Section 35-9-125 - Criminal penalties(1) No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c).(2) Any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.(3) Any person who violates section 35-9-120 (1)(g), (2)(d), (2)(e), or (2)(f) commits a petty offense and shall be punished as provided in section 18-1.3-503.Amended by 2021 Ch. 462, § 618, eff. 3/1/2022.L. 90: Entire article R&RE, p. 1573, § 1, effective June 7. L. 2002: (2), (3), and (4) amended, p. 1547, § 305, effective October 1. L. 2021: (2) and (3) amended, (SB 21-271), ch. 3277, p. 3277, § 618, effective 3/1/2022; (4)(b) added by revision, (SB 21-271), ch. 462, pp. 3277, 3331, §§ 618, 803.(1) This section is similar to former § 35-9-109 as it existed prior to 1990.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective March 1, 2022. (See L. 2021, pp. 3277, 3331.)
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2002 act amending subsections (2), (3), and (4), see section 1 of chapter 318, Session Laws of Colorado 2002.