First Regular Session
Sixty-second General Assembly
LLS NO. 99-0439.01 Gregg Fraser HOUSE BILL 99-1212
STATE OF COLORADO
BY REPRESENTATIVE Gotlieb;
also SENATOR Arnold.
REENGROSSED
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 []CONCERNING THE PRIMARY OFFENSE OF FAILURE TO WEAR A MOTOR
102 VEHICLE SAFETY BELT.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
Makes it a primary offense, punishable as a class B traffic infraction, for
a driver to operate a motor vehicle unless the driver and all front seat
passengers are wearing fastened safety belts.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Repeal. 42-4-237 (5), Colorado Revised Statutes,
3 is repealed as follows:
4 42-4-237. Safety belt systems - mandatory use - exemptions -
5 penalty. (5) No driver in a motor vehicle shall be cited for a violation
6 of subsection (2) of this section unless such driver was stopped by a law
7 enforcement officer for an alleged violation of articles 1 to 4 of this title
8 other than a violation of this section.
9 [SECTION 2. 42-4-237, Colorado Revised Statutes, is amended
10 BY THE ADDITION OF A NEW SUBSECTION to read:
11 42-4-237. Safety belt systems - mandatory use - exemptions -
12 penalty. (9) ON OR BEFORE FEBRUARY 1, 2004, THE TRANSPORTATION
13 & ENERGY COMMITTEE OF THE HOUSE AND THE TRANSPORTATION
14 COMMITTEE OF THE SENATE OF THE GENERAL ASSEMBLY SHALL REVIEW
15 THE EFFECTIVENESS OF THE PRIMARY ENFORCEMENT OF SAFETY BELTS
16 UNDER THIS SECTION, INCLUDING, BUT NOT LIMITED TO, A REVIEW OF THE
17 GENERAL RATE FILINGS SUBMITTED TO THE COMMISSIONER OF INSURANCE
18 BY INSURERS PURSUANT TO SECTION 10-4-706 (1) (f), C.R.S. IF EITHER
19 COMMITTEE FINDS THAT THE PRIMARY ENFORCEMENT OF SAFETY BELTS
20 UNDER THIS SECTION HAS BEEN INEFFECTIVE, THEN A BILL MAY BE
21 INTRODUCED TO REENACT THE SECONDARY ENFORCEMENT OF SAFETY
22 BELTS.]
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1 [SECTION 3. 42-4-237 (2), Colorado Revised Statutes, is
2 amended, and the said 42-4-237 is further amended BY THE ADDITION
3 OF A NEW SUBSECTION, to read:
4 42-4-237. Safety belt systems - mandatory use - exemptions -
5 penalty. (2) Unless exempted pursuant to subsection (3) of this section,
6 every driver of and every front seat passenger in a motor vehicle equipped
7 with a safety belt system shall wear a fastened safety belt while the motor
8 vehicle is being operated on a street or highway in this state. THE
9 FAILURE OF A DRIVER OF, OR A FRONT SEAT PASSENGER IN, A MOTOR
10 VEHICLE TO WEAR A FASTENED SAFETY BELT SHALL NOT CONSTITUTE
11 PROBABLE CAUSE FOR A LAW ENFORCEMENT OFFICER TO ARREST THE
12 DRIVER OR PASSENGER OR TO CONDUCT A SEARCH OF A MOTOR VEHICLE,
13 ITS CONTENTS, THE DRIVER, OR ANY PASSENGER.
14 (10) FROM JULY 1, 1999 TO DECEMBER 1, 1999, NO DRIVER IN A
15 MOTOR VEHICLE SHALL BE CITED FOR A VIOLATION OF SUBSECTION (2) OF
16 THIS SECTION UNLESS SUCH DRIVER WAS STOPPED BY A LAW
17 ENFORCEMENT OFFICER FOR AN ALLEGED VIOLATION OF ARTICLES 1 TO 4
18 OF THIS TITLE OTHER THAN A VIOLATION OF SUBSECTION (2) OF THIS
19 SECTION; EXCEPT THAT A DRIVER IN VIOLATION OF SUBSECTION (2) OF THIS
20 SECTION MAY BE ISSUED A WARNING NOTICE OF VIOLATION OF THE SAFETY
21 BELT REQUIREMENT UNDER THIS SECTION.]
22 SECTION [4.] Effective date - applicability. This act shall take
23 effect July 1,1999, and shall apply to offenses committed on or after said
24 date.
25 SECTION [5.] Safety clause. The general assembly hereby finds,
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1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.