Colorado Revised Statutes

Colo. Rev. Stat. § 16-2-201 (2026)

Penalty assessment notice procedure

✓ current as of July 2026

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(1) When a person is arrested for a civil infraction, the arresting officer may give the person a penalty assessment notice pursuant to section 16-2.3-102 and release the person upon its terms.

(1.5) The provisions of subsection (1) of this section notwithstanding, when an officer comes upon an unattended vehicle which is parked in apparent violation of any county parking ordinance, the officer may place upon the vehicle a penalty assessment notice as specified in subsection (2) of this section; except that said notice shall contain the license plate number and state of registration of the vehicle and need not contain the identification of the alleged offender.

(2) The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the clerk of the county court in the county in which the alleged offense occurred. The provisions of this section shall not apply to penalties assessed pursuant to authority of law outside this code unless this section is specifically referred to in such other law.

(3) If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he chooses not to acknowledge his guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine. Source: L. 72: R&RE, p. 197, § 1. C.R.S. 1963: § 39-2-201. L. 73: p. 498, § 2. L. 91: Entire section amended, p. 423, § 1, effective March 11. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3160, § 167, effective March 1, 2022. L. 2022: (1) amended, (HB 22-1229), ch. 68, p. 341, § 11, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

ARTICLE 2.3 Civil Infractions Editor's note: (1) This article 2.3 was added in 2021 and was not amended prior to 2022. It was repealed and reenacted in 2022, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 2.3 prior to 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding this article 2.3 is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Notes of Decisions

Cited in 8 cases, 1981–2002 · leading case: People v. Triantos, 55 P.3d 131 (Colo. 2002).

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People v. Triantos, 55 P.3d 131 (Colo. 2002). · cites it 14× “The judge construed section 16-2-201, 6 C.R.S. (2002), as requiring a police officer confronting someone suspected of a class two petty offense to issue a summons rather than to arrest that person unless "circumstances reasonably persuade the officer that the alleged offender is…”

People v. Bland, 884 P.2d 312 (Colo. 1994). · cites it 8× “2d at 72-73 ; see also § 16-2-201(1), 8A C.R.S. (1994 Supp.) (contrasting the issuance of a penalty assessment notice for a class 2 petty offense with the alternative of taking a defendant before a court).”

People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987). · cites it 6× “The penalty assessment procedure of section 16-2-201, C.R.S., is available for the payment of fines in class 2 petty offense cases.”

Jeffrey v. Dist. Court In & For the Eighth Jud. Dist., 626 P.2d 631 (Colo. 1981). · cites it 2× “Except for penalty assessment notices, which shall be handled according to the *635 procedures set forth in section 16-2-201, a copy of a summons and complaint so issued shall be filed immediately with the county court before which appearance is required, and a second copy shall…”

7250 Corp. v. Bd. of Cnty. Commissioners, 799 P.2d 917 (Colo. 1990). · cites it 3× “(10) Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this ordinance.”

Terry v. People, 977 P.2d 145 (Colo. 1999). “We agree with Terry that the language of sections 16-2-201(4.5) and 16-11-309 is ambiguous, in that it “is susceptible to reasonable, alternative interpretations.”

Corr v. Dist. Court In & For the Eighth Jud. Dist., 661 P.2d 668 (Colo. 1983). · cites it 2× “Except for penalty assessment notices, which shall be handled according to the procedures set forth in section 16-2-201, a copy of a summons and complaint so issued *670 shall be filed immediately with the county court before which appearance is required, and a second copy shall…”

Corr v. Dist. Ct. in & for Eighth Jud. Dist., 661 P.2d 668 (Colo. 1983). · cites it 2× “Except for penalty assessment notices, which shall be handled according to the procedures set forth in section 16-2-201, a copy of a summons and complaint so issued shall be filed immediately with the county court before which appearance is required, and a second copy shall be…”

— Colo. Rev. Stat. § 16-2-201(1) — 1 case

People v. Bland, 884 P.2d 312 (Colo. 1994). “2d at 72-73 ; see also § 16-2-201(1), 8A C.R.S. (1994 Supp.) (contrasting the issuance of a penalty assessment notice for a class 2 petty offense with the alternative of taking a defendant before a court).”

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