2014
POST
MANUAL
Colorado Department of Law
Criminal Justice Section, POST Board
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 9th Floor
Denver CO 80203
720-508-6721
E-Mail: post@state.co.us
POST Web Site:
http://www.coloradoattorneygeneral.gov/departments/criminal_justice/post_board
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.
BOARD AND STAFF VISION
Integrity, ethics, innovation, customer
service, focus on mission, honest
communication, results orientation, a pledge
to excellence, resource responsibility,
enlightened and authentic leadership, a
future orientation and service to the Colorado
community.
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.
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TABLE OF CONTENTS
COLORADO REVISED STATUTES
Title 6 Consumer and Commercial Affairs
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 - ARTICLE 2.5 Peace Officers
PART 1 Peace Officers .................................................................................. A-5
16-2.5-101. Peace officer description general authority ...................... A-5
16-2.5-102. Certified peace officer POST certification required. .......... A-6
16-2.5-103. Sheriff undersheriff certified deputy sheriff
noncertified deputy sheriff...................................................... A-6
16-2.5-104. Coroner. .................................................................................... A-7
16-2.5-105. Police officer. ............................................................................ A-7
16-2.5-106. Southern Ute Indian police officer. ......................................... A-7
16-2.5-107. Ute Mountain Ute Indian police officer. ................................. A-7
16-2.5-108. Town marshal deputy. .......................................................... A-7
16-2.5-109. Fire arson investigator. ........................................................... A-8
16-2.5-110. Reserve police officer reserve deputy sheriff reserve
deputy town marshal definitions. ......................................... A-8
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-10
16-2.5-112. Director of the division of homeland security and emergency
management. .......................................................................... A-10
16-2.5-113. Colorado bureau of investigation director agent ............... A-10
16-2.5-114. Colorado state patrol officer. ................................................. A-11
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16-2.5-115. Port of entry officer. .............................................................. A-11
16-2.5-116. Colorado wildlife officer special wildlife officer. ............... A-11
16-2.5-117. Colorado parks and recreation officer - special parks and
recreation officer. ................................................................. A-11
16-2.5-118. Commissioner of agriculture. ............................................... A-12
16-2.5-119. State brand inspector. .......................................................... A-12
16-2.5-120. Colorado state higher education security officer. ................ A-12
16-2.5-121. Executive director of the department of revenue senior
director of enforcement for the department of revenue. ..... A-12
16-2.5-122. Auto industry investigator. .................................................. A-13
16-2.5-123. Director of the division of gaming gaming investigator. .. A-13
16-2.5-124. Liquor enforcement investigator. ......................................... A-13
16-2.5-124.5. Director of marijuana enforcement and marijuana
enforcement investigator ..................................................... A-13
16-2.5-125. State lottery investigator. ................................................... A-14
16-2.5-126. Director of racing events racing events supervisor
racing events investigator. ................................................. A-14
16-2.5-127. State student loan investigator. .......................................... A-14
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-14
16-2.5-129. Attorney general criminal investigator. ............................. A-15
16-2.5-130. POST director POST board investigator. ........................ A-15
16-2.5-131. Chief security officer for the general assembly. ................. A-15
16-2.5-132. District attorney - assistant district attorney - chief
deputy district attorney - deputy district attorney -
special deputy district attorney - special prosecutor. ........ A-15
16-2.5-133. District attorney chief investigator district attorney
investigator........................................................................... A-16
16-2.5-134. Department of corrections inspector general department
of corrections investigator. .................................................. A-16
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16-2.5-135. Executive director of the department of corrections
warden corrections officer. ................................................ A-16
16-2.5-136. Community parole officer. ................................................... A-16
16-2.5-137. Adult probation officer......................................................... A-17
16-2.5-138. Juvenile probation officer juvenile parole officer. ........... A-17
16-2.5-139. Police administrator police officer employed by the
Colorado mental health institute at Pueblo. ....................... A-17
16-2.5-140. Correctional security officer employed by the Colorado
mental health institute at Pueblo. ..................................... A-17
16-2.5-141. Colorado state security guard. ............................................ A-18
16-2.5-142. Railroad peace officer. ......................................................... A-18
16-2.5-143. Public utilities commission member. .................................. A-18
16-2.5-144. Colorado National Guardsman. .......................................... A-18
16-2.5-145. Municipal court marshal ..................................................... A-18
16-2.5-146. Public transit officer definitions. ..................................... A-19
16.25-147. Federal special agents. ........................................................ A-19
16-2.5-148. Colorado state higher education police officer. ................... A-21
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-21
16-2.5-150. Fort Carson police officers ................................................... A-22
16-2.5-151. Federal secret service agents .............................................. A-22
TITLE 16 Criminal Proceedings - ARTICLE 2.5 Peace Officers
Part 2 Sunrise Review of Peace Officer Status ......................................... A-25
16-2.5-201. General assembly sunrise review of groups seeking
statutory peace officer status. ............................................ A-25
16-2.5-202. POST board review of peace officer status. ........................ A-26
16-2.5-203. Rules. .................................................................................... A-27
TITLE 18 Criminal Code - ARTICLE 5 Offenses Involving Fraud
PART 1 Forgery, Simulation, Impersonation, and Related Offenses ...... A-29
18-5-114. Offering a false instrument for recording ............................ A-29
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TITLE 18 Criminal Code -
ARTICLE 8 Offenses Governmental Operations
PART 1 Obstruction of Public Justice ....................................................... A-31
18-8-112. Impersonating a peace officer. ............................................ A-31
TITLE 24 Government State - ARTICLE 7 State Security Officers ......... A-33
24-7-100.2. Legislative declaration. ....................................................... A-33
24-7-101. State Institutions authorized to employ security officers. . A-33
24-7-102. Supervision and control. ...................................................... A-34
24-7-103. Powers conferred. ................................................................ A-34
24-7-104. State property not exempt from local law enforcement. .... A-34
24-7-105. Officers’ qualifications. ........................................................ A-35
24-7-106. Peace officers standards and training board evaluation
and recommendation legislative authorization of peace
officer status required. ........................................................ A-35
TITLE 24 Government State
ARTICLE 7.5 Colorado Higher Education Police Officers ........................ A-37
24-7.5-101. State institutions of higher education authorized to
employ police officers. ......................................................... A-37
24-7.5-102. Supervision and control. ...................................................... A-37
24-7.5-103. Powers conferred. ................................................................ A-37
24-7.5-104. State institution of higher education property not exempt
from local law enforcement. ................................................ A-38
24-7.5-105. Officers’ qualifications. ........................................................ A-38
24-7.5-106. Peace officers standards and training board evaluation
and recommendation legislative authorization of peace
officer status required. ........................................................ A-38
TITLE 24 Government State - ARTICLE 31 Department of Law
PART 1 Attorney General .......................................................................... A-39
24-31-105. Criminal enforcement section ............................................. A-39
24-31-107. Applications for licenses authority to suspend licenses
rules ..................................................................................... A-39
TITLE 24 Government State - ARTICLE 31 Department of Law
PART 3 Peace Officer Standards and Training ........................................ A-41
24-31-301. Definitions. .......................................................................... A-41
24-31-302. Creation of board. ............................................................... A-42
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24-31-303. Duties - powers of the P.O.S.T. board ................................. A-43
24-31-304. Applicant for training fingerprint-based criminal
history record check. ........................................................... A-46
24-31-305. Certification - issuance - renewal - revocation .................. A-47
24-31-306. Qualifications for peace officers. (Repealed) ..................... A-51
24-31-307. Enforcement. ....................................................................... A-51
24-31-308. Reciprocity provisional certificate. .................................. A-52
24-31-309. Profiling officer identification training. ....................... A-53
24-31-310. Resources for the training of peace officers peace
officers in rural jurisdictions legislative declaration. ..... A-54
24-31-311. DNA evidence collection retention. .............................. A-55
24-31-312. School resource officer training .......................................... A-56
24-31-313. Training concerning abuse and exploitation of at-risk
elders.................................................................................... A-57
24-31-314. Advanced roadside impaired driving enforcement
training ................................................................................ A-57
TITLE 24 Government State-
ARTICLE 76.5 Restrictions on Public Benefits ........................................... A-59
24-76.5-101. Legislative declaration. ....................................................... A-59
24-76.5-102. Definitions. ........................................................................... A-59
24-76.5-103. Verification of lawful presence - exceptions - reporting
rules ..................................................................................... A-59
TITLE 26 Human Services Code
ARTICLE 13 Child Support Enforcement Act .......................................... A-65
26-13-126. Authority to deny, suspend, or revoke professional,
occupational, and recreational licenses. ............................. A-65
TITLE 29 Government Local - ARTICLE 1 Budget and Services
PART 2 Intergovernmental Relationships ................................................ A-69
29-1-206. Law enforcement agreements. ............................................ A-69
TITLE 29 Government Local
ARTICLE 5 Peace Officers and Firefighters ............................................. A-71
29-5-101. Peace officers must be residents exception. .................... A-71
29-5-102. Impersonating an officer penalty. (Repealed) ................ A-71
29-5-103. Assignment of police officers or deputy sheriffs for
temporary duty. ................................................................... A-71
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29-5-104. Request for temporary assignment of police officers or
deputy sheriffs authority. ................................................ A-72
29-5-106. Temporary assignment to labor dispute area. ................... A-73
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 - definitions - short title - legislative
declaration. .......................................................................... A-74
TITLE 30 Government County - ARTICLE 10 County Officers
PART 5 Sheriff ............................................................................................ A-81
30-10-501.5. Qualifications. ..................................................................... A-81
30-10-501.6. Training. .............................................................................. A-82
30-10-501.7. Enforcement. ....................................................................... A-83
TITLE 42 Vehicles and Traffic - ARTICLE 1 General and Administrative
PART 1 Definitions and Citation ............................................................... A-85
42-1-102. Definitions. .......................................................................... A-85
TITLE 42 Vehicles and Traffic
ARTICLE 3 Registration, Taxation, and License Plates
PART 3 Fees and Cash Funds ................................................................... A-87
42-3-304. Registration fees passenger and passenger-mile taxes
clean screen fund repeal .................................................. A-87
TITLE 42 Vehicles and Traffic
ARTICLE 5 Automobile Theft Law Inspection of Motor Vehicle
Identification Numbers
PART 2 Vehicle Identification Number Inspection ................................... A-89
42-5-201. Definitions. .......................................................................... A-89
42-5-206. Certification of inspectors. .................................................. A-91
POST RULES
Rule 1 Definitions ................................................................................... B-3
Rule 2 Meetings ...................................................................................... B-7
Rule 3 Director’s Authority .................................................................... B-9
Rule 4 Subject Matter Experts ............................................................. B-11
Rule 5 Hearings .................................................................................... B-13
Rule 6 Declaratory Orders ................................................................... B-15
Rule 7 Variances ................................................................................... B-17
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Rule 8 Appeal Process for Peace Officer Applicants Certification
Denial as a Result of a Misdemeanor Conviction ................... B-19
Rule 9 Revocation Hearings for Criminal Conduct ............................ B-21
Rule 10 Basic Peace Officer Certification ............................................. B-23
Rule 11 Provisional Certification ......................................................... B-25
Rule 12 Reserve Certification .............................................................. B-27
Rule 13 Renewal of Basic Certification ............................................... B-29
Rule 14 Fingerprint-Based Criminal History Record Check .............. B-31
Rule 15 Certification Examination-Basic, Provisional, Renewal ....... B-35
Rule 16 Skills Examinations for Provisional and Renewal
Applicants ............................................................................... B-37
Rule 17 Certification Records .............................................................. B-39
Rule 18 Certification Suspension And Revocation - Basic,
Provisional, Renewal, And Reserves ...................................... B-41
Rule 19 Vehicle Identification Number Inspectors ............................. B-43
Rule 20 Vehicle Identification Number Inspector Programs .............. B-45
Rule 21 Basic and Reserve Training Academies ................................. B-47
Rule 22 Concerning Sunrise Review of Peace Officer Status ............. B-61
Rule 23 Academy Skills Instructors .................................................... B-65
Rule 24 Skills Training Safety and Skills Program Requirements
for Basic and Reserve Academies ........................................... B-69
Rule 25 Academy Instructor Training Programs ................................ B-73
Rule 26 Academy and Training Program Inspections ........................ B-77
Rule 27 Retired Law Enforcement Officer Authority to Carry Concealed
Firearms .................................................................................. B-79
PROGRAMS
Basic Academic Training Program ........................................................ C-1
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
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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
The Peace Officer Standards and Training Board, Peace Officer Levels
Recodification Subcommittee ................................................................... Q-5
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 Certification Form 4
Change of Name, Address or Telephone Form 5
Notice of Peace Officer Appointment/Separation 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
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 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
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a county or city and county whose authority is limited to the duties assigned by 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.
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Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6.
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
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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
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),
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and (6) amended, p. 121, § 1, effective August 3. L. 2008: (1)(b), (2), and (5)
amended, p. 85, § 2, effective March 18.
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.
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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.
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
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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.
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),
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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.
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.
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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.
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
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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.
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.
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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.
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.
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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.
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 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 of 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.
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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.
16-2.5-141. 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.
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
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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.
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:
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(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;
(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
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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.
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
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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
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
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(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.
(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 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 "POST board.”
(2) The POST 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 POST board shall consist of twenty members. The chairperson of the
POST 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 one lay member. The governor shall appoint
the chiefs of police, sheriffs, peace officers, the lay member, 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 POST board, a vacancy on the board shall exist. Any vacancy shall be filled
by appointment by the governor for the unexpired term.
(4) The members of the POST 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.
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.
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 POST Act is in conflict with the
constitution to the extent that it purports to require Denver deputy sheriffs to be
certified by the POST 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
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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 and approve
training courses relating thereto;
(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; and
(k) To establish training standards to prepare law enforcement 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) (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
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(II) For the administration of certification and skills examinations,
an amount not to exceed one hundred twenty-five 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 or to any college or
university 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
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.
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, §
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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.
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. To obtain a copy of the review, once completed, view
Colorado Legislative Council's web site.
(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.
(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
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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.
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
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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) The P.O.S.T. board shall deny certification to any person who has been
convicted of:
(a) A felony;
(b) 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.;
(c) 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.;
(d) Any misdemeanor in violation of any section of article 8 of title 18,
C.R.S.;
(e) Any misdemeanor in violation of sections 18-9-111 and 18-9-121,
C.R.S.;
(f) Any misdemeanor in violation of sections 18-18-404, 18-18-405, 18-18-
406, and 18-18-411, C.R.S.;
(g) Any misdemeanor in violation of section 18-6-403 (3) (b.5), C.R.S., as it
existed prior to July 1, 2006; or
(h) 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).
(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
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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.
(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
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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
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).
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.
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,
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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
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
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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.
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.
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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 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) For purposes of this section, "profiling" means the practice of detaining a
suspect based on race, ethnicity, age, or gender without the existence of any
individualized suspicion of the particular person being stopped.
(3) Any peace officer certified pursuant to this part 3 shall not engage in profiling.
(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 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
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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 POST
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.
Source: L. 2001: Entire section added, p. 934, § 2, effective June 5.
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
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
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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.
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.
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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.
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.
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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.
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
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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.
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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
pursuant to part 2 of article 18 of title 23, C.R.S., college savings plans
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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.
(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
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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.)
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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 police or sheriff and
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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 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
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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).
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
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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.
29-5-112. 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 - definitions - short title - legislative declaration.
(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 in adopting this section 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.
(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,
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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;
(B) Require its current local law enforcement officers to
complete the training program required by this subsection (4) by
January 1, 2015; and
(C) Require all local law enforcement officers hired on or after
January 1, 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
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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
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;
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(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 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
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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 necess