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HomeMy WebLinkAbout07902ORDINANCE NO. 7902 AN ORDINANCE AMENDING SECTION 8 OF CHAPTER I OF TITLE XV RELATING TO AMENDMENTS TO THE MODEL TRAFFIC CODE TO PROHIBIT DIVERSION PROGRAMS FOR HOLDERS OF COMMERCIAL DRIVER'S LICENSE AND TIMELY REPORTING OF CONVICTIONS WHEREAS, pursuant to recent enactment of House Bill 08 -1121 by the General Assembly of the State of Colorado, the Pueblo Municipal Court is prohibited from allowing a holder of a commercial driver's license from entering into a diversion program which would prevent the reporting of a conviction for a violation of the City's traffic code. In addition, records of all such convictions must be forwarded to the Department of Revenue, State of Colorado, within five days of conviction. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. Section 8 of Chapter 1 of Title XV of the Pueblo Municipal Code is hereby amended by the addition of new subsections (a)(18.5) and (a)(23.5) to read as follows: (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: (18.5) 1715. Convictions, judgments, and charges recorded — public intersection. (1) Every fudge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this Code or any other law regulating the operation of vehicles on highways. (2)(a) Subject to paragraph (b) of this Subsection (2), within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating this Code or other law regulating the operation of vehicles on highways, the fudge or clerk of the court in which the entry of a judgment was made, the conviction was had or bail was forfeited shall prepare and forward to the motor vehicle division of the department of revenue an abstract of the record of the court covering every case in which the person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the preparer to be true and correct. For purposes herein "conviction" does not include a deferred sentence. (b) For the holder of a commercial driver's license as defined in section 42 -2 -402, C.R.S., or an offense committed by a person operating a commercial motor vehicle as defined in section 42 -2 -402, C.R.S., within five days after conviction, as such term is defined in section 42 -1- 102(19). C.R.S., of a person upon a charge of violating this Code or other law regulating the operation of vehicles on highways, the fudge or clerk of the court in which the person was convicted shall prepare and forward to the department an abstract of the record of the court covering every case in which the person was convicted, which abstract shall be certified by the prepared to be true and correct. (23.5) 1723. Violations - commercial driver's licenses - compliance with federal regulation. With respect to a holder of a commercial driver's license as defined in section 42 -2 -402, C.R.S., or the operator of a commercial motor vehicle as defined in section 42 -2 -402, C.R.S., a court shall not defer imposition of judgment or allow a person to enter into a diversion program that would prevent a driver's conviction, as such term is defined in section 42 -1- 102(19), C.R.S., for any violation, in any type of motor vehicle, of a traffic control law from appearing on the driver's record. Section 2. This Ordinance shall become effective upon final passage and approval. INTRODUCED October 14, 2008 D O ED A e Background Paper for Proposed ORDINANCE AGENDA ITEM # 15 DATE: October 14, 2008 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 8 OF CHAPTER I OF TITLE XV RELATING TO AMENDMENTS TO THE MODEL TRAFFIC CODE TO PROHIBIT DIVERSION PROGRAMS FOR HOLDERS OF COMMERCIAL DRIVER'S LICENSE AND TIMELY REPORTING OF CONVICTIONS ISSUE Should the City Council pass and approve the proposed Ordinance? RECOMMENDATION City Council should pass and approve the proposed Ordinance BACKGROUND Pursuant to recent enactment of House Bill 08 -1121 by the General Assembly of the State of Colorado, the Pueblo Municipal Court is prohibited from allowing a holder of a commercial driver's license from entering into a diversion program which would prevent the reporting of a conviction for a violation of the City's traffic code. In addition, records of all such convictions must be forwarded to the Department of Revenue, State of Colorado, within five days of conviction. The proposed Ordinance incorporates the changes required by House Bill 08 -1121. FINANCIAL IMPACT None