HB 1242

HOUSE BILL 26-1242
BY REPRESENTATIVE(S) Paschal and Jackson, Boesenecker, Clifford,
Duran, Froelich, Lindsay, Marshall, Nguyen, Rutinel, Sirota;
also SENATOR(S) Roberts and Carson, Ball, Benavidez, Cutter, Kipp,
Lindstedt, Marchman.
CONCERNING INTERLOCK-RESTRICTED LICENSE REQUIREMENTS FOR
     IMPAIRED DRIVERS, AND, IN CONNECTION THEREWITH, MAKING AN
     APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
        SECTION 1. In Colorado Revised Statutes, 42-2-132.5, amend
(4)(a)(I) and (4)(a)(II)(C); and add (l)(c) and (4)(a.5) as follows:
       42-2-132.5. Mandatory and voluntary restricted licenses
following alcohol convictions - rules.
        (1) Persons required to hold an interlock-restricted license.
       (c) A PERSON WHOSE PRIVILEGE TO DRIVE WAS REVOKED FOR A
CONVICTION FOR DUI OR DUI PER SE PURSUANT TO SECTION 42-2-125
(l)(b.5) OR FOR EXCESS 8AC0.08PURSUANTTOSECTI0N 42-2-126 (3)(a)(I)
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
FOR    A   FIRST    VIOLATION      IS   REQUIRED        TO   MAINTAIN        AN
INTERLOCK-RESTRICTED LICENSE FOR A CONSECUTIVE PERIOD OF NINE
MONTHS FOLLOWING REINSTATEMENT OF THEIR DRIVER'S LICENSE PRIOR TO
BEING ELIGIBLE TO OBTAIN ANY OTHER DRIVER'S LICENSE ISSUED UNDER
THIS ARTICLE 2, UNLESS THE INDIVIDUAL QUALIFIES FOR AND IS GRANTED
EARLY REMOVAL OF THE INTERLOCK DEVICE PURSUANT TO SECTION
42-2-132.5 (4)(a)(Il)(B).
       (4) Persons who may acquire an interlock-restricted license
prior to serving a full-term revocation.
          (a) (I) A person whose privilege to drive has been revoked for one
year or more because of a DUI, DUI per se, or DWAI conviction or has
been revoked for one year or more for excess BAC pursuant to section
42-2-126 may apply for an early reinstatement with an interlock-restricted
license pursuant to this section at any time; except that a person who is less
than twenty-one years of age OLD at the time of the offense may not apply
for early reinstatement until the person's license has been revoked for one
year. A person whose privilege to drive has been revoked for one year or
more because of a refusal may apply for an early reinstatement with an
interlock-restricted license pursuant to this section; aftet the person's
pthdlege to drive has been tevoked fm two months, except that a person
who is less than twenty-one years of age OLD at the time of the offense may
not apply for early reinstatement until the person's license has been revoked
for one year. Except for first-time offenders as provided in subsection
(4 )( a)(II) of this section or for persistent drunk drivers as provided in
subsection (3) of this section, the restrictions imposed pursuant to this
section remain in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement.
        (II) (C) Financial assistance for first-time offenders and
persistent drunk drivers. The department shall establish a program to
assist persons who apply for an interlock-restricted license pursuant to this
subparagraph (II) SUBSECTION (4)(a)(II) or pursuant to subparagraph (I) of
paragtaph (a) of this subsection (4) SUBSECTION (4)(a)(I) OF THIS SECTION
and who are unable to pay the full cost of an approved ignition interlock
device. The program shall be funded ftom the fitst time dmnk driving
offender account in the highway users tax fund established pursuant to
section 42-2-132 (4)(b)(II). A PERSON IS ELIGIBLE TO PARTICIPATE IN THE
PROGRAM     IF   THE   PERSON   SHOWS     PROOF    OF   ENROLLMENT      IN   A
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JURISDICTIONAL OR FEDERAL PUBLIC ASSISTANCE PROGRAM; THE PERSON'S
INCOME DOES NOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE FEDERAL
POVERTY LEVEL, AS DETERMINED BY THE MOST CURRENT FEDERAL POVERTY
GUIDELINES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES; OR THE PERSON SATISFIES ELIGIBILITY CRITERIA
ESTABLISHED BY THE DEPARTMENT THAT IS BASED ON A DETERMINATION OF
WHETHER A PERSON'S AVAILABLE DISCRETIONARY INCOME MAKES IT
IMPRACTICAL FOR THE PERSON TO AFFORD THE INTERLOCK DEVICE. THE
DEPARTMENT MAY APPROVE ADDITIONAL FORMS OF INCOME VERIFICATION.
      (a.5) Financial assistance benefits for eligible first-time offenders
and persistent drunk drivers.
       (I) A CERTIFIED IGNITION INTERLOCK MANUFACTURER MUST PROVIDE
A PERSON WHO IS ELIGIBLE FOR THE ASSISTANCE PROGRAM DESCRIBED IN
SUBSECTION (4)(a)(Il)(C) OF THIS SECTION AND WHO IS PARTICIPATING IN
THE PROGRAM:
       (A)     FREE STANDARD INSTALLATION OF THE APPROVED IGNITION
INTERLOCK DEVICE IN THE PERSON'S VEHICLE; EXCEPT THAT, IF A CERTIFIED
IGNITION INTERLOCK MANUFACTURER DETERMINES THE PERSON'S VEHICLE
IS A HIGH-END OR ELECTRIC VEHICLE, FIFTY PERCENT OF THE INSTALLATION
FEE IS COVERED;
       (B) FREE REMOVAL OF THE INTERLOCK DEVICE UPON THE PERSON'S
SUCCESSFUL COMPLETION OF THE PROGRAM; AND
       (C) A DISCOUNT OF UP TO FIFTY PERCENT OF THE MONTHLY DEVICE
LEASE RATE CHARGED TO NONINDIGENT PROGRAM APPLICANTS, AS
DETERMINED BY THE DEPARTMENT.
      (II) A PERSON RECEIVING FINANCIAL ASSISTANCE PURSUANT TO
SUBSECTION ( 4)( a)(Il)(C) OF THIS SECTION MUST NOT RECEIVE A DISCOUNT
FOR   FEES     OR   COSTS   ASSOCIATED   WITH    PROGRAM     VIOLATIONS,
NONCOMPLIANCE,       MISSED    APPOINTMENTS,     LOCKOUTS,      OR   OTHER
ADMINISTRATIVE OR SERVICE FEES.
       (Ill)    A PERSON WHO FAILS TO REMAIN COMPLIANT WITH THE
ASSISTANCE       PROGRAM      REQUIREMENTS     FORFEITS   THE    PERSON'S
AFFORDABILITY STATUS AND IS RESPONSIBLE FOR THE FULL COST OF THE
PAGE 3-HOUSE BILL 26-1242
DEVICE UNLESS AND UNTIL ELIGIBILITY IS REESTABLISHED PURSUANT TO
RULE.
        (IV)    A CERTIFIED IGNITION INTERLOCK MANUFACTURER MAY
REQUEST UPDATED FINANCIAL INFORMATION FROM A PERSON PARTICIPATING
IN THE ASSISTANCE PROGRAM NOT MORE THAN ONCE EVERY SIX MONTHS
WHILE THE PERSON IS SUBJECT TO THE INTERLOCK REQUIREMENT FOR THE
PURPOSE OF DETERMINING WHETHER THE PERSON CONTINUES TO MEET THE
ASSISTANCE PROGRAM ELIGIBILITY REQUIREMENTS.
      (V) Consumer notice requirements for first-time offenders and
persistent drunk drivers. A CERTIFIED IGNITION INTERLOCK
MANUFACTURER SHALL PROVIDE WRITTEN INFORMATION REGARDING THE
ASSISTANCE PROGRAM TO ALL CUSTOMERS:
        (A) AT THE TIME AN INSTALLATION APPOINTMENT IS SCHEDULED;
AND
        (B)    AT THE TIME THE CUSTOMER EXECUTES A DEVICE LEASE OR
SERVICE AGREEMENT.
        (VI) THE DEPARTMENT SHALL PROMINENTLY POST INFORMATION ON
ITS WEBSITE DESCRIBING THE ASSISTANCE PROGRAM, INCLUDING ELIGIBILITY
REQUIREMENTS AND APPLICATION INSTRUCTIONS.
       SECTION 2. Appropriation. ( 1) For the 2026-27 state fiscal year,
$15,225 is appropriated to the department of revenue. This appropriation is
from the Colorado DRIVES vehicle services account in the highway users
tax fund created in section 42-1-211 (2)(a), C.R.S. To implement this act,
the department may use this appropriation as follows:
        (a) $11,700 for DRIVES maintenance and support;
       (b) $943 for use by the division of motor vehicles for personal
services related to vehicle services;
       (c) $1,394 for use by the executive director's office for personal
services related to administration and support; and
        (d) $1,188 for payments to OIT.
PAGE 4-HOUSE BILL 26-1242
        SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect June 1, 2027; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2026 and, in such case, will
take effect June 1, 2027.
PAGE 5-HOUSE BILL 26-1242
       (2) This act applies to revocations on or after the applicable
effective date of this act.
                                           ames Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED o h 7 1 , ~ Vv\i;-.n 2i3+~U>2--i-M  l:sOr-
                         ( ate and Time)
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