§ 16-2.3-103 — Summons and complaint for civil infractions

Colorado § 16-2.3-103

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Civil Infractions

Text

(1) A summons
and complaint may be issued by any peace officer for an offense constituting a civil
infraction committed in the peace officer's presence or, if not committed in the
peace officer's presence, that the peace officer has probable cause to believe was
committed and probable cause to believe was committed by the person charged.
Except for penalty assessment notices, which must be handled pursuant to the
procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and
complaint issued must be filed immediately with the county court before which
appearance is required, and a second copy must be given to the district attorney or
deputy district attorney for the county.

(2) A summons issued by the county court for a civil infraction may be served
by giving a copy to the person or by leaving a copy at the person's usual place of
abode with a person over the age of eighteen years residing therein, or by mailing a
copy to the person's last-known address by certified mail, return receipt requested,
not less than fourteen days prior to the time the person is required to appear.
Service by mail is complete upon the return of the receipt signed by the person.
Personal service must be made by any disinterested party over eighteen years of
age.

Legislative History

Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 336, � 1, effective March 1.