Colorado § 16-2-201 - Penalty assessment notice procedure.

§ 16-2-201. Penalty assessment notice procedure.

(1) When a person is arrested for a civil infraction, the arresting officer may give the person a penalty assessment notice pursuant to section 16-2.3-102 and release the person upon its terms.

(1.5) The provisions of subsection (1) of this section notwithstanding, when an officer comes upon an unattended vehicle which is parked in apparent violation of any county parking ordinance, the officer may place upon the vehicle a penalty assessment notice as specified in subsection (2) of this section; except that said notice shall contain the license plate number and state of registration of the vehicle and need not contain the identification of the alleged offender.

(2) The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the clerk of the county court in the county in which the alleged offense occurred. The provisions of this section shall not apply to penalties assessed pursuant to authority of law outside this code unless this section is specifically referred to in such other law.

(3) If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he chooses not to acknowledge his guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine.

Source: L. 72: R&RE, p. 197, § 1. C.R.S. 1963: § 39-2-201. L. 73: p. 498, § 2. L. 91: Entire section amended, p. 423, § 1, effective March 11. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3160, § 167, effective March 1, 2022. L. 2022: (1) amended, (HB 22-1229), ch. 68, p. 341, § 11, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

ANNOTATION

Section 16-3-102 permits a police officer to arrest a person who has committed a crime in the officer's presence. This section does not limit that authority. An officer may arrest when a crime occurs in his or her presence. When that crime is a class two petty offense, the arresting officer may, pursuant to this section, either take the arrested suspect before a judge or release the suspect after issuing a penalty assessment. Police compliance with both statutes is achieved because, even though they conduct a full custodial arrest and search, police "may" still release the offender without taking him before a judge. A custodial arrest and a discretionary release are not mutually exclusive under this section. People v. Triantos, 55 P.3d 131 (Colo. 2002).

An officer can decide, before or after a custodial arrest, to arrest or release a suspect, based upon whether the suspect is likely to appear as required in a summons. The arresting officer can choose either to release the suspect or to take the suspect before a judge even after the officer has effectuated a custodial arrest and conducted a search of the suspect. People v. Triantos, 55 P.3d 131 (Colo. 2002).

16-2.3 ARTICLE 2.3

Civil Infractions

16-2.3-101. Civil infractions classified.

16-2.3-102. Penalty assessment notice for civil infractions.

16-2.3-103. Summons and complaint for civil infractions.

16-2.3-104. Parties to a crime.

16-2.3-105. Civil infractions - proper court for hearing - burden of proof - appeal - collateral attack.

16-2.3-106. Failure to pay penalty for civil infractions - failure of parent or guardian to sign penalty assessment notice - procedures.