SB 35 — Increase of Traffic Violation Penalties

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0434.02This Kenbill Fowlerhas x2372been SENATEprepared BILLfor 26-035the SENATEsignatures SPONSORSHIPof Roberts,the Bridges,appropriate Carson,legislative Coleman,officers Hinrichsen,and Kipp,the SnyderGovernor. HOUSE SPONSORSHIP Clifford,Duran, McCluskie d n e 2 E a 2 U U , O i 1 H a a Senate Committees House Committees R M Transportation & Energy Transportation, Housing & Local Government r Appropriations Appropriations 3 g A BILL FOR AN ACT d 6 E a 0 C ONCERNINGANINCREASEOFTRAFFICVIOLATIONPENALTIES ,AND ,IN S R ,2 O d 8 H 2 a CONNECTION THEREWITH ,MAKING AN APPROPRIATION .

eTo Mdetermine nwhether ethe BillGovernor Summaryhas Asigned (Note:the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

ThisSENATE summaryBILL applies26-035 toBY thisSENATOR(S) billRoberts, asBridges, introducedCarson, andHinrichsen, doesKipp, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillListon, dPelton dR., passesSnyder, thirdColeman; reading in the house of introduction, a bill summary that e 2 applies to the reengrossed version of this bill will be available at E a 2 A U 8 http://leg.colorado.gov.) N n h S a r e a The bill increases the penalties for illegally overtaking a vehicle r M on the left in a no-passing zone and clarifies that no-passing zones are 3 indicated by a solid yellow line or line pavement markings.

Thealso billREPRESENTATIVE(S) requirestheColoradodepartmentoftransportationtoprioritizeinstallingClifford, nDuran, signageonroadwayswithincreasedincidentsofillegalovertakingontheMcCluskie. d 6 left.

eC 2ONCERNING EAN RINCREASE 2OF ATRAFFIC nVIOLATION 7PENALTIES E,AND 2,IN hCONNECTION ShadingTHEREWITH denotes,MAKING HOUSEAN amendment.APPROPRIATION .

Double underlining denotes SENATE amendment.

S e r Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.

m A The bill increases the penalties for multiple speeding violations within a one-year, 2-year, or 5-year period.

The bill requires that drivers who have multiple speeding violations within a one-year, 2-year, or 5-year period receive a summons and complaint upon committing their violation instead of a penalty assessment notice.

SECTION1.SECTION 1.

Legislativedeclaration.(1)Legislative Thegeneralassemblydeclaration. finds and declares that:

(a)(1) ColoradoThe hasgeneral experiencedassembly afinds concerning rise in deadly traffic collisions in recent years, including multiple head-on and otherdeclares fatalthat: crashes on rural highways and across the state that have claimed numerous lives;

(b)(a) Official data from the Colorado departmenthas ofexperienced transportation and Colorado state patrol indicate that speeding remains a leadingconcerning factorrise in deadly traffic fatalities,collisionsinrecentyears,includingmultiplehead-onandotherfatalcrashes contributingon torural hundredshighways of deaths annually and representingacross athe substantialstate proportionthat ofhave allclaimed motornumerous vehiclelives; fatalities in the state;

(b) OfficialdatafromtheColoradodepartmentoftransportationand Colorado state patrol indicate that speeding remains a leading factor in traffic fatalities, contributing to hundreds of deaths annually and representing a substantial proportion of all motor vehicle fatalities in the state;

________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletions from existing law and such material is not part of the act.

(d) There is demonstrated need to clarify existing statutory definitionsofno-passingzones,includingthattheyareindicatedbysoliddefinitions yellowlineorlinepavementmarkings,andtostrengthenenforcementandof no-passing zones, including that they are indicated by solid yellow line or line pavement markings, and to strengthen enforcement and penalties to deter these dangerous behaviors;

and (e) PrioritizingPrioritizingtheinstallationofappropriatewarningandregulatory the installation of appropriate warning and regulatory signage on roadways with elevated incident rates of illegal passing and other hazardous driving behaviors, as well as ensuring that -2- 035 drivers with multiple repeated violations face more stringent procedural and penalty consequences, will enhance public safety and help reduce preventable traffic crashes and fatalities throughout Colorado.

Authority totosuspendlicense-todeny suspendlicense-typeof license - to deny license - type of conviction - points.

Type of conviction Points (i.5) MPROPERIPROPER PASSING IN A N-PASSINGNO ZONE.-PASSING ZONE .

6 SECTIONSECTION3. 3.

InInColoradoRevisedStatutes,42-4-1005,amend(3); Colorado Revised Statutes, 42-4-1005, amend (3);

(3) The department of transportation and local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtakingovertakingandpassingordrivingon and passing or driving on the left sidesideoftheroadwaywouldbeespeciallyhazardousandmay,byappropriate ofsignsor theTHEBEGINNINGANDENDOFSOLIDYELLOWLINEPAVEMENTORLINE roadway would be especially hazardous and may, by appropriate signs orHE BEGINNING AND END OF SOLID YELLOW LINE PAVEMENT OR LINE PAVEMENT markings on the roadway, indicate the beginningandendofsuchbeginning THEzones.Wheresuchsignsor SOLIDYELLOW LINEORLINEPAVEMENT markingsareinplacetodefineano-passingzone and suchend THE signs or markings are clearly visible to an ordinarily observant person, no driver shalNOT drive on the left side of thePAGE roadway2-SENATE withinBILL suchTHE26-035 no-passingsuch zoneTHE orzones. on the left side of any pavementstripingdesignedtomarksuch THEno-passingzonethroughout its length.

(3.5)Where Wsuch ITHINsigns EXISTINGor RESOURCESSOLID ,YELLOW THELINE DEPARTMENTOR OFLINE -3-PAVEMENT 035markings TRANSPORTATIONSHALLPRIORITIZEINSTALLINGSIGNAGEONROADWAYSare WITHin INCREASEDplace CRASHESto RESULTINGdefine FROMa INCIDENTSno-passing OFzone ILLEGALaTHEsuch OVERTAKINGsigns ONor THEmarkings LEFTare INclearly NOPASSINGvisible ZONES.to an ordinarily observant person, no A driver shalNOT drive on the left side of the roadway withinTHEch no-passing zone or on the left side of any pavement striping designed to mark such THEno-passing zone throughout its length.

NCREASED(3.5) CRASHESW RESULTINGITHIN FROMEXISTING INCIDENTSRESOURCES OF, ILLEGALTHE OVERTAKINGDEPARTMENT ONOF THETRANSPORTATION LEFTSHALL AREPRIORITIZE MEASUREDINSTALLING ASSIGNAGE ANON INCREASEROADWAYS OFWITH INCREASED CRASHES RESULTING FROM INCIDENTS OF ILLEGAL OVERTAKING ON THE LEFT IN NO -PASSING ZONESZONES. OVER THE PREVIOUS YEAR'S NUMBER OF CRASHES AS REPORTED BY THE STATEWIDE CRASH DATA LISTING MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION ,AS REQUIRED BY 23 U.S.C.SEC.

148ANDNCREASED 23CRASHES U.S.C.RESULTING FROM INCIDENTS OF ILLEGAL OVERTAKING ON THE LEFT ARE MEASURED AS AN INCREASE OF CRASHES RESULTING FROM INCIDENTS OF ILLEGAL OVERTAKING ON THE LEFT IN NO -PASSING ZONES OVER THE PREVIOUS YEAR S NUMBER OF CRASHES AS REPORTED BY THE STATEWIDE CRASH DATA LISTING MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION AS REQUIRED BY 23U.S.C.

SEC.SEC.148 AND 23U.S.C.SEC .

SECTION4.SECTION 4.

InColoradoRevisedStatutes,42-4-1101,add(13)In Colorado Revised Statutes, 42-4-1101, add (13) and (14) as follows:

(13) THETHEDEPARTMENTSHALLASSESSTHEFOLLOWINGPENALTYFOR DEPARTMENTDRIVINGTWENTYMILESPERHOURORMOREINEXCESSOFTHEREASONABLE SHALL ASSESS THE FOLLOWING PENALTY FOR DRIVING TWENTY MILES PER HOUR OR MORE IN EXCESS OF THE REASONABLE AND PRUDENT SPEED OR DRIVING IN EXCESS OF THE MAXIMUM LAWFUL SPEED OF SEVENTYSEVENTY-FIVE -FIVE MILES PER HOU:HOUR:

(a) ORFOR A SECOND VIOLATION IN A TWELV-MONTHTWELVE PERIOD:TWO-MONTH POINTSPERIOD IN: ADDITION TO THE NUMBER OF POINTS DESCRIBED IN SECTION 42-2-127 (5)(f)R THE VIOLATION;

(b)WO FORPOINTS A THIRD OR SUBSEQUENT VIOLATION IN AADDITION TWENTYTO -FOUR-MONTHPERIODTHE :FOURPOINTSINADDITIONTOTHENUMBERNUMBER OF POINTS DESCRIBED IN SECTIO42-2-127SECTION 42-2-127 (5)(fFOR THE VIOLATION;

AND(b) (c) FOR A FIFTHTHIRD OR SUBSEQUENT VIOLATION IN A FIVE-YEARTWENTY PERIOD:EIGHTPOINTSINADDITIONTOTHENUMBEROFPOINTSDESCRIBED-FOUR -4-MONTH 035PERIOD :F OUR POINTS IN SECTION42-2-127ADDITION TO THE NUMBER OFPOINTS DESCRIBED INSECTION 42-2-127 (5)(fFOR THE VIOLATION.VIOLATIO;AND (c) FORAFIFTHORSUBSEQUENTVIOLATIONINAFIVE YEARPERIOD :

(14)EIGHT THEDEPARTMENTSHALLASSESSFOURPOINTSINADDITIONTOPOINTS IN ADDITION TO THE NUMBER OF POINTS DESCRIBED IN SECTION 42-2-127 (5)(fFOR DRIVINGTHE ONEVIOLATION. HUNDRED MILES PER HOUR OR GREATER .

PAGE 3-SENATE BILL 26-035 (14) THE DEPARTMENT SHALL ASSESS FOUR POINTS IN ADDITION TO THENUMBEROFPOINTSDESCRIBEDINSECTION 42-2-127(5)(f) FORDRIVING ONE HUNDRED MILES PER HOUR OR GREATER .

(5) (c) (I) The penaltypenaltyand and surcharge schedules of subsection (4) ofthissectionandthepenaltyassessmentnoticeprovisionsofparagraphsof this section and the penaltyassessment notice provisions of paragraphs (a) and (b) of this subsection (5SUBSECTIONS(5) shaSUBSECTIONS (5)(a)AND (5)(b)OF THISSECTIONDOTHIS notapplytoviolationsconstitutingmisdemeanors,pettySECTION offenses,ormisdemeanortrafficoffensesnotspecifiedinsaidubsectionDO not apply to violations constituting misdemeanors, petty offenses, or misdemeanor traffic offenses not specified in saidbsection (4) of this section, nor shalleyshallO they apply to the violations constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic infractionsspecifiedinsaidbsection(4)ofthissectionwhenitappearsinfractions specified in saidubsection (4) of this section when it appears that:

(D) The defendant has, in the course of the same transaction, violated one of the provisions of this title specified in the penalty and surchargeschedulesinsubsection(4)ofthissectionandhasalsoviolatedsurcharge oneorschedules morein provisionssubsection (4) of this titlesection notand sohas specified,also andthepeaceofficerviolated chargesone suchor defendantmore withprovisions twoof orthis moretitle violations,not anyoneso ofspecified, whichand isthe notpeace officer chargessuchdefendantwithtwoormoreviolations,anyoneofwhichisnot specified in the penalty and surcharge schedules in subsection (4) of this section;section;OR (E) T HE DEFENDANT IS SUBJECT TO THE PENALTIES SET FORTH IN SECTION 42-4-1101(13) FORDRIVINGTWENTYMILESPERHOURORMORE IN EXCESSOFTHEREASONABLEANDPRUDENTSPEEDORDRIVINGINEXCESSOF THE MAXIMUM LAWFUL SPEED OF SEVENTY -FIVE MILES PER HOUR MORE THAN ONCE IN A TWELVE MONTH PERIOD , MORE THAN TWICE IN A TWENTY -FOUR -MONTH PERIOD ,OR MORE THANFOUR TIMES IN A FIVE YEAR PERIOD .

(E)SECTION6. T HE DEFENDANT IS SUBJECT TO THE PENALTIES SET FORTH IN SECTION 42-4-1101(13) FOR DRIVING TWENTY MILES PER HOUR OR MORE -5- 035 IN EXCESS OF THE REASONABLE AND PRUDENT SPEED OR DRIVING IN EXCESS OF THE MAXIMUM LAWFUL SPEED OF SEVENTY -FIVE MILES PER HOUR MORE THAN ONCE IN ATWELVE -MONTHPERIOD ,MORE THAN TWICE IN A TWENTY -FOUR-MONTH PERIOD , OR MORE THAN FOUR TIMES IN A FIVE-YEAR PERIOD.

SECTIONInColoradoRevisedStatutes,42-20-305,amend(2) 6.as follows: