(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 359-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c).
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 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Any person who violates section 35-9-120 (1)(g), (2)(d), or (2)(f) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Any person who violates any of the provisions of section 35-9-120 (2)(e) commits aclass 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: 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.
Editor's note: This section is similar to former § 35-9-109 as it existed prior to 1990.
Cross references: 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.