LIT CIGARETTE, CIGAR, OR PIPE UPON DETECTION OF A VIOLATION OF SUBSECTION (2) OF THIS SECTION BY A LAW ENFORCEMENT OFFICER.

(4)  THE OFFICE OF TRANSPORTATION SAFETY IN THE DEPARTMENT OF TRANSPORTATION MAY ESTABLISH A PROGRAM FOR PUBLIC INFORMATION AND EDUCATION CONCERNING THE DANGERS OF SECONDHAND TOBACCO SMOKE FOR CHILDREN CONFINED IN MOTOR VEHICLES AND SHALL INCLUDE WITHIN ANY SUCH PROGRAM THE REQUIREMENTS OF AND PENALTY IMPOSED BY THIS SECTION.

SECTION 2.  42­4­1701 (4) (a) (I) (N), Colorado Revised Statutes, is amended to read:

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (a) (I)  Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24­4.2­104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub­subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

Section Violated Penalty Surcharge

(N)  Other offenses:

42­4­1301 (2) (a.5)  $ 50.00 $ 6.00

42­4­1402 50.00 6.00

42­4­1403 15.00 2.00

42­4­1404 15.00 2.00

42­4­1406 35.00 4.00

42­4­1407 35.00 4.00

42­4­314 35.00 4.00

42­4­1408 15.00 2.00

42­4­1414 50.00 6.00

SECTION 3.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses occurring 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.