16-2.5-101. Peace officer - description - general authority.

Statute text

(1) A person who is included within the provisions of this article and who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this article is a peace officer. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1.

(2) (a) A peace officer certified by the peace officers standards and training board shall have the authority to carry firearms at all times, concealed or otherwise, subject to the written firearms policy created by the agency employing the peace officer. All other peace officers shall have the authority to carry firearms, concealed or otherwise, while engaged in the performance of their duties or as otherwise authorized by the written policy of the agency employing the officer.

(b) (I) A law enforcement agency may amend its written firearms policy, or use an existing policy, authorizing the possession of a firearm by an eligible immigrant, as defined in section 24-31-320 (2). A firearms policy must comply with any federal law or regulation promulgated by the United States department of justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, governing possession of a firearm and any related exceptions.

(II) An eligible immigrant may enroll in a training academy, as defined in section 24-31-301 (6), if the eligible immigrant is employed by a law enforcement agency and the agency's written firearms policy authorizes the eligible immigrant to possess and use a firearm at the academy, and permits transporting, storing, cleaning, and maintaining the firearm outside of instructional hours, as appropriate.

(III) The law enforcement agency that employs the eligible immigrant shall notify the P.O.S.T. board, in a manner determined by board rule pursuant to section 24-31-320 (1), that the eligible immigrant is compliant with the agency's written firearms policy while attending a training academy.

(3) As used in every statute, unless the context otherwise requires, "law enforcement officer" means a peace officer.

History

Source: L. 2003: Entire article added, p. 1605, 2, effective August 6. L. 2006: (1) amended, p. 27, 1, effective July 1, 2007. L. 2023: (2) amended, (HB 23-1143), ch. 121, p. 451, 2, effective August 7.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 16-2.5-101 is similar to repealed 18-1-901 (3)(l), relevant cases construing that provision have been included in the annotations to this section.

Jailer included as peace officer. The jailer is a deputy sheriff and as such is a peace officer within the definition of subsection (3)(l). People v. Shockley, 41 Colo. App. 515, 591 P.2d 589 (1978).

Fellow officer doctrine applicable to parole officer. By definition in the "Colorado Criminal Code", the parole officer is a "peace officer", and there is no persuasive reason why a parole officer should not come within the fellow officer doctrine. People v. Bergstrom, 190 Colo. 105, 544 P.2d 396 (1975).

Under the "fellow officer rule", a sheriff's deputies were entitled to rely upon and accept the information supplied by the parole officer. People v. Bergstrom, 190 Colo. 105, 544 P.2d 396 (1975).

For purposes of the reference to subsection (3)(l)(I) made in 24-31-302 (5), the certification requirement does not constitute a part of that the referenced definition. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).

The phrase "has the authority to enforce all the laws of the state of Colorado while acting within the scope of his authority and in the performance of his duties", does not constitute a part of the definition of peace officer, level I. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).

Applied in People v. Roberts, 43 Colo. App. 100, 601 P.2d 654 (1979); People v. Herrera, 633 P.2d 1091 (Colo. App. 1981).