First Regular Session
Sixty-second General Assembly
LLS NO. 99-0417.01 Jerry Barry SENATE BILL 99-115
STATE OF COLORADO
BY SENATOR Chlouber
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE USE OF A PHOTOGRAPHIC DOCUMENT ISSUED BY THE
102 DEPARTMENT OF REVENUE TO DETERMINE WHETHER A PERSON HAS
103 BEEN CONVICTED OF A VIOLENT CRIME.
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 violent
crime in the previous 5 years. Specifies what crimes constitute violent
crimes.
If a person has indicated on such person's driver's license or
identification card application that he or she was convicted of a violent
crime during the previous 5 years, directs the department of revenue to
provide information on such person's driver's license or identification card
that will inform law enforcement officers about the conviction.
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 convictions for violent crimes of such person occurring
during the previous 5 years have been vacated; or
More than 5 years have elapsed since such person's last
conviction for a violent crime.
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 violent crime during such period and who failed to
indicate such fact on his or her driver's license or identification card
[ ] 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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application. Provides that the period of such revocation, cancellation, or
denial is one year.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 42-1-102, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW SUBSECTION to read:
4 42-1-102. Definitions. As used in articles 1 to 4 of this title,
5 unless the context otherwise requires:
6 (112.5) "VIOLENT CRIME" MEANS:
7 (a) MURDER IN THE FIRST OR SECOND DEGREE, IN VIOLATION OF
8 SECTION 18-3-102 OR 18-3-103, C.R.S.;
9 (b) ASSAULT IN THE FIRST OR SECOND DEGREE, IN VIOLATION OF
10 SECTION 18-3-202 OR 18-3-203, C.R.S.;
11 (c) KIDNAPPING IN THE FIRST OR SECOND DEGREE, IN VIOLATION OF
12 SECTION 18-3-301 OR 18-3-302, C.R.S.;
13 (d) UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
14 18-3-412.5 (1) (b), C.R.S.;
15 (e) AGGRAVATED ROBBERY, IN VIOLATION OF SECTION 18-4-302,
16 C.R.S.; OR
17 (f) ANY OFFENSE COMMITTED IN ANOTHER STATE THAT IF
18 COMMITTED IN COLORADO WOULD CONSTITUTE ONE OF THE OFFENSES
19 DESCRIBED IN PARAGRAPHS (a) TO (e) OF THIS SUBSECTION (112.5).
20 SECTION 2. 42-2-107 (2) (a), Colorado Revised Statutes, is
21 amended to read:
22 42-2-107. Application for license or instruction permit -
23 anatomical gifts - donations to organ and tissue donation awareness
24 fund - legislative declaration. (2) (a) (I) Every application shall state
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1 the full name, date of birth, sex, and residence address of the applicant;
2 briefly describe the applicant; be signed by the applicant with such
3 applicant's usual signature; have affixed thereon the applicant's
4 fingerprint; and state whether the licensee has ever been licensed as a
5 minor driver, provisional driver, or driver and, if so, when and by what
6 state or country and whether any such license has ever been denied,
7 suspended, or revoked, the reasons therefor, and the date thereof; AND
8 SHALL STATE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A
9 VIOLENT CRIME DURING THE PREVIOUS FIVE YEARS. These statements
10 shall be verified by the applicant's signature thereon.
11 (II) IF A DRIVER'S LICENSE APPLICATION INDICATES THAT THE
12 APPLICANT WAS CONVICTED OF A VIOLENT CRIME DURING THE PREVIOUS
13 FIVE YEARS, THE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING
14 SUCH FACT ON THE APPLICANT'S DRIVER'S LICENSE PURSUANT TO THE
15 REQUIREMENTS OF SECTION 42-2-114 (1) (a) (II).
16 SECTION 3. 42-2-114 (1) (a), Colorado Revised Statutes, is
17 amended to read:
18 42-2-114. License issued - fees. (1) (a) (I) The department, upon
19 payment of the required fee, shall issue to every applicant qualifying
20 therefor a driver's, minor driver's, or provisional driver's license, as
21 applied for, which license shall bear thereon the photograph of the
22 licensee, which shall be taken and processed with equipment leased or
23 owned by the department; a distinguishing number assigned to the
24 licensee; the full name, date of birth, and residence address and a brief
25 description of the licensee; the type or general class of vehicles the
26 licensee may drive; any restrictions applicable to the licensee; the
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1 expiration date of the license; the official seal of the department; a
2 reference to the previous license issued to the licensee; the usual
3 signature of the licensee; and, at the licensee's option, an identification
4 number which shall be the licensee's social security number.
5 (II) IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPH (I) OF
6 THIS PARAGRAPH (a), IF THE DRIVER'S LICENSE APPLICATION INDICATES
7 THAT THE APPLICANT WAS CONVICTED OF A VIOLENT CRIME DURING THE
8 FIVE YEARS PRIOR TO THE DATE OF THE DRIVER'S LICENSE APPLICATION,
9 THEN THE DRIVER'S LICENSE OF SUCH PERSON SHALL INCLUDE
10 INFORMATION THAT WILL INFORM LAW ENFORCEMENT OFFICERS ABOUT
11 THE EXISTENCE OF SUCH CONVICTION. THE DEPARTMENT SHALL
12 DETERMINE THE APPROPRIATE FORM OF SUCH INFORMATION ON DRIVERS'
13 LICENSES. A PERSON WHO HAS BEEN ISSUED A DRIVER'S LICENSE
14 CONTAINING INFORMATION REGARDING CONVICTION OF A VIOLENT CRIME
15 MAY, UPON PAYING THE FEE REQUIRED BY THIS SECTION FOR A NEW
16 DRIVER'S LICENSE, APPLY TO THE DEPARTMENT FOR ISSUANCE OF A
17 DRIVER'S LICENSE THAT DOES NOT CONTAIN SUCH INFORMATION IF SUCH
18 PERSON CAN DEMONSTRATE TO THE DEPARTMENT THAT:
19 (A) ALL CONVICTIONS FOR VIOLENT CRIMES OF THE PERSON THAT
20 OCCURRED DURING THE FIVE-YEAR PERIOD PRIOR TO THE DATE OF
21 APPLICATION FOR A NEW DRIVER'S LICENSE HAVE BEEN VACATED; OR
22 (B) ON THE DATE OF APPLICATION FOR A DRIVER'S LICENSE THAT
23 DOES NOT CONTAIN INFORMATION ABOUT CRIMINAL CONVICTIONS, MORE
24 THAN FIVE YEARS HAVE ELAPSED SINCE SUCH PERSON'S LAST CONVICTION
25 OF A VIOLENT CRIME.
26 SECTION 4. 42-2-118 (1) (a) (I), Colorado Revised Statutes, is
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1 amended to read:
2 42-2-118. Renewal of license in person or by mail - donations
3 to organ and tissue donation awareness fund. (1) (a) (I) Every license
4 issued under section 42-2-114 shall be renewable prior to its expiration,
5 upon application in person or by mail as provided in subsection (1.3) of
6 this section, payment of the required fee, passing of an eye test, passing
7 of such other examinations as the applicant's physical limitations or
8 driver's record indicates to be desirable, and payment of any penalty
9 assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this
10 section, AND PROVISION OF A STATEMENT INDICATING WHETHER THE
11 APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME DURING THE
12 PREVIOUS FIVE YEARS. IF A DRIVER'S LICENSE RENEWAL APPLICATION
13 INDICATES THAT THE APPLICANT WAS CONVICTED OF A VIOLENT CRIME
14 DURING THE PREVIOUS FIVE YEARS, THE DEPARTMENT SHALL INCLUDE
15 INFORMATION REGARDING SUCH FACT ON THE APPLICANT'S DRIVER'S
16 LICENSE PURSUANT TO THE REQUIREMENTS OF SECTION 42-2-114 (1) (a)
17 (II).
18 SECTION 5. 42-2-125 (1), Colorado Revised Statutes, is
19 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
20 42-2-125. Mandatory revocation of license and permit.
21 (1) The department shall immediately revoke the license or permit of any
22 driver, minor driver, or provisional driver upon receiving a record
23 showing that such driver has:
24 (o) FAILED TO INFORM THE DEPARTMENT THAT THE DRIVER WAS
25 CONVICTED OF A VIOLENT CRIME DURING THE FIVE-YEAR PERIOD PRIOR TO
26 THE DATE OF THE DRIVER'S LICENSE APPLICATION OR DRIVER'S LICENSE
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1 RENEWAL APPLICATION PURSUANT TO THE REQUIREMENTS OF SECTION
2 42-2-107 (2) (a) OR 42-2-118 (1) (a) (I).
3 SECTION 6. 42-2-125, Colorado Revised Statutes, is amended
4 BY THE ADDITION OF A NEW SUBSECTION to read:
5 42-2-125. Mandatory revocation of license and permit.
6 (8) THE PERIOD OF REVOCATION FOR FAILURE TO PROVIDE INFORMATION
7 REGARDING A CONVICTION FOR A VIOLENT CRIME UNDER PARAGRAPH (o)
8 OF SUBSECTION (1) OF THIS SECTION IS ONE YEAR.
9 SECTION 7. 42-2-302 (1) (a), (3) (a) (III), and (3) (a) (IV),
10 Colorado Revised Statutes, are amended, and the said 42-2-302 (3) (a) is
11 further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,
12 to read:
13 42-2-302. Department may issue - limitations. (1) (a) Any
14 person, which for purposes of this part 3 means a resident of this state,
15 may be issued an identification card by the department certified by the
16 registrant and attested by the department as to true name, date of birth,
17 current address, social security number, if any, and any other identifying
18 data the department may require. AN APPLICATION FOR AN
19 IDENTIFICATION CARD SHALL STATE WHETHER THE APPLICANT HAS BEEN
20 CONVICTED OF A VIOLENT CRIME DURING THE PREVIOUS FIVE YEARS.
21 Every application for an identification card shall be signed and verified
22 by the applicant before a person authorized to administer oaths or by an
23 employee of the department.
24 (3) (a) The department has the authority to cancel, deny, or deny
25 the reissuance of the identification card of a person upon determining that
26 the person is not entitled to issuance of the identification card for the
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1 following reasons:
2 (III) The person is not lawfully present in the United States; or
3 (IV) The person is not a resident of the state of Colorado; OR
4 (V) FAILURE BY AN APPLICANT TO INFORM THE DEPARTMENT THAT
5 HE OR SHE WAS CONVICTED OF A VIOLENT CRIME DURING THE FIVE-YEAR
6 PERIOD PRIOR TO THE DATE OF THE IDENTIFICATION CARD APPLICATION OR
7 IDENTIFICATION CARD RENEWAL APPLICATION PURSUANT TO THE
8 REQUIREMENTS OF PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION.
9 IF THE IDENTIFICATION CARD IS CANCELED OR DENIED PURSUANT TO THIS
10 SUBPARAGRAPH (V), THE PERSON IS NOT ELIGIBLE TO OBTAIN AN
11 IDENTIFICATION CARD FOR A PERIOD OF ONE YEAR.
12 SECTION 8. 42-2-303 (1) (a), Colorado Revised Statutes, is
13 amended to read:
14 42-2-303. Contents of identification card. (1) (a) (I) The
15 identification card shall be the same size as a driver's license issued
16 pursuant to parts 1 and 2 of this article. The card shall adequately
17 describe the registrant, bear the registrant's picture, and bear the
18 following: "State of Colorado", "Identification Card No. ....", and "This
19 is not a driver's license." Each identification card issued to an individual
20 under this section shall show a photograph of the registrant's full face.
21 (II) IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPH (I) OF
22 THIS PARAGRAPH (a), IF THE IDENTIFICATION CARD APPLICATION
23 INDICATES THAT THE PERSON WAS CONVICTED OF A VIOLENT CRIME
24 DURING THE FIVE YEARS PRIOR TO THE DATE OF THE IDENTIFICATION CARD
25 APPLICATION, THEN THE IDENTIFICATION CARD OF SUCH PERSON SHALL
26 INCLUDE INFORMATION THAT WILL INFORM LAW ENFORCEMENT OFFICERS
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1 ABOUT THE EXISTENCE OF SUCH CONVICTION. THE DEPARTMENT SHALL
2 DETERMINE THE APPROPRIATE FORM OF SUCH INFORMATION ON
3 IDENTIFICATION CARDS. A PERSON WHO HAS BEEN ISSUED AN
4 IDENTIFICATION CARD CONTAINING INFORMATION REGARDING CONVICTION
5 OF A VIOLENT CRIME MAY, UPON PAYING THE FEE REQUIRED BY SECTION
6 42-2-306 FOR A NEW IDENTIFICATION CARD, APPLY TO THE DEPARTMENT
7 FOR ISSUANCE OF AN IDENTIFICATION CARD THAT DOES NOT CONTAIN SUCH
8 INFORMATION IF SUCH PERSON CAN DEMONSTRATE TO THE DEPARTMENT
9 THAT:
10 (A) ALL CONVICTIONS FOR VIOLENT CRIMES OF THE PERSON THAT
11 OCCURRED DURING THE FIVE-YEAR PERIOD PRIOR TO THE DATE OF
12 APPLICATION FOR A NEW IDENTIFICATION CARD HAVE BEEN VACATED; OR
13 (B) ON THE DATE OF APPLICATION FOR AN IDENTIFICATION CARD
14 THAT DOES NOT CONTAIN INFORMATION ABOUT CRIMINAL CONVICTIONS,
15 MORE THAN FIVE YEARS HAVE ELAPSED SINCE SUCH PERSON'S LAST
16 CONVICTION FOR A VIOLENT CRIME.
17 SECTION 9. 42-2-304 (1.5) (a), Colorado Revised Statutes, is
18 amended to read:
19 42-2-304. Validity of identification card. (1.5) (a) Any
20 individual who has been issued an identification card pursuant to this
21 section may renew the card prior to the expiration of the card upon
22 application in person and payment of the required fee. IN ADDITION TO
23 ANY OTHER REQUIREMENT, AN APPLICATION FOR RENEWAL OF AN
24 IDENTIFICATION CARD SHALL STATE WHETHER THE APPLICANT HAS BEEN
25 CONVICTED OF A VIOLENT CRIME DURING THE PREVIOUS FIVE YEARS. IF
26 THE APPLICATION INDICATES THAT THE APPLICANT HAS BEEN CONVICTED
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1 OF SUCH A CRIME, THE RENEWED CARD SHALL CONTAIN THE INFORMATION
2 REQUIRED BY SECTION 42-2-303 (1) (a) (II).
3 SECTION 10. Effective date - applicability. (1) This act shall
4 take effect at 12:01 a.m. on the day following the expiration of the
5 ninety-day period after final adjournment of the general assembly that is
6 allowed for submitting a referendum petition pursuant to article V,
7 section 1 (3) of the state constitution; except that, if a referendum petition
8 is filed against this act or an item, section, or part of this act within such
9 period, then the act, item, section, or part, if approved by the people, shall
10 take effect on the date of the official declaration of the vote thereon by
11 proclamation of the governor.
12 (2) The provisions of this act shall apply to driver's license and
13 identification card applications and renewal applications made on or after
14 the applicable effective date of this act.