First Regular Session
Sixty-second General Assembly
LLS NO. 99-0646.02 Jerry Barry HOUSE BILL 99-1220
STATE OF COLORADO
BY REPRESENTATIVE Swenson
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING THE DENIAL OF THE PRIVILEGE TO DRIVE DUE TO AN
102 OUTSTANDING WARRANT.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes the division of motor vehicles to deny a driver's license
or renewal of a license to any person who has an outstanding warrant for
the person's arrest issued by any Colorado state or local court.
Authorizes the division of motor vehicles to suspend the license of any
person who has an outstanding warrant issued by any state or local court.
Establishes procedures for the suspension of a person's license. Prohibits
the division from issuing a probationary license if a license is suspended
due to an outstanding warrant.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 42-2-104 (3) (c), Colorado Revised Statutes, is
3 amended to read:
4 42-2-104. Licenses issued - denied. (3) The department shall not
5 issue any license to:
6 (c) Any person whose license is subject to suspension or
7 revocation or who does not have a license but would be subject to
8 suspension or revocation pursuant to section 42-2-125, 42-2-126, or
[ ] 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.
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1 42-2-127, OR 42-2-127.1;
2 SECTION 2. 42-2-107 (5) (a) and (5) (c), Colorado Revised
3 Statutes, are amended to read:
4 42-2-107. Application for license or instruction permit -
5 anatomical gifts - donations to organ and tissue donation awareness
6 fund - legislative declaration. (5) (a) (I) Prior to the issuance of a
7 driver's, minor driver's, or provisional driver's license, the department
8 shall determine if there are any outstanding judgments or warrants
9 entered or issued against the applicant pursuant to section 42-4-1709 (7)
10 OR ANY OUTSTANDING WARRANTS FOR THE ARREST OF THE APPLICANT
11 ISSUED BY A COURT OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS
12 STATE.
13 (II) For the purposes of this subsection (5), "outstanding
14 judgments" or warrants" does AND "OUTSTANDING WARRANTS" DO not
15 include any judgment or warrant reported to the department in violation
16 of the provisions of section 42-4-110.5 (2) (c).
17 (c) (I) If the department determines that there are outstanding
18 judgments or warrants entered or issued against the applicant and the
19 applicant is subject PURSUANT to the provisions of section 42-4-1709 (7),
20 the license shall not be issued until the applicant has complied with the
21 requirements of that section.
22 (II) IF THE DEPARTMENT HAS RECORD OF ANY OTHER OUTSTANDING
23 WARRANTS FOR THE ARREST OF THE APPLICANT ISSUED BY A COURT OF
24 THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE, THE DEPARTMENT
25 SHALL NOT ISSUE A LICENSE UNTIL THE APPLICANT SUBMITS PROOF TO THE
26 DEPARTMENT THAT NO SUCH WARRANT IS OUTSTANDING.
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1 (III) Any person who satisfies an outstanding judgment or warrant
2 entered pursuant to section 42-4-1709 (7) shall pay to the court a
3 thirty-dollar administrative processing fee for each such judgment or
4 warrant in addition to all other penalties, costs, or forfeitures. The court
5 shall remit fifty percent of the administrative processing fee to the
6 department of revenue, and the other fifty percent shall be retained by the
7 issuing court.
8 SECTION 3. 42-2-118 (3) (a), (3) (b), and (3) (c), Colorado
9 Revised Statutes, are amended to read:
10 42-2-118. Renewal of license in person or by mail - donations
11 to organ and tissue donation awareness fund. (3) (a) (I) Prior to the
12 renewal of a permanent driver's license or the issuance or renewal of a
13 probationary license, the department shall determine if the applicant has:
14 (A) ANY OUTSTANDING WARRANTS FOR THE PERSON'S ARREST
15 ISSUED BY A COURT OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS
16 STATE;
17 (B) Any outstanding judgments or warrants entered or issued
18 against the applicant PURSUANT TO SECTION 42-4-1709 (7); or
19 (C) If the applicant has issued a check or order to the department
20 for the payment of a penalty assessment and such check or order was
21 returned for insufficient funds or a closed account and remains unpaid as
22 set forth in section 42-4-1709 (7).
23 (II) For the purposes of this subsection (3), "outstanding
24 judgments" or warrants" does AND "OUTSTANDING WARRANTS" DO not
25 include any judgment or warrant reported to the department in violation
26 of the provisions of section 42-4-110.5 (2) (c).
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1 (b) (I) If there are no outstanding judgments PURSUANT TO
2 SECTION 42-4-1709 (7) or warrants entered or issued against the applicant
3 and the applicant has not issued a check or order to the department that
4 was returned for insufficient funds or a closed account and that remains
5 unpaid as set forth in section 42-4-1709 (7) and if all other conditions for
6 renewal pursuant to articles 1 to 4 of this title are met, the department
7 shall renew the applicant's permanent driver's license.
8 (II) If there are no outstanding judgments PURSUANT TO SECTION
9 42-2-1709 (7) or warrants entered or issued against the applicant and the
10 defendant APPLICANT has not issued a check or order to the department
11 that was returned for insufficient funds or a closed account and that
12 remains unpaid as set forth in section 42-4-1709 (7) and if all other
13 conditions for renewal pursuant to articles 1 to 4 of this title are met, the
14 department may issue or renew the applicant's probationary license.
15 (c) (I) If the department determines that the applicant is subject to
16 the requirements of section 42-4-1709 (7), the permanent driver's license
17 shall not be renewed or the probationary license may not be issued or
18 renewed until such applicant has complied with said section.
19 (II) IF THE DEPARTMENT HAS RECORD OF ANY OTHER OUTSTANDING
20 WARRANTS FOR THE ARREST OF THE APPLICANT ISSUED BY A COURT OF
21 THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE, THE DEPARTMENT
22 SHALL NOT ISSUE A LICENSE UNTIL THE APPLICANT SUBMITS PROOF TO THE
23 DEPARTMENT THAT NO SUCH WARRANT IS OUTSTANDING.
24 (III) Any person who pays any outstanding judgments ENTERED
25 PURSUANT TO SECTION 42-4-1709 (7), who has any warrants entered
26 PURSUANT TO SECTION 42-4-1709 (7), or who makes payment for a check
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1 or order to the department that had been returned for insufficient funds
2 or a closed account pursuant to section 42-4-1709 (7) shall pay to the
3 court or to the department a thirty-dollar administrative processing cost
4 for each such judgment, warrant, check, or order in addition to all other
5 penalties, costs, or forfeitures. If the court collects an administrative
6 processing fee, the court shall remit fifty percent of the administrative
7 processing fee to the department of revenue, and the other fifty percent
8 of that fee is to be retained by the issuing court. If the department
9 collects an administrative processing fee, the department shall retain the
10 fee.
11 SECTION 4. Part 1 of article 2 of title 42, Colorado Revised
12 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
13 read:
14 42-2-127.1. Authority to suspend license - outstanding court
15 warrants. (1) THE DEPARTMENT MAY SUSPEND THE LICENSE OF ANY
16 DRIVER WHO IS SUBJECT TO AN OUTSTANDING WARRANT FOR THE DRIVER'S
17 ARREST ISSUED BY ANY COURT OF THIS OR ANY OTHER STATE OR OF A
18 POLITICAL SUBDIVISION OF THIS OR ANY OTHER STATE.
19 (2) (a) UPON RECEIPT OF A COPY OF THE ORDER FOR THE WARRANT
20 FROM THE CLERK OF A COURT OF THIS STATE OR A POLITICAL SUBDIVISION
21 OF THIS STATE, THE DEPARTMENT SHALL SEND WRITTEN NOTICE TO THE
22 PERSON IDENTIFIED IN THE COURT ORDER THAT SUCH PERSON SHALL BE
23 REQUIRED TO PROVIDE THE DEPARTMENT WITH PROOF THAT THE WARRANT
24 IS NO LONGER OUTSTANDING WITHIN THIRTY DAYS AFTER THE DATE SUCH
25 NOTICE IS SENT OR SUCH PERSON'S DRIVER'S LICENSE WILL BE SUSPENDED.
26 PROOF THAT THE WARRANT IS NO LONGER OUTSTANDING SHALL BE IN THE
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1 FORM OF A CERTIFICATE ISSUED BY THE CLERK OF THE COURT ISSUING THE
2 WARRANT IN A FORM APPROVED BY THE EXECUTIVE DIRECTOR.
3 (b) (I) WHENEVER A LAW ENFORCEMENT OFFICER DETERMINES
4 THAT THERE EXISTS AN OUTSTANDING WARRANT FOR THE ARREST OF A
5 PERSON DRIVING IN THIS STATE ISSUED BY A COURT OF THIS OR ANOTHER
6 STATE OR A POLITICAL SUBDIVISION OF THIS OR ANOTHER STATE, THE
7 OFFICER SHALL FORWARD TO THE DEPARTMENT AN AFFIDAVIT THAT
8 INCLUDES A STATEMENT OF WHEN AND WHERE THE PERSON WAS DRIVING
9 AND A COPY OF THE WARRANT FOR THE PERSON'S ARREST.
10 (II) UPON RECEIPT OF THE AFFIDAVIT AND COPY OF ARREST
11 WARRANT DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), THE
12 DEPARTMENT SHALL SEND WRITTEN NOTICE TO THE PERSON IDENTIFIED IN
13 THE COURT ORDER THAT SUCH PERSON SHALL BE REQUIRED TO PROVIDE
14 THE DEPARTMENT WITH PROOF THAT THE WARRANT IS NO LONGER
15 OUTSTANDING WITHIN THIRTY DAYS AFTER THE DATE SUCH NOTICE IS SENT
16 OR SUCH PERSON'S DRIVER'S LICENSE WILL BE SUSPENDED. PROOF THAT
17 THE WARRANT IS NO LONGER OUTSTANDING SHALL BE IN THE FORM OF A
18 CERTIFICATE ISSUED BY THE CLERK OF THE COURT ISSUING THE WARRANT
19 IN A FORM APPROVED BY THE EXECUTIVE DIRECTOR.
20 (3) (a) IF PROOF IS NOT RECEIVED BY THE DEPARTMENT WITHIN
21 THIRTY DAYS AFTER THE DATE WRITTEN NOTICE IS SENT PURSUANT TO
22 SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT SHALL SUSPEND THE
23 DRIVER'S LICENSE OF THE PERSON FOR WHOM THE WARRANT WAS ISSUED
24 AND SHALL NOT REINSTATE SUCH LICENSE UNTIL PROOF IN THE FORM
25 REQUIRED BY SUBSECTION (2) OF THIS SECTION IS PROVIDED.
26 (b) THE DRIVER SHALL NOT HAVE A RIGHT TO A HEARING ON A
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1 LICENSE SUSPENSION PURSUANT TO THIS SUBSECTION (3). ANY HEARING
2 ON THE EXISTENCE OF THE WARRANT MUST BE BEFORE THE COURT ISSUING
3 THE WARRANT.
4 (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE
5 EVENT THAT A DRIVER'S LICENSE IS SUSPENDED PURSUANT TO SUBSECTION
6 (3) OF THIS SECTION, THE DEPARTMENT MAY NOT ISSUE A PROBATIONARY
7 LICENSE TO THAT DRIVER.
8 SECTION 5. Effective date - applicability. (1) This act shall
9 take effect September 1, 1999, unless a referendum petition is filed during
10 the ninety-day period after final adjournment of the general assembly that
11 is allowed for submitting a referendum petition pursuant to article V,
12 section 1 (3) of the state constitution. If such a referendum petition is
13 filed against this act or an item, section, or part of this act within such
14 period, then the act, item, section, or part, if approved by the people, shall
15 take effect on the date of the official declaration of the vote thereon by
16 proclamation of the governor.
17 (2) The provisions of this act shall apply to any person driving in
18 this state on or after the applicable effective date of this act who has an
19 outstanding warrant issued on, before, or after the effective date of this
20 act. The provisions of this act shall also apply to applications for licenses
21 or renewal of licenses filed on or after the applicable effective date of this
22 act.