Second Regular Session
Sixty-first General Assembly
LLS NO. 980554.01 MCV
SENATE BILL 98125
STATE OF COLORADO
BY SENATOR Chlouber;
also REPRESENTATIVE Epps.
JUDICIARY
A BILL FOR AN ACT
CONCERNING ENABLING LAW ENFORCEMENT OFFICERS TO USE
PHOTOGRAPHIC DOCUMENTS ISSUED BY THE DEPARTMENT OF REVENUE TO
DETERMINE WHETHER A PERSON HAS BEEN CONVICTED OF A SERIOUS CRIMINAL
OFFENSE.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Requires any person applying for a driver's license or identification card or applying to renew a driver's license or identification card to indicate whether such person has been convicted of a felony in the previous 10 years. Directs the department of revenue to revoke the driver's license or cancel or deny the identification card of any person who is found to have been convicted of a felony during such period and who failed to indicate such fact on his or her driver's license or identification card application. Provides that the period of such revocation, cancellation, or denial is one year.
If a person has indicated on such person's driver's license or identification card application that he or she was convicted of a felony during the previous 10 years, directs the department to provide information on such person's driver's license or identification card that will inform law enforcement about the felony conviction. Directs the department to determine the form of such information. Authorizes a person who has been issued such a driver's license or identification card to apply to the department for a new license or card that does not contain such information if:
$ All felony convictions of such person occurring during the previous 10 years have been vacated; or
$ More
than 10 years have elapsed since such person's last felony conviction.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 422107 (2) (a), Colorado Revised Statutes, is amended to read:
422107. Application for
license or instruction permit anatomical gifts donations
to organ and tissue donation awareness fund legislative
declaration. (2) (a) (I) Every
application shall state the full name, date of birth, sex, and
residence address of the applicant; briefly describe the applicant;
be signed by the applicant with such applicant's usual signature;
have affixed thereon the applicant's fingerprint; and
state whether the licensee has ever been licensed as a minor driver,
provisional driver, or driver and, if so, when and by what state
or country and whether any such license has ever been denied,
suspended, or revoked, the reasons therefor, and the date thereof;
AND SHALL STATE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A
FELONY IN COLORADO OR IN ANOTHER STATE, TERRITORY, OR POSSESSION
OF THE UNITED STATES DURING THE PREVIOUS TEN YEARS. These statements
shall be verified by the applicant's signature thereon.
(II) IF A LICENSE APPLICATION INDICATES THAT THE APPLICANT WAS CONVICTED OF A FELONY DURING THE PREVIOUS TEN YEARS, THE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING SUCH FACT ON THE APPLICANT'S DRIVER'S LICENSE PURSUANT TO THE REQUIREMENTS OF SECTION 422114 (1) (a) (II).
SECTION 2. 422114 (1) (a), Colorado Revised Statutes, is amended to read:
422114. License issued fees. (1) (a) (I) The department, upon payment of the required fee, shall issue to every applicant qualifying therefor a driver's, minor driver's, or provisional driver's license, as applied for, which license shall bear thereon the photograph of the licensee, which shall be taken and processed with equipment leased or owned by the department; a distinguishing number assigned to the licensee; the full name, date of birth, and residence address and a brief description of the licensee; the type or general class of vehicles the licensee may drive; any restrictions applicable to the licensee; the expiration date of the license; the official seal of the department; a reference to the previous license issued to the licensee; the usual signature of the licensee; and, at the licensee's option, an identification number which shall be the licensee's social security number.
(II) IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), IF THE DRIVER'S LICENSE APPLICATION OF A PERSON INDICATES THAT THE PERSON WAS CONVICTED OF A FELONY DURING THE TEN YEARS PRIOR TO THE DRIVER'S LICENSE APPLICATION, THEN THE DRIVER'S LICENSE OF SUCH PERSON SHALL INCLUDE INFORMATION THAT WILL INFORM LAW ENFORCEMENT OFFICERS ABOUT THE EXISTENCE OF SUCH FELONY CONVICTION. THE DEPARTMENT SHALL DETERMINE THE APPROPRIATE FORM OF SUCH INFORMATION ON DRIVERS' LICENSES. A PERSON WHO HAS BEEN ISSUED A DRIVER'S LICENSE CONTAINING INFORMATION REGARDING FELONY CONVICTIONS MAY, UPON PAYING THE FEE REQUIRED BY THIS SECTION FOR A NEW DRIVER'S LICENSE, APPLY TO THE DEPARTMENT FOR ISSUANCE OF A DRIVER'S LICENSE THAT DOES NOT CONTAIN SUCH INFORMATION IF SUCH PERSON CAN DEMONSTRATE TO THE DEPARTMENT THAT:
(A) ALL FELONY CONVICTIONS OF THE PERSON THAT OCCURRED DURING THE TENYEAR PERIOD PRIOR TO THE DATE OF APPLICATION FOR A NEW LICENSE HAVE BEEN VACATED; OR
(B) ON THE DATE OF APPLICATION, MORE THAN TEN YEARS HAVE ELAPSED SINCE SUCH PERSON'S LAST FELONY CONVICTION.
SECTION 3. 422118 (1) (a) (I), Colorado Revised Statutes, is amended to read:
422118. Renewal of license
in person or by mail donations to organ and tissue donation
awareness fund. (1) (a) (I) Every
license issued under section 422114 shall be renewable
prior to its expiration, upon application in person or by mail
as provided in subsection (1.3) of this section, payment of the
required fee, passing of an eye test, passing of such other examinations
as the applicant's physical limitations or driver's record indicates
to be desirable, and
payment of any penalty assessment, fine, cost, or forfeiture as
prescribed by subsection (3) of this section, AND PROVISION OF
A STATEMENT INDICATING WHETHER THE APPLICANT HAS BEEN CONVICTED
OF A FELONY IN COLORADO OR IN ANOTHER STATE, TERRITORY, OR POSSESSION
OF THE UNITED STATES DURING THE PREVIOUS TEN YEARS. IF A DRIVER'S
LICENSE RENEWAL APPLICATION INDICATES THAT THE APPLICANT WAS CONVICTED
OF A FELONY DURING THE PREVIOUS TEN YEARS, THE DEPARTMENT SHALL
INCLUDE INFORMATION REGARDING SUCH FACT ON THE APPLICANT'S DRIVER'S
LICENSE PURSUANT TO THE REQUIREMENTS OF SECTION 422114
(1) (a) (II).
SECTION 4. 422125 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
422125. Mandatory revocation of license and permit. (1) The department shall immediately revoke the license or permit of any driver, minor driver, or provisional driver upon receiving a record showing that such driver has:
(o) FAILED TO INFORM THE DEPARTMENT THE DRIVER WAS CONVICTED OF A FELONY IN COLORADO OR IN ANOTHER STATE, TERRITORY, OR POSSESSION OF THE UNITED STATES DURING THE TENYEAR PERIOD PRIOR TO THE DRIVER'S LICENSE APPLICATION OR DRIVER'S LICENSE RENEWAL APPLICATION PURSUANT TO THE REQUIREMENTS OF SECTION 422107 (2) (a) OR 422118 (1) (a) (I).
SECTION 5. 422125, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
422125. Mandatory revocation of license and permit. (8) THE PERIOD OF REVOCATION FOR FAILURE TO PROVIDE INFORMATION REGARDING A FELONY CONVICTION UNDER PARAGRAPH (o) OF SUBSECTION (1) OF THIS SECTION IS ONE YEAR.
SECTION 6. 422302 (1) (a), (3) (a) (I), and (3) (a) (II), Colorado Revised Statutes, are amended, and the said 422302 (3) (a) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
422302. Department may issue limitations. (1) (a) Any person, which for purposes of this part 3 means a resident of this state, may be issued an identification card by the department certified by the registrant and attested by the department as to true name, date of birth, current address, social security number, if any, and any other identifying data the department may require. AN APPLICATION FOR AN IDENTIFICATION CARD SHALL STATE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN COLORADO OR IN ANOTHER STATE, TERRITORY, OR POSSESSION OF THE UNITED STATES DURING THE PREVIOUS TEN YEARS. Every application for an identification card shall be signed and verified by the applicant before a person authorized to administer oaths or by an employee of the department.
(3) (a) The department has the authority to cancel, deny, or deny the reissuance of the identification card of a person upon determining that the person is not entitled to issuance of the identification card for the following reasons:
(I) Failure to give the required or correct
information in an application or commission of any fraud in making
such application; or
(II) Permission of an unlawful or fraudulent use or conviction of misuse of an identification card; OR
(III) FAILURE TO INFORM THE DEPARTMENT THAT THE APPLICANT WAS CONVICTED OF A FELONY IN COLORADO OR IN ANOTHER STATE, TERRITORY, OR POSSESSION OF THE UNITED STATES DURING THE TENYEAR PERIOD PRIOR TO THE IDENTIFICATION CARD APPLICATION OR IDENTIFICATION CARD RENEWAL APPLICATION PURSUANT TO THE REQUIREMENTS OF PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION. IF THE IDENTIFICATION CARD OF A PERSON IS CANCELLED OR DENIED PURSUANT TO THIS SUBPARAGRAPH (III), THE PERSON IS NOT ELIGIBLE TO OBTAIN AN IDENTIFICATION CARD FOR A PERIOD OF ONE YEAR.
SECTION 7. 422303 (1) (a), Colorado Revised Statutes, is amended to read:
422303. Contents of identification card. (1) (a) (I) The identification card shall be the same size as a driver's license issued pursuant to parts 1 and 2 of this article. The card shall adequately describe the registrant, bear the registrant's picture, and bear the following: "State of Colorado", "Identification Card No. ....", and "This is not a driver's license. "Each identification card issued to an individual under this section shall show a photograph of the registrant's full face.
(II) IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), IF THE IDENTIFICATION CARD APPLICATION OF A PERSON INDICATES THAT THE PERSON WAS CONVICTED OF A FELONY DURING THE TEN YEARS PRIOR TO THE APPLICATION, THEN THE IDENTIFICATION CARD OF SUCH PERSON SHALL INCLUDE INFORMATION THAT WILL INFORM LAW ENFORCEMENT OFFICERS ABOUT THE EXISTENCE OF SUCH FELONY CONVICTION. THE DEPARTMENT SHALL DETERMINE THE APPROPRIATE FORM OF SUCH INFORMATION ON IDENTIFICATION CARDS. A PERSON WHO HAS BEEN ISSUED AN IDENTIFICATION CARD CONTAINING INFORMATION REGARDING FELONY CONVICTIONS MAY, UPON PAYING THE FEE REQUIRED BY SECTION 422306 FOR A NEW IDENTIFICATION CARD, APPLY TO THE DEPARTMENT FOR ISSUANCE OF AN IDENTIFICATION CARD THAT DOES NOT CONTAIN SUCH INFORMATION IF SUCH PERSON CAN DEMONSTRATE TO THE DEPARTMENT THAT:
(A) ALL FELONY CONVICTIONS OF THE PERSON THAT OCCURRED DURING THE TENYEAR PERIOD PRIOR TO THE DATE OF APPLICATION FOR A NEW CARD HAVE BEEN VACATED; OR
(B) ON THE DATE OF APPLICATION, MORE THAN TEN YEARS HAVE ELAPSED SINCE SUCH PERSON'S LAST FELONY CONVICTION.
SECTION 8. 422304 (1.5), Colorado Revised Statutes, is amended to read:
422304. Validity of identification card. (1.5) Any individual who has been issued an identification card pursuant to this section may renew the card prior to the expiration of the card upon application in person and payment of the required fee. IN ADDITION TO ANY OTHER REQUIREMENT, AN APPLICATION FOR RENEWAL OF AN IDENTIFICATION CARD SHALL STATE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN COLORADO OR IN ANOTHER STATE, TERRITORY, OR POSSESSION OF THE UNITED STATES DURING THE PREVIOUS TEN YEARS. IF THE APPLICATION INDICATES THAT THE APPLICANT HAS BEEN CONVICTED OF SUCH A FELONY, THE RENEWED CARD SHALL CONTAIN THE INFORMATION REQUIRED BY SECTION 422303 (1) (a) (II).
SECTION 9. 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 driver's license and identification card applications and renewal applications made on or after the applicable effective date of this act.