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Bill Detail: SB22-175

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Title Mobile Electronic Devices And Motor Vehicle Driving
Status House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (05/12/2022)
Bill Subjects
  • Transportation & Motor Vehicles
House Sponsors D. Ortiz (D)
Senate Sponsors R. Fields (D)
C. Hansen (D)
House Committee Transportation and Local Government
Senate Committee Transportation and Energy
Date Introduced 03/25/2022
Summary

Current law prohibits a person who is under 18 years of age from
using a mobile electronic device when driving. The bill applies the
prohibition to a person who is 18 years of age or older unless the person
is using a hands-free accessory. The following uses are exempted:
  • By a person reporting an emergency to state or local
authorities;

  • By an employee or contractor of a utility services provider
when responding to a utility emergency;
  • By a person operating a commercial truck when using a
mobile data terminal that transmits and receives data;
  • By a first responder; or
  • By a person in a motor vehicle that is lawfully parked.
The penalties for a violation are:
  • For a first offense, $150 and 2 license suspension points;
  • For a second offense within 24 months, $250 and 3 license
suspension points; and
  • For a third or subsequent offense within 24 months, $500
and 4 license suspension points.
It is an affirmative defense to a violation if the defendant has not
previously committed a violation, produces proof of purchase of a
hands-free accessory, and affirms, under penalty of perjury, that the
defendant has not previously claimed this affirmative defense.
Current law requires a peace officer who makes a traffic stop to
record the demographic information of the violator, whether a citation has
been issued, and the violation cited. The bill clarifies that the peace
officer must record whether the bill has been violated.
A peace officer is prohibited from stopping a driver or issuing a
citation for a violation of the bill unless the officer visually observes the
operator using, holding, or physically supporting with any part of the
person's body the mobile electronic device.
The executive director of the department of transportation, in
consultation with the chief of the Colorado state patrol, will create a
campaign raising public awareness of the requirements of the bill and of
the dangers of using mobile electronic devices when driving.

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