§ 33-6-104 — Imposition of penalty - procedures

Colorado § 33-6-104

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: Law Enforcement and Penalties - Wildlife

Text

(1) A person is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of one
hundred dollars, a surcharge as described in section 24-33.5-415.6, and an
assessment of five license suspension points for a violation of any of the following
for which there is not an associated statutory penalty listed:

(a) A provision of articles 1 to 6 of this title 33; or

(b) A rule of the commission promulgated pursuant to one or more of the
articles specified in subsection (1)(a) of this section.

(2) (a) (I) At the time that a person is charged with violating any misdemeanor
or civil infraction provision of articles 1 to 6 of this title 33 or a rule of the
commission, the officer shall issue a summons and complaint to the alleged
offender or, in the case of a violation for which a fine of a fixed amount is
prescribed, may give the alleged offender an opportunity to voluntarily pay the fine
and surcharge in the form of a penalty assessment.

(II) An officer shall not issue a penalty assessment for violations for which
minimum and maximum fines have been established. The penalty assessment
notice given to the alleged offender must:

(A) Contain the information required for a summons and complaint;

(B) Be in the form of a summons and complaint; and

(C) Specify in dollars the amount of the penalty to be assessed for the
alleged offense and the amount of the surcharges to be collected pursuant to
sections 24-4.2-104 (1) and 24-33.5-415.6.

(b) If the alleged offender accepts the penalty assessment notice and pays
the fine and the surcharges entered on the fine to the division within twenty days of
issuance of the notice, the alleged offender's acceptance and payment constitutes
an acknowledgment of guilt of the violation set forth in the penalty assessment
notice.

(c) (I) An officer may take any person who accepts a penalty assessment
notice but who does not furnish satisfactory evidence of identity or who the officer
has reasonable and probable grounds to believe will disregard a written promise to
pay the specified fine and surcharges to the nearest known post office facility to
require that the person remit the amount of the specified fine and surcharges to the
division immediately by mail in United States currency or other legal tender or by
money order or by personal check.

(II) Refusal or inability to remit the specified fine and surcharges by mail
when required constitutes a refusal to accept a penalty assessment notice. The
officer shall advise the person arrested of the license suspension points to be
assessed in accordance with section 33-6-106.

(III) Checks tendered by the violator to and accepted by the division and for
which payment is received by the division are deemed sufficient receipt. If the fine
and surcharges are not paid, then the officer who issued the penalty assessment
notice shall docket the summons and complaint with a court of competent
jurisdiction for appearance by the person to answer the charges contained in the
summons and complaint at the time and place specified in the summons and
complaint.

(3) (a) Service of a copy of a summons and complaint or penalty assessment
notice issued pursuant to subsection (2) of this section must be provided at least
ten days before the date set for a hearing on the matter by:

(I) Providing personal service of the copy directly to the alleged offender;

(II) Leaving the copy at the alleged offender's last-known place of residence
with an individual who is eighteen years of age or older and who resides at the
residence; or

(III) Mailing the copy to the alleged offender's last-known place of residence
by certified mail, return receipt requested. Service by certified mail is complete
upon return of the receipt signed by the alleged offender.

(b) An individual who provides personal service pursuant to subsection
(3)(a)(I) of this section must be a disinterested party who is eighteen years of age or
older.

Legislative History

Source: L. 84: Entire article R&RE, p. 866, � 1, effective January 1, 1985. L. 85: (2) amended, p. 796, � 4, effective May 3. L. 2009: Entire section amended, (SB 09-241), ch. 295, p. 1580, � 9, effective July 1. L. 2019: (1) amended, (HB 19-1026), ch. 423, p. 3693, � 3, effective July 1. L. 2020: Entire section amended, (HB 20-1087), ch. 49, p. 168, � 4, effective March 20. L. 2022: (2)(a)(I) amended, (HB 22-1229), ch. 68, p. 347, � 33, effective March 1.