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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0380.02 Veronica Parish x2606 HOUSE BILL 26-1297
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING USING UNIFORM LANGUAGE TO REFERENCE101
MISDEMEANOR TRAFFIC OFFENSES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/.)
Statutory Revision Committee. In existing law, both
"misdemeanor traffic offense" and "traffic misdemeanor" are used to
describe the same type of traffic offense. The bill amends instances of
"traffic misdemeanor" to make "misdemeanor traffic offense" the uniform
term used throughout statute.
SENATE
3rd Reading Unamended
April 7, 2026
SENATE
2nd Reading Unamended
April 6, 2026
HOUSE
3rd Reading Unamended
March 16, 2026
HOUSE
2nd Reading Unamended
March 13, 2026
HOUSE SPONSORSHIP
Carter and Luck, Caldwell, Clifford, Duran, Espenoza, Keltie, Phillips, Weinberg
SENATE SPONSORSHIP
Rich and Exum, Coleman, Jodeh, Snyder
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-1-410.6, amend2
(2), (3)(a)(III), and (4) introductory portion as follows:3
18-1-410.6. Relief from improperly entered guilty pleas for4
certain misdemeanor and municipal offenses - legislative declaration.5
(2) Therefore, the general assembly declares that noncitizen6
defendants must have the opportunity to meaningfully challenge an7
unconstitutionally entered guilty plea for certain class 1 misdemeanors,8
class 2 misdemeanors, class 3 misdemeanors, traffic misdemeanors9
MISDEMEANOR TRAFFIC OFFENSES, petty offenses, and municipal offenses.10
(3) (a) Notwithstanding a limitation contained in section 16-5-402,11
a municipal ordinance, or a municipal court rule of procedure, at any time12
following the entry of a guilty plea, a criminal defendant may challenge13
the guilty plea on the grounds set forth in subsection (4) of this section to14
a:15
(III) Traffic Misdemeanor TRAFFIC OFFENSE; or16
(4) A defendant moving to vacate a guilty plea to a class 1, class17
2, or class 3 misdemeanor as classified at the time the guilty plea was18
entered; a traffic misdemeanor TRAFFIC OFFENSE; a petty offense; or a19
municipal offense, must, in good faith, allege the following:20
SECTION 2. In Colorado Revised Statutes, 18-1.3-501, amend21
(1)(c) as follows:22
18-1.3-501. Misdemeanors classified - drug misdemeanors and23
drug petty offenses classified - penalties - legislative intent -24
definitions.25
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(1) (c) A term of imprisonment in a county jail for a conviction of1
a misdemeanor, petty, or traffic misdemeanor TRAFFIC offense shall not2
be ordered to be served consecutively to a sentence to be served in a state3
correctional facility; except that if, at the time of sentencing, the court4
determines, after consideration of all the relevant facts and circumstances,5
that a concurrent sentence is not warranted, the court may order that the6
misdemeanor sentence be served prior to the sentence to be served in the7
state correctional facility and prior to the time the defendant is transported8
to the state correctional facility to serve all or the remainder of the9
defendant's state correctional facility sentence.10
SECTION 3. In Colorado Revised Statutes, 18-1.3-602, amend11
(2) and (4)(a)(I) as follows:12
18-1.3-602. Definitions.13
As used in this part 6, unless the context otherwise requires:14
(2) "Conviction" means a verdict of guilty by a judge or jury or a15
plea of guilty or nolo contendere that is accepted by the court for a felony,16
misdemeanor, petty offense, or traffic misdemeanor TRAFFIC offense, or17
adjudication for an offense that would constitute a criminal offense if18
committed by an adult. "Conviction" also includes having received a19
deferred judgment and sentence or deferred adjudication; except that a20
person shall IS not be deemed to have been convicted if the person has21
successfully completed a deferred sentence or deferred adjudication.22
(4) (a) "Victim" means any person aggrieved by the conduct of an23
offender and includes, but is not limited to, the following:24
(I) Any person against whom any felony, misdemeanor, petty, or25
traffic misdemeanor TRAFFIC offense has been perpetrated or attempted;26
SECTION 4. In Colorado Revised Statutes, 18-1.3-603, amend27
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(1) introductory portion as follows:1
18-1.3-603. Assessment of restitution - corrective orders.2
(1) Every order of conviction of a felony, misdemeanor, petty3
offense, or traffic misdemeanor TRAFFIC offense, except any order of4
conviction for a state traffic misdemeanor TRAFFIC offense issued by a5
municipal or county court in which the prosecuting attorney is acting as6
a special deputy district attorney pursuant to an agreement with the7
district attorney's office, must include consideration of restitution. Each8
order must include one or more of the following:9
SECTION 5. In Colorado Revised Statutes, 42-2-132.5, amend10
(10)(a) as follows:11
42-2-132.5. Mandatory and voluntary restricted licenses12
following alcohol convictions - rules.13
(10) Operating vehicle after circumventing interlock device.14
(a) A person whose privilege to drive is restricted to the operation15
of a motor vehicle equipped with an approved ignition interlock device16
and who operates a motor vehicle other than a motor vehicle equipped17
with an approved ignition interlock device or who circumvents or18
attempts to circumvent the proper use of an approved ignition interlock19
device commits a class 1 traffic misdemeanor TRAFFIC OFFENSE.20
SECTION 6. In Colorado Revised Statutes, 42-2-206, amend21
(1)(a)(I) and (1)(b)(II) as follows:22
42-2-206. Driving after revocation prohibited.23
(1) (a) (I) It is unlawful for any person to operate any motor24
vehicle in this state while the revocation of the department prohibiting the25
operation remains in effect. Any person found to be an habitual offender26
who operates a motor vehicle in this state while the revocation of the27
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department prohibiting such THE operation is in effect commits a class 21
traffic misdemeanor TRAFFIC OFFENSE.2
(b) (II) Aggravated driving with a revoked license is a class 13
traffic misdemeanor TRAFFIC OFFENSE; except that a court shall sentence4
the offender to a mandatory minimum term of imprisonment of sixty days5
in the custody of a county jail.6
SECTION 7. In Colorado Revised Statutes, 42-2-405.5, amend7
(1) as follows:8
42-2-405.5. Violations of out-of-service order.9
(1) A person who operates a commercial motor vehicle in10
violation of an out-of-service order commits a class 1 traffic misdemeanor11
TRAFFIC OFFENSE.12
SECTION 8. In Colorado Revised Statutes, 42-4-705, amend13
(3)(b)(II) as follows:14
42-4-705. Operation of vehicle approached by emergency15
vehicle - operation of vehicle approaching stationary emergency16
vehicle, stationary towing carrier vehicle, or stationary public utility17
service vehicle.18
(3) (b) (II) If the person violates subsection (2) of this section and19
the person's actions are the proximate cause of bodily injury to another20
person, the person commits a class 1 traffic misdemeanor TRAFFIC21
OFFENSE.22
SECTION 9. In Colorado Revised Statutes, 42-4-1301, amend23
(2)(d)(II) as follows:24
42-4-1301. Driving under the influence - driving while25
impaired - driving with excessive alcoholic content - definitions -26
penalties.27
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(2) (d) (II) A second or subsequent violation of this paragraph (d)1
SUBSECTION (2)(d) is a class 2 traffic misdemeanor TRAFFIC OFFENSE.2
SECTION 10. In Colorado Revised Statutes, 42-4-1402.5,3
amend (3)(a) as follows:4
42-4-1402.5. Vulnerable road user - prohibition - violations5
and penalties - definition.6
(3) Violations and penalties.7
(a) Infliction of serious bodily injury to a vulnerable road user is8
a class 1 traffic misdemeanor TRAFFIC OFFENSE.9
SECTION 11. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly (August12
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a13
referendum petition is filed pursuant to section 1 (3) of article V of the14
state constitution against this act or an item, section, or part of this act15
within such period, then the act, item, section, or part will not take effect16
unless approved by the people at the general election to be held in17
November 2026 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
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