Penalty assessment notice procedure

16-2-201. Penalty assessment notice procedure. (1) When a person is arrested for a civil infraction, the arresting officer may give the person a penalty assessment notice pursuant to section 16-2.3-102 and release the person upon its terms. (1.5) The provisions of subsection (1) of this section notwithstanding, when an officer comes upon an unattended vehicle which is parked in apparent violation of any county parking ordinance, the officer may place upon the vehicle a penalty assessment notice as specified in subsection (2) of this section; except that said notice shall contain the license plate number and state of registration of the vehicle and need not contain the identification of the alleged offender. (2) The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the clerk of the county court in the county in which the alleged offense occurred. The provisions of this section shall not apply to penalties assessed pursuant to authority of law outside this code unless this section is specifically referred to in such other law. (3) If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he chooses not to acknowledge his guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine. Source: L. 72: R&RE, p. 197, � 1. C.R.S. 1963: � 39-2-201. L. 73: p. 498, � 2. L. 91: Entire section amended, p. 423, � 1, effective March 11. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3160, � 167, effective March 1, 2022. L. 2022: (1) amended, (HB 22-1229), ch. 68, p. 341, � 11, effective March 1. Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022. ARTICLE 2.3 Civil Infractions Editor's note: (1) This article 2.3 was added in 2021 and was not amended prior to 2022. It was repealed and reenacted in 2022, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 2.3 prior to 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding this article 2.3 is effective March 1, 2022, but the governor did not approve the act until April 7, 2022. 16-2.3-101. Civil infractions classified. (1) It is a civil infraction for any person to commit any offense or violate any statute of this state that is specifically classified as a civil infraction. A civil infraction is a civil matter. (2) For the purposes of this article 2.3: (a) Judge includes any county court magistrate who hears a civil infraction matter; and (b) Magistrate includes any county court judge who is acting as a county court magistrate in a civil infraction matter. (3) The penalty for commission of a civil infraction, upon conviction, is a fine of not more than one hundred dollars, unless otherwise provided in the section describing the infraction. (4) Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of a civil infraction must be fined and have a surcharge levied pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(III), and 24-33.5-415.6. Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 333, � 1, effective March 1. 16-2.3-102. Penalty assessment notice for civil infractions. (1) (a) At any time that a peace officer, as described in section 16-2.5-101, charges a person with the commission of any civil infraction, the peace officer may, except when prohibited by the section describing the charged civil infraction, offer to give a penalty assessment notice to the person. For all civil infractions, the fine listed on the penalty assessment notice is one hundred dollars, unless the fine is otherwise provided in the section describing the civil infraction. (b) The penalty assessment notice that a peace officer serves upon the person must be a summons and complaint containing the following: (I) Identification of the alleged offender; (II) Specification of the offense, including a citation to the section alleged to have been violated and a brief description of the civil infraction; (III) The amount of the fine for the civil infraction and the amount of the surcharges pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1), and 24-33.5-415.6; (IV) The date the peace officer serves the penalty assessment notice upon the person; (V) Instructions to the person to appear in a specified county court at a specified time and place if the fine and surcharges are not paid; (VI) The peace officer's signature; (VII) A place where the person may execute a signed acknowledgment of liability and an agreement to pay the fine and surcharges within twenty days; and (VIII) Other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint should the fine and surcharges not be paid within the time allowed in subsection (2) of this section. (c) A penalty assessment notice issued and served pursuant to subsection (1)(a) of this section on a minor under eighteen years of age must also contain or be accompanied by a document containing: (I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor; (II) Preprinted signature lines following the declaration on which the reviewing person described in subsection (1)(c)(I) of this section shall affix the person's signature and for a notary public to duly acknowledge the reviewing person's signature; and (III) An advisement to the minor that: (A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform the minor's parent or legal guardian that the minor has received a penalty assessment notice; (B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have the person's signature duly acknowledged by a notary public; and (C) Noncompliance with the requirement set forth in subsection (1)(c)(III)(B) of this section will result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to subsection (4) of this section. (d) The peace officer must serve one copy of the penalty assessment notice upon the person and shall send one copy to the clerk of the county court in the county in which the alleged offense occurred. The copy sent to the clerk of the county court must be sent immediately after service upon the person. (e) The time specified in the summons portion of the penalty assessment notice must be at least thirty days but not more than ninety days after the date the penalty assessment notice is served. (f) The place specified in the summons portion of the penalty assessment notice must be a county court within the county in which the civil infraction is alleged to have been committed. (g) If the person refuses to accept service of the penalty assessment notice, tender of the notice by the peace officer to the person constitutes service upon the person. (2) (a) If the person served a penalty assessment notice acknowledges guilt, the person may pay the specified fine and surcharges in person or by mail at the place and within the time specified in the notice. If the person does not acknowledge guilt, the person shall appear as required in the notice. Upon final hearing, if the person is found guilty, the court shall impose the fine and surcharges specified in the notice for the offense for which the person was found guilty and the court may impose court costs against the person in addition to the fine and surcharges. (b) The fine specified in the penalty assessment notice for the violation charged and the surcharges must be paid to the clerk of the court of the jurisdiction in which the offense is alleged to have occurred, either in person or by postmarking such payment within twenty days after the date the penalty assessment notice is served upon the person. Except as otherwise provided in subsection (4) of this section, acceptance of a penalty assessment notice and payment of the fine and surcharges to the court are complete satisfaction for the violation. The person must be given a receipt if the person pays the fine and surcharges in currency or other form of legal tender. (3) If a person charged with a civil infraction fails to pay the fine and surcharges within twenty days after the date of the penalty assessment notice, or if the clerk of the court does not accept payment for the fine and surcharges as evidenced by receipt, the person is allowed to pay the fine, surcharges, and the docket fees in the amounts set forth in sections 13-1-204 (1)(b) and 16-2.3-106 (5)(a)(I) to the clerk of the court referred to in the summons portion of the penalty assessment notice during the two business days prior to the time for appearance, as specified in the notice. If the fine for a civil infraction and surcharges is not timely paid, the case is heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the manner provided for in this article 2.3 for the prosecution of civil infractions. (4) Notwithstanding the provisions of subsection (2) of this section, a minor under eighteen years of age shall appear at a hearing on the date and time specified in the penalty assessment notice and answer the alleged violation if the penalty assessment was timely paid but not signed and notarized in the manner required by subsection (1)(c)(III)(B) of this section. (5) Notwithstanding the provisions of subsection (1) of this section, if the offense charged is for the commission of a civil infraction for a parks and wildlife violation contained in title 33, the penalty assessment procedures contained in section 33-6-104 or 33-15-102 apply. Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 334, � 1, effective September 1. 16-2.3-103. Summons and complaint for civil infractions. (1) A summons and complaint may be issued by any peace officer for an offense constituting a civil infraction committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for penalty assessment notices, which must be handled pursuant to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and complaint issued must be filed immediately with the county court before which appearance is required, and a second copy must be given to the district attorney or deputy district attorney for the county. (2) A summons issued by the county court for a civil infraction may be served by giving a copy to the person or by leaving a copy at the person's usual place of abode with a person over the age of eighteen years residing therein, or by mailing a copy to the person's last-known address by certified mail, return receipt requested, not less than fourteen days prior to the time the person is required to appear. Service by mail is complete upon the return of the receipt signed by the person. Personal service must be made by any disinterested party over eighteen years of age. Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 336, � 1, effective March 1. 16-2.3-104. Parties to a crime. A person is legally accountable as principal for the behavior of another person who commits a civil infraction if, with the intent to promote or facilitate the commission of the offense, the person aids, abets, advises, or encourages the other person in planning or committing the offense. Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 337, � 1, effective March 1. 16-2.3-105. Civil infractions - proper court for hearing - burden of proof - appeal - collateral attack. (1) A county court magistrate appointed pursuant to part 5 of article 6 of title 13, or a county judge acting as a magistrate, shall conduct the hearing in a county court for the adjudication of a civil infraction; except that, if the charge includes a crime and civil infraction in the same summons and complaint, all charges must be made returnable before a judge or magistrate who has jurisdiction over the crime. The Colorado rules of criminal procedure apply in a case that contains both a crime and a civil infraction. (2) When a court of competent jurisdiction determines that a person charged with a misdemeanor or petty offense is guilty of a lesser included offense that is a civil infraction, the court may enter a judgment as to the lesser included offense. (3) In a civil infraction case, the burden of proof is on the people, and the magistrate shall enter judgment in favor of the person unless the people prove the liability of the person beyond a reasonable doubt. The district attorney or a district attorney's deputy may, but is not required to, at the district attorney's discretion, enter a civil infraction case for the purpose of attempting to negotiate a plea to a lesser offense, reduced penalty, or a stipulation to pretrial diversion or deferred judgment and sentence. The district attorney shall not represent the state at hearings conducted by a magistrate or a county judge acting as a magistrate on civil infraction matters. The magistrate or county judge acting as a magistrate may call and question any witness and shall act as the fact finder at hearings on civil infraction matters. (4) An appeal from final judgment on a civil infraction matter must be taken to the district court for the county where the magistrate or judge acting as magistrate is located. (5) (a) Except as otherwise provided in subsection (5)(b) of this section, a person against whom a judgment is entered for a civil infraction may not collaterally attack the validity of that judgment unless the person commences the attack within six months after the date of entry of the judgment. (b) In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitation specified in subsection (5)(a) of this section are cases in which the court hearing the collateral attack finds: (I) That the court entering judgment did not have jurisdiction over the subject matter of the alleged civil infraction; (II) That the court entering judgment did not have jurisdiction over the person; (III) By a preponderance of the evidence, that the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of an adjudication of incompetence or by commitment or certification of the violator to an institution for treatment as a person with a behavioral health disorder; or (IV) That the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of circumstances amounting to justifiable excuse or excusable neglect. Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 337, � 1, effective March 1. 16-2.3-106. Failure to pay penalty for civil infractions - failure of parent or guardian to sign penalty assessment notice - procedures. (1) Unless a person who has been cited for a civil infraction pays the fine and surcharges pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1), and 24-33.5-415.6, the person shall appear at a hearing on the date and time specified in the summons and complaint and answer the complaint. This requirement to appear may be complied with by appearance of counsel. (2) If a minor under eighteen years of age is required to appear at a hearing pursuant to subsection (1) of this section, the minor shall inform the minor's parent or legal guardian, and the parent or legal guardian shall also appear at the hearing. (3) If the person answers that the person is guilty or if the person fails to appear for the hearing, the magistrate shall enter judgment against the person. (4) If the person denies the allegations in the complaint, a final hearing on the complaint must be held subject to the provisions regarding a speedy trial in section 18-1-405. If the person is found guilty or liable at the final hearing or if the person fails to appear for a final hearing, the magistrate shall enter judgment against the person. (5) (a) (I) If judgment is entered against a person, the magistrate shall assess the appropriate fine and surcharges, a docket fee of sixteen dollars, and other applicable costs authorized by section 13-16-122 (1). (II) All docket fees collected pursuant to subsection (5)(a)(I) of this section must be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6). (b) A magistrate shall not issue a bench warrant for the arrest of any person who fails to appear for a hearing pursuant to subsection (1), (2), or (3) of this section or for a final hearing pursuant to subsection (4) of this section. Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 338, � 1, effective March 1. ARTICLE 2.5 Peace Officers PART 1 PEACE OFFICERS Law reviews: For article, Controlling the Criminal Justice System: Colorado as a Case Study, see 94 Denv. L. Rev. 497 (2017). 16-2.5-100.3. Definitions. As used in this article 2.5, unless the context otherwise requires: (1) P.O.S.T. board means the peace officers standards and training board created in section 24-31-302 (1). Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2043, � 66, effective August 6. 16-2.5-101. Peace officer - description - general authority. (1) A person who is included within the provisions of this article and who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this article is a peace officer. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1. (2) (a) 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. 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. 16-2.5-102. Certified peace officer - P.O.S.T. certification required. The following peace officers shall meet all the standards imposed by law on a peace officer and shall be certified by the P.O.S.T. board: A chief of police, a police officer, a sheriff, an undersheriff, a deputy sheriff, a Colorado state patrol officer, a town marshal, a deputy town marshal, a reserve police officer, a reserve deputy sheriff, a reserve deputy town marshal, a police officer or reserve police officer employed by a state institution of higher education, a department of revenue auto industry division employee identified in section 16-2.5-122, a department of revenue firearms dealer division employee identified in section 16-2.5-121.5 (2), a Colorado wildlife officer, a Colorado parks and recreation officer, a Colorado police administrator or police officer employed by the Colorado mental health institute at Pueblo, an attorney general criminal investigator, a community parole officer, a public transit officer, a municipal court marshal, administrators of judicial security, the department of corrections inspector general, and a Colorado ranger. Source: L. 2003: Entire article added, p. 1606, � 2, effective August 6. L. 2004: Entire section amended, p. 1162, � 2, effective May 27. L. 2008: Entire section amended, p. 85, � 1, effective March 18. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2069, � 26, effective August 11. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 759, � 25, effective June 6. L. 2025: Entire section amended, (HB 25-1181), ch. 36, p. 179, � 1, effective March 26; entire section amended, (HB 25-1314), ch. 241, p. 1225, � 1, effective May 23; entire section amended, (HB 25-1136), ch. 333, p. 1729, � 7, effective May 31; entire section amended, (SB 25-275), ch. 377, p. 2043, � 67, effective August 6. Editor's note: Amendments to this section by HB 25-1136, HB 25-1181, HB 25-1314, and SB 25-275 were harmonized. 16-2.5-103. Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff. (1) A sheriff, an undersheriff, and a deputy sheriff are peace officers whose authority shall include the enforcement of all laws of the state of Colorado. A sheriff shall be certified by the P.O.S.T. board pursuant to section 30-10-501.6, C.R.S. An undersheriff and a deputy sheriff shall be certified by the P.O.S.T. board. (2) A noncertified deputy sheriff or detention officer is a peace officer employed by a county or city and county whose authority is limited to the duties assigned by and while working under the direction of the chief of police, sheriff, an official who has the duties of a sheriff in a city and county, or chief executive of the employing law enforcement agency. Source: L. 2003: Entire article added, p. 1606, � 2, effective August 6. 16-2.5-104. Coroner. A coroner is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to part 6 of article 10 of title 30, C.R.S. Source: L. 2003: Entire article added, p. 1606, � 2, effective August 6. 16-2.5-105. Police officer. A police officer, including a chief of police employed by a municipality, is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1606, � 2, effective August 6. 16-2.5-106. Southern Ute Indian police officer. A Southern Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1606, � 2, effective August 6. 16-2.5-107. Ute Mountain Ute Indian police officer. A Ute Mountain Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1606, � 2, effective August 6. 16-2.5-108. Town marshal - deputy. A town marshal or deputy town marshal is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1607, � 2, effective August 6. 16-2.5-109. Fire arson investigator. A fire arson investigator authorized by a unit of local government is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the enforcement of arson and related laws and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1607, � 2, effective August 6. L. 2008: Entire section amended, p. 703, � 1, effective May 1. 16-2.5-110. Reserve police officer - reserve deputy sheriff - reserve deputy town marshal - definitions. (1) (a) A reserve police officer, a reserve deputy sheriff, and a reserve deputy town marshal are reserve officers. (b) Reserve officer means a person authorized by a city, city and county, town, county, or state institution of higher education within this state to act as a reserve police officer, reserve deputy sheriff, or reserve town marshal for certain specific and limited periods of time while the person is authorized to be on duty and acting at the express direction or under the direct supervision of a fully P.O.S.T.-certified peace officer pursuant to section 16-2.5-103, 16-2.5-105, 16-2.5-108, or 16-2.5-120. A reserve officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the authority granted by his or her authorizing agency. (c) A reserve officer: (I) Shall obtain reserve certification by the P.O.S.T. board as a reserve officer; or (II) May be a fully P.O.S.T.-certified peace officer serving as a volunteer and may be granted full peace officer status and authority at the discretion of the appointing authority. (2) A city, city and county, town, county, or state institution of higher education assigning duties to a reserve officer beyond those duties included in the P.O.S.T. board training shall assume the responsibility for ensuring that the reserve officer is adequately trained for the duties. Any expenses associated with the additional training shall be authorized by the city, city and county, town, county, or state institution of higher education. If the jurisdiction allows or requires the reserve officer to carry or use a firearm while on duty, the reserve officer shall be certified for firearms proficiency with the same frequency and subject to the same requirements as a P.O.S.T.-certified peace officer in the jurisdiction. A reserve officer who does not comply with the training requirements set forth in this subsection (2) is not authorized to enforce the laws of the state of Colorado. (3) (Deleted by amendment, L. 2007, p. 121, � 1, effective August 3, 2007.) (3.5) If a police chief, sheriff, or town marshal determines that a reserve officer has been adequately trained to perform a law-enforcement function that the police chief, sheriff, or town marshal is required to perform, the police chief, sheriff, or town marshal may allow the reserve officer to perform the function either in uniform or in civilian clothes, whichever is appropriate. (4) When performing extradition duties, the reserve officer shall be accompanied by a P.O.S.T.-certified officer. (5) A reserve officer may be compensated for his or her time during a declared emergency or during a time of special need. In all other circumstances, a reserve officer shall serve without compensation, but may be reimbursed at the discretion of the city, city and county, town, county, or state institution of higher education benefitting from the services of the reserve officer for any authorized out-of-pocket expenses incurred in the course of his or her duties. The city, city and county, town, county, or state institution of higher education shall pay the cost of workers' compensation benefits for injuries incurred by a reserve officer while on duty and while acting within the scope of his or her assigned duties. A reserve officer is an authorized volunteer for purposes of article 10 of title 24, C.R.S. (6) For the purposes of this section: (a) Direct supervision means an assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer, which assignment is carried out in the personal presence of, or in direct radio or telephone contact with, and under the immediate control of, the fully P.O.S.T.-certified peace officer. (b) Express direction means a defined, task-specific assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer. The fully P.O.S.T.-certified peace officer need not be present while the reserve officer carries out the assignment. (7) For the purposes of this section, a person serving as a citizen auxiliary is not a peace officer and the P.O.S.T. board shall not require the person to be certified. Source: L. 2003: Entire article added, p. 1607, � 2, effective August 6. L. 2004: (3), (4), and (6) amended and (3.5) added, p. 678, � 1, effective August 4. L. 2007: (1), (3), and (6) amended, p. 121, � 1, effective August 3. L. 2008: (1)(b), (2), and (5) amended, p. 85, � 2, effective March 18. 16-2.5-111. Executive director of the department of public safety - deputy executive director of the department of public safety - director of the division of criminal justice in the department of public safety. The executive director and deputy executive director of the department of public safety and the director of the division of criminal justice in the department of public safety are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1608, � 2, effective August 6. L. 2012: Entire section amended, (HB12-1079), ch. 21, p. 56, � 1, effective March 16. 16-2.5-112. Director of the division of homeland security and emergency management. The director of the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1608, � 2, effective August 6. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1132, � 39, effective July 1. Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012. 16-2.5-112.5. Manager of the office of prevention and security within the division of homeland security and emergency management. The manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2017: Entire section added, (HB 17-1209), ch. 247, p. 1043, � 1, effective August 9. 16-2.5-113. Colorado bureau of investigation director - agent. A director of the Colorado bureau of investigation is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. A Colorado bureau of investigation agent is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-409, C.R.S., and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1608, � 2, effective August 6. L. 2013: Entire section amended, (HB 13-1076), ch. 6, p. 16, � 1, effective February 27. 16-2.5-114. Colorado state patrol officer. A Colorado state patrol officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-212, C.R.S., and who shall be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1609, � 2, effective August 6. 16-2.5-115. Port of entry officer. A port of entry officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 42-8-104, C.R.S. Source: L. 2003: Entire article added, p. 1609, � 2, effective August 6. 16-2.5-116. Colorado wildlife officer - special wildlife officer. (1) A Colorado wildlife officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-1-102 (4.3), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado wildlife officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law. (2) A special wildlife officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-1-110 (5), C.R.S. Source: L. 2003: Entire article added p. 1609, � 2, effective August 6; (2) amended, p. 1954, � 50, effective August 6. 16-2.5-117. Colorado parks and recreation officer - special parks and recreation officer. (1) A Colorado parks and recreation officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-10-102 (17), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado parks and recreation officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law. (2) A special parks and recreation officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-10-109 (1)(f), C.R.S. Source: L. 2003: Entire article added, p. 1609, � 2, effective August 6; (2) amended, p. 1954, � 51, effective August 6. 16-2.5-118. Commissioner of agriculture. The commissioner of agriculture or his or her designee is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to sections 35-36-103 and 35-36-312 of the Commodity Handler and Farm Products Act; the Animal Protection Act, section 35-42-107 (4); and the Pet Animal Care and Facilities Act, section 35-80-109 (6). Source: L. 2003: Entire article added, p. 1609, � 2, effective August 6. L. 2017: Entire section amended, (SB 17-225), ch. 262, p. 1246, � 4, effective August 9. L. 2020: Entire section amended, (HB 20-1213), ch. 160, p. 753, � 5, effective June 29. 16-2.5-119. State brand inspector. A state brand inspector is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 35-53-128, C.R.S. Source: L. 2003: Entire article added, p. 1609, � 2, effective August 6. 16-2.5-120. Colorado state higher education security officer. A Colorado state higher education security officer employed by a state institution of higher education pursuant to sections 24-7-101 to 24-7-106, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2008: Entire section amended, p. 86, � 3, effective March 18. 16-2.5-121. Executive director of the department of revenue - senior director of enforcement for the department of revenue. The executive director and the senior director of enforcement of the department of revenue are peace officers while engaged in the performance of their duties whose authority includes the enforcement of laws and rules regarding automobile dealers pursuant to section 44-20-105 (3), the lottery pursuant to sections 44-40-106 (3) and 44-40-107 (8), medical marijuana pursuant to article 10 of title 44, limited gaming pursuant to article 30 of title 44, liquor pursuant to section 44-3-905 (1), and racing events pursuant to section 44-32-203 (1), and the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2010: Entire section amended, (HB 10-1284), ch. 355, p. 1685, � 4, effective July 1. L. 2017: Entire section amended, (SB 17-240), ch. 395, p. 2063, � 44, effective July 1. L. 2018: Entire section amended, (SB 18-030), ch. 7, p. 139, � 7, effective October 1; entire section amended, (SB 18-034), ch. 14, p. 238, � 9, effective October 1; entire section amended, (HB 18-1023), ch. 55, p. 586, � 10, effective October 1; entire section amended, (HB 18-1024), ch. 26, p. 322, � 10, effective October 1; entire section amended, (HB 18-1025), ch. 152, p. 1078, � 6, effective October 1; entire section amended, (HB 18-1027), ch. 31, p. 362, � 6, effective October 1; entire section amended, (HB 18-1375), ch. 274, p. 1699, � 15, effective October 1. L. 2019: Entire section amended, (SB 19-224), ch. 315, p. 2936, � 14, effective January 1, 2020. Editor's note: Amendments to this section by SB 18-030, SB 18-034, HB 18-1023, HB 18-1024, HB 18-1025, and HB 18-1027 were harmonized. 16-2.5-121.5. Firearms dealer division director - deputy director - agent in charge - criminal investigator supervisor - criminal investigator. (1) The director of the firearms dealer division or a deputy director of the firearms dealer division is a peace officer while engaged in the performance of their duties and while acting under proper orders or rules whose primary authority is the enforcement of part 4 of article 12 of title 18, and whose authority also includes the enforcement of all the laws of the state of Colorado, and who may be certified by the P.O.S.T. board. (2) An agent in charge in the firearms dealer division, a criminal investigator supervisor in the firearms dealer division, or a criminal investigator in the firearms dealer division is a peace officer while engaged in the performance of their duties, and while acting under proper orders or rules, whose primary authority is the enforcement of part 4 of article 12 of title 18, and whose authority also includes the enforcement of all the laws of the state of Colorado, and who must be certified by the P.O.S.T. board. Source: L. 2025: Entire section added, (HB 25-1314), ch. 241, p. 1225, � 2, effective May 23. 16-2.5-122. Auto industry director - deputy director - agent in charge - criminal investigator supervisor - criminal investigator. The director of the auto industry division and a deputy director, agent in charge, criminal investigator supervisor, or criminal investigator in the auto industry division, are peace officers while engaged in the performance of their duties whose primary authority is the enforcement of section 44-20-105, and whose authority also includes the enforcement of all the laws of the state of Colorado, and who must be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2017: Entire section amended, (SB 17-240), ch. 395, p. 2064, � 46, effective July 1. L. 2018: Entire section amended, (SB 18-030), ch. 7, p. 139, � 8, effective October 1. L. 2025: Entire section amended, (HB 25-1314), ch. 241, p. 1226, � 3, effective May 23. 16-2.5-122.5. Motor vehicle criminal investigator. A motor vehicle criminal investigator employed by the department of revenue is a peace officer while engaged in the performance of the investigator's duties and whose primary authority is as stated in section 42-1-222, and whose authority also includes the enforcement of all of the laws of the state of Colorado, and who shall be certified by the P.O.S.T. board. Source: L. 2022: Entire section added, (HB 22-1088), ch. 55, p. 258, � 2, effective August 10. Cross references: For the legislative declaration in HB 22-1088, see section 1 of chapter 55, Session Laws of Colorado 2022. 16-2.5-123. Director of the division of gaming - gaming investigator. The director of the division of gaming in the department of revenue or a gaming investigator in the department of revenue is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in section 44-30-204 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2018: Entire section amended, (SB 18-034), ch. 14, p. 238, � 10, effective October 1. 16-2.5-123.5. Criminal tax enforcement special agent. A criminal tax enforcement special agent employed by the department of revenue is a peace officer while engaged in the performance of the investigator's duties and while acting under proper orders or rules, whose primary authority is the enforcement of section 39-21-118, and also includes the enforcement of all of the laws of the state of Colorado, and who shall be certified by the P.O.S.T. board. Source: L. 2022: Entire section added, (HB 22-1088), ch. 55, p. 258, � 2, effective August 10. Cross references: For the legislative declaration in HB 22-1088, see section 1 of chapter 55, Session Laws of Colorado 2022. 16-2.5-124. Liquor enforcement investigator. A liquor enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or regulations whose primary authority shall be as stated in sections 44-3-905 (1) and 44-7-104 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2018: Entire section amended, (SB 18-036), ch. 34, p. 377, � 5, effective October 1; entire section amended, (HB 18-1025), ch. 152, p. 1078, � 7, effective October 1. Editor's note: Amendments to this section by SB 18-036 and HB 18-1025 were harmonized. 16-2.5-124.5. Director of marijuana enforcement and marijuana enforcement investigator. The director of the marijuana enforcement division or a marijuana enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or rules pursuant to article 10 of title 44, and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2010: Entire section added, (HB 10-1284), ch. 355, p. 1685, � 5, effective July 1. L. 2013: Entire section amended, (HB 13-1317), ch. 329, p. 1864, � 6, effective May 28. L. 2018: Entire section amended, (HB 18-1023), ch. 55, p. 586, � 11, effective October 1. L. 2019: Entire section amended, (SB 19-224), ch. 315, p. 2937, � 15, effective January 1, 2020. 16-2.5-125. State lottery investigator. A state lottery investigator is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in sections 44-40-106 (3) and 44-40-107 (8) and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2018: Entire section amended, (HB 18-1027), ch. 31, p. 363, � 7, effective October 1. 16-2.5-126. Director of racing events - racing events supervisor - racing events investigator. The director of racing events, a racing events supervisor, and a racing events investigator are peace officers while engaged in the performance of their duties whose primary authority shall be as stated in section 44-32-203 (1) and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1610, � 2, effective August 6. L. 2018: Entire section amended, (HB 18-1024), ch. 26, p. 322, � 11, effective October 1. 16-2.5-127. State student loan investigator. A state student loan investigator is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 23-3.1-104 (2)(q), C.R.S. Source: L. 2003: Entire article added, p. 1611, � 2, effective August 6. 16-2.5-128. Colorado attorney general - chief deputy attorney general - solicitor general - assistant solicitor general - deputy attorney general - assistant attorney general of criminal enforcement - assistant attorney general and employee as designated. The attorney general, chief deputy attorney general, solicitor general, assistant solicitors general, deputy attorneys general, assistant attorneys general of criminal enforcement, and certain other assistant attorneys general and employees of the department of law who are designated by the attorney general are peace officers 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. Source: L. 2003: Entire article added, p. 1611, � 2, effective August 6. L. 2011: Entire section amended, (SB 11-020), ch. 39, p. 105, � 1, effective March 21. 16-2.5-129. Attorney general criminal investigator. An attorney general criminal investigator is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1611, � 2, effective August 6. 16-2.5-130. P.O.S.T. director - P.O.S.T. board investigator. The director of the P.O.S.T. board, deputy director, and a P.O.S.T. board investigator are peace officers while engaged in the performance of their duties whose primary authority shall include the enforcement of laws and rules pertaining to the training and certification of peace officers and shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1611, � 2, effective August 6. L. 2025: Entire section amended, (HB 25-1136), ch. 333, p. 1730, � 8, effective May 31. 16-2.5-131. Chief security officer for the general assembly. The chief security officer for the general assembly is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 2-2-402, C.R.S. Source: L. 2003: Entire article added, p. 1611, � 2, effective August 6. 16-2.5-132. District attorney - assistant district attorney - chief deputy district attorney - deputy district attorney - special deputy district attorney - special prosecutor. A district attorney, an assistant district attorney, a chief deputy district attorney, a deputy district attorney, a special deputy district attorney, and a special prosecutor are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. Source: L. 2003: Entire article added, p. 1611, � 2, effecti