House Bill 25-1314 Revised

A Bill for an Act

• Page 1, Line 101Concerning peace officer status for certain department of

• Page 1, Line 102revenue employees.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law grants peace officer status to an auto industry investigator and the director of the auto industry division within the department of revenue (department). Current law limits the scope of peace officer authority for these 2 positions to certain investigative and enforcement functions. The bill expands the peace officer authority for the auto industry investigator and auto industry division director positions to include enforcement of all the laws of the state and requires the investigators and director to be peace officers standards and training board (P.O.S.T. board) certified. The bill extends peace officer status, along with the expanded authority and P.O.S.T. board certification requirement, to agents in charge, criminal investigator supervisors, and criminal investigators within the auto industry division.

House Bill 24-1353 created a new firearms dealer division (division) within the department. The bill designates the division director and deputy directors as peace officers who may be P.O.S.T.-board-certified. The bill makes agents in charge, criminal investigator supervisors, and criminal investigators in the division peace officers who must be P.O.S.T.-board-certified.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 16-2.5-102 as follows:

• Page 2, Line 316-2.5-102.  Certified peace officer - P.O.S.T. certification

• Page 2, Line 4required. The following peace officers shall meet all the standards

• Page 2, Line 5imposed by law on a peace officer and shall be certified by the peace

• Page 2, Line 6officers standards and training board, referred to in this article as the

• Page 2, Line 7"P.O.S.T. board": A chief of police; a police officer; a sheriff; an

• Page 2, Line 8undersheriff; a deputy sheriff; a Colorado state patrol officer; a town

• Page 2, Line 9marshal; a deputy town marshal; a reserve police officer; a reserve deputy

• Page 2, Line 10sheriff; a reserve deputy town marshal; a police officer or reserve police

• Page 2, Line 11officer employed by a state institution of higher education; a

• Page 2, Line 12department of revenue auto industry division employee

• Page 2, Line 13identified in section 16-2.5-122; a department of revenue firearms

• Page 2, Line 14dealer division employee identified in section 16-2.5-121.5 (2); a

• Page 2, Line 15Colorado wildlife officer; a Colorado parks and recreation officer; a

• Page 2, Line 16Colorado police administrator or police officer employed by the Colorado

• Page 2, Line 17mental health institute at Pueblo; an attorney general criminal

• Page 2, Line 18investigator; a community parole officer; a public transit officer; a

• Page 3, Line 1municipal court marshal; and the department of corrections inspector general.

• Page 3, Line 2SECTION 2.  In Colorado Revised Statutes, add 16-2.5-121.5 as follows:

• Page 3, Line 316-2.5-121.5.  Firearms dealer division director - deputy

• Page 3, Line 4director - agent in charge - criminal investigator supervisor -

• Page 3, Line 5criminal investigator. (1)  The director of the firearms dealer

• Page 3, Line 6division or a deputy director of the firearms dealer division is a

• Page 3, Line 7peace officer while engaged in the performance of their duties

• Page 3, Line 8and while acting under proper orders or rules whose primary

• Page 3, Line 9authority is the enforcement of part 4 of article 12 of title 18,

• Page 3, Line 10and whose authority also includes the enforcement of all the

• Page 3, Line 11laws of the state of Colorado, and who may be certified by the P.O.S.T. board.

• Page 3, Line 12(2)  An agent in charge in the firearms dealer division, a

• Page 3, Line 13criminal investigator supervisor in the firearms dealer division,

• Page 3, Line 14or a criminal investigator in the firearms dealer division is a

• Page 3, Line 15peace officer while engaged in the performance of their duties,

• Page 3, Line 16and while acting under proper orders or rules, whose primary

• Page 3, Line 17authority is the enforcement of part 4 of article 12 of title 18,

• Page 3, Line 18and whose authority also includes the enforcement of all the

• Page 3, Line 19laws of the state of Colorado, and who must be certified by the P.O.S.T. board.

• Page 3, Line 20SECTION 3.  In Colorado Revised Statutes, amend 16-2.5-122 as follows:

• Page 3, Line 2116-2.5-122.  Auto industry director - deputy director - agent in

• Page 3, Line 22charge - criminal investigator supervisor - criminal investigator. The

• Page 4, Line 1director of the auto industry division or an auto industry investigator is a

• Page 4, Line 2peace officer and a deputy director, agent in charge, criminal

• Page 4, Line 3investigator supervisor, or criminal investigator in the auto

• Page 4, Line 4industry division,are peace officers while engaged in the

• Page 4, Line 5performance of his or her their duties whose primary authority is

• Page 4, Line 6limited to the enforcement of section 44-20-105 (3) section 44-20-105,

• Page 4, Line 7and whose authority also includes the enforcement of all the

• Page 4, Line 8laws of the state of Colorado, and who must be certified by the P.O.S.T. board.

• Page 4, Line 9SECTION 4.  Safety clause. The general assembly finds,

• Page 4, Line 10determines, and declares that this act is necessary for the immediate

• Page 4, Line 11preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 12the support and maintenance of the departments of the state and state institutions.