Fillable 126241 2017 Manual ( July) (Colorado DORA)
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MISSION
The mission of Colorado POST is to establish
and maintain standards for peace officer
training and certification that are relevant,
realistic and responsive to our ever-changing
world.
Law Enforcement Code of Ethics
As a Certified Peace Officer, my fundamental duty is to
serve mankind; to safeguard lives and property; to
protect the innocent against deception, the weak against
oppression or intimidation, and the peaceful against
violence or disorder; and, to respect the Constitutional
rights of all men to liberty, equality and justice.
I will keep my private life unsullied as an example to all;
maintain courageous calm in the face of danger, scorn or
ridicule; develop self-restraint; and be constantly
mindful of the welfare of others. Honest in thought and
deed in both my personal and official life. I will be
exemplary in obeying the laws of the land and the
regulations of my department. Whatever I see or hear of
a confidential nature or that is confided in me in my
official capacity will be kept ever secret unless revelation
is necessary in the performance of my duty.
I will never act officiously or permit personal feelings,
prejudices, animosities or friendships to influence my
decisions. With no compromise for crime and relentless
prosecution of criminals, I will enforce the law
courteously and appropriately without fear or favor,
malice or ill will, never employing unnecessary force of
violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public
faith and I accept it as a public trust to be held so long
as I am true to the ethics of law enforcement service. I
will constantly strive to achieve these objectives and
ideals, dedicating myself before God to my chosen
profession . . . law enforcement.
i
TABLE OF CONTENTS
COLORADO REVISED STATUTES
Title 6 – Consumer and Commercial Affairs ........................................................ A-3
Article 17 – Uniform Records Retention Act ................................................. A-3
6-17-101. Short title ..................................................................................... A-3
6-17-102. Legislative declaration ................................................................ A-3
6-17-103. Definitions .................................................................................... A-3
6-17-104. Records retention period ............................................................. A-4
6-17-105. Form of record .............................................................................. A-4
6-17-106. Scope of article ............................................................................. A-4
TITLE 16 – Criminal Proceedings ........................................................................ A-5
ARTICLE 1 – General Provisions .................................................................. A-5
16-1-109. Eyewitness identification procedures - legislative declaration -
definitions - policies and procedures - training - admissibility ................... A-5
TITLE 16 – Criminal Proceedings ........................................................................ A-9
ARTICLE 2.5 – Peace Officers ....................................................................... A-9
PART 1 – Peace Officers ................................................................................. A-9
16-2.5-101. Peace officer – description – general authority ....................... A-9
16-2.5-102. Certified peace officer – POST certification required .......... A-10
16-2.5-103. Sheriff – undersheriff – certified deputy sheriff –
noncertified deputy sheriff ......................................................................... A-10
16-2.5-104. Coroner .................................................................................... A-11
16-2.5-105. Police officer ............................................................................ A-11
16-2.5-106. Southern Ute Indian police officer ......................................... A-11
16-2.5-107. Ute Mountain Ute Indian police officer ................................. A-11
16-2.5-108. Town marshal – deputy .......................................................... A-11
16-2.5-109. Fire arson investigator ........................................................... A-12
16-2.5-110. Reserve police officer – reserve deputy sheriff – reserve
deputy town marshal – definitions ............................................................ A-12
16-2.5-111. Executive director of the department of public safety -
deputy executive director of the department of public safety - director of
the division of criminal justice in the department of public safety .......... A-14
ii
16-2.5-112. Director of the division of homeland security and
emergency management ............................................................................. A-14
16-2.5-113. Colorado bureau of investigation director – agent ................. A-14
16-2.5-114. Colorado state patrol officer ................................................... A-14
16-2.5-115. Port of entry officer ................................................................. A-15
16-2.5-116. Colorado wildlife officer – special wildlife officer .................. A-15
16-2.5-117. Colorado parks and recreation officer – special parks and
recreation officer ......................................................................................... A-15
16-2.5-118. Commissioner of agriculture .................................................. A-16
16-2.5-119. State brand inspector ............................................................. A-16
16-2.5-120. Colorado state higher education security officer ................... A-16
16-2.5-121. Executive director of the department of revenue – senior
director of enforcement for the department of revenue ............................ A-16
16-2.5-122. Auto industry investigator ..................................................... A-17
16-2.5-123. Director of the division of gaming – gaming investigator ..... A-17
16-2.5-124. Liquor enforcement investigator ............................................ A-17
16-2.5-124.5. Director of marijuana enforcement and marijuana
enforcement investigator ............................................................................ A-17
16-2.5-125. State lottery investigator ....................................................... A-18
16-2.5-126. Director of racing events – racing events supervisor – racing
events investigator ...................................................................................... A-18
16-2.5-127. State student loan investigator .............................................. A-18
16-2.5-128. Colorado attorney general - chief deputy attorney general -
solicitor general - assistant solicitor general - deputy attorney general -
assistant attorney general of criminal enforcement - assistant attorney
general and employee as designated .......................................................... A-18
16-2.5-129. Attorney general criminal investigator ................................. A-19
16-2.5-130. POST director – POST board investigator ............................ A-19
16-2.5-131. Chief security officer for the general assembly ..................... A-19
16-2.5-132. District attorney - assistant district attorney - chief deputy
district attorney - deputy district attorney - special deputy district
attorney - special prosecutor ...................................................................... A-19
16-2.5-133. District attorney chief investigator – district attorney
investigator ................................................................................................. A-19
iii
16-2.5-134. Department of corrections inspector general – department
of corrections investigator .......................................................................... A-20
16-2.5-135. Executive director of the department of corrections –
warden – corrections officer........................................................................ A-20
16-2.5-136. Community parole officer ....................................................... A-20
16-2.5-137. Adult probation officer ........................................................... A-20
16-2.5-138. Juvenile probation officer – juvenile parole officer ............... A-21
16-2.5-139. Police administrator – police officer employed by the
Colorado mental health institute at Pueblo .............................................. A-21
16-2.5-140. Correctional security officer employed by the Colorado
mental health institute at Pueblo .............................................................. A-21
16-2.5-141. Colorado state security guard ................................................ A-21
16-2.5-142. Railroad peace officer ............................................................. A-22
16-2.5-143. Public utilities commission member ...................................... A-22
16-2.5-144. Colorado National Guardsman .............................................. A-22
16-2.5-145. Municipal court marshal ........................................................ A-22
16-2.5-146. Public transit officer – definitions ......................................... A-23
16.2.5-147. Federal special agents ........................................................... A-23
16-2.5-148. Colorado state higher education police officer...................... A-25
16-2.5-149. City attorney - town attorney - senior assistant city
attorney - assistant city attorney - chief deputy city attorney -
deputy city attorney - special deputy city attorney - prosecuting
attorney - senior prosecuting attorney - senior prosecutor - special
prosecutor .................................................................................................... A-25
16-2.5-150. Fort Carson police officers ....................................................... A-25
16-2.5-151. Federal secret service agents .................................................. A-26
TITLE 16 – Criminal Proceedings ...................................................................... A-29
ARTICLE 2.5 – Peace Officers ..................................................................... A-29
Part 2 – Sunrise Review of Peace Officer Status ........................................ A-29
16-2.5-201. General assembly sunrise review of groups seeking
statutory peace officer status ..................................................................... A-29
16-2.5-202. POST board review of peace officer status ............................ A-30
16-2.5-203. Rules ........................................................................................ A-31
TITLE 18 – Criminal Code .................................................................................. A-33
iv
ARTICLE 1 - Provisions Applicable to Offenses Generally ............................... A-33
PART 7 - Justification and Exemptions from Criminal Responsibility ..... A-33
18-1-707. Use of physical force in making an arrest or in preventing
an escape - definitions ................................................................................ A-33
TITLE 18 – Criminal Code .................................................................................. A-39
ARTICLE 5 – Offenses Involving Fraud ..................................................... A-39
PART 1 – Forgery, Simulation, Impersonation, and Related Offenses ...... A-39
18-5-114. Offering a false instrument for recording ................................. A-39
TITLE 18 – Criminal Code .................................................................................. A-41
ARTICLE 8 – Offenses – Governmental Operations .................................. A-41
PART 1 – Obstruction of Public Justice ...................................................... A-41
18-8-112. Impersonating a peace officer ................................................... A-41
TITLE 24 – Government – State ......................................................................... A-43
ARTICLE 7 – State Security Officers .......................................................... A-43
24-7-100.2. Legislative declaration ........................................................... A-43
24-7-101. State Institutions authorized to employ security officers ........ A-43
24-7-102. Supervision and control ............................................................. A-44
24-7-103. Powers conferred ....................................................................... A-44
24-7-104. State property not exempt from local law enforcement ........... A-44
24-7-105. Officers’ qualifications ............................................................... A-45
24-7-106. Peace officers standards and training board evaluation and
recommendation – legislative authorization of peace officer status
required ....................................................................................................... A-45
TITLE 24 – Government – State ......................................................................... A-47
ARTICLE 7.5 – Colorado Higher Education Police Officers ....................... A-47
24-7.5-101. State institutions of higher education authorized to employ
police officers ............................................................................................... A-47
24-7.5-102. Supervision and control .......................................................... A-47
24-7.5-103. Powers conferred .................................................................... A-47
24-7.5-104. State institution of higher education property not exempt
from local law enforcement......................................................................... A-48
24-7.5-105. Officers’ qualifications ............................................................ A-48
24-7.5-106. Peace officers standards and training board evaluation and
recommendation – legislative authorization of peace officer status
required ....................................................................................................... A-48
v
TITLE 24 – Government – State ......................................................................... A-49
ARTICLE 31 – Department of Law ............................................................. A-49
PART 1 – Attorney General ......................................................................... A-49
24-31-105. Criminal enforcement section ................................................. A-49
24-31-107. Applications for licenses – authority to suspend licenses –
rules ............................................................................................................. A-49
TITLE 24 – Government – State ......................................................................... A-51
ARTICLE 31 – Department of Law ............................................................. A-51
PART 3 – Peace Officer Standards and Training........................................ A-51
24-31-301. Definitions ................................................................................ A-51
24-31-302. Creation of board ..................................................................... A-52
24-31-303. Duties - powers of the P.O.S.T. board ........................................ 54
24-31-304. Applicant for training – fingerprint-based criminal history
record check................................................................................................. A-57
24-31-305. Certification - issuance - renewal - revocation ........................ A-59
24-31-306. Qualifications for peace officers (Repealed) ...................... A-63
24-31-307. Enforcement ............................................................................. A-63
24-31-308. Reciprocity – provisional certificate ........................................ A-64
24-31-309. Profiling – officer identification – training ............................. A-64
24-31-310. Resources for the training of peace officers – peace officers in
rural jurisdictions – legislative declaration ............................................... A-66
24-31-311. DNA evidence – collection – retention .................................... A-67
24-31-312. School resource officer training................................................ A-68
24-31-313. Training concerning abuse and exploitation of at-risk elders A-69
24-31-313.5. Training concerning abuse and exploitation of at-risk
adults with intellectual and developmental disabilities ........................... A-70
24-31-314. Advanced roadside impaired driving enforcement training ... A-70
24-31-315. Annual in-service training requirements ................................ A-70
TITLE 24 – Government – State – Principal Departments ............................... A-73
ARTICLE 33.5 - Public Safety ..................................................................... A-73
PART 1 – Department of Public Safety ....................................................... A-73
24-33.5-112. State law enforcement agencies to provide identification
cards to retired peace officers upon request – definitions ......................... A-73
24-33.5-115. Peace officer hiring - required use of waiver - definitions ... A-74
vi
24-33.5-116. Peace officer authority Colorado mounted rangers study
task force - repeal ........................................................................................ A-75
PART 5 – Division of Criminal Justice ........................................................ A-77
24-33.5-519. Body-worn cameras for law enforcement officers - grant
program - study group - fund – repeal ....................................................... A-77
PART 8 - Compensation Benefits To Volunteer Civil Defense Workers .... A-80
24-33.5-822. County sheriff - local government - local emergency
planning committee - memorandum of understanding with volunteer
organizations ............................................................................................... A-80
TITLE 24 - Government - State Principal Departments ................................... A-83
ARTICLE 35 - Department of Revenue ....................................................... A-83
PART 1 – Organization ................................................................................ A-83
24-35-120. Peace officer hiring - required use of waiver - definitions ...... A-83
TITLE 24 – Government – State ......................................................................... A-85
ARTICLE 76.5 – Restrictions on Public Benefits ........................................ A-85
24-76.5-101. Legislative declaration ......................................................... A-85
24-76.5-102. Definitions ............................................................................. A-85
24-76.5-103. Verification of lawful presence - exceptions - reporting –
rules ............................................................................................................. A-85
TITLE 26 – Human Services Code...................................................................... A-91
ARTICLE 13 – Child Support Enforcement Act ......................................... A-91
26-13-126. Authority to deny, suspend, or revoke professional,
occupational, and recreational licenses ..................................................... A-91
TITLE 29 – Government – Local......................................................................... A-95
ARTICLE 1 – Budget and Services .............................................................. A-95
PART 2 – Intergovernmental Relationships ............................................... A-95
29-1-206. Law enforcement agreements ................................................... A-95
29-1-206.5. Emergency services - agreements - immunity from liability -
definitions .................................................................................................... A-95
TITLE 29 – Government – Local......................................................................... A-97
ARTICLE 5 – Peace Officers and Firefighters ............................................ A-97
29-5-101. Peace officers must be residents – exception............................ A-97
29-5-102. Impersonating an officer – penalty (Repealed) ........................ A-97
29-5-103. Assignment of police officers or deputy sheriffs for temporary
duty .............................................................................................................. A-97
vii
29-5-104. Request for temporary assignment of police officers or deputy
sheriffs – authority ..................................................................................... A-98
29-5-106. Temporary assignment to labor dispute area ........................ A-100
29-5-108. Liability of requesting jurisdiction .......................................... A-100
29-5-112. Dog interactions with local law enforcement officers - training
to be provided by local law enforcement agencies - policies and procedures
- scope - task force - creation - composition - immunity - short title -
legislative declaration – definitions ......................................................... A-101
TITLE 30 – Government – County ....................................................................A-109
ARTICLE 10 – County Officers ...................................................................A-109
PART 5 – Sheriff ..........................................................................................A-109
30-10-501.5. Qualifications ...................................................................... A-109
30-10-501.6. Training .............................................................................. A-110
30-10-501.7. Enforcement ........................................................................ A-111
30-10-526. Sheriff office hiring - required use of waiver - definitions .... A-111
TITLE 31. Government - Municipal ..................................................................A-113
31-30-108. Peace officer hiring - required use of waiver - definitions .... A-113
TITLE 33. Parks and Wildlife ............................................................................A-115
Administration
ARTICLE 9.Administration of Parks and Wildlife ....................................A-115
33-9-112. Peace officer hiring - required use of waiver - definitions ...... A-115
TITLE 39 – Taxation - Specific Taxes ................................................................A-117
ARTICLE 28.8 - Taxes On Marijuana And Marijuana Products ..............A-117
PART 5. Marijuana Tax Cash Fund ...........................................................A-117
39-28.8-501. Marijuana tax cash fund - creation - distribution –
repeal ......................................................................................................... A-117
ARTICLE 1 – General and Administrative ................................................A-121
PART 1 – Definitions and Citation .............................................................A-121
42-1-102. Definitions ................................................................................ A-121
TITLE 42 – Vehicles and Traffic ........................................................................A-123
ARTICLE 3 – Registration, Taxation, and License Plates ........................A-123
PART 3 – Fees and Cash Funds .................................................................A-123
42-3-304. Registration fees – passenger and passenger-mile taxes –
clean screen fund – repeal ........................................................................ A-123
viii
TITLE 42 – Vehicles and Traffic ........................................................................A-125
ARTICLE 5 – Automobile Theft Law – Inspection of Motor Vehicle
Identification Numbers ...............................................................................A-125
PART 2 – Vehicle Identification Number Inspection .................................A-125
42-5-201. Definitions ................................................................................ A-125
42-5-206. Certification of inspectors ....................................................... A-127
POST RULES
Rule 1 –Definitions ................................................................................... B-3
Rule 2 – Meetings ..................................................................................... B-9
Rule 3 – Director’s Authority ................................................................. B-11
Rule 4 – Subject Matter Expert Committees ........................................ B-13
Rule 5 – Hearings ................................................................................... B-15
Rule 6 – Declaratory Orders .................................................................. B-17
Rule 7 – Variances .................................................................................. B-19
Rule 8 – Appeal Process for Peace Officer Applicants - Certification
Denial as a Result of a Misdemeanor Conviction .................................. B-21
Rule 9 – Revocation Hearings for Criminal Conduct ............................ B-23
Rule 10 – Basic Peace Officer Certification ........................................... B-25
Rule 11 – Provisional Certification ........................................................ B-27
Rule 12 – Reserve Certification ............................................................. B-29
Rule 13 – Renewal of Basic Certification .............................................. B-31
Rule 14 – Fingerprint-Based Criminal History Record Check ............. B-33
Rule 15 – Certification Examination Basic, Provisional, Renewal ...... B-37
Rule 16 – Skills Examinations for Provisional and Renewal
Applicants ............................................................................................... B-39
Rule 17 – Certification Records ............................................................. B-41
Rule 18 – Certification, Suspension, and Revocation Basic,
Provisional, Renewal, and Reserves ...................................................... B-43
Rule 19 – Vehicle Identification Number Inspectors ............................ B-45
Rule 20 – Vehicle Identification Number Inspector Programs ............. B-47
Rule 21 – Basic and Reserve Training Academies ................................ B-49
Rule 22 – Concerning Sunrise Review of Peace Officer Status ............ B-63
ix
Rule 23 – Academy Skills Instructors ................................................... B-67
Rule 24 – Skills Training Safety and Skills Program
Requirements for Basic and Reserve Academies .................................. B-71
Rule 25 – Academy Instructor Training Programs ............................... B-77
Rule 26 – Academy and Academy Instructor Training Program
Inspections .............................................................................................. B-83
Rule 27 – Retired Law Enforcement Officer Authority to Carry
Concealed Firearms ................................................................................ B-85
Rule 28 – In-Service Training Program ................................................. B-89
Rule 29- Hiring Standards ..................................................................... B-95
PROGRAMS
BASIC ACADEMIC TRAINING PROGRAM ....................................... C-3
RESERVE ACADEMIC TRAINING PROGRAM ................................ D-1
REFRESHER ACADEMIC TRAINING PROGRAM ........................... E-1
ARREST CONTROL TRAINING PROGRAM ...................................... F-1
LAW ENFORCEMENT DRIVING PROGRAM ................................... G-1
FIREARMS TRAINING PROGRAM .................................................... H-1
ANTI-BIAS TRAINING PROGRAM ...................................................... I-1
VEHICLE IDENTIFICATION NUMBER INSPECTOR
TRAINING PROGRAM .......................................................................... J-1
BAIL RECOVERY TRAINING PROGRAM ......................................... K-1
INSTRUCTOR TRAINING PROGRAMS
INSTRUCTION METHODOLOGY PROGRAM ................................... L-3
ARREST CONTROL INSTRUCTOR PROGRAM ............................... M-1
LAW ENFORCEMENT DRIVING
INSTRUCTOR PROGRAM ................................................................... N-1
HANDGUN INSTRUCTOR PROGRAM .............................................. O-1
CURRICULUM BIBLIOGRAPHY
Curriculum Bibliography .......................................................................... P-3
OTHER
MISDEMEANORS WHICH WILL AFFECT CERTIFICATION ........... Q-3
Declaratory Order ........................................................................................... Q-5
x
FORMS
Application for Basic Peace Officer Certification Form 1
Application for Reserve Certification Form 2
Application for Provisional Certification Form 3
Application for Renewal of Basic Certification Form 4
Change of Name Form 5
Peace Officer Psychological/Physical Affidavit Form 6
Application for Academy Approval Form 7
Application for Academy Instructor Training Program Approval Form 8
Application for VIN Inspector Certification Form 9
Application for VIN Inspector Training Program Approval Form 9A
Instructor/Course Evaluation Form 10
Course Evaluation (Recommended by the Curriculum Form 10A
SME Committee)
Academy Evaluation (Recommended by the Curriculum Form 10B
SME Committee)
Enrollment Advisory Form Form 11E
Application for Group/Position Peace Officer Authority Form 12
and Status – Sunrise Provision
ADA Accommodations Form N/A
In-Service Grant Application N/A
Scheduling Request for POST Exam N/A
COLORADO
REVISED
STATUTES
This portion of Colorado Revised Statutes, reprinted with the permission of the
committee on Legal Services in accordance with Section 2-5-118, C.R.S., is an
unofficial publication of Colorado Revised Statutes
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Title 6 – Consumer and Commercial Affairs
Article 17 – Uniform Records Retention Act
6-17-101. Short title
This article shall be known and may be cited as the "Uniform Records Retention
Act".
Source: L. 90: Entire article added, p. 384, § 1, effective July 1.
6-17-102. Legislative declaration
The general assembly hereby finds that there is a need to minimize the paperwork
burden associated with the retention of business records for individuals, small
businesses, state and local agencies, corporations, and other persons, and there is a
need to minimize the costs of collecting, maintaining, using, storing, and
disseminating information and business records. The general assembly therefore
finds that the provisions of this article are necessary to promote efficiency and
economy.
Source: L. 90: Entire article added, p. 384, § 1, effective July 1.
6-17-103. Definitions
As used in this article, unless the context otherwise requires:
(1) "Business record" means books of account; vouchers; documents; cancelled
checks; payrolls; correspondence; records of sales, personnel, equipment, and
production; reports relating to any or all of such records; and other business papers.
(2) "Record" means any letter, word, sound, number, or its equivalent, set down
by handwriting, typewriting, printing, photostating, photographing, magnetic
impulse, mechanical, or electronic recording of other forms of data compilation.
Unless otherwise specified, reproductions are records for purposes of this article.
(3) "Reproduction" means any counterpart produced by the same impression as
the original or from the same matrix, or by means of photography, including
enlargements and miniatures, or by mechanical or electronic rerecording or by
chemical reproduction or by any equivalent technique which accurately reproduces
the original.
Source: L. 90: Entire article added, p. 384, § 1, effective July 1.
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6-17-104. Records retention period
Any record required to be created or kept by any state or local law or regulation
may be destroyed after three years from the date of creation, unless such law or
regulation establishes a specified records retention period or a specific procedure to
be followed prior to destruction.
Source: L. 90: Entire article added, p. 385, § 1, effective July 1.
6-17-105. Form of record
Retention of reproductions produced pursuant to this article shall constitute
compliance with any state or local law requiring that any record be created or kept.
Source: L. 90: Entire article added, p. 385, § 1, effective July 1.
6-17-106. Scope of article
This article shall apply to all records prepared by private individuals, partnerships,
corporations, or any other association, whether carried on for profit or not, and to
any government entity operating under the laws of this state and shall apply to all
records created before and after July 1, 1990.
Source: L. 90: Entire article added, p. 385, § 1, effective July 1.
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TITLE 16 – Criminal Proceedings
ARTICLE 1 – General Provisions
16-1-109. Eyewitness identification procedures - legislative
declaration - definitions - policies and procedures - training -
admissibility
(1) The general assembly finds and declares that:
(a) Over the past forty years, a large body of peer-reviewed scientific
research and practice has demonstrated that simple systematic changes in
the administration of eyewitness identification procedures by all law
enforcement agencies can greatly improve the accuracy of those
identifications and strengthen public safety while protecting the innocent;
(b) The integrity of Colorado's criminal justice system benefits from
adherence to peer-reviewed research-based practices in the investigation of
criminal activity; and
(c) Colorado will benefit from the development and use of written
law enforcement policies that are derived from peer-reviewed scientific
research and research-based practices, which will ultimately improve the
accuracy of eyewitness identification and strengthen the criminal justice
system in Colorado.
(2) As used in this section, unless the context otherwise requires:
(a) "Blind" means the administrator of a live lineup, photo array, or
showup does not know the identity of the suspect.
(b) "Blinded" means the administrator of a live lineup, photo array, or
showup may know who the suspect is but does not know in which position the
suspect is placed in the photo array when it is viewed by the eyewitness.
(c) "Eyewitness" means a person who observed another person at or
near the scene of an offense.
(d) "Filler" means either a person or a photograph of a person who is
not suspected of the offense in question and is included in an
identification procedure.
(e) "Live lineup" means an identification procedure in which a group
of persons, including the suspected perpetrator of an offense and other
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persons who are not suspected of the offense, is displayed to an eyewitness for
the purpose of determining whether the eyewitness identifies the suspect as
the perpetrator.
(f) "Peace officers standards and training board" or "P.O.S.T. board"
means the board created in section 24-31-302, C.R.S., for the certification of
peace officers in Colorado.
(g) "Photo array" means an identification procedure in which an array of
photographs, including a photograph of the suspected perpetrator of an
offense and additional photographs of other persons who are not suspected of
the offense, is displayed to an eyewitness either in hard copy form or via
electronic means for the purpose of determining whether the eyewitness
identifies the suspect as the perpetrator.
(h) "Showup" means an identification procedure in which an eyewitness
is presented with a single suspect in person for the purpose of determining
whether the eyewitness identifies the individual as the perpetrator.
(3) (a) On or before July 1, 2016, any Colorado law enforcement agency
charged with enforcing the criminal laws of Colorado and that, as part of any
criminal investigation, uses or might use any eyewitness identification
procedure shall adopt written policies and procedures concerning law
enforcement-conducted eyewitness identifications. The policies and
procedures adopted and implemented by a law enforcement agency must be
consistent with eyewitness identification procedures of nationally recognized
peer-reviewed research or the policies and procedures developed, agreed
upon, and recommended by the Colorado attorney general's office and the
Colorado district attorneys' council. The policies and procedures must
include, but need not be limited to, the following:
(I) Protocols guiding the use of a showup;
(II) Protocols guiding the recommended use of a blind
administration of both photo arrays and live lineups or the
recommended use of a blinded administration of the identification
process when circumstances prevent the use of a blind administration;
(III) The development of a set of easily understood instructions
for eyewitnesses that, at a minimum, advise the eyewitness that
the alleged perpetrator may or may not be present in the photo
array or live lineup and that the investigation will continue
whether or not the eyewitness identifies anyone as the alleged
perpetrator in the photo array or live lineup;
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(IV) Instructions to the law enforcement agency regarding the
appropriate choice and use of fillers in compiling a live lineup or
photo array, including ensuring that fillers match the original
description of the perpetrator; and
(V) Protocols regarding the documentation of the eyewitness'
level of confidence as elicited at the time he or she first identifies
an alleged perpetrator or other person and memorialized
verbatim in writing.
(b) On or before July 1, 2016, all Colorado law enforcement agencies
that conduct eyewitness identifications shall adopt and implement the
written policies and procedures required by paragraph (a) of this
subsection (3). If a law enforcement agency does not complete or adopt its
own written policies and procedures relating to eyewitness identifications,
the law enforcement agency must, on or before July 1, 2016, adopt and
implement the model policies and procedures as developed and approved in
2015 by the Colorado attorney general and the Colorado district attorneys'
council.
(c) Local law enforcement policies and procedures relating to eyewitness
identification are public documents. All such policies and procedures must
be available, without cost, to the public upon request pursuant to the
provisions of this section.
(d) Subject to available resources, law enforcement shall create,
conduct, or facilitate professional training programs for law enforcement
officers and other relevant personnel on methods and technical aspects of
eyewitness identification policies and procedures. While these training
programs shall be approved by the P.O.S.T. board, any programs may be
created, provided, and conducted by any law enforcement agency, the office
of the attorney general, the Colorado district attorneys' council, or any other
P.O.S.T-approved training entity.
(4) Policies and procedures adopted and implemented by a law enforcement
agency pursuant to this section shall be reviewed by the agency at least every five
years to ensure consistency with nationally recognized peer-reviewed research.
(5) Compliance or failure to comply with any of the requirements of this section
is considered relevant evidence in any case involving eyewitness identification, as
long as such evidence is otherwise admissible.
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TITLE 16 – Criminal Proceedings
ARTICLE 2.5 – Peace Officers
PART 1 – Peace Officers
16-2.5-101. Peace officer – description – general authority
(1) A person who is included within the provisions of this article and who meets
all standards imposed by law on a peace officer is a peace officer, and,
notwithstanding any other provision of law, no person other than a person
designated in this article is a peace officer. A peace officer may be certified by the
peace officers standards and training board pursuant to part 3 of article 31 of title
24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of
Colorado while acting within the scope of his or her authority and in the
performance of his or her duties, unless otherwise limited within this part 1.
(2) A peace officer certified by the peace officers standards and training board
shall have the authority to carry firearms at all times, concealed or otherwise,
subject to the written firearms policy created by the agency employing the peace
officer. All other peace officers shall have the authority to carry firearms, concealed
or otherwise, while engaged in the performance of their duties or as otherwise
authorized by the written policy of the agency employing the officer.
(3) As used in every statute, unless the context otherwise requires, "law
enforcement officer" means a peace officer.
Source: L. 2003: Entire article added, p. 1605, § 2, effective August 6. L. 2006: (1)
amended, p. 27, § 1, effective July 1, 2007.
ANNOTATION
Annotator's note. Since § 16-2.5-101 is similar to repealed § 18-1-901 (3)(l),
relevant cases construing that provision have been included in the annotations to
this section.
Jailer included as peace officer. The jailer is a deputy sheriff and as such is a
peace officer within the definition of subsection (3)(l). People v. Shockley, 41 Colo.
App. 515, 591 P.2d 589 (1978).
Fellow officer doctrine applicable to parole officer. By definition in the
"Colorado Criminal Code", the parole officer is a "peace officer", and there is no
persuasive reason why a parole officer should not come within the fellow officer
doctrine. People v. Bergstrom, 190 Colo. 105, 544 P.2d 396 (1975).
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Under the "fellow officer rule", a sheriff's deputies were entitled to rely upon and
accept the information supplied by the parole officer. People v. Bergstrom, 190 Colo.
105, 544 P.2d 396 (1975).
For purposes of the reference to subsection (3)(l)(I) made in § 24-31-302 (5),
the certification requirement does not constitute a part of that the referenced
definition. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).
The phrase "has the authority to enforce all the laws of the state of Colorado while
acting within the scope of his authority and in the performance of his duties", does
not constitute a part of the definition of peace officer, level I. Fraternal Order, No.
27 v. Denver, 914 P.2d 483 (Colo. App. 1995).
Applied in People v. Roberts, 43 Colo. App. 100, 601 P.2d 654 (1979); People v.
Herrera, 633 P.2d 1091 (Colo. App. 1981).
16-2.5-102. Certified peace officer – POST certification required
The following peace officers shall meet all the standards imposed by law on a peace
officer and shall be certified by the peace officers standards and training board,
referred to in this article as the "POST board": A chief of police; a police officer; a
sheriff; an undersheriff; a deputy sheriff; a Colorado state patrol officer; a town
marshal; a deputy town marshal; a reserve police officer; a reserve deputy sheriff; a
reserve deputy town marshal; the director of the Colorado bureau of investigation; a
police officer or reserve police officer employed by a state institution of higher
education; a Colorado wildlife officer; a Colorado parks and recreation officer; a
Colorado police administrator or police officer employed by the Colorado mental
health institute at Pueblo; an attorney general criminal investigator; a community
parole officer; a public transit officer; a municipal court marshal; and the
department of corrections inspector general.
Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6. L. 2004:
Entire section amended, p. 1162, § 2, effective May 27. L. 2008: Entire section
amended, p. 85, § 1, effective March 18. L. 2010: Entire section amended, (HB 10-
1422), ch. 419, p. 2069, § 26, effective August 11.
16-2.5-103. Sheriff – undersheriff – certified deputy sheriff –
noncertified deputy sheriff
(1) A sheriff, an undersheriff, and a deputy sheriff are peace officers whose
authority shall include the enforcement of all laws of the state of Colorado. A sheriff
shall be certified by the POST board pursuant to section 30-10-501.6, C.R.S. An
undersheriff and a deputy sheriff shall be certified by the POST board.
(2) A noncertified deputy sheriff or detention officer is a peace officer employed
by a county or city and county whose authority is limited to the duties assigned by
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and while working under the direction of the chief of police, sheriff, an official who
has the duties of a sheriff in a city and county, or chief executive of the employing
law enforcement agency.
Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.
16-2.5-104. Coroner
A coroner is a peace officer while engaged in the performance of his or her duties
whose authority shall be limited pursuant to part 6 of article 10 of title 30, C.R.S.
Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.
16-2.5-105. Police officer
A police officer, including a chief of police employed by a municipality, is a peace
officer whose authority shall include the enforcement of all laws of the state of
Colorado and who shall be certified by the POST board.
Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.
16-2.5-106. Southern Ute Indian police officer
A Southern Ute Indian police officer is a peace officer whose authority shall include
the enforcement of all laws of the state of Colorado and who may be certified by the
POST board.
Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.
16-2.5-107. Ute Mountain Ute Indian police officer
A Ute Mountain Ute Indian police officer is a peace officer whose authority shall
include the enforcement of all laws of the state of Colorado and who may be certified
by the POST board.
Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.
16-2.5-108. Town marshal – deputy
A town marshal or deputy town marshal is a peace officer whose authority shall
include the enforcement of all laws of the state of Colorado and who shall be
certified by the POST board.
Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6.
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16-2.5-109. Fire arson investigator
A fire arson investigator authorized by a unit of local government is a peace officer
while engaged in the performance of his or her duties whose authority shall be
limited to the enforcement of arson and related laws and who may be certified by
the POST board.
Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6. L. 2008:
Entire section amended, p. 703, § 1, effective May 1.
16-2.5-110. Reserve police officer – reserve deputy sheriff – reserve
deputy town marshal – definitions
(1) (a) A reserve police officer, a reserve deputy sheriff, and a reserve
deputy town marshal are reserve officers.
(b) "Reserve officer" means a person authorized by a city, city and county,
town, county, or state institution of higher education within this state to act
as a reserve police officer, reserve deputy sheriff, or reserve town marshal for
certain specific and limited periods of time while the person is authorized to
be on duty and acting at the express direction or under the direct supervision
of a fully POST-certified peace officer pursuant to section 16-2.5- 103, 16-2.5-
105, 16-2.5-108, or 16-2.5-120. A reserve officer is a peace officer while
engaged in the performance of his or her duties whose authority shall be
limited to the authority granted by his or her authorizing agency.
(c) A reserve officer:
(I) Shall obtain reserve certification by the POST board as a
reserve officer; or
(II) May be a fully POST-certified peace officer serving as a
volunteer and may be granted full peace officer status and authority at
the discretion of the appointing authority.
(2) A city, city and county, town, county, or state institution of higher education
assigning duties to a reserve officer beyond those duties included in the POST board
training shall assume the responsibility for ensuring that the reserve officer is
adequately trained for the duties. Any expenses associated with the additional
training shall be authorized by the city, city and county, town, county, or state
institution of higher education. If the jurisdiction allows or requires the reserve
officer to carry or use a firearm while on duty, the reserve officer shall be certified
for firearms proficiency with the same frequency and subject to the same
requirements as a POST-certified peace officer in the jurisdiction. A reserve officer
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who does not comply with the training requirements set forth in this subsection (2)
is not authorized to enforce the laws of the state of Colorado.
(3) (Deleted by amendment, L. 2007, p. 121, § 1, effective August 3, 2007.)
(3.5) If a police chief, sheriff, or town marshal determines that a reserve officer
has been adequately trained to perform a law-enforcement function that the police
chief, sheriff, or town marshal is required to perform, the police chief, sheriff, or
town marshal may allow the reserve officer to perform the function either in
uniform or in civilian clothes, whichever is appropriate.
(4) When performing extradition duties, the reserve officer shall be accompanied
by a POST-certified officer.
(5) A reserve officer may be compensated for his or her time during a declared
emergency or during a time of special need. In all other circumstances, a reserve
officer shall serve without compensation, but may be reimbursed at the discretion of
the city, city and county, town, county, or state institution of higher education
benefitting from the services of the reserve officer for any authorized out-of-pocket
expenses incurred in the course of his or her duties. The city, city and county, town,
county, or state institution of higher education shall pay the cost of workers'
compensation benefits for injuries incurred by a reserve officer while on duty and
while acting within the scope of his or her assigned duties. A reserve officer is an
authorized volunteer for purposes of article 10 of title 24, C.R.S.
(6) For the purposes of this section:
(a) "Direct supervision" means an assignment given by a fully POST-
certified peace officer to a reserve officer, which assignment is carried out in
the personal presence of, or in direct radio or telephone contact with, and
under the immediate control of, the fully POST-certified peace officer.
(b) "Express direction" means a defined, task-specific assignment given by
a fully POST-certified peace officer to a reserve officer. The fully POST-
certified peace officer need not be present while the reserve officer
carries out the assignment.
(7) For the purposes of this section, a person serving as a citizen auxiliary is not
a peace officer and the POST board shall not require the person to be certified.
Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6. L. 2004: (3),
(4), and (6) amended and (3.5) added, p. 678, § 1, effective August 4. L. 2007: (1), (3),
and (6) amended, p. 121, § 1, effective August 3. L. 2008: (1)(b), (2), and (5)
amended, p. 85, § 2, effective March 18.
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16-2.5-111. Executive director of the department of public safety -
deputy executive director of the department of public safety -
director of the division of criminal justice in the department of
public safety
The executive director and deputy executive director of the department of public
safety and the director of the division of criminal justice in the department of public
safety are peace officers whose authority shall include the enforcement of all laws of
the state of Colorado and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1608, § 2, effective August 6. L. 2012:
Entire section amended, (HB12-1079), ch. 21, p. 56, § 1, effective March 16.
16-2.5-112. Director of the division of homeland security and
emergency management
The director of the division of homeland security and emergency management in the
department of public safety is a peace officer whose authority includes the
enforcement of all laws of the state of Colorado and who may be certified by the
POST board.
Source: L. 2003: Entire article added, p. 1608, § 2, effective August 6. L. 2012:
Entire section amended, (HB 12-1283), ch. 240, p. 1132, § 39, effective July 1.
16-2.5-113. Colorado bureau of investigation director – agent
A director of the Colorado bureau of investigation is a peace officer whose authority
shall include the enforcement of all laws of the state of Colorado and who may be
certified by the P.O.S.T. board. A Colorado bureau of investigation agent is a peace
officer whose authority shall include the enforcement of all laws of the state of
Colorado pursuant to section 24-33.5-409, C.R.S., and who may be certified by the
P.O.S.T. board.
Source: L. 2003: Entire article added, p. 1608, § 2, effective August 6.L. 2013:
Entire section amended, (HB 13-1076), ch. 6, p. 16, § 1, effective February 27.
16-2.5-114. Colorado state patrol officer
A Colorado state patrol officer is a peace officer whose authority shall include the
enforcement of all laws of the state of Colorado pursuant to section 24-33.5-212,
C.R.S., and who shall be certified by the POST board.
Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.
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16-2.5-115. Port of entry officer
A port of entry officer is a peace officer while engaged in the performance of his or
her duties whose authority shall be limited pursuant to section 42-8-104, C.R.S.
Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.
16-2.5-116. Colorado wildlife officer – special wildlife officer
(1) A Colorado wildlife officer employed by the Colorado division of parks and
wildlife in the department of natural resources is a peace officer whose authority
shall include the enforcement of all laws of the state of Colorado pursuant to section
33-1-102 (4.3), C.R.S., and who shall be certified by the POST board. Each Colorado
wildlife officer shall be required to complete a minimum of forty hours of continuing
law enforcement education per calendar year, or such number of hours as may
otherwise be required by law.
(2) A special wildlife officer is a peace officer whose authority is limited as
defined by the director of the division of parks and wildlife pursuant to section 33-1-
110 (5), C.R.S.
Source: L. 2003: Entire article added p. 1609, § 2, effective August 6; (2) amended,
p. 1954, § 50, effective August 6.
16-2.5-117. Colorado parks and recreation officer – special parks and
recreation officer
(1) A Colorado parks and recreation officer employed by the Colorado division of
parks and wildlife in the department of natural resources is a peace officer whose
authority shall include the enforcement of all laws of the state of Colorado pursuant
to section 33-10-102 (17), C.R.S., and who shall be certified by the POST board.
Each Colorado parks and recreation officer shall be required to complete a
minimum of forty hours of continuing law enforcement education per calendar year,
or such number of hours as may otherwise be required by law.
(2) A special parks and recreation officer is a peace officer whose authority is
limited as defined by the director of the division of parks and wildlife pursuant to
section 33-10-109 (1) (f), C.R.S.
Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6; (2) amended,
p. 1954, § 51, effective August 6.
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16-2.5-118. Commissioner of agriculture
The commissioner of agriculture or his or her designee is a peace officer while
engaged in the performance of his or her duties whose authority shall be limited
pursuant to the "Farm Products Act", section 12-16-114, C.R.S., the "Commodity
Handler Act", section 12-16-210, C.R.S., the "Animal Protection Act", section 35-42-
107 (4), C.R.S., and the "Pet Animal Care and Facilities Act", section 35-80-109 (6),
C.R.S.
Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.
16-2.5-119. State brand inspector
A state brand inspector is a peace officer while engaged in the performance of his or
her duties whose authority shall be limited pursuant to section 35-53-128, C.R.S.
Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.
16-2.5-120. Colorado state higher education security officer
A Colorado state higher education security officer employed by a state institution of
higher education pursuant to sections 24-7-101 to 24-7-106, C.R.S., is a peace officer
whose authority shall include the enforcement of all laws of the state of Colorado
and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2008:
Entire section amended, p. 86, § 3, effective March 18.
16-2.5-121. Executive director of the department of revenue – senior
director of enforcement for the department of revenue
The executive director and the senior director of enforcement of the department of
revenue are peace officers while engaged in the performance of their duties whose
authority includes the enforcement of laws and rules regarding automobile dealers
pursuant to section 12-6-105 (1) (d) (II), C.R.S., the lottery pursuant to sections 24-
35-205 (3) and 24-35-206 (7), C.R.S., medical marijuana pursuant to article 43.3 of
title 12, C.R.S., limited gaming pursuant to section 12-47.1-204, C.R.S., liquor
pursuant to section 12-47-904 (1), C.R.S., and racing events pursuant to section 12-
60-203 (1), C.R.S., and the enforcement of all laws of the state of Colorado and who
may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2010:
Entire section amended, (HB 10-1284), ch. 355, p. 1685, § 4, effective July 1.
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16-2.5-122. Auto industry investigator
An auto industry investigator is a peace officer while engaged in the performance of
his or her duties whose authority shall be limited to the enforcement of section 12-6-
105 (1) (d) (II), C.R.S.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6.
16-2.5-123. Director of the division of gaming – gaming investigator
The director of the division of gaming in the department of revenue or a gaming
investigator in the department of revenue is a peace officer while engaged in the
performance of his or her duties whose primary authority shall be as stated in
section 12-47.1-204, C.R.S., and shall also include the enforcement of all laws of the
state of Colorado and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6.
16-2.5-124. Liquor enforcement investigator
A liquor enforcement investigator is a peace officer while engaged in the
performance of his or her duties and while acting under proper orders or regulations
whose primary authority shall be as stated in sections 12-47-904 (1) and 24-35-504,
C.R.S., and shall also include the enforcement of all laws of the state of Colorado
and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6.
16-2.5-124.5. Director of marijuana enforcement and marijuana
enforcement investigator
The director of the marijuana enforcement division or a marijuana enforcement
investigator is a peace officer while engaged in the performance of his or her duties
and while acting under proper orders or rules pursuant to article 43.3 or 43.4 of title
12, C.R.S., and shall also include the enforcement of all laws of the state of Colorado
and who may be certified by the P.O.S.T. board.
Source: L. 2010: Entire section added, (HB 10-1284), ch. 355, p. 1685, § 5, effective
July 1.L. 2013: Entire section amended, (HB 13-1317), ch. 329, p. 1864, § 6, effective
May 28.
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16-2.5-125. State lottery investigator
A state lottery investigator is a peace officer while engaged in the performance of
his or her duties whose primary authority shall be as stated in sections 24-35-205
(3) and 24-35-206 (7), C.R.S., and shall also include the enforcement of all laws of
the state of Colorado and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6.
16-2.5-126. Director of racing events – racing events supervisor –
racing events investigator
The director of racing events, a racing events supervisor, and a racing events
investigator are peace officers while engaged in the performance of their duties
whose primary authority shall be as stated in section 12-60-203 (1), C.R.S., and
shall also include the enforcement of all laws of the state of Colorado and who may
be certified by the POST board.
Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6.
16-2.5-127. State student loan investigator
A state student loan investigator is a peace officer while engaged in the
performance of his or her duties whose authority shall be limited pursuant to
section 23-3.1-104 (2) (q), C.R.S.
Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.
16-2.5-128. Colorado attorney general - chief deputy attorney general
- solicitor general - assistant solicitor general - deputy attorney
general - assistant attorney general of criminal enforcement -
assistant attorney general and employee as designated
The attorney general, chief deputy attorney general, solicitor general, assistant
solicitors general, deputy attorneys general, assistant attorneys general of criminal
enforcement, and certain other assistant attorneys general and employees of the
department of law who are designated by the attorney general are peace officers
whose authority shall include the enforcement of all laws of the state of Colorado
and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6. L. 2011:
Entire section amended, (SB 11-020), ch. 39, p. 105, § 1, effective March 21.
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16-2.5-129. Attorney general criminal investigator
An attorney general criminal investigator is a peace officer whose authority shall
include the enforcement of all laws of the state of Colorado and who shall be
certified by the POST board.
Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.
16-2.5-130. POST director – POST board investigator
The director of the POST board and a POST board investigator are peace officers
while engaged in the performance of their duties whose primary authority shall
include the enforcement of laws and rules pertaining to the training and
certification of peace officers and shall include the enforcement of all laws of the
state of Colorado and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.
16-2.5-131. Chief security officer for the general assembly
The chief security officer for the general assembly is a peace officer while engaged in
the performance of his or her duties whose authority shall be limited pursuant to
section 2-2-402, C.R.S.
Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.
16-2.5-132. District attorney - assistant district attorney - chief
deputy district attorney - deputy district attorney - special deputy
district attorney - special prosecutor
A district attorney, an assistant district attorney, a chief deputy district attorney, a
deputy district attorney, a special deputy district attorney, and a special prosecutor
are peace officers whose authority shall include the enforcement of all laws of the
state of Colorado and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.
16-2.5-133. District attorney chief investigator – district attorney
investigator
A district attorney chief investigator and a district attorney investigator are peace
officers whose authority shall include the enforcement of all laws of the state of
Colorado and who may be certified by the POST board.
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Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.
16-2.5-134. Department of corrections inspector general –
department of corrections investigator
The department of corrections inspector general and a department of corrections
investigator are peace officers whose authority shall be pursuant to section 17-1-
103.8, C.R.S., and whose authority shall include the enforcement of all the laws of
the state of Colorado. A department of corrections investigator may be certified by
the POST board. The inspector general shall be certified by the POST board.
Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.
16-2.5-135. Executive director of the department of corrections –
warden – corrections officer
The executive director of the department of corrections, a warden, a corrections
officer employed by the department of corrections, or other department of
corrections employee assigned by the executive director, is a peace officer while
engaged in the performance of his or her duties pursuant to title 17, C.R.S., whose
primary authority is the supervision of persons in the custody or confinement
of the department of corrections and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.
16-2.5-136. Community parole officer
A community parole officer employed by the department of corrections is
responsible for supervising offenders in the community and supporting the division
of adult parole in providing assistance to parolees to secure employment, housing,
and other services to support their successful reintegration into the community
while recognizing the need for public safety. A community parole officer is a peace
officer whose authority shall be pursuant to section 17-27-105.5, C.R.S., and whose
authority shall include the enforcement of all laws of the state of Colorado, and who
shall be certified by the POST board.
Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6. L. 2010:
Entire section amended, (HB 10-1360), ch. 263, p. 1193, § 1, effective May 25.
16-2.5-137. Adult probation officer
An adult probation officer is a peace officer while engaged in the performance of his
or her duties whose authority shall be limited pursuant to part 2 of article 11 of this
title.
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Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.
16-2.5-138. Juvenile probation officer – juvenile parole officer
A juvenile probation officer and a juvenile parole officer are peace officers while
engaged in the performance of their duties whose authority shall be limited
pursuant to sections 19-2-926 and 19-2-1003, C.R.S.
Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.
16-2.5-139. Police administrator – police officer employed by the
Colorado mental health institute at Pueblo
A police administrator and a police officer employed by the Colorado mental health
institute at Pueblo are peace officers whose authority shall include the enforcement
of all laws of the state of Colorado pursuant to article 7 or title 24, C.R.S., and who
shall be certified by the POST board. Each police administrator or police officer
employed by the Colorado mental health institute at Pueblo shall complete a
minimum of forty hours of continuing law enforcement education per calendar year,
or such number of hours as may otherwise be required by law.
Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6. L. 2009:
Entire section amended, (SB 09-097), ch. 110, p. 456, § 1, effective August 5.
16-2.5-140. Correctional security officer employed by the Colorado
mental health institute at Pueblo
A correctional security officer employed by the Colorado mental health institute at
Pueblo is a peace officer while engaged in the performance of his or her duties as
provided in article 7 of title 24, C.R.S., and whose authority shall include the
enforcement of all laws of the state of Colorado, and who may be certified by the
P.O.S.T. board.
Source: L. 2003: Entire article added, p. 1612, 2, effective August 6. L. 2009:
Entire section amended, (SB 09-097), ch. 110, p. 456, 2, effective August 5.
16-2.5-141. Colorado state security guard
A Colorado state security guard is a peace officer while engaged in the performance
of his or her duties pursuant to article 7 of title 24, C.R.S., whose authority shall be
limited to the scope and authority of his or her assigned duties and who may be
certified by the POST board.
Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6. L. 2009:
Entire section amended, (SB 09-097), ch. 110, p. 456, § 3, effective August 5.
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16-2.5-142. Railroad peace officer
A railroad peace officer is a peace officer while engaged in the performance of his or
her duties whose authority shall be limited pursuant to section 40-32-104.5, C.R.S.,
and who may be certified by the POST board.
Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6.
16-2.5-143. Public utilities commission member
A public utilities commission member is a peace officer while engaged in the
performance of his or her duties whose authority shall be limited pursuant to
articles 1 to 17 of title 40, C.R.S.
Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6.
16-2.5-144. Colorado National Guardsman
A Colorado National Guardsman is a peace officer while acting under call of the
governor in cases of emergency or civil disorder. His or her authority shall be
limited to the period of call-up specified by the governor and shall be exercised only
if the executive order of the governor calling the National Guard to state duty
specifies that enforcement of the laws of the state of Colorado is a purpose for the
call-up.
Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6.
16-2.5-145. Municipal court marshal
A municipal court marshal who is employed by a municipality and is specifically
designated a peace officer by the municipality is a peace officer while engaged in the
performance of his or her duties. The authority of such a municipal court marshal
shall be limited to providing security for the municipal court, transporting,
detaining, and maintaining control over prisoners, executing all arrest warrants
within the municipal court and its grounds, executing municipal court arrest
warrants within the municipal limits, and serving legal process issued by the
municipal court within the municipal limits. A municipal court marshal shall be
certified by the POST board.
Source: L. 2004: Entire section added, p. 414, § 1, effective April 12. L. 2006:
Entire section amended, p. 27, § 2, effective July 1, 2007.
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16-2.5-146. Public transit officer – definitions
(1) A public transit officer who is employed by a public transportation entity, as
defined in section 42-4-1416 (5) (b), C.R.S., and is specifically designated a peace
officer by the public transportation entity is a peace officer while engaged in the
performance of his or her duties. A public transit officer's authority shall be limited
to the enforcement of all laws of the state of Colorado and the provision of security
for passengers, employees, and property of the public transportation entity on
public transportation vehicles, as defined in section 42-4-1416 (5) (c), C.R.S., and at
public transportation facilities. A public transit officer's authority shall include the
power of arrest based upon probable cause while engaged in the performance of his
or her duties. A public transit officer shall be certified by the POST board.
(2) As used in this section, "public transportation facilities" means any movable
or fixed facility operated by a transit authority and used primarily for mass
transportation purposes, including but not limited to fixed guideway systems,
parking lots, parking buildings, bus stops, transit stations, garages, and offices.
Source: L. 2004: Entire section added, p. 1162, § 1, effective May 27. L. 2006: (1)
amended, p. 28, § 3, effective July 1, 2007. L. 2012: (1) amended, (SB 12-044), ch.
274, p. 1449, § 5, effective June 8.
16.2.5-147. Federal special agents
(1) A special agent of the federal bureau of investigation or the United States
bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy
United States marshal, or an officer of the federal protective service of the United
States department of homeland security immigration and customs enforcement, in
any jurisdiction within the state of Colorado, is a peace officer whose authority is
limited as provided in this section. The special agent, deputy or special deputy, or
officer is authorized to act in the following circumstances:
(a) The special agent, deputy or special deputy, or officer is:
(I) Responding to a nonfederal felony or misdemeanor that has
been committed in the presence of the special agent, deputy or special
deputy, or officer;
(II) Responding to an emergency situation in which the special
agent, deputy or officer has probable cause to believe that a
nonfederal felony or misdemeanor involving injury or threat of injury
to a person or property has been, or is being, committed and immediate
action is required to prevent escape, serious bodily injury, or
destruction of property;
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(III) Rendering assistance at the request of a Colorado peace officer;
or
(IV) Effecting an arrest or providing assistance as part of a bona fide
task force or joint investigation with Colorado peace officers; and
(b) The agent, deputy or special deputy, or officer acts in accordance with
the rules and regulations of his or her employing agency.
(2) A special agent of the federal bureau of investigation or the United States
bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy
United States marshal, or an officer of the federal protective service of the United
States department of homeland security immigration and customs enforcement is a
person who is employed by the United States government, assigned to the federal
bureau of investigation, the United States bureau of alcohol, tobacco, firearms, and
explosives, the United States marshal service, or the federal protective service of
the United States department of homeland security immigration and customs
enforcement, empowered to effect an arrest with or without a warrant for violations
of the United States code, and authorized to carry a firearm and use deadly force in
the performance of the special agent's, deputy's or special deputy's, or officer's
official duties as a federal law enforcement officer.
(3) Upon effecting an arrest under the authority of this section, a special agent of
the federal bureau of investigation or the United States bureau of alcohol, tobacco,
firearms, and explosives, a deputy or special deputy United States marshal, or an
officer of the federal protective service of the United States department of homeland
security immigration and customs enforcement shall immediately surrender
custody of the arrested individual to a Colorado peace officer.
(4) This section does not impose liability on or require indemnification or create
a waiver of sovereign immunity by the state of Colorado for any action performed
under this section by a special agent of the federal bureau of investigation or the
United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or
special deputy United States marshal, or an officer of the federal protective service
of the United States department of homeland security immigration and customs
enforcement.
(5) Nothing in this section shall be construed to expand the authority of federal
law enforcement officers to initiate or conduct an independent investigation into
violations of Colorado law.
Source: L. 2006: Entire section added, p. 126, § 1, effective March 27. L. 2008:
Entire section amended, p. 701, § 1, effective August 5. L. 2011: Entire section
amended, (HB 11-1073), ch. 32, p. 90, § 1, effective August 10.
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16-2.5-148. Colorado state higher education police officer
A Colorado state higher education police officer employed by a state institution of
higher education pursuant to article 7.5 of title 24, C.R.S., is a peace officer whose
authority shall include the enforcement of all laws of the state of Colorado and who
shall be certified by the POST board.
Source: L. 2008: Entire section added, p. 86, § 4, effective March 18. L. 2009:
Entire section amended, (SB 09-097), ch. 110, p. 457, § 4, effective August 5.
16-2.5-149. City attorney - town attorney - senior assistant city
attorney - assistant city attorney - chief deputy city attorney - deputy
city attorney - special deputy city attorney - prosecuting attorney -
senior prosecuting attorney - senior prosecutor - special prosecutor
(1) A city attorney, town attorney, senior assistant city attorney, assistant city
attorney, chief deputy city attorney, deputy city attorney, special deputy city
attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or
special prosecutor employed or contracted by a municipality, city, town, statutory
city or town, or city and county is a peace officer only while engaged in the
performance of his or her duties as a prosecutor. Such peace officer's authority shall
include the enforcement of all laws of the municipality, city, town, statutory city or
town, or city and county and the state of Colorado, and the peace officer may be
certified by the POST board.
(2) Notwithstanding the provisions of subsection (1) of this section, the peace
officer status conferred by subsection (1) of this section shall not be available to an
attorney specified in subsection (1) of this section who chooses to practice as a
criminal defense attorney in the state of Colorado while also working as a
prosecuting attorney or an attorney who contracts with a municipality, city, town,
statutory city or town, or city and county, local government to serve as a city
attorney, town attorney, senior assistant city attorney, assistant city attorney, chief
deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting
attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor on a
less than a full-time basis.
Source: L. 2012: Entire section added, (HB 12-1026), ch. 76, p. 256, § 1, effective
April 6.
16-2.5-150. Fort Carson police officers
A Fort Carson police officer is a peace officer while engaged in the performance of
his or her duties. Fort Carson police officers are employed by the Fort Carson police,
a federal civilian law enforcement agency within the state of Colorado. A Fort
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Carson police officer's authority includes enforcing all the laws of the constitution of
the United States, the United States code, the "Uniform Code of Military Justice",
10 U.S.C. chapter 47, and the laws of the state of Colorado within the jurisdiction
and properties of Fort Carson and the Piñon Canyon maneuver site, including all
fixed and mobile properties of Fort Carson and the Piñon Canyon maneuver site. A
Fort Carson police officer may be P.O.S.T. certified.
Source: L. 2013: Entire section added, (SB 13-005), ch. 109, p. 377, § 1, effective
August 7.
16-2.5-151. Federal secret service agents
(1) A special agent, uniform division officer, physical security technician,
physical security specialist, or special officer of the United States secret service,
referred to in this section as a "secret service agent", in any jurisdiction within the
state of Colorado, is a peace officer whose authority is limited as provided in this
section. The secret service agent is a peace officer in the following circumstances:
(a) (I) Responding to a nonfederal felony or misdemeanor that has
been committed in his or her presence;
(II) Responding to an emergency situation in which he or she has
probable cause to believe that a nonfederal felony or misdemeanor
involving injury or threat of injury to a person or property has been, or
is being, committed and immediate action is required to prevent
escape, serious bodily injury, or destruction of property;
(III) Rendering assistance at the request of a Colorado peace officer;
or
(IV) Effecting an arrest or providing assistance as part of a bona fide
task force or joint investigation with Colorado peace officers; and
(b) The secret service agent acts in accordance with the rules and
regulations of his or her employing agency.
(2) A secret service agent is a person who is employed by the United States
government, assigned to the United States secret service, empowered to effect an
arrest with or without a warrant for violations of the United States code, and
authorized to carry a firearm and use deadly force in the performance of his or her
duties as a federal law enforcement officer.
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(3) Upon effecting an arrest under the authority of this section, a secret service
agent shall immediately surrender custody of the arrested individual to a Colorado
peace officer.
(4) This section does not impose liability on or require indemnification or create
a waiver of sovereign immunity by the state of Colorado for any action performed
under this section by a secret service agent.
(5) Nothing in this section shall be construed to expand the authority of federal
law enforcement officers to initiate or conduct an independent investigation into
violations of Colorado law.
Source: L. 2013: Entire section added, (SB 13-013), ch. 126, p. 424, § 1, effective
April 19.
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TITLE 16 – Criminal Proceedings
ARTICLE 2.5 – Peace Officers
Part 2 – Sunrise Review of Peace Officer Status
16-2.5-201. General assembly sunrise review of groups seeking
statutory peace officer status
(1) The general assembly finds that it is necessary to ensure that clear
standards exist for obtaining peace officer status in the state of Colorado. The
general assembly further finds it made statutory changes in 2003 to end the
stratification of peace officers and ensure all peace officers receive a consistent level
of statutory protection. The general assembly therefore declares, in order to
maintain clear standards and consistent statutory protections for peace officers, it is
necessary for the POST board to review a group that seeks peace officer status
either for the group or for a specific position, prior to the group seeking
authorization from the general assembly for the status.
(2) No later than July 1 of any year, a group, or political subdivision of the state
that seeks peace officer status either for the group or for a specific position, shall
submit to the POST board, for its review, a proposal containing the following
information:
(a) A complete description of the position or a description of the group
proposed for peace officer status and an estimate of the number of persons
who hold the position or are in the group;
(b) A description of the specific need for the authority and protections
required for the position or group;
(c) The benefit to the public that would result from granting the status;
(d) The costs associated with granting the status; and
(e) A resolution or letter of support for proposed change in status from the
chief executive officer of the unit of government or political subdivision
employing the group or overseeing the proposed position.
(3) After receiving the information specified in subsection (2) of this section, the
POST board shall prepare an analysis, evaluation, and recommendation of the
proposed status. The analysis, evaluation, and recommendation shall be based upon
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criteria established by the POST board in rules adopted pursuant to section 16-2.5-
203.
(4) (a) The POST board shall conduct a hearing with the group seeking peace
officer status for the group or for a specific position.
(b) At the hearing, the determination as to whether peace officer status is
needed shall be based upon the criteria contained in the POST board rules.
(5) After the hearing, the POST board shall submit a report to the group seeking
peace officer status for the group or specific position and to the judiciary committees
of the house of representatives and the senate no later than October 15 of the year
following the year in which the proposal was submitted.
(6) The group seeking peace officer status for the group or specific position may
request members of the general assembly to present appropriate legislation to the
general assembly during each of the two regular sessions that immediately succeed
the date of the report required pursuant to subsection (2) of this section without
having to comply again with the provisions of subsections (2) and (4) of this section.
Bills introduced pursuant to this subsection (6) shall count against the number of
bills to which members of the general assembly are limited by joint rule of the
senate and the house of representatives. The general assembly shall not consider
peace officer status of more than five positions or groups in any one session of the
general assembly.
(7) This section is exempt from the provisions of section 24-1-136 (11), C.R.S.,
and the periodic reporting requirement of that section shall remain in effect until
changed by the general assembly acting by bill.
Source: L. 2004: Entire part added, p. 1896, § 1, effective June 4.
16-2.5-202. POST board review of peace officer status
(1) For a position, group, or political subdivision that received peace officer
status after July 1, 2003, and did not go through the process described in section 16-
2.5-201, the POST board shall review the peace officer authority of the position,
group, or political subdivision.
(2) The POST board shall require the group that received the peace officer status
or the group or political subdivision that oversees a position that received peace
officer status to submit to the POST board the information required in section 16-
2.5-201 (2).
(3) After receiving the information, the POST board shall prepare an analysis,
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evaluation, and recommendation of the peace officer status. The analysis,
evaluation, and recommendation shall be based upon the criteria established in
POST board rule.
(4) The POST board shall conduct a hearing concerning peace officer status for
the group or the specific position, pursuant to the provisions of section 16-2.5-201
(4).
(5) The POST board shall submit a report to the group or political subdivision
seeking to retain peace officer status, either for the group or for a specific position,
and to the judiciary committees of the house of representatives and the senate no
later than October 15 of the year following the year in which the POST board began
the review. The report may include legislative recommendations.
Source: L. 2004: Entire part added, p. 1898, § 1, effective June 4.
16-2.5-203. Rules
Pursuant to article 4 of title 24, C.R.S., the POST board shall promulgate rules
establishing the criteria that shall be applied in determining whether to recommend
peace officer status for a group or specific position as provided in section 16-2.5-201
(4).
Source: L. 2004: Entire part added, p. 1898, § 1, effective June 4.
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TITLE 18 – Criminal Code
ARTICLE 1 - Provisions Applicable to Offenses Generally
PART 7 - Justification and Exemptions from Criminal
Responsibility
18-1-707. Use of physical force in making an arrest or in preventing
an escape - definitions
(1) Except as provided in subsections (2) and (2.5) of this section, a peace officer
is justified in using reasonable and appropriate physical force upon another person
when and to the extent that he reasonably believes it necessary:
(a) To effect an arrest or to prevent the escape from custody of an arrested
person unless he knows that the arrest is unauthorized; or
(b) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while effecting or attempting
to effect such an arrest or while preventing or attempting to prevent such an
escape.
(2) A peace officer is justified in using deadly physical force upon another person
for a purpose specified in subsection (1) of this section only when he reasonably
believes that it is necessary:
(a) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of deadly physical force; or
(b) To effect an arrest, or to prevent the escape from custody, of a person
whom he reasonably believes:
(I) Has committed or attempted to commit a felony involving the
use or threatened use of a deadly weapon; or
(II) Is attempting to escape by the use of a deadly weapon; or
(III) Otherwise indicates, except through a motor vehicle violation,
that he is likely to endanger human life or to inflict serious bodily
injury to another unless apprehended without delay.
(2.5) (a) A peace officer is justified in using a chokehold upon another
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person for the purposes specified in subsection (1) of this section only when
he or she reasonably believes that it is necessary:
(I) To defend himself or herself or a third person from what he or
she reasonably believes to be the use or imminent use of deadly
physical force or infliction of bodily injury; or
(II) To effect an arrest, or to prevent the escape from custody, of a
person whom he or she reasonably believes:
(A) Has committed or attempted to commit a felony involving
or threatening the use of a deadly weapon; or
(B) Is attempting to escape by the use of physical force; or
(C) Indicates, except through a motor vehicle, that he or she
is likely to endanger human life or to inflict serious bodily injury
to another unless he or she is apprehended without delay.
(b) For the purposes of this subsection (2.5), "chokehold" means a method
by which a person holds another person by putting his or her arm around the
other person's neck with sufficient pressure to make breathing difficult or
impossible and includes, but is not limited to, any pressure to the throat or
windpipe, which may prevent or hinder breathing or reduce intake of air.
(3) Nothing in subsection (2) (b) or subsection (2.5) of this section shall be
deemed to constitute justification for reckless or criminally negligent conduct by a
peace officer amounting to an offense against or with respect to innocent persons
whom he is not seeking to arrest or retain in custody.
(4) For purposes of this section, a reasonable belief that a person has committed
an offense means a reasonable belief in facts or circumstances that if true would in
law constitute an offense. If the believed facts or circumstances would not in law
constitute an offense, an erroneous though not unreasonable belief that the law is
otherwise does not render justifiable the use of force to make an arrest or to prevent
an escape from custody. A peace officer who is effecting an arrest pursuant to a
warrant is justified in using the physical force prescribed in subsections (1), (2), and
(2.5) of this section unless the warrant is invalid and is known by the officer to be
invalid.
(5) Except as provided in subsection (6) of this section, a person who has been
directed by a peace officer to assist him to effect an arrest or to prevent an escape
from custody is justified in using reasonable and appropriate physical force when
and to the extent that he reasonably believes that force to be necessary to carry out
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the peace officer's direction, unless he knows that the arrest or prospective arrest is
not authorized.
(6) A person who has been directed to assist a peace officer under circumstances
specified in subsection (5) of this section may use deadly physical force to effect an
arrest or to prevent an escape only when:
(a) He reasonably believes that force to be necessary to defend himself or a
third person from what he reasonably believes to be the use or imminent use
of deadly physical force; or
(b) He is directed or authorized by the peace officer to use deadly physical
force and does not know, if that happens to be the case, that the peace officer
himself is not authorized to use deadly physical force under the
circumstances.
(7) A private person acting on his own account is justified in using reasonable
and appropriate physical force upon another person when and to the extent that he
reasonably believes it necessary to effect an arrest, or to prevent the escape from
custody of an arrested person who has committed an offense in his presence; but he
is justified in using deadly physical force for the purpose only when he reasonably
believes it necessary to defend himself or a third person from what he reasonably
believes to be the use or imminent use of deadly physical force.
(8) A guard or peace officer employed in a detention facility is justified:
(a) In using deadly physical force when he reasonably believes it necessary
to prevent the escape of a prisoner convicted of, charged with, or held for a
felony or confined under the maximum security rules of any detention facility
as such facility is defined in subsection (9) of this section;
(b) In using reasonable and appropriate physical force, but not deadly
physical force, in all other circumstances when and to the extent that he
reasonably believes it necessary to prevent what he reasonably believes to be
the escape of a prisoner from a detention facility.
(9) "Detention facility" as used in subsection (8) of this section means any place
maintained for the confinement, pursuant to law, of persons charged with or
convicted of an offense, held pursuant to the "Colorado Children's Code", held for
extradition, or otherwise confined pursuant to an order of a court.
HISTORY: Source: L. 71: R&RE, p. 410, § 1. C.R.S. 1963: § 40-1-807.L. 75: (2)(b)
R&RE, p. 616, § 2, effective July 21.L. 2016: IP(1), (3), and (4) amended and (2.5)
added, (HB 16-1264), ch. 341, p. 1390, § 1, effective July 1.
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Editor's note: Section 2 of chapter 341 (HB 16-1264), Session Laws of Colorado
2016, provides that changes to this section by the act apply to offenses committed on
or after July 1, 2016.
Cross references: For the "Colorado Children's Code", see title 19.
ANNOTATION
Law reviews. For article, "Self-Defense in Colorado", see 24 Colo. Law. 2717 (1995).
For article, "Constitutional Issues in the Criminal Prosecution of Law Enforcement
Officers", see 33 Colo. Law. 55 (March 2004). For article, "Police Use of Force
Standards Under Colorado and Federal Law", see 36 Colo. Law. 47 (May 2007).
Annotator's note. Since § 18-1-707 is similar to former § 40-2-16, C.R.S. 1963, and
laws antecedent thereto, relevant cases construing those provisions have been
included in the annotations to this section.
Officer may use reasonable force to protect himself or detain offender. An
officer who is making a lawful arrest, or has made an arrest, is justified in using
such force as is reasonably necessary to secure and detain the offender, overcome
his resistance, prevent his escape, recapture him if he escapes, and to protect
himself from bodily harm; but he is never justified in using unnecessary force or
treating his prisoner with wanton violence, or in resorting to dangerous means
when the arrest could be effected otherwise. People ex rel. Little v. Hutchinson, 9
F.2d 275 (8th Cir. 1925).
Officer cannot use excessive force in making an arrest or bringing one into
submission. McDaniel v. People, 179 Colo. 153, 499 P.2d 613, cert. denied, 409
U.S. 1060, 93 S. Ct. 558, 34 L. Ed. 2d 512 (1972).
Officer is not required to retreat. A police officer who is assaulted by one whom
he is lawfully attempting to arrest is not required to retreat to the wall before
resorting to such defensive measures as may reasonably seem necessary to protect
himself against loss of life or great bodily injury. Boykin v. People, 22 Colo. 496, 45
P. 419 (1896).
Authority to take life based on apparent necessity. This section does not
clothe an officer with authority to judge arbitrarily that it is necessary to take life in
order to prevent the rescue of his prisoner. He is not warranted in taking life unless
there is an apparent necessity for it and if he does so he is not permitted to take
shelter behind his official character. Campbell v. People, 55 Colo. 302, 133 P. 1043
(1913).
Use of force is ordinarily a question for jury. An officer who intentionally uses
more force than is reasonably necessary in making an arrest is oppressively
discharging the duties of his office. What amounts to reasonable force depends upon
the facts of each particular case and is ordinarily a question of fact for the jury.
People ex rel. Little v. Hutchinson, 9 F.2d 275 (8th Cir. 1925); People v. Fuller, 756
P.2d 390 (Colo. App. 1987), aff'd in part and rev'd in part on other grounds, 781 P.2d
647 (Colo. 1989).
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The question of the absence or existence of the necessity to take the life of
a prisoner is finally for the jury. Campbell v. People, 55 Colo. 302, 133 P. 1043
(1913).
Police officer's actions were not within section. Where complaining witness
remarked that the police officer was "some kind of a pig" when the officer twice
refused to tell the complaining witness why he was being arrested and the officer
reacted by pulling his revolver on the complaining witness, the officer's actions were
not within the statute authorizing the use of deadly physical force. Johns v. District
Court, 192 Colo. 462, 561 P.2d 1 (1977). Before a private person can use physical
force to effect an arrest pursuant to subsection (7), the arrest must first be
authorized under § 16-3-201. People v. Joyce, 68 P.3d 521 (Colo. App. 2002).
In addition, the person on whom physical force is used under subsection (7) must
have either committed a crime in the presence of or attempted escape from custody
in the presence of the person using the physical force. People v. Joyce, 68 P.3d 521
(Colo. App. 2002).
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TITLE 18 – Criminal Code
ARTICLE 5 – Offenses Involving Fraud
PART 1 – Forgery, Simulation, Impersonation, and Related
Offenses
18-5-114. Offering a false instrument for recording
(1) A person commits offering a false instrument for recording in the first degree
if, knowing that a written instrument relating to or affecting real or personal
property or directly affecting contractual relationships contains a material false
statement or material false information, and with intent to defraud, he presents or
offers it to a public office or a public employee, with the knowledge or belief that it
will be registered, filed, or recorded or become a part of the records of that public
office or public employee.
(2) Offering a false instrument for recording in the first degree is a class 5 felony.
(3) A person commits offering a false instrument for recording in the second
degree if, knowing that a written instrument relating to or affecting real or personal
property or directly affecting contractual relationships contains a material false
statement or material false information, he presents or offers it to a public office or
a public employee, with the knowledge or belief that it will be registered, filed, or
recorded or become a part of the records of that public office or public employee.
(4) Offering a false instrument for recording in the second degree is a class 1
misdemeanor.
Source: L. 71: R&RE, p. 437, § 1. C.R.S. 1963: § 40-5-114. L. 80: Entire section
amended, p. 536, § 1, effective April 13.
ANNOTATION
Comparison with section 18-8-114. Abuse of public records under § 18-8-114 was
not meant to cover the offense of offering a false instrument for recording under this
section. People v. Trujillo, 189 Colo. 23, 536 P.2d 46 (1975).
Information charging this offense must set forth alleged false statements,
either verbatim or in substance. People v. Fueston, 717 P.2d 978 (Colo. App. 1985),
aff'd in part and rev'd in part on other grounds, 749 P.2d 952 (Colo. 1988).
Offering a false instrument for recording in the second degree is a lesser
included offense of offering a false instrument for recording in the first degree.
People v. Freda, 817 P.2d 588 (Colo. App. 1991).
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The use of an intermediary to file a false statement with a public office
will not insulate a person from liability. Because there was evidence that
defendant directed that medicaid billings be prepared with false information and
that the defendant had knowledge that these forms would be submitted to the
medicaid office, the trial court did not err in finding that there was sufficient
evidence that the defendant "offered or presented" the billings. People v. Freda, 817
P.2d 588 (Colo. App. 1991).
Applied in People v. Swearingen, 649 P.2d 1102 (Colo. 1982), People v. Norman,
703 P.2d 1261 (Colo. 1985).
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TITLE 18 – Criminal Code
ARTICLE 8 – Offenses – Governmental Operations
PART 1 – Obstruction of Public Justice
18-8-112. Impersonating a peace officer
(1) A person who falsely pretends to be a peace officer and performs an act in
that pretended capacity commits impersonating a peace officer.
(2) Impersonating a peace officer is a class 6 felony.
Source: L. 71: R&RE, p. 456, § 1. C.R.S. 1963: § 40-8-112. L. 2003: Entire section
amended, p. 1383, § 1, effective May 1. L. 2004: Entire section amended, p. 1080, §
1, effective July 1.
ANNOTATION
Law reviews. For article, "Mens Rea and the Colorado Criminal Code", see 52 U.
Colo. L. Rev. 167 (1981).
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TITLE 24 – Government – State
ARTICLE 7 – State Security Officers
24-7-100.2. Legislative declaration
(1) The general assembly hereby finds that the efforts of security officers
employed by institutions of higher education to protect the persons and property of
their environments are important elements of effective public safety management.
(2) The general assembly acknowledges the operational and environmental
acumen of security officers of institutions of higher education regarding their
facilities and the importance of including representatives of the institutions in
emergency preparedness planning and training efforts conducted by local law
enforcement agencies and emergency planning agencies intended to reduce the
likelihood of, and develop effective responses to, emergency situations occurring at
their facilities.
(3) The general assembly hereby encourages ongoing cooperation efforts among
local law enforcement agencies, emergency planning agencies, and the security
officers of institutions of higher education regarding emergency preparedness and
response planning and training and development of communication capabilities
supporting effective coordination among these groups during emergencies.
Source: L. 2008: Entire section added, p. 87, § 5, effective March 18.
Cross references: For elections, see title 1; for peace officers and firefighters, see
article 5 of title 29; for state engineer, see article 80 of title 37; for state chemist, see
part 4 of article 1 of title 25; for offenses against government, see article 8 of title
18; for the "Uniform Records Retention Act", see article 17 of title 6.
24-7-101. State Institutions authorized to employ security officers
The institutions, agencies, and departments of state government, including any
institution of higher education, are hereby authorized to employ security officers to
protect the property of the institution, agency, or department employing the officer
and to perform other police, security, and administrative functions as may be
deemed necessary.
Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-1. L. 2008: Entire section amended,
p. 87, § 6, effective March 18.
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24-7-102. Supervision and control
The security officers employed pursuant to this article shall be under the control
and supervision of the governing authority or head of the employing state
institution. The governing authorities or heads of the state institutions, agencies,
and departments shall provide appropriate credentials for the officers. The
employing institution, department, or agency may permit its security officers that
have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., to
hold and receive such other law enforcement commissions or appointments as are
appropriate to carry out their duties.
Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-2. L. 2008: Entire section amended,
p. 87, § 7, effective March 18.
24-7-103. Powers conferred
(1) Security officers employed and commissioned pursuant to this article that
have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., when
operating on state owned or leased property, are hereby granted all the powers
conferred by law upon peace officers to carry weapons and to make arrests.
(2) When not on state owned or leased property, security officers employed and
commissioned pursuant to this article shall not have any authority not possessed by
private citizens to arrest, investigate, or carry weapons. This subsection (2) shall
not apply to peace officers as described in section 16-2.5-101, C.R.S.
Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-3. L. 2002: Entire section amended,
p. 840, § 2, effective May 30. L. 2003: (2) amended, p. 1622, § 38, effective August 6.
L. 2008: (1) amended, p. 87, § 8, effective March 18.
24-7-104. State property not exempt from local law enforcement
Nothing in this article shall be construed to exempt state property from the
authority of law enforcement agencies within whose jurisdiction the state property
is located; except that representatives of the law enforcement agencies shall
coordinate their official actions on state property with the appropriate security
officers or police officers, except when emergency circumstances preclude such
coordination.
Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-4. L. 2008: Entire section amended,
p. 88, § 9, effective March 18.
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24-7-105. Officers’ qualifications
Security officers shall be at least twenty-one years of age and shall possess such
other qualifications as may be specified by the state personnel director, including
continuing training as may be prescribed by the said director.
Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-5. L. 94: Entire section amended, p.
1731, § 10, effective May 31.
Cross references: For provisions concerning the Colorado law enforcement
training academy, see part 3 of article 33.5 of this title.
24-7-106. Peace officers standards and training board evaluation and
recommendation – legislative authorization of peace officer status
required
Notwithstanding other provisions of this article, a person or group of persons
employed as security officers or guards by any institution, agency, or department of
state government, including any institution of higher education, shall not be
designated as peace officers, after June 3, 2004, without completing the peace
officer standards and training board processes described in sections 16-2.5-201 and
16-2.5-202, C.R.S., and obtaining the legislative authorization described in section
16-2.5-101, C.R.S.
Source: L. 2008: Entire section added, p. 88, § 10, effective March 18.
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TITLE 24 – Government – State
ARTICLE 7.5 – Colorado Higher Education Police Officers
24-7.5-101. State institutions of higher education authorized to
employ police officers
The state institutions of higher education are authorized to employ police officers to
provide law enforcement and property protection for the institution employing the
officers and to perform other police, emergency planning, community safety, and
administrative functions as may be deemed necessary.
Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.
Cross references: For elections, see title 1; for peace officers and firefighters, see
article 5 of title 29; for state engineer, see article 80 of title 37; for state chemist, see
part 4 of article 1 of title 25; for offenses against government, see article 8 of title
18; for the "Uniform Records Retention Act", see article 17 of title 6.
24-7.5-102. Supervision and control
State higher education police officers employed pursuant to this article shall be
under the supervision and control of the governing board of the employing state
institution of higher education or its designee. The governing board or head of the
state institution of higher education shall provide institutional police commissions
and other appropriate credentials for the police officers. The employing institution
may permit its police officers to hold and receive other law enforcement
commissions or appointments as are appropriate to carry out their duties.
Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.
24-7.5-103. Powers conferred
(1) State higher education police officers employed and commissioned pursuant
to this article, when operating on property owned or leased by the state institution
of higher education, are granted all the powers conferred by law upon peace officers
to carry weapons and make arrests.
(2) When not on property owned or leased by the state institution of higher
education, state higher education police officers shall not have any greater
authority than that conferred upon peace officers by section 16-3-110, C.R.S.
Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.
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24-7.5-104. State institution of higher education property not exempt
from local law enforcement
Nothing in this article shall be construed to exempt the property of a state
institution of higher education from the authority of law enforcement agencies
within whose jurisdiction the property is located; except that representatives of the
law enforcement agencies shall coordinate their official actions on the property with
the appropriate higher education police officers, except when emergency
circumstances preclude such coordination.
Source: L. 2008: Entire article added, p. 89, § 11, effective March 18.
24-7.5-105. Officers’ qualifications
State higher education police officers shall be at least twenty-one years of age and
shall possess other qualifications as may be specified by the state personnel
director, including continuing training as may be prescribed by the director. State
higher education police officers shall be certified by the peace officers standards and
training board.
Source: L. 2008: Entire article added, p. 89, § 11, effective March 18.
24-7.5-106. Peace officers standards and training board evaluation
and recommendation – legislative authorization of peace officer
status required
Notwithstanding any other provision of this article, a person or group of persons
employed by any institution of higher education shall not be designated as police
officers after June 3, 2004, without completing the peace officers standards and
training board processes described in sections 16-2.5-201 and 16-2.5-202, C.R.S.,
and obtaining the certification described in section 16-2.5-102, C.R.S.
Source: L. 2009: Entire section added, (SB 09-097), ch. 110, p. 457, § 5, effective
August 5.
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TITLE 24 – Government – State
ARTICLE 31 – Department of Law
PART 1 – Attorney General
24-31-105. Criminal enforcement section
There is hereby established, within the department of law and under the control of
the attorney general, a criminal enforcement section. The criminal enforcement
section or any attorney in the department of law authorized by the attorney general
shall prosecute all criminal cases for the attorney general and shall perform other
functions as may be required by the attorney general. The attorney general is
hereby authorized to appoint a deputy attorney general as chief of the criminal
enforcement section. The chief of said section shall be a licensed attorney with a
minimum of two years of criminal experience as a trial or appellate prosecutor.
HISTORY: Source: L. 83: Entire section added, p. 903, § 2, effective July 1. L. 96:
Entire section amended, p. 737, § 9, effective July 1.
24-31-107. Applications for licenses – authority to suspend licenses –
rules
(1) Every application by an individual for a license issued by the department of
law or any authorized agent of such department shall require the applicant's name,
address, and social security number.
(2) The department of law or any authorized agent of the department shall deny,
suspend, or revoke any license pursuant to the provisions of section 26-13-126,
C.R.S., and any rules promulgated in furtherance thereof, if the department or
agent thereof receives a notice to deny, suspend, or revoke from the state child
support enforcement agency because the licensee or applicant is out of compliance
with a court or administrative order for current child support, child support debt,
retroactive child support, child support arrearages, or child support when combined
with maintenance or because the licensee or applicant has failed to comply with a
properly issued subpoena or warrant relating to a paternity or child support
proceeding. Any such denial, suspension, or revocation shall be in accordance with
the procedures specified by rule of the department of law, rules promulgated by the
state board of human services, and any memorandum of understanding entered into
between the department of law or an authorized agent thereof and the state child
support enforcement agency for the implementation of this section and section 26-
13-126, C.R.S.
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(3) (a) The department of law shall enter into a memorandum of
understanding with the state child support enforcement agency, which
memorandum shall identify the relative responsibilities of the department of law
and the state child support enforcement agency in the department of human
services with respect to the implementation of this section and section 26-13-126,
C.R.S.
(b) The appropriate rule-making body of the department of law is
authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, "license" means any recognition, authority, or
permission that the department of law or any authorized agent of such department
is authorized by law to issue for an individual to practice a profession or occupation
or for an individual to participate in any recreational activity. "License" may
include, but is not necessarily limited to, any license, certificate, certification, letter
of authorization, or registration issued for an individual to practice a profession or
occupation or for an individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1279, § 21, effective July 1.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997,
provides that the act enacting this section applies to all orders whether entered on,
before, or after July 1, 1997.
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TITLE 24 – Government – State
ARTICLE 31 – Department of Law
PART 3 – Peace Officer Standards and Training
Cross references: For the legislative declaration contained in the 1992 act
enacting this part 3, see section 12 of chapter 167, Session Laws of Colorado 1992.
24-31-301. Definitions
As used in this part 3, unless the context otherwise requires:
(1) "Applicant" means any person seeking certification to serve as a peace officer
or a reserve peace officer.
(1.5) "Basic training" means the basic law enforcement training received by a
peace officer at any approved law enforcement training academy.
(2) "Certification" means the issuance to an applicant of a signed instrument
evidencing that such applicant has met the requirements imposed by this part 3
and the POST board. Certification includes "basic certification" and "provisional
certification" that shall be issued to peace officers, "reserve certification" that shall
be issued to reserve peace officers, and such additional certifications as the board
may approve for peace officers.
(3) (Deleted by amendment, L. 94, p. 1725, § 3, effective May 31, 1994.)
(3.5) Repealed.
(4) "Local government representative" means a member of a board of county
commissioners, member of a city or town council or board of trustees, or mayor of a
city or town or city and county.
(5) "Peace officer" means any person described in section 16-2.5-101, C.R.S., and
who has not been convicted of a felony or convicted on or after July 1, 2001, of any
misdemeanor as described in section 24-31-305 (1.5), or released or discharged from
the armed forces of the United States under dishonorable conditions.
(5.5) "Reserve peace officer" means any person described in section 16-2.5-110,
C.R.S., and who has not been convicted of a felony or convicted on or after July 1,
2001, of any misdemeanor as described in section 24-31-305 (1.5), or released or
discharged from the armed forces of the United States under dishonorable
conditions.
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(6) "Training academy" means any school approved by the POST board where
peace officers and reserve peace officers receive instruction and training.
(7) "Training program" means a course of instruction approved by the POST
board for peace officer or reserve peace officer certification and other peace officer
training programs.
Source: L. 92: Entire part added, p. 1091, § 3, effective March 6. L. 94: Entire
section amended, p. 1725, § 3, effective May 31. L. 96: (5) amended, pp. 1349, 1477,
§ § 1, 42, effective June 1. L. 98: (2) and (5) amended, p. 749, § 1, effective May 22.
L. 2003: (5) and (5.5) amended, p. 1619, § 29, effective August 6. L. 2005: (2), (5),
(5.5), and (7) amended and (3.5) added, p. 112, § 1, effective August 8. L. 2012: (2)
amended and (3.5) repealed, (HB 12-1163), ch. 50, p. 182, § 1, effective August 8.
Cross references: For elections, see title 1; for peace officers and firefighters, see
article 5 of title 29; for state engineer, see article 80 of title 37; for state chemist, see
part 4 of article 1 of title 25; for offenses against government, see article 8 of title
18; for the "Uniform Records Retention Act", see article 17 of title 6.
Cross references: For statutory provisions relating to the other principal
departments of state government, see article 1 of title 8 (department of labor and
employment); article 1 of title 17 (department of corrections); part 1 of article 2 of
title 22 (department of education); article 1 of title 23 (department of higher
education); article 21 of this title (department of state); part 1 of article 50 of this
title (department of personnel); part 1 of article 1 of title 25 (department of public
health and environment); article 1 of title 25.5 (department of health care policy
and financing); article 1 of title 26 (department of human services); part 1 of article
1 of title 27 (department of human services); title 28 (department of military and
veterans affairs); article 1 of title 35 (department of agriculture); and part 1 of
article 1 of title 43 (department of transportation).
Cross references: For the legislative declaration contained in the 1992 act
enacting this part 3, see section 12 of chapter 167, Session Laws of Colorado 1992.
24-31-302. Creation of board
(1) There is hereby created, within the department of law, the peace officers
standards and training board, referred to in this part 3 as the "P.O.S.T. board".
(2) The P.O.S.T. board shall exercise its powers and perform its duties and
functions under the department of law as if transferred to the department by a type
2 transfer, as such transfer is defined in the "Administrative Organization Act of
1968", article 1 of this title.
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(3) The P.O.S.T. board shall consist of twenty-four members. The chairperson of
the P.O.S.T. board shall be the attorney general, and the board shall annually elect
from its members a vice-chairperson. The other members shall be the special agent
in charge of the Denver division of the federal bureau of investigation, the executive
director of the department of public safety, one local government representative, six
active chiefs of police from municipalities of this state or state institutions of higher
education, six active sheriffs from counties of this state, three active peace officers
with a rank of sergeant or below, and five non-law enforcement members. The non-
law enforcement members shall complete a citizens' law enforcement academy prior
to appointment or within one year after appointment. The governor shall appoint
the chiefs of police, sheriffs, peace officers, the lay members, and the local
government representative as members of the board for terms of three years per
appointment. If any chief of police, sheriff, peace officer, lay member, or local
government representative vacates such office during the term for which appointed
to the P.O.S.T. board, a vacancy on the board shall exist. Any vacancy shall be filled
by appointment by the governor for the unexpired term. In order to create a
diversified board, the governor shall consider an applicant's age, gender, race,
professional experience, and geographic location when making appointments to the
board. In order to create diversified subject matter expertise committees, the chair
of the P.O.S.T. board shall consider an applicant's age, gender, race, professional
experience, and geographic location when making appointments to the committees.
(4) The members of the P.O.S.T. board shall receive no compensation for their
services but may be reimbursed for actual and necessary expenses incurred in the
performance of their official duties.
HISTORY: Source: L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94:
(1) and (3) amended and (4) added, p. 1727, § 4, effective May 31. L. 2003: (3)
amended, p. 1715, § 1, effective May 14. L. 2008: (3) amended, p. 89, § 12, effective
March 18. L. 2015: (3) amended, (HB 15-1287), ch. 213, p. 777, § 1, effective May 20.
ANNOTATION
Denver deputy sheriffs are peace officers within definition of "peace officer,
level I", in § 18-1-901. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App.
1995).
For purposes of the reference to § 18-1-901(3)(l)(I) made in subsection (5) of
this section, the certification requirement does not constitute a part of that
definition. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).
Because the constitution grants Denver the power to control the qualifications, as
well as the powers, duties, and terms or tenure, of its deputy sheriffs, it necessarily
follows that the P.O.S.T. Act is in conflict with the constitution to the extent that it
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purports to require Denver deputy sheriffs to be certified by the P.O.S.T. board.
Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).
24-31-303. Duties - powers of the P.O.S.T. board
(1) The P.O.S.T. board has the following duties:
(a) To approve and to revoke the approval of training programs and
training academies, and to establish reasonable standards pertaining to such
approval and revocation;
(b) To conduct periodic evaluations of training programs and inspections
of training academies;
(c) To establish procedures for determining whether or not an applicant
has met the standards which have been set;
(d) To certify qualified applicants and withhold, suspend, or revoke
certification;
(e) To certify inspectors of vehicle identification numbers, promulgate
rules deemed necessary by the board for certification of inspectors of vehicle
identification numbers, and approve related training courses;
(f) To require a background investigation of each applicant by means of
fingerprint checks through the Colorado bureau of investigation and the
federal bureau of investigation or such other means as the P.O.S.T. board
deems necessary for such investigation;
(g) To promulgate rules and regulations deemed necessary by such board
for the certification of applicants to serve as peace officers or reserve peace
officers in the state pursuant to the provisions of article 4 of this title;
(h) To establish standards for training in bail recovery practices;
(i) To promulgate rules and regulations that establish the criteria that
shall be applied in determining whether to recommend peace officer status
for a group or specific position as provided in section 16-2.5-201 (4), C.R.S.;
(j) To establish standards for training of school resource officers, as
described in section 24-31-312;
(k) To establish training standards to prepare law enforcement officers to
recognize and address incidents of abuse and exploitation of at-risk elders, as
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described in sections 18-6.5-102 (1) and (10), C.R.S.;
(l) To promulgate rules deemed necessary by the board concerning annual
in-service training requirements for certified peace officers, including but not
limited to evaluation of the training program and processes to ensure
substantial compliance by law enforcement agencies and departments;
(m) In addition to all other powers conferred and imposed upon the board
in this article, the board has the power and duty to adopt and promulgate,
under the provisions of section 24-4-103, rules as the board may deem
necessary or proper to carry out the provisions and purposes of this article,
which rules must be fair, impartial, and nondiscriminatory;
(n) To complete a review and evaluation of the basic academy curriculum,
including using community outreach as a review and evaluation component,
by July 1, 2016, and every five years thereafter;
(o) (I) To establish, add, and remove, as necessary, subject matter
expertise committees to:
(A) Develop skills training programs, academic curriculums,
and P.O.S.T. board rules;
(B) Review documents for and approve or deny academy
programs, lesson plans, training sites, and skills instructors;
and
(C) Assist P.O.S.T. board staff with academy inspections and
skills test-outs;
(II) (A) In order to create diversified subject matter expertise
committees, the chair of the P.O.S.T. board shall consider an
applicant's age, gender, race, professional experience, and
geographic location when making appointments to the
committees.
(B) If available, each subject matter committee shall include
at least two non-law enforcement members who have law
enforcement expertise or expertise in providing effective
training through professional experience or subject matter
training.
(p) To develop a community outreach program that informs the public of
the role and duties of the P.O.S.T. board; and
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(q) To develop a recruitment program that creates a diversified applicant
pool for appointments to the P.O.S.T. board and the subject matter expertise
committees.
(2) (a) The P.O.S.T. board may charge the following fees, the proceeds of
which may be used to support the certification of applicants pursuant to this
part 3:
(I) For the manuals or other materials that the board may publish
in connection with its functions, an amount not to exceed twenty
dollars per publication; and
(II) For the administration of certification and skills examinations,
an amount not to exceed one hundred fifty dollars per examination per
applicant.
(b) There is hereby created in the state treasury a P.O.S.T. board cash
fund. The fees collected pursuant to paragraph (a) of this subsection (2) and
pursuant to section 42-3-304 (24), C.R.S., shall be transmitted to the state
treasurer who shall credit such revenue to the P.O.S.T. board cash fund. It is
the intent of the general assembly that the fees collected shall cover all direct
and indirect costs incurred pursuant to this section. In accordance with
section 24-36-114, all interest derived from the deposit and investment
of moneys in the P.O.S.T. board cash fund shall be credited to the general
fund. All moneys in the P.O.S.T. board cash fund shall be subject to annual
appropriation by the general assembly and shall be used for the purposes set
forth in this subsection (2) and in section 24-31-310. At the end of any fiscal
year, all unexpended and unencumbered moneys in the P.O.S.T. board cash
fund shall remain in the fund and shall not revert to the general fund or any
other fund.
(3) The P.O.S.T. board may make grants to local governments, any college or
university, or any nonprofit for the purpose of funding the training programs
required by this section.
(4) (Deleted by amendment, L. 98, p. 749, § 2, effective May 22, 1998.)
(5) It is unlawful for any person to serve as a peace officer, as described
in section 16-2.5-102, C.R.S., or a reserve peace officer as defined in section 16-2.5-
110, C.R.S., in this state unless such person:
(a) Is certified pursuant to this part 3; and
(b) Has undergone both a physical and a psychological evaluation to
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determine such person's fitness to serve as a peace officer or a reserve peace
officer. Such evaluations shall have been performed within one year prior to
the date of appointment by a physician and either a psychologist or
psychiatrist licensed by the state of Colorado.
(6) Repealed.
HISTORY: Source: L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94:
(1) and (2) amended, p. 1727, § 5, effective May 31. L. 96: (2)(a) and (3) amended
and (4) and (5) added, p. 1571, § 1, effective June 3. L. 98: (4) and IP(5) amended, p.
749, § 2, effective May 22; (1)(h) added, p. 962, § 6, effective May 27. L. 2001:
(2)(a)(II) amended, p. 1449, § 1, effective July 1. L. 2002: (6) added, p. 840, § 3,
effective May 30.L. 2003: (2)(b) amended, p. 2114, § 1, effective May 22; (1)(f)
amended, p. 2184, § 2, effective June 3; IP(5) amended, p. 1622, § 39, effective
August 6. L. 2004: (1)(i) added, p. 1898, § 2, effective June 4. L. 2006: (2)(b)
amended, p. 1500, § 34, effective June 1 .L. 2012: (1)(i) amended and (1)(j)
added, (HB 12-1345), ch. 188, p. 746, § 31, effective May 19; (1)(h) amended, (HB 12-
1266), ch. 280, p. 1530, § 49, effective July 1. L. 2013: (1)(i) and (1)(j) amended and
(1)(k) added, (SB 13-111), ch. 233, p. 1125, § 8, effective May 16. L. 2014: (1)(e),
(1)(j), (2)(a)(II), and (3) amended and (1)(l) and (1)(m) added, (SB 14-123), ch. 246, p.
945, § 1, effective August 6.L. 2015: (1)(l) amended and (1)(n), (1)(o), (1)(p), and
(1)(q) added, (HB 15-1287), ch. 213, p. 778, § 2, effective May 20.
Editor's note: Subsection (6)(b) provided for the repeal of subsection (6), effective
July 1, 2003. (See L. 2002, p. 840.)
Cross references: (1) For the legislative declaration stating the purpose of and the
provision directing legislative staff agencies to conduct a post-enactment review
pursuant to § 2-2-1201 scheduled in 2016, see sections 21 and 46 of chapter 188,
Session Laws of Colorado 2012. However, sections 21 and 46 of chapter 188 were
repealed by sections 7 and 8 of chapter 323 (HB 15-1273), Session Laws of Colorado
2015.
(2) For the legislative declaration in the 2013 act amending subsections (1)(i)
and (1)(j) and adding subsection (1)(k), see section 1 of chapter 233, Session Laws of
Colorado 2013.
24-31-304. Applicant for training – fingerprint-based criminal history
record check
(1) For purposes of this section, "training academy" means a basic or reserve
peace officer training program approved by the POST board that is offered by a
training academy, community college, college, or university.
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(2) A training academy shall not enroll as a student a person who has been
convicted of an offense that would result in the denial of certification pursuant to
section 24-31-305 (1.5).
(3) A person seeking to enroll in a training academy shall submit a set of
fingerprints to the training academy prior to enrolling in the academy. The training
academy shall forward the fingerprints to the Colorado bureau of investigation for
the purpose of obtaining a fingerprint-based criminal history record check. Upon
receipt of fingerprints and payment for the costs, the Colorado bureau of
investigation shall conduct a state and national fingerprint-based criminal history
record check utilizing records of the Colorado bureau of investigation and the
federal bureau of investigation. The POST board shall be the authorized agency to
receive information regarding the result of a national criminal history record check.
The POST board shall notify the training academy if the fingerprint-based criminal
history record check indicates that the person is prohibited from enrolling in the
training academy pursuant to subsection (2) of this section. The person seeking to
enroll in the training academy shall bear only the actual costs of the state and
national fingerprint-based criminal history record check.
(4) (a) Notwithstanding the provisions of subsection (2) of this section and
section 24-31-305 (1.5) to the contrary, if the person anticipates that he or
she will be prohibited from enrolling in the training academy on the
grounds that the person has been convicted on or after July 1, 2001, of one
or more of the misdemeanors described in section 24-31-305 (1.5), the
person may, at the time of applying for admission to the training academy,
notify the POST board of the conviction or convictions and request the POST
board to grant the person permission to enroll in the training academy.
(b) The POST board shall promulgate rules deemed necessary by the
board concerning the procedures for the granting of permission to enroll in a
training academy pursuant to this subsection (4). The POST board, in
promulgating the rules, shall take into consideration the procedures for
the granting of exemptions to denials of certification and the withdrawal of
denials of certification described in section 24-31-305 (1.6). The POST board,
in promulgating the rules, may specify that an applicant for certification
pursuant to section 24-31-305 need not submit a set of fingerprints at the
time of applying for the certification if the applicant has already submitted a
set of fingerprints pursuant to this section.
Source: L. 92: Entire part added, p. 1094, § 3, effective March 6. L. 94: Entire
section amended, p. 1729, § 6, effective May 31. L. 96: Entire section amended, p.
1572, § 2, effective June 3. L. 2003: Entire section R&RE, p. 2183, § 1, effective
June 3.
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24-31-305. Certification - issuance - renewal - revocation
(1) (a) Basic peace officer certification requirements shall include:
(I) Successful completion of a high school education or its
equivalent;
(II) Successful completion of basic training approved by the P.O.S.T.
board;
(III) Passage of examinations administered by the P.O.S.T. board;
and
(IV) Current first aid and cardiopulmonary resuscitation certificates
or their equivalents.
(b) The training required for basic certification may be obtained through a
training program conducted by a training academy approved by the P.O.S.T.
board or completion of requirements of another state, federal, or tribal
jurisdiction having standards deemed at least equivalent to those established
pursuant to this part 3.
(c) Repealed.
(1.3) Reserve peace officer certification requirements shall include:
(a) Successful completion of a high school education or its equivalent;
(b) Successful completion of reserve training approved by the P.O.S.T.
board; and
(c) Current first aid and cardiopulmonary resuscitation certificates or
their equivalents.
(1.5) (a) The P.O.S.T. board shall deny certification to any person who has been
convicted of:
(I) A felony;
(II) Any misdemeanor in violation of sections 18-3-204, 18-3-402, 18-
3-404, 18-3-405.5, and 18-3-412.5, C.R.S.;
(III) Any misdemeanor in violation of sections 18-7-201, 18-7-202, 18-
7-203, 18-7-204, 18-7-302, and 18-7-601, C.R.S.;
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(IV) Any misdemeanor in violation of any section of article 8 of title
18, C.R.S.;
(V) Any misdemeanor in violation of sections 18-9-111 and 18-9-121,
C.R.S.;
(VI) Any misdemeanor in violation of sections 18-18-404, 18-18-405,
18-18-406, and 18-18-411, C.R.S.;
(VII) Any misdemeanor in violation of section 18-6-403 (3) (b.5),
C.R.S., as it existed prior to July 1, 2006;
(VIII) Any misdemeanor in violation of federal law or the law of any
state that is the equivalent of any of the offenses specified in
paragraphs (a) to (g) of this subsection (1.5); or
(IX) Any local municipal ordinance that is the equivalent of any of
the offenses specified in paragraphs (a) to (g) of this subsection (1.5).
(b) The P.O.S.T. board must deny certification to any person who entered
into one of the following for a crime listed in paragraph (a) of this subsection
(1.5) if the P.O.S.T. board determines that certification is not in the public
interest:
(I) A deferred judgment and sentencing agreement or deferred
sentencing agreement, whether pending or successfully completed;
(II) A deferred prosecution agreement, whether pending or
successfully completed; or
(III) A pretrial diversion agreement, whether pending or successfully
completed.
(1.6) (a) Notwithstanding the provisions of subsection (1.5) of this section, if an
applicant anticipates prior to the denial of certification that he or she will be
denied certification on the ground that the applicant has been convicted on or
after July 1, 2001, of any misdemeanor or misdemeanors described in
subsection (1.5) of this section, the applicant or the chief law enforcement
officer of the agency, if any, employing such applicant may, at the time of the
application for certification, notify the P.O.S.T. board of such conviction or
convictions and request the board to grant the applicant an exemption from
denial of certification.
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(b) Notwithstanding the provisions of subsection (1.5) of this section, if an
applicant is denied certification on the ground that the applicant has been
convicted on or after July 1, 2001, of any misdemeanor or misdemeanors
described in subsection (1.5) of this section, the applicant or the chief law
enforcement officer of the agency, if any, employing such applicant may,
within thirty days after the effective date of denial, request that the P.O.S.T.
board withdraw the denial of certification.
(c) The P.O.S.T. board shall promulgate rules and regulations deemed
necessary by the board concerning the procedures for the granting of
exemptions to denials of certification and the withdrawal of denials of
certification under this subsection (1.6).
(1.7) (a) Unless revoked, a basic certification or reserve certification issued
pursuant to this part 3 is valid as long as the certificate holder is
continuously serving as a peace officer or reserve peace officer.
(b) If a basic or reserve certificate holder has not served as a peace officer
or reserve peace officer for a total of at least six months during any
consecutive three-year period, the certification automatically expires at the
end of such three-year period, unless the certificate holder is then serving as
a peace officer or reserve peace officer.
(c) The P.O.S.T. board may promulgate rules for the renewal of
certification that expired pursuant to paragraph (b) of this subsection (1.7).
(2) (a) A certification issued pursuant to subsection (1) or (1.3) of this section
or section 24-31-308 shall be suspended or revoked by the P.O.S.T. board if
the certificate holder has been convicted of a felony at any time, or has been
convicted on or after July 1, 2001, of any misdemeanor or misdemeanors
described in subsection (1.5) of this section, or has otherwise failed to meet
the certification requirements established by the board.
(b) (I) Notwithstanding the provisions of paragraph (a) of this
subsection (2), if the certification of a certificate holder is revoked pursuant to
paragraph (a) of this subsection (2) on the ground that the certificate holder
has been convicted on or after July 1, 2001, of any misdemeanor or
misdemeanors described in subsection (1.5) of this section, the certificate
holder or the chief law enforcement officer of the agency, if any, employing
such certificate holder may, within thirty days after the effective date of the
revocation, request the P.O.S.T. board to reinstate the certification.
(II) The P.O.S.T. board shall promulgate rules and regulations
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deemed necessary by the board concerning the procedures for the
reinstatement of revocations of certification.
(3) Certification shall not vest tenure or related rights. The policies, if any, of the
employing agency shall govern such rights. Additional certification reflecting higher
levels of proficiency may, at the discretion of the employing agency, be required in
hiring, retaining, or promoting peace officers.
(4) The P.O.S.T. board may grant variances from the requirements of this section
to any individual, including any individual called to active duty by the armed forces
of the United States, if strict application thereof would result in practical difficulty
or unnecessary hardship and where the variance would not conflict with the basic
purposes and policies of this part 3. The P.O.S.T. board shall promulgate rules
regarding the procedure for applying for and granting variances pursuant to this
subsection (4).
HISTORY: Source: L. 92: Entire part added, p. 1094, § 3, effective March 6.L. 94:
Entire section amended, p. 1729, § 7, effective May 31.L. 96: Entire section
amended, p. 1572, § 3, effective June 3.L. 98: (1.7)(a), (1.7)(b), and (2) amended and
(4) added, p. 750, § 3, effective May 22.L. 2000: (1.7)(c) amended, p. 42, § 2, effective
March 10.L. 2001: (1.5) and (2) amended and (1.6) added, p. 1449, § 2, effective July
1.L. 2005: (1)(b), (1.5)(g), and (4) amended and (1)(c) and (1.5)(h) added, p. 113, § § 2,
3, effective August 8.L. 2006: (1.5)(g) amended, p. 2044, § 5, effective July 1.L.
2012: (1)(c) repealed, (HB 12-1163), ch. 50, p. 182, § 2, effective August 8.L. 2013:
(1.5)(g) amended, (HB 13-1166), ch. 59, p. 196, § 4, effective August 7.L. 2014:
(1.5)(g) and (1.5)(h) amended and (1.5)(i) added, (SB 14-123), ch. 246, p. 946, § 2,
effective August 6.L. 2016: (1.5) amended, (HB 16-1262), ch. 339, p. 1386, § 6,
effective June 10.
ANNOTATION
Because the constitution grants Denver the power to control the
qualifications, as well as the powers, duties, and terms or tenure, of its
deputy sheriffs, it necessarily follows that the P.O.S.T Act is in conflict with the
constitution to the extent that it purports to require Denver deputy sheriffs to be
certified by the P.O.S.T. board. Fraternal Order, No. 27 v. Denver, 914 P.2d 483
(Colo. App. 1995).
Because the state's interest under the Peace Officers Standards and
Training Act was not sufficient to outweigh Denver's home rule authority,
the provisions of this section supersede the conflicting provisions of the P.O.S.T.
Act. Fraternal Order of Police, Lodge 27 v. Denver, 926 P.2d 582 (Colo. 1996).
The qualification and certification of Denver deputy sheriffs is a local
concern, specifically, where it was shown that there was no need for statewide
uniformity of training that would include Denver deputy sheriffs; that the
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extraterritorial impact of Denver deputy sheriffs is, at best, de minimis; that
Denver deputy sheriffs do not substantially impact public safety beyond the
boundaries of Denver; and Denver's interest in the training and certification of its
deputy sheriffs is substantial and has direct textual support in the Colorado
Constitution and in case law precedent. Fraternal Order of Police, Lodge 27 v.
Denver, 926 P.2d 582 (Colo. 1996).
The holding regarding the training and certification under the P.O.S.T.
Act is limited to Denver deputy sheriffs since Colorado Constitution article XX,
§ 2, pertains only to the City and County of Denver. Fraternal Order of Police,
Lodge 27 v. Denver, 926 P.2d 582 (Colo. 1996).
24-31-306. Qualifications for peace officers (Repealed)
Source: L. 92: Entire part added, p. 1095, § 3, effective March 6. L. 94: (1) and (7)
amended, p. 1730, § 8, effective May 31. L. 96: (7.5) added, p. 1349, § 2, effective
June 1; (4), (5), (6), and (7) repealed and (8) added, p. 1574, § § 4, 5, effective June 3.
L. 98: (7.5)(c) and (9) added, p. 750, § § 4, 5, effective May 22.
Editor's note: Subsection (1)(b) provided for the repeal of subsection (1), effective
January 1, 1995. (See L. 94, p. 1730.) Subsection (2)(b) provided for the repeal of
subsection (2), effective January 1, 1995. (See L. 92, p. 1095.) Subsection (3)(b)
provided for the repeal of subsection (3), effective January 1, 1995. (See L. 92, p.
1095.) Subsection (8)(b) provided for the repeal of subsection (8), effective January
1, 1997. (See L. 96, p. 1574.) Subsection (7.5)(c) provided for the repeal of subsection
(7.5), effective January 1, 1999. (See L. 98, p. 750.) Subsection (9)(c) provided for the
repeal of subsection (9), effective January 1, 1999. (See L. 98, p. 750.)
24-31-307. Enforcement
(1) The POST board shall have the power to direct the attorney general to
enforce the provisions of this part 3 through an action in district court for injunctive
or other appropriate relief against:
(a) Any individual undertaking or attempting to undertake any duties as
a peace officer or a reserve peace officer in this state in violation of this part
3; and
(b) Any agency permitting any individual to undertake or attempt to
undertake any duties as a peace officer or a reserve peace officer in this state
under the auspices of such agency in violation of this part 3.
(2) The attorney general shall be entitled to recover reasonable attorney fees
and costs against the defendant in any enforcement action under this part 3, if the
attorney general prevails.
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Source: L. 94: Entire section added, p. 1731, § 9, effective May 31.
24-31-308. Reciprocity – provisional certificate
(1) The POST board is authorized to grant a provisional certificate to any person
who:
(a) Has been authorized to act as a peace officer in another state or federal
jurisdiction, excluding the armed forces, within the preceding three years and
has served as a certified law enforcement officer in good standing in such
other state or federal jurisdiction for more than one year;
(b) Passes the certification examination required pursuant to this part 3;
and
(c) Possesses current first aid and cardiopulmonary resuscitation
certificates or their equivalent.
(2) (a) The POST board is authorized to grant a basic certification to a person
who meets the criteria established for basic certification by rule of the POST
board.
(b) Any rule of the POST board establishing the criteria for basic
certification shall provide that a basic certification will be issued only after
an applicant has successfully demonstrated to the POST board a proficiency
in all skill areas as required by section 24-31-305.
(3) (a) A provisional certificate shall be valid for six months.
(b) Upon a showing of good cause, the POST board may renew a
provisional certificate once for a period not to exceed an additional six
months.
Source: L. 98: Entire section added, p. 751, § 7, effective May 22. L. 2000: (1)(a)
and (2) amended, p. 43, § 3, effective March 10. L. 2012: (1)(a) amended, (HB 12-
1163), ch. 50, p. 182, § 3, effective August 8.
24-31-309. Profiling – officer identification – training
(1) (a) The general assembly finds, determines, and declares that profiling is
a practice that presents a great danger to the fundamental principles of our
constitutional republic and is abhorrent and cannot be tolerated.
(b) The general assembly further finds and declares that motorists who
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have been stopped by peace officers for no reason other than the color of their
skin or their apparent race, ethnicity, age, or gender are the victims of
discriminatory practices.
(c) The general assembly further finds and declares that Colorado peace
officers risk their lives every day. The people of Colorado greatly appreciate
the hard work and dedication of peace officers in protecting public safety. The
good name of these peace officers should not be tarnished by the actions of
those who commit discriminatory practices.
(d) It is therefore the intent of the general assembly in adopting this
section to provide a means of identification of peace officers who are engaging
in profiling, to underscore the accountability of those peace officers for their
actions, and to provide training to those peace officers on how to avoid
profiling.
(2) Definitions. For purposes of this section, "profiling" means the practice of
relying solely on race, ethnicity, gender, national origin, language, religion, sexual
orientation, gender identity, age, or disability in:
(a) Determining the existence of probable cause to place in custody or
arrest an individual or in constituting a reasonable and articulable suspicion
that an offense has been or is being committed so as to justify the detention of
an individual or the investigatory stop of a vehicle; or
(b) Determining the scope, substance, or duration of an investigation or
law enforcement activity to which a person will be subjected.
(3) Profiling practices prohibited. Profiling as defined in subsection (2) of this
section is prohibited; except that a peace officer may use age when making law
enforcement decisions if the peace officer is investigating a juvenile status offense.
(4) (a) A peace officer certified pursuant to this part 3 shall provide, without
being asked, his or her business card to any person whom the peace officer
has detained in a traffic stop, but has not cited or arrested. The business card
shall include identifying information about the peace officer including, but
not limited to, the peace officer's name, division, precinct, and badge or other
identification number and a telephone number that may be used, if
necessary, to report any comments, positive or negative, regarding the traffic
stop. The identity of the reporting person and the report of any such
comments that constitutes a complaint shall initially be kept confidential by
the receiving law enforcement agency, to the extent permitted by law. The
receiving law enforcement agency shall be permitted to obtain some
identifying information regarding the complaint to allow initial processing of
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the complaint. If it becomes necessary for the further processing of the
complaint for the complainant to disclose his or her identity, the complainant
shall do so or, at the option of the receiving law enforcement agency, the
complaint may be dismissed.
(b) The provisions of paragraph (a) of this subsection (4) shall not apply to
authorized undercover operations conducted by any law enforcement agency.
(c) Each law enforcement agency in the state shall compile on at least an
annual basis any information derived from telephone calls received due to the
distribution of business cards as described in paragraph (a) of this subsection
(4) and that allege profiling. The agency shall make such information
available to the public but shall not include the names of peace officers or the
names of persons alleging profiling in such information. The agency may also
include in such information the costs to the agency of complying with the
provisions of this subsection (4).
(5) The training provided for peace officers shall include an examination of the
patterns, practices, and protocols that result in profiling and prescribe patterns,
practices, and protocols that prevent profiling. On or before August 1, 2001, the
P.O.S.T. board shall certify the curriculum for such training.
(6) No later than six months after June 5, 2001, each law enforcement agency in the
state shall have written policies, procedures, and training in place that are
specifically designed to address profiling. Each peace officer employed by such law
enforcement agency shall receive such training. The written policies and procedures
shall be made available to the public for inspection during regular business hours.
HISTORY: Source: L. 2001: Entire section added, p. 934, § 2, effective June 5.L.
2016: (2) and (3) amended, (HB 16-1263), ch. 340, p. 1388, § 2, effective June 10.
Cross references: For the legislative declaration in HB 16-1263, see section 1 of
chapter 340, Session Laws of Colorado 2016.
ANNOTATION
Law reviews. For article, "House Bill 1114: Eliminating Biased Policing", see 31
Colo. Law. 127 (July 2002).
24-31-310. Resources for the training of peace officers – peace
officers in rural jurisdictions – legislative declaration
(1) The general assembly hereby finds and declares that Colorado peace officers
risk their lives every day in the normal course of their duties. On the roads and
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highways and throughout the state, peace officers are expected to make quick and
difficult decisions that concern both public and officer safety. The general assembly
further finds and declares that good training is crucial for peace officers to make
decisions that are in the best interests of the health and safety of the citizens of
Colorado. The general assembly recognizes that the POST board oversees peace
officer training programs and that in the past the state has provided funding for
such training programs. The general assembly further recognizes that the state has
not provided funding for peace officer training programs since 1992, and that the
lack of state funding has had a significant impact on the training of peace officers in
the state. Therefore, it is the intent of this section to reimplement state funding for
peace officer training programs and to enable the POST board to provide
substantial training for peace officers who serve the citizens of Colorado.
(2) The moneys collected and transferred to the POST board cash fund pursuant
to section 42-3-304 (24), C.R.S., shall be used to provide training programs for peace
officers, especially peace officers in rural and smaller jurisdictions that have limited
resources due to the size or location of such jurisdictions. The moneys shall be used
and distributed pursuant to subsection (3) of this section.
(3) The moneys collected and transferred to the POST board cash fund pursuant
to section 42-3-304 (24), C.R.S., shall be used and distributed as determined by the
POST board. The moneys in the fund shall be used to pay the salary and benefits of
any employee hired by the department of law in order to administer the peace
officer training programs and to cover any other costs incurred by the POST board
in connection with such programs. Under no circumstance shall general fund
moneys be used to cover such costs incurred by the department of law or the POST
board.
Source: L. 2003: Entire section added, p. 2114, § 2, effective May 22. L. 2006: (2)
and (3) amended, p. 1500, § 35, effective June 1.
24-31-311. DNA evidence – collection – retention
(1) The training provided for peace officers shall include proper collection and
retention techniques, practices, and protocols for evidence that may contain
biological or DNA evidence. On or before August 1, 2009, the POST board shall
certify the curriculum for the training. After August 1, 2009, the training shall be
provided to persons who enroll in a training academy for basic peace officer training
and to all peace officers described in section 16-2.5-101, C.R.S., who are certified by
the POST board pursuant to this part 3 prior to August 1, 2009.
(2) The POST board may develop a specialized certification program that
concentrates on the proper techniques, practices, and protocols for evidence
collection with emphasis on evidence that may contain biological or DNA evidence.
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Source: L. 2008: Entire section added, p. 848, § 4, effective May 14.
Cross references: For the legislative declaration contained in the 2008 act
enacting this section, see section 1 of chapter 223, Session Laws of Colorado 2008.
24-31-312. School resource officer training
(1) On or before January 1, 2014, the POST board shall identify a school resource
officer training curriculum to prepare peace officers.
(2) To the extent practicable, the training curriculum described in subsection (1)
of this section shall incorporate the suggestions of relevant stakeholders and
advocates.
(3) (a) In assigning peace officers to serve as school resource officers pursuant
to section 22-32-146, C.R.S., each law enforcement agency is encouraged to
ensure that such peace officers have successfully completed the school
resource officer training curriculum described in subsection (1) of this
section, or will complete said training within six months after beginning the
assignment.
(b) On and after January 1, 2015, each county sheriff and each municipal
law enforcement agency of the state shall employ at least one peace officer
who has successfully completed the training curriculum described in
subsection (1) of this section.
(4) For the purposes of section 22-32-146, C.R.S., the training curriculum
provided pursuant to subsection (1) of this section shall include a means of
recognizing and identifying peace officers who successfully complete the training
curriculum.
(5) In providing the training curriculum described in subsection (1) of this
section, the POST board may include provisions to allow for the awarding of credit
to a peace officer who has successfully completed a school resource officer
certification curriculum offered by one or more public or private entities, which
entities shall be identified by the POST board.
(6) The POST board may charge a fee to each peace officer who enrolls in the
training curriculum described in subsection (1) of this section. The amount of the fee
shall not exceed the direct and indirect costs incurred by the POST board in
providing the curriculum.
HISTORY: Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 746, §
32, effective May 19.
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Cross references: For the legislative declaration stating the purpose of and the
provision directing legislative staff agencies to conduct a post-enactment review
pursuant to § 2-2-1201 scheduled in 2016, see sections 21 and 46 of chapter 188,
Session Laws of Colorado 2012. To obtain a copy of the review, once completed, view
Colorado Legislative Council's web site.
24-31-313. Training concerning abuse and exploitation of at-risk
elders
(1) On or before January 1, 2014, the P.O.S.T. board shall create and implement
a training curriculum to prepare peace officers to recognize and address incidents of
abuse and exploitation of at-risk elders, as described in sections 18-6.5-102 (1) and
(10), C.R.S.
(2) On and after January 1, 2015, each county sheriff and each municipal law
enforcement agency of the state shall employ at least one peace officer who has
successfully completed the training curriculum described in subsection (1) of this
section.
(3) The training curriculum provided pursuant to subsection (1) of this section
shall include a means of recognizing and identifying peace officers who successfully
complete the training curriculum.
(4) In providing the training curriculum described in subsection (1) of this
section, the P.O.S.T. board may include provisions to allow for the awarding of
credit to a peace officer who has successfully completed a similar training
curriculum offered by one or more public or private entities, which entities shall be
identified by the P.O.S.T. board.
(5) The P.O.S.T. board may charge a fee to each peace officer who enrolls in the
training curriculum described in subsection (1) of this section. The amount of the fee
shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in
providing the curriculum.
Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1126, § 9, effective
May 16.
Cross references: For the legislative declaration in the 2013 act adding this
section, see section 1 of chapter 233, Session Laws of Colorado 2013.
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24-31-313.5. Training concerning abuse and exploitation of at-risk
adults with intellectual and developmental disabilities
On or before June 30, 2016, the P.O.S.T. board shall create and implement a
training curriculum to prepare peace officers to recognize and address incidents of
abuse and exploitation of at-risk adults with intellectual and developmental
disabilities, as described in section 18-6.5-102 (2.5) and (10), C.R.S.
HISTORY: Source: L. 2016: Entire section added, (HB 16-1254), ch. 6, p. 12, § 1,
effective March 9.
24-31-314. Advanced roadside impaired driving enforcement training
(1) On and after October 1, 2013, the P.O.S.T. board is encouraged to include
advanced roadside impaired driving enforcement training in the curriculum for
persons who enroll in a training academy for basic peace officer training.
(2) Subject to the availability of sufficient moneys, the P.O.S.T. board shall
arrange to provide training in advanced roadside impaired driving enforcement to
drug recognition experts who will act as trainers in advanced roadside impaired
driving enforcement for all peace officers described in section 16-2.5-101, C.R.S.
Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1892, § 8, effective
May 28.
24-31-315. Annual in-service training requirements
(1) The annual in-service training programs shall include proper restraint and
holds training, a two-hour anti-bias training program and, in alternating years,
either a two-hour community policing and community partnerships training
program or a two-hour situation de-escalation training program. The programs and
curriculum shall be available by July 1, 2016, and may include interactive web-
based training. Each certified peace officer shall satisfactorily complete the training
by July 1, 2017, and shall satisfactorily complete the training at least once every
five years thereafter.
(2) (a) The P.O.S.T. board shall suspend a peace officer's certification if the
peace officer fails to comply with the training requirements in subsection (1)
of this section. The P.O.S.T. board shall reinstate a peace officer's
certification that was suspended pursuant to this paragraph (a) upon
completion of the training requirements in subsection (1) of this section.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2),
the P.O.S.T. board shall not suspend a peace officer's certification if the peace
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officer has not complied with the training requirements of subsection (1) of
this section because the officer is not serving as a full-time peace officer.
When the officer returns to his or her full-time peace-officer duties, he or she
shall have six months to complete the training required by subsection (1) of
this section.
(c) Prior to suspension of a peace officer's certification pursuant to
paragraph (a) of this subsection (2), the peace officer must be afforded due
process to the extent required by law.
HISTORY: Source: L. 2015: Entire section added, (HB 15-1287), ch. 213, p. 778, §
3, effective May 20.
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TITLE 24 – Government – State – Principal Departments
ARTICLE 33.5 - Public Safety
PART 1 – Department of Public Safety
24-33.5-112. State law enforcement agencies to provide identification
cards to retired peace officers upon request – definitions
(1) As used in this section, unless the context otherwise requires:
(a) "Law enforcement agency of the state" means the department and any
agency that exists within the department and employs at least one peace
officer, including but not limited to the Colorado state patrol created in part 2
of this article, the Colorado bureau of investigation created in part 4 of this
article, and the division of criminal justice created in part 5 of this article.
(b) "Peace officer" means a certified peace officer described in section 16-
2.5-102, C.R.S.
(c) "Photographic identification" means a photographic identification that
satisfies the description at 18 U.S.C. sec. 926C (d).
(2) Except as described in subsection (3) of this section, on and after August 7,
2013, if a law enforcement agency of the state has a policy, on August 7, 2013, of
issuing photographic identification to peace officers who have retired from the
agency, and the agency discontinues said policy after August 7, 2013, the agency
shall continue to provide such photographic identification to peace officers who have
retired from the agency if:
(a) The peace officer requests the identification;
(b) The peace officer retired from the law enforcement agency before the
date upon which the agency discontinued the policy; and
(c) The peace officer is a qualified retired law enforcement officer, as
defined in 18 U.S.C. sec. 926C (c).
(3) Before issuing or renewing a photographic identification to a retired law
enforcement officer pursuant to this section, a law enforcement agency of the state
shall complete a criminal background check of the officer through a search of the
national instant criminal background check system created by the federal "Brady
Handgun Violence Prevention Act" (Pub.L. 103-159), the relevant portion of which
is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal
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justice information system. If the background check indicates that the officer is
prohibited from possessing a firearm by state or federal law, the law enforcement
agency shall not issue the photographic identification.
(4) A law enforcement agency of the state may charge a fee for issuing a
photographic identification to a retired peace officer pursuant to subsection (2) of
this section, which fee shall not exceed the direct and indirect costs assumed by the
agency in issuing the photographic identification.
(5) Notwithstanding any provision of this section to the contrary, a law
enforcement agency of the state shall not be required to issue a photographic
identification to a particular peace officer if the chief administrative officer of the
agency elects not to do so.
(6) If a law enforcement agency of the state denies a photographic identification
to a retired peace officer who requests a photographic identification pursuant to this
section, the law enforcement agency shall provide the retired peace officer a written
statement setting forth the reason for the denial.
Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 256, § 1, effective
August 7.
24-33.5-115. Peace officer hiring - required use of waiver - definitions
(1) A state or local law enforcement agency, including higher education law
enforcement agencies and public transit law enforcement agencies, shall require
each candidate that it interviews for a peace officer position who has been employed
by another law enforcement agency or governmental agency to execute a written
waiver that explicitly authorizes each law enforcement agency or governmental
agency that has employed the candidate to disclose the applicant's files, including
internal affairs files, to the state or local law enforcement agency and releases the
interviewing agency and each law enforcement agency or governmental agency that
employed the candidate from any liability related to the use and disclosure of the
files. A law enforcement agency or governmental agency may disclose the
applicant's files by either providing copies or allowing the interviewing agency to
review the files at the law enforcement agency's office or governmental agency's
office. A candidate who refuses to execute the waiver shall not be considered for
employment by the interviewing agency. The agency interviewing the candidate
shall, at least twenty-one days prior to making the hiring decision, submit the
waiver to each law enforcement agency or governmental agency that has employed
the candidate. A state or local law enforcement agency or governmental agency that
receives such a waiver shall provide the disclosure to the agency that is considering
the candidate for employment not more than twenty-one days after such receipt.
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(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited from
providing the disclosure pursuant to a binding nondisclosure agreement to which
the agency is a party, which agreement was executed before the effective date of
this section.
(3) A state or local law enforcement agency or governmental agency is not liable
for complying with the provisions of this section or participating in an official oral
interview with an investigator regarding the candidate.
(4) As used in this section, unless the context otherwise requires:
(a) "Files" means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel
applications, personnel related claims, disciplinary actions, and all
complaints, early warnings, and commendations, but does not include
nonperformance or conduct-related data, including medical files, schedules,
pay and benefit information, or similar administrative data or information.
(b) "State or local law enforcement agency" means:
(I) The Colorado state patrol created pursuant to section 24-33.5-
201;
(II) The Colorado bureau of investigation created pursuant to
section 24-33.5-401;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of
natural resources created pursuant to section 24-1-124; or
(VI) A town marshal's office.
HISTORY: Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1380,
§ 1, effective June 10.
24-33.5-116. Peace officer authority Colorado mounted rangers study
task force - repeal
(1) There is created a peace officer authority Colorado mounted rangers study
task force, referred to in this section as the "task force", convened to study and
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make recommendations regarding peace officer certification and authority for the
Colorado mounted rangers. The task force consists of:
(a) The executive director of the department of public safety or his or her
designee, who shall serve as the chair of the task force;
(b) The attorney general or his or her designee;
(c) A representative of the chiefs of police appointed by the executive
director of the department of public safety;
(d) A county sheriff appointed by the executive director of the department
of public safety;
(e) The chief of the Colorado state patrol or his or her designee;
(f) The director of the Colorado bureau of investigation or his or her
designee;
(g) The director of the division of homeland security and emergency
management or his or her designee; and
(h) The colonel of the Colorado mounted rangers.
(2) The chair of the task force shall convene the first meeting of the task force by
June 1, 2016. The task force shall schedule a sufficient number of meetings in order
to complete and submit its recommendations pursuant to subsection (4) of this
section prior to July 1, 2017.
(3) The task force shall study and make recommendations regarding whether it
is appropriate for the Colorado mounted rangers to receive P.O.S.T. peace officer
certification, and if so:
(a) The appropriate level of peace officer certification for the Colorado
mounted rangers, including the appropriate amount of training and
supervision;
(b) The appropriate agency to house the Colorado mounted rangers;
(c) The appropriate level of peace officer authority of the Colorado
mounted rangers;
(d) The status of a Colorado mounted ranger when the ranger is not on
duty; and
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(e) Any other relevant matters.
(4) The task force shall provide recommendations to the judiciary committees of
the house of representatives and senate, or any successor committees, regarding
application for peace officer status pursuant to section 16-2.5-201, C.R.S.
(5) This section is repealed, effective July 1, 2017.
HISTORY: Source: L. 2016: Entire section added, (SB 16-111), ch. 291, p. 1177, §
1, effective June 10.
PART 5 – Division of Criminal Justice
24-33.5-519. Body-worn cameras for law enforcement officers - grant
program - study group - fund – repeal
(1) (a) There is created in the division the body-worn camera grant program,
referred to in this section as the "grant program", to award grants to law
enforcement agencies to purchase body-worn cameras, for associated data
retention and management costs, and to train law enforcement officers on the
use of body-worn cameras. The division shall administer the grant program
pursuant to this section. The division may apply for gifts, grants, or
donations from the federal government and any public or private source. The
division shall transmit any moneys received to the state treasurer for deposit
in the fund created pursuant to subsection (2) of this section. The division
shall make grant payments from general fund moneys appropriated to the
division by the general assembly for the program and moneys appropriated
from the fund.
(b) The division shall:
(I) Solicit and review applications for grants from law enforcement
agencies; and
(II) Select law enforcement agencies to receive grants from agencies
that have adopted policies, giving preference to agencies that
otherwise lack moneys to pay for body-worn cameras, for associated
data retention and management costs, and to train law enforcement
officers on the use of body-worn cameras, and determine the amount of
each grant.
(2) (a) There is created in the state treasury the body-worn camera fund,
referred to in this section as the "fund", consisting of any moneys received by
the division from gifts, grants, or donations for the grant program. The
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moneys in the fund are subject to annual appropriation by the general
assembly to the division for the direct and indirect costs associated with
implementing the grant program.
(b) The state treasurer may invest any moneys in the fund not expended
for the purpose of this section as provided by law. The state treasurer shall
credit all interest and income derived from the investment and deposit of
moneys in the fund to the fund. Any unexpended and unencumbered moneys
remaining in the fund at the end of a fiscal year remain in the fund and shall
not be credited or transferred to the general fund or another fund.
(3) (a) There is created in the division the body-worn camera study group,
referred to in this section as the "study group", to study policies and best
practices concerning the use of body-worn cameras by law enforcement
officers throughout the nation.
(b) (I) The study group consists of at least fifteen members appointed
by the executive director, including and limited to:
(A) Two representatives of chiefs of police;
(B) Two representatives of county sheriffs;
(C) A representative of a statewide organization of police
officers;
(D) A representative of the department of corrections;
(E) A representative of district attorneys;
(F) The attorney general or his or her designee;
(G) The state public defender or his or her designee;
(H) A representative of the private criminal defense bar;
(I) Two representatives of interested community groups;
(J) A representative of an organization that advocates for
government transparency;
(K) A representative of a legal organization supporting
privacy concerns; and
(L) Up to three other interested citizens at the discretion of
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the executive director.
(II) The executive director shall consider racial, cultural, income,
and geographic diversity when making appointments to the study
group.
(III) If a vacancy arises on the study group, the executive director
shall appoint an appropriate replacement.
(IV) The executive director shall appoint the members of the study
group on or before August 1, 2015. The executive director shall appoint
a chairperson of the study group who shall preside over the study
group's meetings.
(V) Members of the study group serve without compensation but
may be reimbursed for actual travel expenses incurred in the
performance of their duties.
(c) The study group shall:
(I) Collect policies and studies concerning body-worn cameras by
law enforcement officers;
(II) Study policies and best practices for body-worn cameras by law
enforcement officers;
(III) Recommend policies on the use of body-worn cameras by law
enforcement officers for adoption by law enforcement agencies,
including:
(A) When cameras are required to be turned on;
(B) When cameras must be turned off;
(C) When cameras may be turned off;
(D) When notification must be given that a camera is in use;
and
(E) When consent of another person is required for the
continued use of a camera;
(IV) Consider enforcement mechanisms and legal remedies available
to the public when a policy adopted by a law enforcement agency is not
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followed or when an agency that uses body-worn cameras fails to adopt
a policy on the use of body-worn cameras by its officers; and
(V) Submit a written report on its recommendations to the judiciary
committees of the senate and house of representatives, or any
successor committees, on or before March 1, 2016.
(d) This subsection (3) is repealed, effective July 1, 2016.
HISTORY: Source: L. 2015: Entire section added, (HB 15-1285), ch. 214, p. 781, §
2, effective May 20.
Cross references: For the legislative declaration in HB 15-1285, see section 1 of
chapter 214, Session Laws of Colorado 2015.
PART 8 - Compensation Benefits To Volunteer Civil Defense
Workers
24-33.5-822. County sheriff - local government - local emergency
planning committee - memorandum of understanding with volunteer
organizations
(1) Any county sheriff, the director of any local government, any local emergency
planning committee, or any state agency may develop and enter into a
memorandum of understanding with one or more volunteer organizations, including
but not limited to the Colorado mounted rangers, to assist the county sheriff, local
government, local emergency planning committee, or state agency in providing
services as required.
(2) A memorandum of understanding between a county sheriff, a local
government, a local emergency planning committee, or a state agency and a
volunteer organization may include the following information:
(a) The circumstances under which the county sheriff, local government,
local emergency planning committee, or state agency may request the
services of the volunteer organization;
(b) The circumstances under which the volunteer organization may accept
or refuse the request for assistance by the county sheriff, local government,
local emergency planning committee, or state agency;
(c) The party that will be responsible for any costs incurred by the
volunteer organization in the course of assisting the county sheriff, local
government, local emergency planning committee, or state agency;
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(d) The specific training or certification required for volunteers who are
members of the volunteer organization to be authorized to assist the county
sheriff, local government, local emergency planning committee, or state
agency;
(e) The duration of the memorandum of understanding;
(f) Provisions for amending the memorandum of understanding; and
(g) Any other information deemed necessary by the county sheriff, local
government, local emergency planning committee, or state agency or by the
volunteer organization.
(3) If national or statewide training and certification standards exist for a
certain organization or certain type of volunteer, the existing standards shall be
used in a memorandum of understanding created pursuant to this section.
(4) The most current version of the state of Colorado intergovernmental
agreement for emergency management may be used as the memorandum of
understanding pursuant to this section.
(5) A member of the Colorado mounted rangers and any other volunteer
organization lending assistance to a county sheriff, local government, local
emergency planning committee, or state agency pursuant to this section is an
authorized volunteer for the purposes of article 10 of this title.
(6) The executive director of the department of public safety created in section
24-33.5-103, the director of the Colorado bureau of investigation created in section
24-33.5-401, the executive director of the department of corrections created in
section 24-1-128.5, the division of emergency management created by part 21 of this
article, the division of homeland security created in section 24-33.5-1603, and a
county sheriff, police chief, town marshal, or any other law enforcement
organization certified pursuant to the provisions of article 2.5 of title 16, C.R.S.,
who enters into a memorandum of understanding pursuant to this section with the
Colorado mounted rangers or a member of the Colorado mounted rangers is solely
responsible for, and in direct control of, the performance of any Colorado mounted
ranger, including incurring any and all liabilities for misconduct, and is responsible
for addressing any misconduct as if the Colorado mounted ranger was a full-time
employee of the organization.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p.
1095, § 10, effective July 1; (1), (2)(a), (2)(b), (2)(c), and (2)(d) amended and (5) and
(6) added, (SB 12-072), ch. 57, pp. 207, 208, § § 2, 4, effective August 8.
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Editor's note: (1) This section is similar to former § 24-32-2222 as it existed prior
to 2012.
(2) Amendments to section 24-32-2222 (1), (2)(a), (2)(b), (2)(c), (2)(d), (5), and (6) by
Senate Bill 12-072 were harmonized with House Bill 12-1283 and relocated to this
section.
(3) Section 5 of chapter 57, Session Laws of Colorado 2012, provides that the
enactment of subsection (6) is effective August 8, 2012, only if House Bill 12-1283 is
enacted and becomes law. Said bill was signed by the governor on June 4, 2012.
Cross references: For the legislative declaration in the 2012 act amending
subsections (1), (2)(a), (2)(b), (2)(c), and (2)(d) and adding subsections (5) and (6), see
section 1 of chapter 57, Session Laws of Colorado 2012.
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TITLE 24 - Government - State Principal Departments
ARTICLE 35 - Department of Revenue
PART 1 – Organization
24-35-120. Peace officer hiring - required use of waiver - definitions
(1) The department of revenue shall require each candidate that it interviews for
a peace officer position who has been employed by another law enforcement agency
or governmental agency to execute a written waiver that explicitly authorizes each
law enforcement agency or governmental agency that has employed the candidate
to disclose the applicant's files, including internal affairs files, to the department
and releases the department and each law enforcement agency or governmental
agency that employed the candidate from any liability related to the use and
disclosure of the files. A law enforcement agency or governmental agency may
disclose the applicant's files by either providing copies or allowing the department
of revenue to review the files at the law enforcement agency's office or governmental
agency's office. A candidate who refuses to execute the waiver shall not be
considered for employment by the department of revenue. The department of
revenue shall, at least twenty-one days prior to making the hiring decision, submit
the waiver to each law enforcement agency or governmental agency that has
employed the candidate. A state or local law enforcement agency or governmental
agency that receives such a waiver shall provide the disclosure to the department of
revenue not more than twenty-one days after such receipt.
(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited from
providing the disclosure pursuant to a binding nondisclosure agreement to which
the agency is a party, which agreement was executed before June 10, 2016, or
participating in an official oral interview with an investigator regarding the
candidate.
(3) A state or local law enforcement agency or governmental entity is not liable
for complying with the provisions of this section.
(4) As used in this section, unless the context otherwise requires:
(a) "Files" means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel
applications, personnel-related claims, disciplinary actions, and all
complaints, early warnings, and commendations, but does not include
nonperformance or conduct-related data, including medical files, schedules,
pay and benefit information, or similar administrative data or information.
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(b) "State or local law enforcement agency" means:
(I) The Colorado state patrol created pursuant to section 24-33.5-
201;
(II) The Colorado bureau of investigation created pursuant to
section 24-33.5-401;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of
natural resources created pursuant to section 24-1-124; or
(VI) A town marshal's office.
HISTORY: Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1381,
§ 2, effective June 10.
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TITLE 24 – Government – State
ARTICLE 76.5 – Restrictions on Public Benefits
24-76.5-101. Legislative declaration
It is the public policy of the state of Colorado that all persons eighteen years of age
or older shall provide proof that they are lawfully present in the United States prior
to receipt of certain public benefits.
Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 40, § 1, effective July 31.
Cross references: For elections, see title 1; for peace officers and firefighters, see
article 5 of title 29; for state engineer, see article 80 of title 37; for state chemist, see
part 4 of article 1 of title 25; for offenses against government, see article 8 of title
18; for the "Uniform Records Retention Act", see article 17 of title 6.
Law reviews: For article, "2006 Immigration Legislation in Colorado", see 35 Colo.
Law. 79 (October 2006).
24-76.5-102. Definitions
As used in this article, unless the context otherwise requires:
(1) "Emergency medical condition" shall have the same meaning as provided in
42 U.S.C. sec. 1396b (v) (3).
(2) "Federal public benefits" shall have the same meaning as provided in 8
U.S.C. sec. 1611.
(3) "State or local public benefits" shall have the same meaning as provided in 8
U.S.C. sec. 1621.
Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 40, § 1, effective July 31.
24-76.5-103. Verification of lawful presence - exceptions - reporting –
rules
(1) Except as otherwise provided in subsection (3) of this section or where
exempted by federal law, on and after August 1, 2006, each agency or political
subdivision of the state shall verify the lawful presence in the United States of each
natural person eighteen years of age or older who applies for state or local public
benefits or for federal public benefits for the applicant.
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(2) This section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(3) Verification of lawful presence in the United States shall not be required:
(a) For any purpose for which lawful presence in the United States is not
required by law, ordinance, or rule;
(b) For obtaining health care items and services that are necessary for the
treatment of an emergency medical condition of the person involved and are
not related to an organ transplant procedure;
(c) For short-term, noncash, in-kind emergency disaster relief;
(d) For public health assistance for immunizations with respect to
immunizable diseases and for testing and treatment of symptoms of
communicable diseases whether or not such symptoms are caused by a
communicable disease;
(e) For programs, services, or assistance, such as soup kitchens, crisis
counseling and intervention, and short-term shelter specified by federal law
or regulation that:
(I) Deliver in-kind services at the community level, including
services through public or private nonprofit agencies;
(II) Do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the
individual recipient's income or resources; and
(III) Are necessary for the protection of life or safety;
(f) For pregnant women;
(g) For individuals over the age of eighteen years and under the age of
nineteen years who continue to be eligible for medical assistance programs
after their eighteenth birthday;
(h) For renewing an educator license pursuant to article 60.5 of title 22,
C.R.S.; or
(i) For receipt of educational services or benefits from institutions of
higher education, except as may be limited pursuant to section 23-7-110,
C.R.S., including participation in the college opportunity fund program
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pursuant to part 2 of article 18 of title 23, C.R.S., college savings plans
pursuant to section 23-3.1-301, C.R.S., and any other financial benefit of the
institution of higher education relating to attendance at the institution of
higher education.
(4) An agency or a political subdivision shall verify the lawful presence in the
United States of each applicant eighteen years of age or older for federal public
benefits or state or local public benefits by requiring the applicant to:
(a) Produce:
(I) A valid Colorado driver's license or a Colorado identification
card issued under article 2 of title 42, C.R.S., unless the applicant
holds a license or card issued under part 5 of article 2 of title 42,
C.R.S.; or
(II) A United States military card or a military dependent's
identification card; or
(III) A United States Coast Guard Merchant Mariner card; or
(IV) A Native American tribal document; and
(b) Execute an affidavit stating:
(I) That he or she is a United States citizen or legal permanent
resident; or
(II) That he or she is otherwise lawfully present in the United States
pursuant to federal law.
(4.5) Notwithstanding the requirements of subsection (4) of this section, an
institution of higher education may accept a tuition classification certification form
signed by an authorized United States military education services official as
evidence of an applicant's lawful presence in the United States.
(5) (a) Notwithstanding the requirements of paragraph (a) of subsection (4) of
this section, the executive director of the department of revenue shall
promulgate rules providing for additional forms of identification recognized
by the federal government to prove lawful presence and a waiver process to
ensure that an individual seeking benefits pursuant to this section proves
lawful presence in the United States. The rules are necessary to ensure that
certain individuals lawfully present in the United States receive authorized
benefits, including but not limited to homeless state citizens.
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(b) (Deleted by amendment, L. 2007, p. 24, § 1, effective March 1, 2007.)
(c) Repealed.
(6) A person who knowingly makes a false, fictitious, or fraudulent statement or
representation in an affidavit executed pursuant to subsection (4) of this section
shall be guilty of a violation of section 18-8-503, C.R.S. It shall constitute a separate
violation of section 18-8-503, C.R.S., each time that a person receives a public
benefit based upon such a statement or representation.
(7) For an applicant who has executed an affidavit stating that he or she is an
alien lawfully present in the United States, verification of lawful presence for
federal public benefits or state or local public benefits shall be made through the
federal systematic alien verification of entitlement program, referred to in this
section as the "SAVE program", operated by the United States department of
homeland security or a successor program designated by the United States
department of homeland security. Until such verification of lawful presence is
made, the affidavit may be presumed to be proof of lawful presence for purposes of
this section.
(8) Agencies or political subdivisions of this state may adopt variations of the
requirements of paragraph (b) of subsection (4) of this section to improve efficiency
or reduce delay in the verification process or to provide for adjudication of unique
individual circumstances in which the verification procedures in this section would
impose unusual hardship on a legal resident of the state; except that the variations
shall be no less stringent than the requirements of this section.
(9) It shall be unlawful for an agency or a political subdivision of this state to
provide a federal public benefit or a state or local public benefit in violation of this
section. On or before January 15, 2009, and on or before January 15 each year
thereafter, each state agency or department that administers a program that
provides state or local public benefits shall provide a report with respect to its
compliance with this section to the state, veterans, and military affairs committees
of the senate and house of representatives, or any successor committees.
(10) Errors and significant delays by the SAVE program shall be reported to the
United States department of homeland security and to the secretary of state, both of
which monitor the SAVE program and its verification application errors and
significant delays and report yearly on such errors and delays, to ensure that the
application of the SAVE program is not wrongfully denying benefits to legal
residents of the state.
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(11) If any provision of this section or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the section that can be given effect without the invalid provision or
application, and to this end the provisions of this section are declared to be
severable.
Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 41, § 1, effective July 31. L.
2007: (5) amended, p. 24, § 1, effective March 1; (3)(e)(III) and (3)(f) amended and
(3)(g) added, p. 1494, § 7, effective July 1; (4.5) added, p. 1621, § 2, effective July 1.
L. 2008: (9) amended, p. 1269, § 7, effective August 5. L. 2011: (3)(f) and (3)(g)
amended and (3)(h) added, (HB 11-1201), ch. 139, p. 484, § 4, effective May 4. L.
2013: (3)(g) and (3)(h) amended and (3)(i) added, (SB 13-033), ch. 156, p. 505, § 2,
effective April 29; (4)(a)(I) amended, (SB 13-251), ch. 402, p. 2355, § 6, effective
August 7.
Editor's note: (1) Subsection (5)(c)(II) provided for the repeal of subsection (5)(c),
effective July 1, 2007. (See L. 2007, p. 24.)
(2) Section 19 of chapter 402, Session Laws of Colorado 2013, provides that the act
amending subsection (4)(a)(I) applies to applications submitted on or after August 1,
2014.
Cross references: (1) For the legislative declaration contained in the 2007 act
amending subsections (3)(e)(III) and (3)(f) and enacting subsection (3)(g), see section
1 of chapter 347, Session Laws of Colorado 2007.
(2) For the legislative declaration in the 2013 act amending subsections (3)(g) and
(3)(h) and adding subsection (3)(i), see section 3 of chapter 156, Session Laws of
Colorado 2013.
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TITLE 26 – Human Services Code
ARTICLE 13 – Child Support Enforcement Act
26-13-126. Authority to deny, suspend, or revoke professional,
occupational, and recreational licenses
(1) The state board of human services is authorized, in coordination with any
state agency, board, or commission that is authorized by law to issue, revoke, deny,
terminate, or suspend a professional, occupational, or recreational license, to
promulgate rules for the suspension, revocation, or denial of professional,
occupational, and recreational licenses of individuals who owe more than six
months' gross dollar amount of child support and who are paying less than fifty
percent of their current monthly child support obligation each month, or those
individuals who fail, after receiving proper notice, to comply with subpoenas or
warrants relating to paternity or child support proceedings.
(2) (a) To effectuate the purposes of this section, the executive director of the
state department may request the denial, suspension, or revocation of any
professional, occupational, or recreational license issued by a state agency,
board, or commission, referred to in this section as the "licensing agency".
Upon such request, the state child support enforcement agency shall send a
notice to the obligor by first class mail stating that the obligor has thirty days
after the date of the notice within which to pay the past-due obligation, to
negotiate a payment plan with the state child support enforcement agency, to
request an administrative hearing with the delegate child support
enforcement unit, or to comply with the warrant or subpoena. If the obligor
fails to pay the past-due obligation, negotiate a payment plan, request an
administrative hearing, or comply with the warrant or subpoena within
thirty days after the date of the notice, the state child support enforcement
agency shall send a notice to the licensing agency to deny, revoke, or suspend
the professional, occupational, or recreational license of the individual
identified as not in compliance with the court or administrative order for
current child support, child support debt, retroactive child support, child
support arrearages, or child support when combined with maintenance or of
the individual who failed, after receiving appropriate notice, to comply with
subpoenas or warrants relating to paternity or child support proceedings.
(b) The rules promulgated to implement this section shall provide that, if
it is the first time the procedures authorized by this section have been
employed to enforce support against the obligor, the state child support
enforcement agency may only issue a notice to the licensing agency to
suspend or to deny such obligor's license. However, the rules shall also
provide that, in second and subsequent circumstances in which the provisions
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of this section are utilized to enforce support against the obligor, the state
child support enforcement agency shall be authorized to issue a notice to the
licensing agency to revoke an obligor's license, subject to full reapplication
procedures upon compliance as specified by the licensing agency.
(c) No later than thirty days after the date of the notice to the obligor, the
obligor may request in writing that the delegate child support enforcement
unit conduct an administrative review pursuant to the rules and regulations
developed by the state board to implement the provisions of this article.
(d) No later than thirty days after the date of the delegate child support
enforcement unit's decision, the obligor may request in writing an
administrative review from the state child support enforcement agency.
(e) The sole issues to be determined at the administrative review by both
the delegate child support enforcement unit and the state child support
enforcement agency shall be whether there is: A mistake in the identity of the
obligor; a disagreement concerning the amount of the child support debt, an
arrearage balance, retroactive support due, or the amount of the past-due
child support when combined with maintenance; a showing that all child
support payments were made when due; a showing that the individual has
complied with the subpoena or warrant; a showing that the individual was
not properly served with the subpoena or warrant; or a showing that there
was a technical defect with respect to the subpoena or warrant.
(f) The decision of the state child support enforcement agency shall be
final agency action and may be reviewed pursuant to section 24-4-106, C.R.S.
(g) A notice to the licensing agency pursuant to paragraph (a) of this
subsection (2) shall not be sent to the licensing agency unless the obligor has
failed to request a review within the time specified or until a hearing has
been concluded and all rights of review have been exhausted.
(h) Each licensing agency affected may promulgate rules, as necessary,
and procedures to implement the requirements of this section. Such licensing
agencies shall enter into memoranda of understanding, as necessary, with
the state child support enforcement agency with respect to the
implementation of this section. All due process hearings shall be
conducted by the state department rather than the licensing agency.
(i) Nothing in this section shall limit the ability of each licensing agency
to deny, suspend, or revoke a license on any other grounds provided by law.
(j) A licensing agency, or any person acting on its behalf, shall not be
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liable for any actions taken to deny, suspend, or revoke the obligor's license
pursuant to this section.
(3) It is the intent of the general assembly that the same or similar conditions
placed upon the issuance and renewal of a state license to practice a profession or
occupation, as set forth in this section, should also be placed upon persons applying
to or licensed to practice law. The general assembly, however, recognizes the
practice of the Colorado Supreme Court in the licensure, registration, and discipline
of persons practicing law in this state. Specifically, the general assembly
acknowledges that in order to obtain a license to practice law in Colorado, a person
must verify that he or she is not delinquent with respect to a court-ordered
obligation to pay child support. In addition, the general assembly recognizes that
pursuant to the "Colorado Rules of Professional Conduct" a lawyer may be
disciplined, including by disbarment, for failing to pay child support.
(4) Subject to section 24-33-110 (1), C.R.S., for purposes of this section, "license"
means any recognition, authority, or permission that the state or any principal
department of the state or an agent of such department is authorized by law to
issue for an individual to practice a profession or occupation or for an individual to
participate in any recreational activity. "License" may include, but is not necessarily
limited to, any license, certificate, certification, letter of authorization, or
registration issued for an individual to practice a profession or occupation or for an
individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1300, § 43, effective July 1. L. 2004: (4)
amended, p. 1076, § 1, effective May 21.
Cross references: (1) For the legislative declaration contained in the 1997 act
enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
(2) For the "Colorado Rules of Professional Conduct", see the appendix to chapters
18 to 20 of the Colorado Rules of Civil Procedure.
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TITLE 29 – Government – Local
ARTICLE 1 – Budget and Services
PART 2 – Intergovernmental Relationships
29-1-206. Law enforcement agreements
(1) Any county in this state that shares a common border with a county in
another state, and any municipality located in such a bordering county of this state,
may enter into an agreement with the bordering county of the other state or with a
municipality located in the bordering county of the other state to provide for
reciprocal law enforcement between the entities. The agreement shall meet the
requirements of section 29-1-203 and shall include, but shall not be limited to, an
additional requirement that any person who is assigned to law enforcement duty in
this state pursuant to such intergovernmental agreement and section 29-5-104 (2)
shall be certified as a peace officer in the other state and shall apply to the peace
officers standards and training board created pursuant to section 24-31-302, C.R.S.,
for recognition prior to an assignment in Colorado.
(2) Repealed.
Source: L. 93: Entire section added, p. 245, § 1, effective March 31. L. 96: Entire
section amended, p. 1574, § 7, effective June 3. L. 2000: Entire section amended, p.
43, § 4, effective March 10. L. 2008: Entire section amended, p. 698, § 1, effective
May 1.
Editor's note: Subsection (2)(b) provided for the repeal of subsection (2), effective
September 15, 2008. (See L. 2008, p. 698.)
29-1-206.5. Emergency services - agreements - immunity from liability
- definitions
(1) Any county, municipality, or designated special district in this state may
enter into an agreement with a county, municipality, or special district from a state
bordering this state to provide emergency services. The agreement must meet the
requirements of section 29-1-203.
(2) If the governor declares an emergency and activates the "Emergency
Management Assistance Compact", part 29 of article 60 of title 24, C.R.S., any
provision of an agreement authorized under this section that conflicts with a
provision of the compact or a procedural plan or program created in accordance with
the compact is void and unenforceable.
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(3) (a) Any person from another state who is performing a function in this
state under an agreement to provide emergency services authorized in this
section has the same immunity from liability as a person from the county,
municipality, or designated special district of this state performing the same
function.
(b) Any person from this state who is performing a function in another
state under an agreement to provide emergency services authorized in this
section has the same immunity from liability in the other state that he or she
would have when performing the same function in this state.
(4) As used in this section, "designated special district" means a fire protection
district, fire protection authority, ambulance district, or health service district.
HISTORY: Source: L. 2016: Entire section added, (SB 16-063), ch. 51, p. 119, § 1,
effective August 10.
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TITLE 29 – Government – Local
ARTICLE 5 – Peace Officers and Firefighters
29-5-101. Peace officers must be residents – exception
No sheriff, mayor of a city, or other person authorized by law to appoint special
deputy sheriffs, marshals, policemen, or other peace officers in the state to preserve
the public peace and prevent or quell public disturbances shall hereafter appoint as
such special deputy sheriff, marshal, policeman, or other peace officer any person
who is not at the time of the appointment a bona fide resident of the state of
Colorado, and no person shall assume or exercise the functions, powers, duties, or
privileges incident and belonging to the office of special deputy sheriff, marshal,
policeman, or other peace officer without having first received his appointment in
writing from the lawfully constituted authorities of the state. Notwithstanding the
residency requirement stated in this section, a person may be deputized or
otherwise assigned to law enforcement duty pursuant to section 29-5-104 (2)
although such person is not a bona fide resident of this state.
Source: L. 1891: p. 20, § 1.R.S. 08: § 4675.C. L. § 7954.CSA: C. 116, § 1.CRS 53: §
99-2-1. L. 64: p. 296, § 243. C.R.S. 1963: § 99-2-1. L. 93: Entire section amended, p.
245, § 2, effective March 31.
Cross references: For the description of peace officer in the criminal code, see §
16-2.5-101.
29-5-102. Impersonating an officer – penalty (Repealed)
Source: L. 1891: p. 21, § 3. R.S. 08: § 4677. C.L. § 7956. L. 29: p. 306, § 1. CSA:
C. 116, § 3. CRS 53: § 99-2-3. L. 63: p. 339, § 55. C.R.S. 1963: § 99-2-3. L. 64: p.
297, § 245. L. 2004: Entire section repealed, p. 1081, § 3, effective July 1.
29-5-103. Assignment of police officers or deputy sheriffs for
temporary duty
The chief of police or person performing the functions thereof of any town, city, or
city and county or of any state institution of higher education employing peace
officers in accordance with article 7.5 of title 24, C.R.S., or the sheriff of any county
may in his or her discretion, upon request of the chief of police or person exercising
the functions thereof in any other town, city, or city and county or any other state
institution of higher education employing a peace officer in accordance with article
7.5 of title 24, C.R.S., or the sheriff of any other county, assign police officers or
deputies under his or her control, together with any equipment he or she deems
proper, to perform temporary duty within the jurisdiction of the requesting chief of
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police or sheriff and under the direction and command of the requesting chief of
police or sheriff; but the chief of police or sheriff assigning the officers or deputies
may provide that the officers or deputies shall be under the immediate command of
a superior officer designated by the assigning chief of police or sheriff, which
superior officer shall be under the direct supervision and command of the
requesting chief of police or sheriff. Nothing contained in this section or sections 29-
5-104 to 29-5-110 shall be construed to limit the power of any town, city, city and
county, or state institution of higher education employing peace officers in
accordance with article 7.5 of title 24, C.R.S., to prohibit or limit by ordinance the
exercise by a chief of police or sheriff of the discretion granted in sections 29-5-103
to 29-5-110.
Source: L. 63: p. 729, § 1. C.R.S. 1963: § 99-2-4. L. 2008: Entire section amended,
p. 89, § 13, effective March 18.L. 2009: Entire section amended, (SB 09-097), ch.
110, p. 457, § 6, effective August 5.
ANNOTATION
When death of off-duty policeman within workmen's compensation
coverage. The death of an off-duty city police officer killed outside the city limits
while directing traffic in an emergency situation is compensable under the
workmen's compensation act. Conley v. Indus. Comm'n, 43 Colo. App. 10, 601 P.2d
648 (1979).
29-5-104. Request for temporary assignment of police officers or
deputy sheriffs – authority
(1) The chief of police, or person performing the functions thereof, of any town,
city, or city and county or of a state institution of higher education employing a
peace officer in accordance with article 7.5 of title 24, C.R.S., and the sheriff of any
county may, when in his or her opinion the same is required to quell disturbances or
riots or in any other situation wherein he or she deems that an emergency exists
within his or her jurisdiction, request the chief of police or person performing the
function thereof of any other city, town, or city and county or at another state
institution of higher education employing peace officers in accordance with article
7.5 of title 24, C.R.S., or the sheriff of any other county to assign officers or deputy
sheriffs under their respective commands to perform temporary duty within the
jurisdiction of the requesting chief of police or sheriff and under the direction and
control of the requesting chief of police or sheriff under the terms and conditions as
shall be agreed upon between the requesting and assigning chiefs of police or
sheriffs. The officers or deputy sheriffs shall, while so assigned and performing
duties subject to the direction and control of the requesting chief of police or sheriff,
have the same power within the jurisdiction of the requesting chief of police or
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sheriff as do regular officers or deputies, as the case may be, of the requesting chief
of police or sheriff.
(2) Where, under the provisions of section 29-1-206 (1), a county, municipality, or
state institution of higher education, in this state enters into an intergovernmental
agreement for reciprocal law enforcement with a bordering county or with a
municipality within a bordering county that is located in another state, the law
enforcement agency head of either county or municipality or of the state institution
of higher education may, pursuant to the provisions of the intergovernmental
agreement, request the law enforcement agency head of the other county or
municipality or state institution of higher education to assign deputy sheriffs or
other peace officers to perform law enforcement duties within the jurisdiction of the
requesting law enforcement agency head and under the terms and conditions as are
stated in the intergovernmental agreement. Prior to an assignment, the deputy
sheriffs or other peace officers shall obtain recognition as peace officers in this state
as provided for in section 29-1-206 (1). The deputy sheriffs or other peace officers
shall, while so assigned and performing duties subject to the direction and control of
the requesting law enforcement agency head, have the same power within the
jurisdiction of the requesting law enforcement agency head as do regular deputies
or other peace officers of the requesting law enforcement agency head.
(3) Repealed.
Source: L. 63: p. 730, § 2. C.R.S. 1963: § 99-2-5. L. 93: Entire section amended, p.
246, § 3, effective March 31. L. 96: (2) amended, p. 1574, § 8, effective June 3. L.
2000: (2) amended, p. 44, § 5, effective March 10. L. 2008: Entire section amended,
p. 90, § 14, effective March 18; (2) amended and (3) added, p. 699, § 2, effective May
1 .L. 2009: (1) amended, (SB 09-097), ch. 110, p. 457, § 7, effective August 5.
Editor's note: (1) Amendments to subsection (2) by House Bill 08-1106 and House
Bill 08-1347 were harmonized.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective September
15, 2008. (See L. 2008, p. 699.)
ANNOTATION
When death of off-duty policeman within workmen's compensation
coverage. The death of an off-duty city police officer killed outside the city limits
while directing traffic in an emergency situation is compensable under the
workmen's compensation act. Conley v. Indus. Comm'n, 43 Colo. App. 10, 601 P.2d
648 (1979).
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29-5-106. Temporary assignment to labor dispute area
Police or sheriffs' officers may be assigned to any duties provided for in sections 29-
5-103 and 29-5-104 in an area where there is a labor dispute so long as the situation
or incident for which such temporary assignment has been requested is not directly
the result of a labor dispute and does not involve those individuals participating in
the labor dispute. In a case where the temporary assignment of police or sheriffs'
officers is deemed necessary as the direct result of a labor dispute, such temporary
assignment may be made only after authorization by the governor or his designee.
HISTORY: Source: L. 63: p. 730, § 4. C.R.S. 1963: § 99-2-7. L. 89: Entire section
R&RE, p. 1267, § 1, effective April 23.
29-5-108. Liability of requesting jurisdiction
(1) During the time that a police officer, deputy sheriff, or firefighter of a town,
city, city and county, county, or fire protection district or of a state institution of
higher education employing a peace officer in accordance with article 7.5 of title 24,
C.R.S., is assigned to temporary duty within the jurisdiction of another town, city,
city and county, county, or fire protection district, or of another state institution of
higher education employing a peace officer in accordance with article 7.5 of title 24,
C.R.S., as provided in sections 29-5-103 to 29-5-107, any liability that accrues under
the provisions of article 10 of title 24, C.R.S., on account of the negligent or
otherwise tortious act of the police officer, deputy sheriff, or firefighter while
performing the duty shall be imposed upon the requesting town, city, city and
county, county, fire protection district, or state institution of higher education, and
not upon the assigning jurisdiction.
(2) During the time that a person from another state is performing firefighting
duties within the jurisdiction of a county, municipality, fire protection district, or
fire protection authority in this state under an agreement authorized in section 29-
1-206.5 (1), any liability that accrues under the provisions of article 10 of title 24,
C.R.S., on account of the negligent or otherwise tortious act of the firefighter while
performing the duty is imposed upon the county, municipality, fire protection
district, or fire protection authority of this state that is a party to the agreement.
HISTORY: Source: L. 63: p. 731, § 6. C.R.S. 1963: § 99-2-9. L. 71: p. 1215, § 11.L.
97: Entire section amended, p. 1025, § 52, effective August 6. L. 2008: Entire
section amended, p. 91, § 15, effective March 18. L. 2009: Entire section amended,
(SB 09-097), ch. 110, p. 458, § 8, effective August 5. L. 2016: Entire section
amended, (SB 16-063), ch. 51, p. 120, § 2, effective August 10.
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29-5-112. Dog interactions with local law enforcement officers -
training to be provided by local law enforcement agencies - policies
and procedures - scope - task force - creation - composition -
immunity - short title - legislative declaration – definitions
(1) Short title. This section shall be known and may be cited as the "Dog
Protection Act".
(2) Legislative declaration. The general assembly finds, determines, and declares
that it is the policy of this state to prevent, whenever possible, the shooting of dogs
by local law enforcement officers in the course of performing their official duties. It
is therefore the intent of the general assembly to:
(a) Require training for officers of local law enforcement agencies on
differentiating between canine behaviors that indicate imminent danger of
attack to persons and benign behaviors commonly exhibited by dogs, such as
barking, that do not suggest or pose imminent danger of attack;
(b) Require local law enforcement agencies in the state to adopt policies
and procedures for use of lethal and nonlethal force against dogs, which
policies and procedures must:
(I) Emphasize alternative methods that may be employed when
dogs are encountered; and
(II) Allow a dog owner or animal control officer, whenever the owner
or an animal control officer is present and it is feasible, the
opportunity to control or remove a dog from the immediate area in
order to permit a local law enforcement officer to discharge his or her
duties;
(c) Recognize the important work of the dog protection task force in
developing the training and incorporating the specifics of the training
into the statutes. The seventeen members appointed to the task force
represented a victim of a dog shooting, veterinarians, animal welfare
advocates, animal behaviorists, animal control officers, the sheriffs, the
police, and legal professionals. The training includes instruction
regarding a dog's body language and how to interpret it, scene
assessment, tools to use in dog encounters, situations involving
multiple dogs, how to interact with a dog, and responses to dog
behavior. The dog encounters training required by this section was
designed to protect law enforcement officers, animal control officers,
dog owners, innocent bystanders, and the dog. The training is not
intended to provide dangerous dog training. Most importantly, the
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training was designed to limit, as much as feasible, the instances in
which an officer would need to use deadly force against a dog, since the
possibility of collateral damage, injury, or death from stray rounds is
ever-present when a law enforcement officer uses deadly force.
(3) Definitions. As used in this section:
(a) "Dog" means any canine animal owned for domestic, companionship,
service, therapeutic, assistance, sporting, working, ranching, or shepherding
purposes.
(b) "Dog owner" means a person owning, possessing, harboring, keeping,
having guardianship of, having financial or property interest in, or having
control or custody of, a dog.
(c) "Licensed veterinarian" means a person who is licensed pursuant to
article 64 of title 12, C.R.S., to practice veterinary medicine in this state.
(d) "Local law enforcement agency" means a municipal police department
or a county sheriff's office.
(e) "Local law enforcement officer" means any officer in a local law
enforcement agency. The term does not include an animal control officer, code
enforcement officer, or a deputy sheriff who is assigned exclusively to work in
jails, court security, or administration.
(4) Training required.
(a) (I) Each local law enforcement agency is required to provide to its
officers training pertaining to encounters with dogs in the course of
duty. At a minimum, the training must cover the policies and
procedures adopted by the agency pursuant to subsection (6) of this
section and assist officers in assessing what dog posture, barking and
other vocalizations, and facial expressions typically signify, the
options for distracting and escaping from a dog, options for safely
capturing a dog, and defensive options in dealing with a dog.
(II) Each local law enforcement agency in the state shall:
(A) Develop, by September 1, 2014, a training program
consistent with the requirements of this section and the
minimum training curricula developed by the dog protection
task force pursuant to subsection (5) of this section;
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(B) Require its current local law enforcement officers to
complete the training program required by this subsection (4) by
June 30, 2015; and
(C) Require all local law enforcement officers hired on or after
June 30, 2015, to complete the training required by this
subsection (4) within each officer's first year of employment.
(b) (I) In establishing the training program required by this subsection
(4), a local law enforcement agency shall adopt or incorporate any
minimum training curricula developed by the dog protection task force
created in subsection (5) of this section.
(II) (A) The training program required by this subsection (4) must
be wholly or principally provided or overseen by either a
qualified animal behavior expert or licensed veterinarian. The
qualified animal behavior expert or licensed veterinarian
selected to provide the training must possess the minimum
qualifications specified by the dog protection task force created
in subsection (5) of this section.
(B) Nothing in sub-subparagraph (A) of this subparagraph
(II) requires live, in-person training be provided to local law
enforcement agencies by qualified animal behavior experts or
licensed veterinarians.
(III) In order to reduce the costs of providing the training program
required by this subsection (4), a local law enforcement agency may
develop its own web- or video-based training or utilize such training
developed by the dog protection task force under subparagraph (III) of
paragraph (d) of subsection (5) of this section, and local law
enforcement agencies are encouraged to seek qualified animal behavior
experts or licensed veterinarians who will volunteer to provide or
participate in the training.
(IV) A local law enforcement agency may collaborate with county
sheriffs of Colorado, incorporated, the Colorado association of chiefs of
police, the Colorado fraternal order of police, and the Colorado
veterinary medical association, as well as nonprofit organizations
engaged in animal welfare, to develop the training program required
by this subsection (4).
(c) (I) The training program required by this subsection (4) must
consist of a minimum of three hours of training for local law
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enforcement officers.
(II) Nothing in this section prevents a local law enforcement agency
from implementing a training program or adopting policies and
procedures that exceed the minimum number of hours or other
requirements set forth in this section and by the dog protection task
force pursuant to subsection (5) of this section.
(5) Task force.
(a) There is hereby created the dog protection task force.
(b) (I) The task force consists of the following nineteen members:
(A) Three licensed veterinarians appointed by the Colorado
veterinary medical association or its successor entity;
(B) Two representatives of the Colorado federation of animal
welfare agencies or its successor entity;
(C) One animal behaviorist or animal behavior expert
appointed by the Colorado federation of dog clubs or its
successor entity;
(D) Two representatives of the Colorado association of animal
control officers or its successor entity;
(E) Three sheriffs or deputy sheriffs representing county
sheriffs of Colorado, incorporated, or its successor entity, one of
whom must have at least two years of experience working in a
K-9 unit and one of whom must work in a county with a
population of fewer than one hundred fifty thousand persons;
(F) Three representatives of the Colorado association of chiefs
of police or its successor entity, one of whom must have at least
two years of experience working in a K-9 unit and one of whom
must work in a municipality with a population of fewer than
twenty-five thousand persons;
(G) One representative of the Colorado fraternal order of
police or its successor entity;
(H) Three persons appointed by the Colorado bar association
or its successor entity, two of whom must be attorneys with
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expertise and experience in animal law and dog shooting cases,
and one of whom must be a person, who need not be an attorney,
who owns or owned a dog shot by a local law enforcement officer;
and
(I) One member, appointed by the Colorado veterinary
medical association, with expertise in canine behavior or other
animal behavior. Licensed veterinarians and attorneys are
ineligible for appointment under this sub-subparagraph (I).
(II) The entities responsible for appointing task force members shall
notify the Colorado veterinary medical association in writing of the
identity of their appointees prior to the first meeting of the task force
and upon any change in their appointees.
(III) Members of the task force shall not be compensated for, or
reimbursed for expenses incurred in, attending meetings of the task
force.
(IV) The following two members are co-chairs of the task force:
(A) One of the veterinarians appointed pursuant to sub-
subparagraph (A) of subparagraph (I) of this paragraph (b),
which co-chair shall be named by the Colorado veterinary
medical association; and
(B) One of the members appointed pursuant to either sub-
subparagraph (E) or (F) of subparagraph (I) of this paragraph
(b), as mutually agreed to by the appointing authorities.
(c) (I) The task force shall hold its first meeting no later than
September 1, 2013.
(II) (A) The task force shall meet as often as necessary to
complete the tasks described under paragraph (d) of this subsection (5)
on or before July 1, 2014.
(B) After July 1, 2014, and prior to January 31, 2015,the task
force shall meet as often as it deems necessary, but no less
frequently than once, to ensure that the curriculum, guidelines,
and web- or video-based training are implemented and effective.
(III) The task force shall hold its meetings and staff those meetings
in a location offered for those purposes by one of the entities
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represented with task force membership, with preference accorded for
the principal office of the Colorado veterinary medical association.
(d) By July 1, 2014, the task force shall:
(I) Develop minimum training curricula that a local law
enforcement agency must use to fulfill the training requirement of
subparagraph (I) of paragraph (a) of subsection (4) of this section;
(II) Specify the appropriate minimum qualifications, including
education, experience, or skills, that an animal behavior expert or
licensed veterinarian providing the training pursuant to subparagraph
(I) of paragraph (b) of subsection (4) of this section must possess; and
(III) Develop, using volunteered and donated resources to the
greatest extent possible, web- or video-based training that may be
utilized by a local law enforcement agency to fulfill the training
requirement of subsection (4) of this section.
(e) The task force shall not recommend that the training required under
this section be conducted by the peace officers standards and training board
created in part 3 of article 31 of title 24, C.R.S.
(f) The curricula, qualifications, and web- or video-based instruction
described in paragraph (d) of this subsection (5) must be readily accessible by
Colorado's local law enforcement agencies on one or more internet web sites
designated by the task force.
(g) The task force created by paragraph (a) of this subsection (5) is
dissolved, effective January 31, 2015.
(6) Policies and procedures.
(a) (I) In addition to the training program developed under subsection
(4) of this section, not later than September 1, 2014, each local law
enforcement agency in the state shall adopt written policies and
procedures that are specifically designed to address encounters with
dogs occurring in the course of duty and the use of force against such
dogs.
(II) At a minimum, the policies and procedures must address the
following:
(A) The identification and meaning of common canine
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behaviors, and differentiating between dogs that are exhibiting
behavior that puts local law enforcement officers or other
persons in imminent danger and dogs who are not engaging in
such behavior;
(B) The alternatives to lethal use of force against dogs;
(C) The reasonable opportunity for a dog owner to control or
remove his or her dog from the immediate area. The policies and
procedures adopted in accordance with this sub-subparagraph
(C) must allow a local law enforcement officer to take into
account the officer's own safety and the safety of other persons
in the area, the availability of nonlethal equipment, the
feasibility of so allowing a dog owner to act considering the
totality of the circumstances, including the presence of an
animal control officer or whether the call is a location that is
listed in the dangerous dog registry created in section 35-42-115,
C.R.S., or is a location at which illegal narcotics are suspected to
be manufactured or trafficked, or any exigencies that may be
present, such as when the local law enforcement officer is
responding to a call that asserts or suggests that a person has
been bitten by a dog or is in physical danger.
(b) Each local law enforcement agency shall make the written policies and
procedures available to the public for inspection in accordance with the
"Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S.
(7) Immunity. All task force members, as volunteers, are immune from civil
actions and liabilities pursuant to section 13-21-115.5, C.R.S.
(8) Scope and effect.
(a) This section applies only to local law enforcement agencies and is not
intended to affect, implicate, or abrogate the authority of the peace officers
standards and training board created in part 3 of article 31 of title 24, C.R.S.
(b) This section is not intended to apply to situations in which a dog is
shot accidentally, including when a local law enforcement officer intends to
fire at a person but inadvertently shoots a dog.
(c) Nothing in this section affects or abrogates the ability of any duly
authorized person to impound or euthanize a dog in accordance with section
18-9-202.5, C.R.S., or in accordance with any resolution adopted pursuant to
section 30-15-101, C.R.S.
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HISTORY: Source: L. 2013: Entire section added, (SB 13-226), ch. 208, p. 858, § 2,
effective May 13. L. 2015: IP(2), (4)(a)(II)(B), and (4)(a)(II)(C) amended and (2)(c)
added, (SB 15-013), ch. 68, p. 185, § 2, effective April 3.
Editor's note: The dog protection task force referenced in subsection (2)(c) was
dissolved, effective January 31, 2015.
Cross references: (1) For the legislative declaration in the 2013 act adding this
section, see section 1 of chapter 208, Session Laws of Colorado 2013.
(2) For the legislative declaration in SB 15-013, see section 1 of chapter 68, Session
Laws of Colorado 2015.
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TITLE 30 – Government – County
ARTICLE 10 – County Officers
PART 5 – Sheriff
30-10-501.5. Qualifications
(1) No person shall be eligible for nomination, election, or appointment to the
office of sheriff unless such person:
(a) Is a citizen of the United States, is a citizen of the state of Colorado,
and is a resident of the county to which the person is to be appointed or
elected;
(b) Possesses a high school diploma or its equivalent or a college degree;
(c) Has had a complete set of fingerprints taken by a qualified law
enforcement agency and submitted a receipt evidencing such fingerprinting
at the time of filing his or her written acceptance pursuant to section 1-4-601
(3), 1-4-906, or 1-4-1002 (5), C.R.S., or a candidate filing an affidavit of intent
pursuant to section 1-4-1101, C.R.S. Such law enforcement agency shall
forward the fingerprints to the Colorado bureau of investigation. The bureau
shall utilize such fingerprints, its files and records, and those of the federal
bureau of investigation for the purpose of determining whether the person
has ever been convicted of or pleaded guilty or entered a plea of nolo
contendere to any felony charge under federal or state laws. The Colorado
bureau of investigation shall notify the county clerk and recorder of the
county wherein the person is a candidate of the results of the fingerprint
analysis. In the event that a conviction or plea is disclosed, such person shall
be deemed unqualified for the office of sheriff, unless pardoned. The results
of such fingerprint analysis shall be confidential; except that the county clerk
and recorder may divulge whether such person is qualified or unqualified for
the office of sheriff.
Source: L. 90: Entire section added, p. 1444, § 1, effective April 5; (1)(c) and IP(2)
amended, p. 303, § 4, effective June 8. L. 95: (1)(c) amended, p. 1106, § 46, effective
May 31. L. 97: Entire section R&RE, p. 925, § 1, effective May 21.
ANNOTATION
When the general assembly enacted the original sheriff training statute in 1990, §
30-10-101.5, it lacked authority to impose any qualifications on the constitutionally
created office of county sheriff. Jackson v. State, 966 P.2d 1046 (Colo. 1998).
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Because the original sheriff training statute sought to impose qualifications for the
job of sheriff in the form of certification requirements, it was unconstitutional.
Jackson v. State, 966 P.2d 1046 (Colo. 1998).
The training and certification requirements contained in the reenacted sheriff
training statute passed by the general assembly in 1996 could not be applied to
county sheriffs during a term of office that began before the effective date of the new
requirements. Jackson v. State, 966 P.2d 1046 (Colo. 1998).
30-10-501.6. Training
(1) Every person elected or appointed to the office of sheriff for the first time
shall:
(a) Attend a minimum of eighty clock hours at a new sheriff training
course developed and facilitated either by the county sheriffs of Colorado,
incorporated, or any other training resource agency approved by the Colorado
peace officers standards and training board, the first time such training
course is given after the person's election or appointment. The Colorado peace
officers standards and training board shall have discretion to allow the
substitution of any combination of education, experience, and training
deemed by the board to be equivalent to such new sheriff training course.
(b) Obtain basic peace officer certification within one year of taking office.
An extension may be granted by the Colorado peace officers standards and
training board of up to one year to obtain such certification upon just cause
shown. The Colorado peace officers standards and training board shall issue
written findings of fact supporting such an extension.
(2) Every sheriff must possess basic peace officer certification and shall undergo
at least twenty clock hours of in-service training provided by the county sheriffs of
Colorado, incorporated, every year during such sheriff's term. The Colorado peace
officers standards and training board shall have discretion to waive in-service
training upon presentation of evidence by the sheriff demonstrating just cause for
noncompletion of such training. The Colorado peace officers standards and training
board shall have discretion to allow the substitution of any combination of
education, experience, and training deemed by the board to be equivalent to such in-
service training of at least twenty clock hours annually.
(3) The county shall only pay all reasonable costs and expenses of new sheriff
and in-service training.
Source: L. 97: Entire section added, p. 926, § 2, effective May 21.
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30-10-501.7. Enforcement
(1) In the event a sheriff fails to comply with the requirements set forth in
section 30-10-501.6, such sheriff's pay must be suspended by the board of county
commissioners in accordance with subsection (2) of this section. Such sheriff's pay
shall be reinstated with back pay by the board of county commissioners upon
completion of said requirements in accordance with subsection (2) of this section.
(2) In any circumstances set forth in subsection (1) of this section, the Colorado
peace officers standards and training board shall notify the board of county
commissioners of the sheriff's failure to comply with the requirements of said
subsection (1) and that state law requires the county commissioners to immediately
suspend such sheriff's pay until the requirements of section 30-10-501.6 have been
complied with. After the sheriff's compliance with the provisions of section 30-10-
501.6, the Colorado peace officers standards and training board shall immediately
notify the board of county commissioners of the sheriff's compliance and that state
law requires the board of county commissioners to reinstate such sheriff's pay and
provide him or her any back pay.
Source: L. 97: Entire section added, p. 926, § 2, effective May 21.
30-10-526. Sheriff office hiring - required use of waiver - definitions
(1) A sheriff's office shall require each candidate that it interviews for a peace
officer position who has been employed by another law enforcement agency or
governmental agency to execute a written waiver that explicitly authorizes each law
enforcement agency or governmental agency that has employed the candidate to
disclose the applicant's files, including internal affairs files, to the interviewing
sheriff's agency and releases the interviewing sheriff's office and each law
enforcement agency or governmental agency that employed the candidate from any
liability related to the use and disclosure of the files. A law enforcement agency or
governmental agency may disclose the applicant's files by either providing copies or
allowing the sheriff's office to review the files at the law enforcement agency's office
or governmental agency's office. A candidate who refuses to execute the waiver shall
not be considered for employment by the sheriff's office. The sheriff's office
interviewing the candidate shall, at least twenty-one days prior to making the
hiring decision, submit the waiver to each law enforcement agency or governmental
agency that has employed the candidate. A state or local law enforcement agency or
governmental agency that receives such a waiver shall provide the disclosure to the
sheriff's office that is interviewing the candidate not more than twenty-one days
after such receipt.
(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited from
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providing the disclosure pursuant to a binding nondisclosure agreement to which
the agency is a party, which agreement was executed before June 10, 2016.
(3) A state or local law enforcement agency or governmental agency is not liable
for complying with the provisions of this section or participating in an official oral
interview with an investigator regarding the candidate.
(4) As used in this section, unless the context otherwise requires:
(a) "Files" means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel
applications, personnel related claims, disciplinary actions, and all
complaints, early warnings, and commendations, but does not include
nonperformance or conduct-related data, including medical files, schedules,
pay and benefit information, or similar administrative data or information.
(b) "State or local law enforcement agency" means:
(I) The Colorado state patrol created pursuant to section 24-33.5-
201, C.R.S.;
(II) The Colorado bureau of investigation created pursuant to
section 24-33.5-401, C.R.S.;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of
natural resources created pursuant to section 24-1-124, C.R.S.; or
(VI) A town marshal's office.
HISTORY: Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1383,
§ 3, effective June 10.
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TITLE 31. Government - Municipal
Powers and Functions of Cities and Towns
ARTICLE 30. Fire - Police - Sanitation
PART 1. Fire, Police, or Street Department - Paid - Civil Service
31-30-108. Peace officer hiring - required use of waiver - definitions
(1) A municipal police department or town marshal's office shall require each
candidate that it interviews for a peace officer position who has been employed by
another law enforcement agency or governmental agency to execute a written
waiver that explicitly authorizes each law enforcement agency or governmental
agency that has employed the candidate to disclose the applicant's files, including
internal affairs files, to the municipal police department or town marshal's office
interviewing the candidate and releases the interviewing agency and each law
enforcement agency or governmental agency that employed the candidate from any
liability related to the use and disclosure of the files. A law enforcement agency or
governmental agency may disclose the applicant's files by either providing copies or
allowing the municipal police department or town marshal's office to review the
files at the law enforcement agency's office or governmental agency's office. A
candidate who refuses to execute the waiver shall not be considered for employment
by the department or office. The department or office interviewing the candidate
shall, at least twenty-one days prior to making the hiring decision, submit the
waiver to each law enforcement agency or governmental agency that has employed
the candidate. A state or local law enforcement agency or governmental agency that
receives such a waiver shall provide the disclosure to the municipal police
department or town marshal's office that is interviewing the candidate not more
than twenty-one days after such receipt.
(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited from
providing the disclosure pursuant to a binding nondisclosure agreement to which
the agency is a party, which agreement was executed before the effective date of
this section.
(3) A state or local law enforcement agency or governmental agency is not liable
for complying with the provisions of this section or participating in an official oral
interview with an investigator regarding the candidate.
(4) As used in this section, unless the context otherwise requires:
(a) "Files" means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel
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applications, personnel related claims, disciplinary actions, and all
complaints, early warnings, and commendations, but does not include
nonperformance or conduct-related data, including medical files, schedules,
pay and benefit information, or similar administrative data or information.
(b) "State or local law enforcement agency" means:
(I) The Colorado state patrol created pursuant to section 24-33.5-
201, C.R.S.;
(II) The Colorado bureau of investigation created pursuant to
section 24-33.5-401, C.R.S.;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of
natural resources created pursuant to section 24-1-124, C.R.S.; or
(VI) A town marshal's office.
HISTORY: Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1384,
§ 4, effective June 10.
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TITLE 33. Parks and Wildlife
Administration
ARTICLE 9.Administration of Parks and Wildlife
33-9-112. Peace officer hiring - required use of waiver - definitions
(1) The division shall require each candidate that it interviews for a peace officer
position who has been employed by another law enforcement agency or
governmental agency to execute a written waiver that explicitly authorizes each law
enforcement agency or governmental agency that has employed the candidate to
disclose the applicant's files, including internal affairs files, to the division and
releases the division and each law enforcement agency or governmental agency that
employed the candidate from any liability related to the use and disclosure of the
files. A law enforcement agency or governmental agency may disclose the
applicant's files by either providing copies or allowing the division to review the files
at the law enforcement agency's office or governmental agency's office. A candidate
who refuses to execute the waiver shall not be considered for employment by the
division. The division shall, at least twenty-one days prior to making the hiring
decision, submit the waiver to each law enforcement agency or governmental agency
that has employed the candidate. A state or local law enforcement agency or
governmental agency that receives such a waiver shall provide the disclosure to the
division not more than twenty-one days after such receipt.
(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited from
providing the disclosure pursuant to a binding nondisclosure agreement to which
the agency is a party, which agreement was executed before June 10, 2016.
(3) A state or local law enforcement agency or governmental agency is not liable
for complying with the provisions of this section or participating in an official oral
interview with an investigator regarding the candidate.
(4) As used in this section, unless the context otherwise requires:
(a) "Files" means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel
applications, personnel-related claims, disciplinary actions, and all
complaints, early warnings, and commendations, but does not include
nonperformance or conduct-related data, including medical files, schedules,
pay and benefit information, or similar administrative data or information.
(b) "State or local law enforcement agency" means:
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(I) The Colorado state patrol created pursuant to section 24-33.5-
201, C.R.S.;
(II) The Colorado bureau of investigation created pursuant to
section 24-33.5-401, C.R.S.;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of
natural resources created pursuant to section 24-1-124, C.R.S.; or
(VI) A town marshal's office.
HISTORY: Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1385,
§ 5, effective June 10.
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TITLE 39 – Taxation - Specific Taxes
ARTICLE 28.8 - Taxes On Marijuana And Marijuana Products
PART 5. Marijuana Tax Cash Fund
39-28.8-501. Marijuana tax cash fund - creation - distribution – repeal
(1) The marijuana tax cash fund, referred to in this part 5 as the "fund", is
created in the state treasury. The fund consists of any applicable retail marijuana
sales tax transferred pursuant to section 39-28.8-203 (1) (b) on or after July 1, 2014,
and any revenues transferred to the fund from any sales tax imposed pursuant
to section 39-26-106 on the retail sale of products under articles 43.3 and 43.4 of
title 12, C.R.S.
(2) (a) The general assembly shall not appropriate the moneys in the fund for
the fiscal year in which they were received by the state; except that:
(I) The general assembly may appropriate moneys in the fund to
the department of revenue for the fiscal years in which they were
received by the state for the direct and indirect costs associated with
implementing this article and articles 43.3 and 43.4 of title 12, C.R.S.;
and
(II) For the 2014-15 fiscal year only, the general assembly may
appropriate up to four million seven hundred forty-four thousand two
hundred fifty-four dollars from moneys in the fund that the state
received during the 2014-15 fiscal year to support the programs funded
by the general assembly through Senate Bill 14-215, enacted in 2014,
for the 2014-15 fiscal year. This subparagraph (II) is repealed, effective
July 1, 2015.
(b) (I) The general assembly hereby finds and declares that the retail
marijuana excise tax and sales tax created a new revenue stream for
the state, and the basis of these taxes is the legalization of marijuana,
which presents unique issues and challenges for the state and local
governments. Thus, there is a need to use some of the sales tax
revenue for marijuana-related purposes. But, as this is revenue from a
tax, the general assembly may appropriate this money for any purpose.
(II) The general assembly further declares that the new retail
marijuana tax revenue presents an opportunity to invest in services,
support, intervention, and treatment related to marijuana and other
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drugs.
(III) Therefore, the purposes identified in this subsection (2)
prioritize appropriations related to legalized marijuana, such as
drug use prevention and treatment, protecting the state's youth, and
ensuring the public peace, health, and safety.
(IV) Subject to the limitation in subsection (5) of this section, the
general assembly may annually appropriate any moneys in the fund
for any fiscal year following the fiscal year in which they were received
by the state for the following purposes:
(A) To educate people about marijuana to prevent its illegal
use or legal abuse;
(B) To provide services for adolescents and school-aged
children in school settings or through community-based
organizations;
(C) To treat people with any type of substance-abuse disorder,
especially those with co-occurring disorders;
(D) For jail-based and other behavioral health services for
persons involved in the criminal justice system through the
correctional treatment cash fund created in section 18-19-103 (4)
(a), C.R.S.;
(E) For state regulatory enforcement, policy coordination, or
litigation defense costs related to retail or medical marijuana;
(F) For law enforcement and law enforcement training,
including any expenses for the police officers standards and
training board training or certification;
(G) For the promotion of public health, including poison
control, prescription drug take-back programs, the creation of a
marijuana laboratory testing reference library, and other public
health services related to controlled substances;
(H) To study the use of marijuana and other drugs, their
health effects, and other social impacts related to them;
(I) To research, regulate, study, and test industrial hemp or
hemp seeds;
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(J) For the start-up expenses of the division of financial
services related to the regulation of marijuana financial services
cooperatives pursuant to article 33 of title 11, C.R.S., until the
state commissioner of financial services first collects
assessments on such cooperatives; and
(K) Grants to local governments for documented retail
marijuana impacts through the local government retail
marijuana impact grant program created in section 24-32-117,
C.R.S.
(c) Subject to the limitations in subsection (5) of this section and in
addition to the purposes for which the general assembly may
appropriate moneys in the fund specified in paragraphs (a) and (b) of
this subsection (2), the general assembly may also direct the state
treasurer to transfer moneys in the fund to the general fund as
specified in subsection (4) of this section. The general assembly
may direct the state treasurer to make such transfers only for a
fiscal year following the fiscal year in which the moneys in the fund
were received by the state.
(3) Any moneys in the fund not expended for the purposes specified in
subsection (2) of this section may be invested by the state treasurer as
provided by law. All interest and income derived from the investment and
deposit of moneys in the fund shall be credited to the fund. Any unexpended
and unencumbered moneys remaining in the fund at the end of a fiscal year
remain in the fund and shall not be credited or transferred to the general
fund or another fund. All interest and income derived from the investment
and deposit of moneys in the fund are subject to annual appropriation by the
general assembly for any fiscal year following the fiscal year in which they
were received by the state.
(4) The state treasurer shall make the following transfers from the fund to
the general fund:
(a) (I) On June 30, 2015, two million dollars for the purposes
specified in section 39-26-123 (6).
(II) This paragraph (a) is repealed, effective July 1, 2016.
(b) On June 30, 2015, thirty million eight hundred eight thousand
three hundred sixty-nine dollars;
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(c) On August 15, 2015, one hundred thirty-eight thousand four
hundred sixty-six dollars.
(5) Beginning with appropriations made for the 2015-16 state fiscal year,
the total amount that the general assembly appropriates from the fund shall
not exceed ninety-three and one-half percent of the amount of moneys in
thfund available for appropriation.
(6) To increase transparency, the marijuana enforcement division in the
department shall include a link on its web site that describes the disposition
of the retail marijuana excise tax revenue and how the revenue from the fund
was appropriated for the fiscal year 2015-16 and each fiscal year thereafter.
Source: L. 2014: (2)(b)(XI) and (2)(b)(XII) amended and (2)(b)(XIV)
added,(SB 14-184), ch. 315, p. 1370, § 10, effective May 31; entire part
added, (SB 14-215), ch. 352, p. 1600, § 2, effective July 1; (2)(b)(XI) and
(2)(b)(XII) amended and (2)(b)(XV) added, (HB 14-1398), ch. 353, p. 1646, §
5, effective July 1. L. 2015: (2)(a), IP(2)(b), and (4)(b) amended, (SB 15-167),
ch. 15, p. 37, § 1, effective March 13; (4)(b) amended, (SB 15-249), ch. 136, p.
416, § 1, effective May 1; (1) amended, (2)(b) R&RE, and (6) added, (HB 15-
1367), ch. 271, p. 1069, § 7, effective June 4; (4)(c) added, (HB 15-1379), ch.
250, p. 913, § 5, effective August 5.
Editor's note: (1) Subsection (2)(b)(XV) was numbered as (2)(b)(XIII) in HB
14-1398 but has been renumbered on revision for ease of location.(2)
Subsection IP(2)(b) was amended in SB 15-167. Those amendments were
superseded by the repeal and reenactment of subsection (2)(b) in HB 15-1367,
effective June 4, 2015. For the amendments to subsection IP(2)(b) in SB 15-
167 in effect from March 13, 2015, to June 4, 2015, see chapter 15, Session
Laws of Colorado 2015. (L. 2015, p. 37.)
Cross references: For the legislative declaration in HB 15-1367, see section
1 of chapter 271, Session Laws of Colorado 2015.
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TITLE 42 – Vehicles and Traffic
ARTICLE 1 – General and Administrative
PART 1 – Definitions and Citation
42-1-102. Definitions
(6) "Authorized emergency vehicle" means such vehicles of the fire department,
police vehicles, ambulances, and other special-purpose vehicles as are publicly
owned and operated by or for a governmental agency to protect and preserve life
and property in accordance with state laws regulating emergency vehicles; said
term also means the following if equipped and operated as emergency vehicles in
the manner prescribed by state law:
(a) Privately owned vehicles as are designated by the state motor vehicle
licensing agency necessary to the preservation of life and property; or
(b) Privately owned tow trucks approved by the public utilities
commission to respond to vehicle emergencies.
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TITLE 42 – Vehicles and Traffic
ARTICLE 3 – Registration, Taxation, and License Plates
PART 3 – Fees and Cash Funds
42-3-304. Registration fees – passenger and passenger-mile taxes –
clean screen fund – repeal
(24) In addition to any other fee imposed by this section, at the time of
registration, the owner shall pay a fee of one dollar on every item of Class A, B, or C
personal property required to be registered pursuant to this article.
Notwithstanding the requirements of section 43-4-203, C.R.S., such fee shall be
transmitted to the state treasurer, who shall credit the same to the peace officers
standards and training board cash fund, created in section 24-31-303 (2) (b), C.R.S.;
except that county clerks and recorders shall be entitled to retain five percent of the
fee collected to cover the clerks' expenses in the collection and remittance of such
fee. All of the moneys in the fund that are collected pursuant to this subsection (24)
shall be used by the peace officers standards and training board for the purposes
specified in section 24-31-310, C.R.S.
Source: L. 2005: (13) and (18)(d)(I) amended, p. 145, § 21, effective April 5; entire
article amended with relocations, p. 1136, § 2, effective August 8; (18)(c) amended,
p. 328, § 1, effective August 8. L. 2006: (10)(b) amended, p. 1511, § 71, effective
June 1; (1)(c) amended, p. 1011, § 5, effective July 1; (19)(a)(I), (19)(a)(II), and
(19)(d) amended and (19)(a)(IV) added, p. 1030, § § 12, 11, effective July 1; (3)(g) and
(3)(h) added, p. 921, § 4, effective January 1, 2007. L. 2009: (1)(c) and (18)(d)
amended, (SB 09-274), ch. 210, p. 955, § 8, effective May 1; (21) amended, (SB 09-
002), ch. 277, p. 1242, § 1, effective May 19; (24) amended, (HB 09-1036), ch. 300, p.
1601, § 1, effective July 1; (4), (5), and (6)(a) amended, (HB 09-1026), ch. 281, p.
1268, § 29, effective October 1; (18)(d) amended, (HB 09-1026), ch. 281, p. 1268, §
30, effective July 1, 2010. L. 2010: (18)(d)(I) amended, (HB 10-1387), ch. 205, p. 890,
§ 7, effective May 5; (18)(d)(I) amended, (HB 10-1341), ch. 285, p. 1336, § 1,
effective May 26; (2), IP(9), IP(10)(a), (10)(b), (10)(c), (11), (14), and (17)(a) amended
and (23) repealed, (SB 10-212), ch. 412, pp. 2036, 2032, § 12, 1, effective July 1; (14)
and (15) amended, (HB 10-1172), ch. 320, p. 1491, § 11, effective October 1. L. 2011:
IP(18)(d)(I) amended, (HB 11-1182), ch. 124, p. 387, § 1, effective April 22; (1)(b)(II)
repealed, (HB 11-1004), ch. 136, p. 475, § 2, effective August 10; (12) amended, (HB
11-1198), ch. 127, p. 425, § 24, effective August 10. L. 2012: (18)(d)(I) amended, (HB
12-1216), ch. 80, p. 267, § 6, effective July 1; (19)(a)(I) amended and (19)(a)(IV)
repealed, (SB 12-034), ch. 107, p. 362, § 1, effective August 8. L. 2013: (25)
added, (HB 13-1110), ch. 225, p. 1064, § 12, effective January 1, 2014. L. 2014:
(25)(c)(II) amended, (HB 14-1027), ch. 6, p. 88, § 1, effective February 19; (18)(d)(I)
amended, (SB 14-194), ch. 346, p. 1551, § 19, effective June 5; (24) amended, (SB 14-