reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-113 - Public integrity - patterns and practices

It is unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by peace officers or by officials or employees of any governmental agency that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. Whenever the attorney general has reasonable cause to believe that a violation of this section has occurred, the attorney general, for or in the name of the state of Colorado, may in a civil action obtain any and all appropriate relief to eliminate the pattern or practice. Before filing suit, the attorney general shall notify the government authority or any agent thereof, and provide it with the factual basis that supports his or her reasonable cause to believe a violation occurred. Upon receipt of the factual basis, the government authority, or any agent thereof, has sixty days to change or eliminate the identified pattern or practice. If the identified pattern or practice is not changed and permanently eliminated after sixty days, the attorney general may file a civil lawsuit. The attorney general may issue subpoenas for any purpose in conducting an investigation under this section.
Amended by 2021 Ch. 458,§12, eff. 7/6/2021.
Added by 2020 Ch. 110,§13, eff. 6/19/2020.
L. 2020: Entire section added, (SB 20-217), ch. 458, p. 458, § 13, effective June 19.
For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-114 - [Repealed]

Repealed by subsection (6), eff. 6/30/2022.
Added by 2021 Ch. 458, § 21, eff. 7/6/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-116 - [Repealed]

Added by 2022 Ch. 225, § 39, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-117 - Hiring committee when attorney general to operate district attorney's office due to a vacancy

If, during the course of performing the attorney general's duties pursuant to section 24-31-101 (1)(v), it is essential for the attorney general to hire personnel at the district attorney's office, the attorney general shall establish a hiring committee consisting of the attorney general, a representative from the Colorado district attorneys' council, and the highest ranking attorney or official at the district attorney's office to make recommendations regarding hiring decisions. The committee may recommend that the hiring of personnel by the attorney general is conditional upon the review and approval of the person appointed to fill the vacant district attorney position. The attorney general retains the ultimate authority regarding hiring decisions while acting pursuant to section 24-31-101 (1)(v) but must consider the recommendations of the committee in making hiring decisions.
Added by 2024 Ch. 73,§ 2, eff. 4/17/2024.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-119 - Factually inaccurate data prevention campaign - repeal

(1)
To prevent and combat the sharing and spreading of factually inaccurate data, the attorney general shall, at a minimum:
(a)
Establish an initiative to encourage respectful engagement and discourse;
(b)
Develop and share resources that can be used by schools, organizations, and community leaders to facilitate productive and honest conversations regarding statewide and national issues to help people find common ground; and
(c)
Collaborate with organizations across the state to develop and update the materials that are used in connection with the resources and coordinate with the department of education to make the resources available to schools and school districts in the state.
(2)
This section is repealed, effective July 1, 2026.
Added by 2024 Ch. 412,§ 1, eff. 6/5/2024.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 2 - [Repealed] (§ 24-31-201) › Section 24-31-201 - to 24-31-206 - [Repealed]

Repealed by 2020 Ch. 12,§14, eff. 9/1/2020.
L. 73: p. 174, § 2. C.R.S. 1963: § 3-9-6. L. 87: (2) amended, p. 964, § 67, effective March 13. L. 91: (2) amended, p. 1913, § 27, effective June 1.
This part 2 was numbered as article 9 of chapter 3, C.R.S. 1963.
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).
For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 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 P.O.S.T. 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.
(6)
"Training academy" means any school approved by the P.O.S.T. board where peace officers and reserve peace officers receive instruction and training.
(7)
"Training program" means a course of instruction approved by the P.O.S.T. board for peace officer or reserve peace officer certification and other peace officer training programs.
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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-302 - Creation of board

(1)
There is hereby created, within the department of law, the peace officers standards and training board, referred to in this part 3 as the "P.O.S.T. board".
(2)
The P.O.S.T. board is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of law.
(3)
(a)
The P.O.S.T. board consists of twenty-four members. The chair of the P.O.S.T. board is the attorney general, and the board shall annually elect from its members a vice-chair. The other members shall be:
(I)
The special agent in charge of the Denver division of the federal bureau of investigation;
(II)
The executive director of the department of public safety or the executive director's designee;
(III)
The following members appointed by the governor for terms of three years:
(A)
One local government representative;
(B)
Six active chiefs of police from municipalities of this state or state institutions of higher education;
(C)
Six active sheriffs from counties of this state;
(D)
Three active peace officers with a rank of sergeant or below; and
(E)
Five non-law enforcement members. The non-law enforcement members shall complete a citizens' law enforcement academy prior to appointment or within one year after appointment.
(b)
If any chief of police, sheriff, peace officer, non-law enforcement member, or local government representative vacates such office during the term for which the member was appointed to the P.O.S.T. board, a vacancy on the board exists. Any vacancy shall be filled by appointment by the governor for the unexpired term.
(c)
In order to create a diversified board, the governor shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the board.
(d)
In order to create diversified subject matter expertise committees, the chair of the P.O.S.T. board shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the committees.
(4)
The members of the P.O.S.T. board shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
Amended by 2022 Ch. 469,§9, eff. 8/10/2022.
Amended by 2022 Ch. 2,§59, eff. 2/25/2022.
Amended by 2015 Ch. 213,§1, eff. 5/20/2015.
L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94: (1) and (3) amended and (4) added, p. 1727, § 4, effective May 31. L. 2003: (3) amended, p. 1715, § 1, effective May 14. L. 2008: (3) amended, p. 89, § 12, effective March 18. L. 2015: (3) amended, (HB 15-1287), ch. 213, p. 777, § 1, effective May 20.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-306 - [Repealed]

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.
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.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-307 - Enforcement

(1)
The P.O.S.T. board shall have the power to promulgate rules for enforcement of this part 3.
(2)
The attorney general may enforce the provisions of this part 3 through an action in district court for injunctive or other appropriate relief against:
(a)
Any individual undertaking or attempting to undertake any duties as a peace officer or a reserve peace officer in this state in violation of this part 3; and
(b)
Any agency permitting any individual to undertake or attempt to undertake any duties as a peace officer or a reserve peace officer in this state under the auspices of such agency in violation of this part 3.
(3)
The attorney general may bring criminal charges for violations of this part 3 if the violation is knowingly or intentional, or impose fines, as set in P.O.S.T. board rule, upon any individual officer or agency for failure to comply with this part 3 or any rule promulgated under this part 3.
(3.5)
Any person or law enforcement agency that knowingly or intentionally provides inaccurate data for the database created pursuant to section
24-31-303(1)(r)
is subject to a fine set in rule by the P.O.S.T. board, and, if the person is a P.O.S.T. certified peace officer, the officer is subject to revocation or suspension of the officer's P.O.S.T. certification by the P.O.S.T. board. A person or law enforcement agency that truthfully and accurately reports information pursuant to section
24-31-303(1)(r)
in good faith is not liable under this subsection (3.5).
(4)
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.
Amended by 2021 Ch. 458,§15, eff. 7/6/2021.
Amended by 2020 Ch. 110,§15, eff. 6/19/2020.
L. 94: Entire section added, p. 1731, § 9, effective May 31. L. 2020: Entire section amended, (SB 20-217), ch. 459, p. 459, § 15, effective June 19.
For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-308 - [Effective until 8/7/2024] Reciprocity - provisional certificate

(1)
The P.O.S.T. 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 P.O.S.T. board is authorized to grant a basic certification to a person who meets the criteria established for basic certification by rule of the P.O.S.T. board.
(b)
Any rule of the P.O.S.T. 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 P.O.S.T. 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 P.O.S.T. board may renew a provisional certificate once for a period not to exceed an additional six months.
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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-308 - [Effective 8/7/2024] Reciprocity - provisional certificate

(1)
The P.O.S.T. board is authorized to grant a provisional certificate to a person who:
(a)
Has been authorized to act as a peace officer in another state or federal jurisdiction within the preceding three years and has served as a certified law enforcement officer in good standing in the 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 P.O.S.T. board is authorized to grant a basic certification to a person who meets the criteria established for basic certification by rule of the P.O.S.T. board.
(b)
Any rule of the P.O.S.T. 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 P.O.S.T. 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 P.O.S.T. board may renew a provisional certificate once for a period not to exceed an additional six months.
Amended by 2024 Ch. 37,§ 1, eff. 8/7/2024.
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.
2024 Ch. 37, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 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 P.O.S.T. 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 P.O.S.T. board pursuant to this part 3 prior to August 1, 2009.
(2)
The P.O.S.T. 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.
L. 2008: Entire section added, p. 848, § 4, effective May 14.
For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 223, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 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.
Added by 2013 Ch. 233,§ 9, eff. 5/16/2013.
L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1126, § 9, effective May 16.
For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 233, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-313.5 - Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities

On or before June 30, 2016, the P.O.S.T. board shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk adults with intellectual and developmental disabilities, as described in section
18-6.5-102
(2.5) and (10), C.R.S.
Added by 2016 Ch. 6,§ 1, eff. 3/9/2016.
L. 2016: Entire section added, (HB 16-1254), ch. 6, p. 12, § 1, effective March 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 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 as an elective to basic field sobriety test training recertification.
(2)
Subject to the availability of sufficient moneys, the P.O.S.T. board shall arrange to provide drug recognition expert training to certified peace officers 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.
Amended by 2014 Ch. 387,§ 2, eff. 6/6/2014 and applicable to offenses committed on or after 7/1/2014.
Added by 2013 Ch. 332,§ 8, eff. 5/28/2013.
L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1892, § 8, effective May 28. L. 2014: Entire section amended, (SB 14-129), ch. 387, p. 1937, § 2, effective June 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-315 - Annual in-service training requirements

(1)
(a)
The annual in-service training programs must include proper restraint and holds training, a two-hour anti-bias training program, and, in alternating years, either a two-hour community policing and community partnerships training program or a two-hour situation de-escalation training program. The programs and curriculum may include interactive web-based training. Each certified peace officer shall satisfactorily complete the training by July 1, 2017, and shall satisfactorily complete the training at least once every five years thereafter.
(b)
Subject to available appropriations, beginning July 1, 2022, the annual in-service training programs must include the in-service curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section
24-31-1004
.
(2)
(a)
The P.O.S.T. board shall suspend a peace officer's certification if the peace officer fails to comply with the training requirements in subsection (1) of this section. The P.O.S.T. board shall reinstate a peace officer's certification that was suspended pursuant to this paragraph (a) upon completion of the training requirements in subsection (1) of this section.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (2), the P.O.S.T. board shall not suspend a peace officer's certification if the peace officer has not complied with the training requirements of subsection (1) of this section because the officer is not serving as a full-time peace officer. When the officer returns to his or her full-time peace-officer duties, he or she shall have six months to complete the training required by subsection (1) of this section.
(c)
Prior to suspension of a peace officer's certification pursuant to paragraph (a) of this subsection (2), the peace officer must be afforded due process to the extent required by law.
Amended by 2021 Ch. 405,§3, eff. 6/30/2021.
Added by 2015 Ch. 213,§3, eff. 5/20/2015.
L. 2015: Entire section added, (HB 15-1287), ch. 778, p. 778, § 3, effective May 20.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-316 - Attorney general to provide identification cards to retired peace officers upon request - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Peace officer" means a certified peace officer described in section
16-2.5-102
.
(b)
"Photographic identification" means a photographic identification that satisfies the description at
18 U.S.C. sec. 926C (d)
.
(2)
Except as described in subsection (3) of this section, on and after August 7, 2013, if the department had a policy in effect as of August 7, 2013, of issuing photographic identification to peace officers who have retired from the department, and the department discontinues said policy after August 7, 2013, the department shall continue to provide such photographic identification to peace officers who have retired from the department if:
(a)
The peace officer requests the identification;
(b)
The peace officer retired from the department before the date upon which the department discontinued the policy; and
(c)
The peace officer is a qualified retired law enforcement officer, as defined in
18 U.S.C. sec. 926C (c)
.
(3)
Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub. L. 103-159, the relevant portion of which is codified at
18 U.S.C. sec. 922 (t)
, and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.
(4)
The department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the department in issuing the photographic identification.
(5)
Notwithstanding any other provision of this section, the department shall not be required to issue a photographic identification to a particular peace officer if the attorney general elects not to do so.
(6)
If the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the department shall provide the retired peace officer a written statement setting forth the reason for the denial.
Added by 2020 Ch. 12, § 10, eff. 9/1/2020.
L. 2020: Entire section added, (SB 20 -063), ch. 55, p. 55, § 10, effective September 14.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-317 - Training requirements concerning peace officer interactions with persons with disabilities

(1)
Subject to available appropriations, beginning July 1, 2022, the basic academy curriculum must include the curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section
24-31-1004
.
(2)
The annual in-service training programs must include the in-service curriculum for training concerning interactions with persons with disabilities, as described in section
24-31-315(1)(b)
.
Added by 2021 Ch. 405,§4, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-318 - Administrative law judge appointment

The P.O.S.T. board chairperson may appoint an administrative law judge or hearing officer pursuant to article
4
of this title 24 to conduct hearings, administer oaths, take affirmations of witnesses, issue subpoenas compelling the attendance of witnesses and production of records, rule on evidence, make findings, and report the findings to the P.O.S.T. board for any proceedings or actions authorized under this part 3.
Added by 2021 Ch. 458,§17, eff. 7/6/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-319 - Training related to missing indigenous persons - development - basic and in-service training required

(1)
The P.O.S.T. board shall work with the office of liaison for missing and murdered indigenous relatives created in section
24-33.5-2603
to develop and facilitate training for peace officers on issues relating to missing or murdered indigenous persons investigations.
(2)
Beginning January 1, 2023, the basic academy curriculum and annual in-service training programs must include training concerning issues relating to missing or murdered indigenous persons.
Added by 2022 Ch. 466, § 3, eff. 6/8/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 3 - PEACE OFFICERS STANDARDS AND TRAINING (§§ 24-31-301 — 24-31-320) › Section 24-31-320 - Persons with deferred action for childhood arrivals status - rules - definition

(1)
The P.O.S.T. board may promulgate rules for the administration of or compliance with requirements for an eligible immigrant who is seeking a certificate issued pursuant to this part 3.
(2)
For purposes of this section, unless the context otherwise requires, "eligible immigrant" means a person who has been formally granted and maintains a valid deferred action for childhood arrivals status by the federal immigration and naturalization service, or any successor agency, or a person who has applied to obtain asylum status.
Added by 2023 Ch. 121,§ 1, eff. 8/7/2023.
2023 Ch. 121, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 4 - ENFORCEMENT OF TOBACCO SETTLEMENT (§§ 24-31-401 — 24-31-403) › Section 24-31-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Smokeless tobacco settlement" means the settlement agreement between the state of Colorado and various domestic smokeless tobacco products manufacturers, dated November 23, 1998, which was approved by the district court of the city and county of Denver as part of a consent decree dated November 25, 1998, in the case denominated
State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc.,
Case No. 97 CV 3432.
(2)
"Tobacco settlement" means the settlement agreement between the state of Colorado and various domestic tobacco products manufacturers, dated November 23, 1998, which was approved by the district court of the city and county of Denver as part of a consent decree dated November 25, 1998, in the case denominated
State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc.,
Case No. 97 CV 3432.
L. 2000: Entire part added, p. 628, § 20, effective May 18.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 4 - ENFORCEMENT OF TOBACCO SETTLEMENT (§§ 24-31-401 — 24-31-403) › Section 24-31-402 - Enforcement by attorney general

(1)
The general assembly hereby finds that both the tobacco settlement and the smokeless tobacco settlement impose numerous duties and obligations on the parties to those settlement agreements relating to the marketing and advertising of tobacco products and the payment of damages to the state. The general assembly further finds that most of these duties and obligations continue for a minimum of twenty-five years from the dates of the settlement agreements. Therefore, the attorney general shall oversee and take the necessary actions to enforce compliance with the provisions of the tobacco settlement agreement and the smokeless tobacco settlement agreement, consistent with the duties and obligations set forth in said settlement agreements and with Colorado law.
(2)
The enforcement duty specified in subsection (1) of this section is in addition to and does not limit the authority of the attorney general otherwise existing under common law or the statutes of this state.
L. 2000: Entire part added, p. 629, § 20, effective May 18.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 4 - ENFORCEMENT OF TOBACCO SETTLEMENT (§§ 24-31-401 — 24-31-403) › Section 24-31-403 - Funding

The attorney general may use any custodial funds recovered as costs and attorney fees under the tobacco settlement agreement to offset any costs incurred in overseeing and enforcing the tobacco settlement agreement and the smokeless tobacco settlement agreement.
L. 2000: Entire part added, p. 629, § 20, effective May 18.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 5 - [Repealed] (§ 24-31-501) › Section 24-31-501 - to 24-31-503 - [Repealed]

(1) This part 5 was added in 2005 and was not amended prior to its repeal in 2007. For the text of this part 5 prior to 2007, consult the 2006 Colorado Revised Statutes.
(2) Section 24-31-503 provided for the repeal of this part 5, effective July 1, 2007. (See L. 2005, p. 413.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-601 - Short title

This part 6 shall be known and may be cited as the "Safe2tell Act".
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 889, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-602 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The purpose of this part 6 is to empower students and the community by offering a comprehensive program of education, awareness, and training and a readily accessible tool that allows students and the community to easily provide anonymous information about unsafe, potentially harmful, dangerous, violent, or criminal activities in schools, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials; and
(b)
The ability to anonymously report information about unsafe, potentially harmful, dangerous, violent, or criminal activities in schools before or after they have occurred is critical in reducing, responding to, and recovering from these types of events in schools.
(2)
The general assembly therefore finds that it is appropriate and necessary to provide for the anonymity of a person who provides information to law enforcement and public safety agencies and school officials and to provide for the confidentiality of associated materials.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 889, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-603 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Department" means the department of law.
(2)
"In camera review" means an inspection of materials by the court, in chambers, to determine what, if any, materials are discoverable.
(3)
"Materials" means any records, reports, claims, writings, documents, or information anonymously reported or information related to the source of materials.
(4)
"Program" means the safe2tell program.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-604 - Administration of article

The attorney general shall administer the provisions of this part 6.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-605 - Delegation of duties

The powers and duties vested in the attorney general by this part 6 may be delegated to qualified employees of the department.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-608 - Transfer of property

(1)
On June 30, 2014, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of safe2tell, as it existed prior to said date, may be transferred to the department of law and become the property thereof; except that safe2tell, inc., shall maintain ownership of all intellectual property, including trademarks and service marks, owned by it prior to such date subject to the provisions of section
24-31-609
.
(2)
On June 30, 2014, any moneys held by the safe2tell nonprofit may be transferred to the safe2tell cash fund created pursuant to section
24-31-610
.
Amended by 2015 Ch. 259,§ 65, eff. 8/5/2015.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 892, § 2, effective August 6. L. 2015: (2) amended, (SB 15-264), ch. 259, p. 959, § 65, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-609 - License of intellectual property

Commencing on June 30, 2014, all intellectual property of safe2tell, inc., including trademarks and service marks, is licensed to the department of law on a nonexclusive, perpetual, paid-up basis for use by the department of law in connection with the program, including all trademarks or service marks developed by safe2tell, inc., at any point in the future.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 241, p. 892, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-610 - Safe2tell cash fund - creation

(1)
There is created in the state treasury the safe2tell cash fund, referred to in this section as the "fund". Moneys in the fund are subject to annual appropriation. The fund consists of:
(a)
Fees charged by the department of law to cover the actual costs of producing and distributing manuals and other public awareness materials;
(b)
Any revenues received pursuant to section
24-31-108(2)(b)
;
(c)
Any moneys held by the safe2tell nonprofit as of June 30, 2014, that are transferred to the fund pursuant to section
24-31-608(2)
; and
(d)
Any moneys that may be appropriated by the general assembly.
(2)
All interest derived from the deposit and investment of moneys in the fund are credited to the fund. At the end of each fiscal year, all unexpended and unencumbered moneys in the fund remain in the fund and shall not be credited or transferred to the general fund or any other fund.
Amended by 2020 Ch. 12,§ 11, eff. 9/1/2020.
Amended by 2015 Ch. 259,§ 66, eff. 8/5/2015.
Added by 2014 Ch. 241,§ 2, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-002), ch. 892, p. 892, § 2, effective August 6. L. 2015: (1)(c) amended, (SB 15-264), ch. 959, p. 959, § 66, effective August 5. L. 2020: (1)(b) amended, (SB 20-063), ch. 56, p. 56, § 11, effective September 14.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 6 - SAFE2TELL ACT (§§ 24-31-601 — 24-31-611) › Section 24-31-611 - Annual report

(1)
On or before December 1, 2018, and on or before December 1 of each year thereafter, the program shall analyze data from the preceding fiscal year and prepare a written report. The program shall post the report on the program's website and shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees, by January 1 of the year following publication of the report. The report must include data from the preceding fiscal year concerning the following and any recommendations concerning the following to the extent the information is available:
(a)
A summary of outcomes and actions taken on reports made to the program;
(b)
The number of safe2tell reports by category, broken down by month;
(c)
The total number of incidents of misuse of the program, broken down into categories;
(d)
The number of reports received involving a single incident;
(e)
The number of times safe2tell was used by a reporting party to make a threat against or otherwise harm another person;
(f)
The number of times a reporting party was in crisis and was reporting to the program to obtain assistance and the time it took to identify the reporting party and respond;
(g)
The effectiveness of the safe2tell dispatch center in the department of public safety; and
(h)
Recommendations regarding how to improve the program based on the available data.
(2)
Notwithstanding the provisions of section
24-1-136(11)(a)(I)
, the requirement for the report in subsection (1) of this section continues indefinitely.
Added by 2018 Ch. 235,§ 2, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1434), ch. 235, p. 1475, § 2, effective August 8.