Section 35-10-123 - 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 35-10-117 (1)(a), (1)(b), (1)(c), (1)(g), and (5).(2) Any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(e), (1)(g), (1)(i), (1)(j), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), or (4)(a) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.(3) Any person who violates any of the provisions of section 35-10-117 (1)(f), (2)(f), (2)(g), (4)(b), and (5) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.Amended by 2021 Ch. 462, § 619, eff. 3/1/2022.L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 2002: (2) and (3) amended, p. 1547, § 306, effective October 1. L. 2006: (2) amended, p. 1266, § 15, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 3277, p. 3277, § 619, effective 3/1/2022.This section is similar to former § 35-10-120 as it existed prior to 1990.
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) and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.