reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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
of title
24
, C.R.S., and who shall be certified by the P.O.S.T. 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.
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.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 16-2.5-140 - Correctional security officer employed by the Colorado mental health institute at Pueblo

A correctional security officer employed by the Colorado mental health institute at Pueblo is a peace officer while engaged in the performance of his or her duties as provided in article
7
of title
24
, C.R.S., and whose authority shall include the enforcement of all laws of the state of Colorado, and who may be certified by the P.O.S.T. board.
L. 2003: Entire article added, p. 1612, § 2, effective August 6. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 456, §2, effective August 5.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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 P.O.S.T. board.
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.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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 P.O.S.T. board.
L. 2003: Entire article added, p. 1613, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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.
L. 2003: Entire article added, p. 1613, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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.
L. 2003: Entire article added, p. 1613, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 16-2.5-145 - Municipal court marshal

A municipal court marshal who is employed by a municipality and is specifically designated a peace officer by the municipality is a peace officer while engaged in the performance of his or her duties. The authority of such a municipal court marshal shall be limited to providing security for the municipal court, transporting, detaining, and maintaining control over prisoners, executing all arrest warrants within the municipal court and its grounds, executing municipal court arrest warrants within the municipal limits, and serving legal process issued by the municipal court within the municipal limits. A municipal court marshal shall be certified by the P.O.S.T. board.
L. 2004: Entire section added, p. 414, § 1, effective April 12. L. 2006: Entire section amended, p. 27, § 2, effective 7/1/2007.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 16-2.5-146 - Public transit officer - definitions

(1)
A public transit officer who is employed by a public transportation entity 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 in accordance with any policies and procedures adopted by the public transportation entity. A public transit officer's authority includes the enforcement of all laws of the state of Colorado. A public transit officer shall be certified by the P.O.S.T. board.
(2)
As used in this section, "public transportation entity" means a mass transit district, a mass transit authority, or any public entity authorized under the laws of this state to provide mass transportation services to the general public.
Amended by 2015 Ch. 268, § 1, eff. 8/5/2015.
L. 2004: Entire section added, p. 1162, § 1, effective May 27. L. 2006: (1) amended, p. 28, § 3, effective 7/1/2007. L. 2012: (1) amended, (SB 12-044), ch. 274, p. 1449, § 5, effective June 8. L. 2015: Entire section amended, (SB 15-221), ch. 268, p. 1044, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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 P.O.S.T. board.
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.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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 P.O.S.T. board.
(2)
Notwithstanding the provisions of subsection (1) of this section, the peace officer status conferred by subsection (1) of this section shall not be available to an attorney specified in subsection (1) of this section who chooses to practice as a criminal defense attorney in the state of Colorado while also working as a prosecuting attorney or an attorney who contracts with a municipality, city, town, statutory city or town, or city and county, local government to serve as a city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor on a less than a full-time basis.
L. 2012: Entire section added, (HB 12-1026), ch. 76, p. 256, § 1, effective April 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 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.
Added by 2013 Ch. 109,§ 1, eff. 8/7/2013.
L. 2013: Entire section added, (SB 13-005), ch. 109, p. 377, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 16-2.5-151 - Federal secret service agents

(1)
A special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service, referred to in this section as a "secret service agent", in any jurisdiction within the state of Colorado, is a peace officer whose authority is limited as provided in this section. The secret service agent is a peace officer in the following circumstances:
(a)
(I)
Responding to a nonfederal felony or misdemeanor that has been committed in his or her presence;
(II)
Responding to an emergency situation in which he or she has probable cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being, committed and immediate action is required to prevent escape, serious bodily injury, or destruction of property;
(III)
Rendering assistance at the request of a Colorado peace officer; or
(IV)
Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers; and
(b)
The secret service agent acts in accordance with the rules and regulations of his or her employing agency.
(2)
A secret service agent is a person who is employed by the United States government, assigned to the United States secret service, empowered to effect an arrest with or without a warrant for violations of the United States code, and authorized to carry a firearm and use deadly force in the performance of his or her duties as a federal law enforcement officer.
(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.
Added by 2013 Ch. 126,§ 1, eff. 4/19/2013.
L. 2013: Entire section added, (SB 13-013), ch. 126, p. 424, § 1, effective April 19.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 1 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-152) › Section 16-2.5-152 - Administrators of judicial security

Administrators of judicial security employed by the judicial department are peace officers whose authority includes the enforcement of all laws of the state of Colorado, and the administrators of judicial security must be certified by the P.O.S.T. board. For the purpose of seeking peace officer status for additional personnel under the title of judicial security administrator, notwithstanding the provisions of section 16-2.5-201, additional administrators of judicial security are granted temporary peace officer status pending application and review by the P.O.S.T. board. Following review by the P.O.S.T. board pursuant to section 16-2.5-201 and upon a favorable recommendation for peace officer status from the P.O.S.T. board to the general assembly, temporary peace officer status for additional administrators is permanent. If the P.O.S.T. board does not recommend peace officer status for additional personnel under the title of judicial security administrator, the temporary peace officer status expires on June 30, 2025, unless the general assembly provides otherwise. Any peace officer positions created pursuant to this section after January 1, 2025, shall be approved by the general assembly through a decision item in the judicial department's annual budget request.
Amended by 2024 Ch. 304,§ 3, eff. 5/31/2024.
Added by 2018 Ch. 69, § 1, eff. 3/22/2018.
L. 2018: Entire section added, (HB 18-1210), ch. 69, p. 629, § 1, effective March 22.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 2 - SUNRISE REVIEW OF PEACE OFFICER STATUS (§§ 16-2.5-201 — 16-2.5-203) › Section 16-2.5-202 - P.O.S.T. 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 P.O.S.T. board shall review the peace officer authority of the position, group, or political subdivision.
(2)
The P.O.S.T. 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 P.O.S.T. board the information required in section
16-2.5-201(2)
.
(3)
After receiving the information, the P.O.S.T. board shall prepare an analysis, evaluation, and recommendation of the peace officer status. The analysis, evaluation, and recommendation shall be based upon the criteria established in P.O.S.T. board rule.
(4)
The P.O.S.T. 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 P.O.S.T. 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 P.O.S.T. board began the review. The report may include legislative recommendations.
L. 2004: Entire part added, p. 1898, § 1, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 2 - SUNRISE REVIEW OF PEACE OFFICER STATUS (§§ 16-2.5-201 — 16-2.5-203) › Section 16-2.5-203 - Rules

Pursuant to article
4
of title
24
, C.R.S., the P.O.S.T. 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)
.
L. 2004: Entire part added, p. 1898, § 1, effective June 4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 3 - PEACE OFFICER-INVOLVED SHOOTINGS (§ 16-2.5-301) › Section 16-2.5-301 - Peace officer actions leading to injury or death investigations - protocol

(1)
Each police department, sheriff's office, and district attorney within the state shall develop protocols for participating in a multi-agency team, which shall include at least one other police department or sheriff's office, or the Colorado bureau of investigation, in conducting any investigation, evaluation, and review of an incident involving the discharge of a firearm by a peace officer that resulted in injury or death, or other use of force by a peace officer that resulted in death. The law enforcement agencies participating need not be from the same judicial district.
(2)
Each law enforcement agency shall post the protocol on its website or, if it does not have a website, make it publicly available upon request. The protocols required by this section shall be completed and implemented by December 31, 2015.
Amended by 2021 Ch. 458,§7, eff. 7/6/2021.
Added by 2015 Ch. 210,§2, eff. 5/20/2015.
L. 2015: Entire part added, (SB 15-219), ch. 769, p. 769, § 2, effective May 20. L. 2021: (1) amended, (HB 21-1250), ch. 3063, p. 3063, § 7, effective July 6.
For the legislative declaration in SB 15-219, see section 1 of chapter 210, Session Laws of Colorado 2015.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 4 - SUPPORT FOR PEACE OFFICERS INVOLVED IN A USE OF FORCE (§§ 16-2.5-401 — 16-2.5-403) › Section 16-2.5-401 - Legislative declaration

(1)
The general assembly hereby declares that:
(a)
Peace officers involved in incidents involving a shooting or fatal use of force should have access to immediate support;
(b)
The experience of police and public safety mental health professionals and scientific research show that providing training, support services, and reintegration strategies can promote positive outcomes following such incidents; and
(c)
The policies required by this part 4 provide for post-incident psychological interventions that are separate and distinct from any fitness-for-duty assessment or administrative or investigative procedures that may follow.
Added by 2019 Ch. 127,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (SB 19-091), ch. 573, p. 573, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 4 - SUPPORT FOR PEACE OFFICERS INVOLVED IN A USE OF FORCE (§§ 16-2.5-401 — 16-2.5-403) › Section 16-2.5-402 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Law enforcement agency" means:
(a)
The Colorado state patrol created in section
24-33.5-201
;
(b)
The Colorado bureau of investigation created in section
24-33.5-401
;
(c)
The department of corrections created in section
24-1-128.5
;
(d)
The division of parks and wildlife within the department of natural resources created pursuant to section
24-1-124
;
(e)
A county sheriff's office;
(f)
A municipal police department;
(g)
A campus police department; or
(h)
A town marshal's office.
(2)
"Qualified mental health professional" means:
(a)
A person certified and in good standing as a police and public safety psychologist by the American Board of Police and Public Safety Psychology, or its successor organization; or
(b)
A person who:
(I)
Is a licensed mental health clinician in good standing with his or her licensing board; and
(II)
Has demonstrated to the law enforcement agency's satisfaction through a combination of training and experience that the person is trauma informed, experienced in responding to acute trauma events, and culturally competent in understanding law enforcement work, challenges, and stressors.
Added by 2019 Ch. 127,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (SB 19-091), ch. 574, p. 574, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.5 - PEACE OFFICERS (§§ 16-2.5-101 — 16-2.5-502) › Part 5 - PEACE OFFICER CREDIBILITY DISCLOSURE NOTIFICATIONS (§§ 16-2.5-501 — 16-2.5-502) › Section 16-2.5-501 - Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Credibility disclosure notification" means the notification described in section
16-2.5-502 (2)(c)
.
(2)
"Law enforcement agency" means a state or local agency that employs peace officers.
(3)
"Peace officer" means a peace officer as defined in section
24-31-901 (3)
and includes an officer, reserve, volunteer, or employee who performs a law enforcement function.
Added by 2021 Ch. 420, § 1, eff. 9/7/2021.
L. 2021: Entire part added, (SB 21-174), ch. 2784, p. 2784, § 1, effective September 7.
2021 Ch. 420, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.7 - MISSING PERSON REPORTS - UNIDENTIFIED HUMAN REMAINS (§§ 16-2.7-101 — 16-2.7-104) › Section 16-2.7-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"DNA" means deoxyribonucleic acid.
(2)
"Missing person" means a person whose whereabouts are unknown and whose safety or welfare is the subject of concern.
L. 2006: Entire article added, p. 394, § 1, effective April 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.7 - MISSING PERSON REPORTS - UNIDENTIFIED HUMAN REMAINS (§§ 16-2.7-101 — 16-2.7-104) › Section 16-2.7-102 - Missing person reports - acceptance

(1)
Any person with relevant, credible information suggesting that a person is missing may make a missing person report to a law enforcement agency.
(2)
A law enforcement agency shall accept without delay a missing person report that is submitted in person if:
(a)
The missing person resides, or was last known to reside, in Colorado; or
(b)
There is credible information indicating that the missing person was last believed to be in Colorado.
(3)
Each law enforcement agency shall accept a missing person report submitted by telephone or by electronic or other media if:
(a)
The report meets the conditions of subsection (2)(a) or (2)(b) of this section; and
(b)
Acceptance of the report by telephone or by electronic or other media is consistent with the law enforcement agency's policies or practices.
(4)
A law enforcement agency shall not refuse to accept a missing person report on the basis that the missing person has not yet been missing for any length of time.
(5)
Notwithstanding the requirements in subsections (2) and (3) of this section, a law enforcement agency is not required to accept a missing person report if:
(a)
The person is the subject of a missing person report under investigation by another law enforcement agency within this state or another law enforcement agency has indicated that it intends to accept a missing person report for the person;
(b)
The law enforcement agency knows the location of the person reported missing or the agency can confirm the safe status of the person;
(c)
The individual reporting a person as missing is unable to articulate a bonafide relationship with the person or a legitimate rationale for concern;
(d)
The law enforcement agency suspects, and can articulate, that the person reported as missing is being sought for reasons of harassment, stalking, retaliation, court testimony, debt collection, or any action in defiance of a protection order; or
(e)
Any other articulable extenuating circumstance not inconsistent with this section exists that makes accepting the report impractical or unreasonable and the law enforcement agency documents the circumstance.
Amended by 2022 Ch. 70,§2, eff. 4/7/2022.
L. 2006: Entire article added, p. 394, § 1, effective April 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.7 - MISSING PERSON REPORTS - UNIDENTIFIED HUMAN REMAINS (§§ 16-2.7-101 — 16-2.7-104) › Section 16-2.7-103 - Missing person reports - response

(1)
Upon receiving a report of a missing person, a law enforcement agency shall assess the information received from the reporting person and other available information. The law enforcement agency shall then determine the best course of action based on the circumstances.
(2)
(a)
If the missing person is eighteen years of age or older, the law enforcement agency shall, within eight hours after receiving the report, enter any relevant information into the Colorado crime information center database and, as appropriate, contact other law enforcement agencies that may assist in locating the missing person.
(b)
(I)
If the missing person is under eighteen years of age, the law enforcement agency shall, within two hours after receiving the report, notify the Colorado bureau of investigation pursuant to section
24-33.5-415.1 (3)
and enter any relevant information into the Colorado crime information center database; or
(II)
If the missing person is under eighteen years of age and under the legal custody of the state department of human services or a county department of human or social services, the law enforcement agency shall, within two hours after receiving notification pursuant to section
19-1-115.3
, notify the Colorado bureau of investigation and enter any relevant information into the Colorado crime information center database.
(3)
If the missing person is an indigenous person, the best course of action for the law enforcement agency includes appropriate communications with other law enforcement agencies that may assist in locating the missing indigenous person. Additionally, the law enforcement agency shall, within eight hours after receiving a report of a missing adult or within two hours after receiving a report of a missing child, notify the Colorado bureau of investigation.
Amended by 2022 Ch. 466, § 5, eff. 6/8/2022.
Amended by 2022 Ch. 70, § 3, eff. 4/7/2022.
Amended by 2015 Ch. 41, § 2, eff. 1/1/2016.
L. 2006: Entire article added, p. 395, § 1, effective April 6. L. 2015: Entire section amended, (HB 15-1078), ch. 41, p. 101, § 2, effective 1/1/2016.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-101 - Arrest - when and how made

(1)
An arrest may be made on any day and at any time of the day or night.
(2)
All necessary and reasonable force may be used in making an arrest.
(3)
All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.
L. 72: R&RE, p. 197, § 1. C.R.S. 1963: §
39-3-101
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-102 - Arrest by peace officer

(1)
A peace officer may arrest a person when:
(a)
He has a warrant commanding that such person be arrested; or
(b)
Any crime has been or is being committed by such person in his presence; or
(c)
He has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested.
(2)
A peace officer shall not knowingly arrest or knowingly participate in the arrest of any person who engages in a legally protected health-care activity, as defined in section
12-30-121 (1)(d)
, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado.
Amended by 2023 Ch. 68,§ 9, eff. 4/14/2023.
L. 72: R&RE, p. 198, § 1. C.R.S. 1963: §
39-3-102
. L. 77: (1)(c) amended, p. 850, § 1, effective May 20.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-103 - Stopping of suspect

(1)
A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.
(2)
When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.
L. 72: R&RE, p. 198, § 1. C.R.S. 1963: §
39-3-103
. L. 83: (1) amended, p. 663, § 2, effective July 1. L. 2001: (1) amended, p. 941, § 9, effective July 1.
For the stopping of persons suspected of alcohol- or drug-related traffic offenses, see § 42-4-1302 .
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-104 - Arrest by peace officer from another jurisdiction - definitions

(1)
As used in this section:
(a)
"State" means any state of the United States and the District of Columbia;
(b)
"Peace officer" means any officer of another state having powers of arrest in that state;
(c)
"Fresh pursuit" means the pursuit without unnecessary delay of a person who has committed a crime or who is reasonably believed to have committed a crime.
(2)
Any peace officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as a peace officer of this state has to arrest and hold a person in custody.
(3)
Except as otherwise provided by law, if an arrest is made in this state by a peace officer of another state in accordance with the provisions of this section, he shall without unnecessary delay take the person arrested before the nearest available judge of a court of record. Such judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await the time provided by law for issuance of an extradition warrant by the governor of this state, or the waiver thereof, and shall set bail if the offense is bailable under the laws of the state of Colorado. If the judge determines that the arrest was unlawful, he shall order the discharge of the person arrested.
L. 72: R&RE, p. 198, § 1. C.R.S. 1963: §
39-3-104
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-105 - Release by arresting authority

(1)
When a person has been arrested without a warrant, he may be released by the arresting authority on its own authority if:
(a)
The arresting officer or a responsible command officer of the arresting authority is satisfied that there are no adequate grounds for criminal complaint against the person arrested; or
(b)
The offense for which the person was arrested and is being held is a misdemeanor or petty offense and the arresting officer or a responsible command officer of the arresting authority is satisfied that the person arrested will obey a summons commanding his appearance at a later date.
(1.5)
No person arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence as defined in section
18-6-800.3(1)
, C.R.S., shall be released at the scene of the alleged crime pursuant to subsection (1) of this section.
(2)
If the person is released in accordance with subsection (1)(b) of this section, he shall be given a summons and complaint as provided for in sections
16-2-104
and
16-2-106
and shall sign a written acknowledgment of its receipt and a promise to appear at the time and place specified.
L. 72: R&RE, p. 199, § 1. C.R.S. 1963: §
39-3-105
. L. 94: (1.5) added, p. 2034, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-106 - Peace officer may pursue offender

When any peace officer is in fresh pursuit of any alleged offender, having a warrant for his arrest or having knowledge that such warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed in the officer's presence or the officer has reasonable grounds to believe that the alleged offender has committed a criminal offense, and the alleged offender crosses a boundary line marking the territorial limit of his authority, such peace officer may pursue him beyond such boundary line and make the arrest, issue a summons and complaint, or issue a notice of penalty assessment.
L. 72: R&RE, p. 199, § 1. C.R.S. 1963: §
39-3-106
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-107 - Custodial care of prisoner in transit

It is lawful for any peace officer who has the custody of any alleged offender following an arrest to pass through any counties which lie on his route between the place of arrest and the county to which he is taking the alleged offender and to lodge him in any jail on his route for safe custody for one night or more, as the occasion requires.
L. 72: R&RE, p. 199, § 1. C.R.S. 1963: §
39-3-107
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-108 - Issuance of arrest warrant without information or complaint

A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. The court shall issue a warrant for the arrest of such person commanding any peace officer to arrest the person so named and to take the person without unnecessary delay before the nearest judge of a court of record. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.
L. 72: R&RE, p. 199, § 1. C.R.S. 1963: §
39-3-108
. L. 95: Entire section amended, p. 463, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-109 - Peace officer - authority to make arrest while off duty

A peace officer, as described in section
16-2.5-101
, who, while off duty, is employed in a capacity specifically permitted by policies and procedures adopted by such officer's governmental entity employer shall possess the status and authority which would otherwise be afforded an on-duty peace officer as described in section
16-2.5-101
, acting within the course and scope of such officer's employment. To be within the scope of this section, a peace officer employed by a nongovernmental entity must be in uniform with the peace officer's public entity badge plainly visible, or such peace officer must have been approved for plain clothes work by the peace officer's governmental employer.
L. 92: Entire section added, p. 438, § 1, effective June 3. L. 93: Entire section amended, p. 1776, § 36, effective June 6. L. 2003: Entire section amended, p. 1621, § 35, effective August 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 1 - AUTHORITY OF PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-101 — 16-3-110) › Section 16-3-110 - Peace officers - duties

(1)
For the purposes of this section, "peace officer" means:
(a)
A peace officer as described in section
16-2.5-101
; or
(b)
A federal law enforcement officer who, pursuant to federal statutes and the policy of the agency by which the officer is employed, is authorized to use deadly physical force in the performance of his or her duties.
(2)
A peace officer shall have the authority to act in any situation in which a felony or misdemeanor has been or is being committed in such officer's presence, and such authority shall exist regardless of whether such officer is in the jurisdiction of the law enforcement agency that employs such officer or in some other jurisdiction within the state of Colorado or whether such officer was acting within the scope of such officer's duties when he or she observed the commission of the crime, when such officer has been authorized by such agency to so act. The local law enforcement agency having jurisdiction shall be immediately notified of the arrest and any person arrested shall be released to the custody of the local law enforcement agency.
(3)
This section shall not be construed to authorize any federal officer to use deadly physical force in excess of that authorized in section
18-1-707
, C.R.S.
L. 93: Entire section added, p. 703, § 1, effective July 1. L. 96: Entire section amended, p. 735, § 4, effective July 1. L. 2003: (1)(a) amended, p. 1624, § 43, effective August 6.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 2 - AUTHORITY OF PERSON NOT A PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-201 — 16-3-203) › Section 16-3-201 - Arrest by a private person

A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.
L. 72: R&RE, p. 199, § 1. C.R.S. 1963: §
39-3-201
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 2 - AUTHORITY OF PERSON NOT A PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-201 — 16-3-203) › Section 16-3-202 - Assisting peace officer - arrest - furnishing information - immunity

(1)
A peace officer making an arrest may command the assistance of any person who is in the vicinity.
(2)
A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.
(3)
A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.
(4)
Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.
L. 72: R&RE, p. 200, § 1. C.R.S. 1963: §
39-3-202
. L. 77: (4) added, p. 851, § 1, effective July 1.
For refusing to aid a peace officer, see § 18-8-107 ; for authority of sheriffs to command aid, see § 30-10-516 .
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 2 - AUTHORITY OF PERSON NOT A PEACE OFFICER TO MAKE AN ARREST (§§ 16-3-201 — 16-3-203) › Section 16-3-203 - Preventing a crime - reimbursement

Any person who is not a peace officer as defined in section
24-31-301 (5)
, C.R.S., who is made the defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled to all his court costs and to reasonable attorney fees incurred in such action.
L. 77: Entire section added, p. 852, § 1, effective June 19. L. 83: Entire section amended, p. 962, § 6, effective 7/1/1984. L. 92: Entire section amended, p. 1097, § 5, effective March 6.
(1) For awarding of attorney fees in civil actions generally, see § 13-17-102 . (2) For the legislative declaration contained in the 1992 act amending this section, see section 12 of chapter 167, Session Laws of Colorado 1992.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-301 - Search warrants - issuance - grounds - exception - definitions

(1)
A search warrant authorized by this section may be issued by any judge of a court of record.
(2)
A search warrant may be issued under this section to search for and seize any property:
(a)
Which is stolen or embezzled; or
(b)
Which is designed or intended for use as a means of committing a criminal offense; or
(c)
Which is or has been used as a means of committing a criminal offense; or
(d)
The possession of which is illegal; or
(e)
Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or
(f)
The seizure of which is expressly required, authorized, or permitted by any statute of this state; or
(g)
Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or
(h)
Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding.
(3)
A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding.
(4)
Notwithstanding subsection (2) of this section, a court shall not issue a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity, as defined in section
12-30-121 (1)(d)
.
Amended by 2023 Ch. 68,§ 10, eff. 4/14/2023.
L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-301. L. 85: (2)(g) amended and (2)(h) and (3) added, p. 615, §§ 1, 2, effective June 2.
For provisions concerning search and seizure other than the provisions of this section and rule 41 of the Colorado Rules of Criminal Procedure, see § 7 of article II of the Colorado Constitution; for the issuance of search warrants under the "Colorado Children's Code", see §§ 19-1-112 , 19-2-504 , and 19-2-505 .
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-301.5 - Search warrant for firearms possessed by a respondent in an extreme risk protection order

(1)
Any court may issue a search warrant to search for and take custody of any firearm in the possession of a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article
14.5
of title
13
if the application for the warrant complies with all required provisions of section
16-3-303
and also provides facts sufficient to establish by probable cause:
(a)
That the named person is a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article
14.5
of title
13
; and
(b)
That the named person is in possession of one or more firearms; and
(c)
The location of such firearms; and
(d)
Any other information relied upon by the applicant and why the applicant considers such information credible and reliable.
(2)
The return or disposal of any firearm taken custody of pursuant to this section shall be accomplished pursuant to section
13-14.5-109
.
Amended by 2023 Ch. 124,§ 5, eff. 4/28/2023.
Added by 2019 Ch. 108, § 3, eff. 4/12/2019.
L. 2019: Entire section added, (HB 19 -1177), ch. 399, p. 399, § 3, effective April 12.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-302 - Search warrants - municipalities - inspections - grounds

A search warrant may be issued by a judge of any municipal court by compliance with the applicable rule of the Colorado municipal court rules.
L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-302.