Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0401.01 Michael Dohr         HOUSE BILL 06-1027
                    HOUSE SPONSORSHIP
 Lindstrom,
 
                   SENATE SPONSORSHIP
 Johnson,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning persons authorized as peace officers in
            Colorado.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Clarifies peace officer status for municipal court marshals and
       public transit officers.  Eliminates the option of a municipal court marshal
       receiving reserve officer training in lieu of basic peace officer standards
       and training board certification training.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  16-2.5-101 (1), Colorado Revised Statutes, is
       amended to read:
            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.
            SECTION 2.  16-2.5-145, Colorado Revised Statutes, is amended
       to read:
            16-2.5-145.  Municipal court marshal.  A municipal court
       marshal employed by a municipality is who is employed by a
       municipality and is specifically designated a peace officer by the
       municipality is a peace officer while engaged in the performance of
       his or her duties. whose authority The authority of such a municipal
       court marshal shall be limited to providing security for the municipal
       court, transporting, detaining, and maintaining control over prisoners,
       executing all arrest warrants within the municipal court and its grounds,
       executing municipal court arrest warrants within the municipal limits, and
       serving legal process issued by the municipal court within the municipal
       limits. and who A municipal court marshal shall be certified by the
       P.O.S.T. board. or receive the training required for a reserve officer
       pursuant to section 16-2.5-110.
            SECTION 3.  16-2.5-146 (1), Colorado Revised Statutes, is
       amended to read:
            16-2.5-146.  Public transit officer - definitions.  (1)  A public
       transit officer who is employed by a public transportation entity, as
       defined in section 18-4-801 (2), C.R.S., is and is specifically
       designated a peace officer by the public transportation entity is
       a peace officer while engaged in the performance of his or her duties.
       A public transit officer's authority shall be limited to the enforcement of
       all laws of the state of Colorado and the provision of security for
       passengers, employees, and property of the public transportation entity on
       public transportation vehicles, as defined in section 18-4-801 (3), C.R.S.,
       and at public transportation facilities.  A public transit officer's authority
       shall include the power of arrest based upon probable cause while
       engaged in the performance of his or her duties.  A public transit officer
       shall be certified by the P.O.S.T. board.
            SECTION 4.  Effective date.  This act shall take effect at 12:01
       a.m. on the day following the expiration of the ninety-day period after
       final adjournment of the general assembly that is allowed for submitting
       a referendum petition pursuant to article V, section 1 (3) of the state
       constitution (August 9, 2006, if adjournment sine die is on May 10,
       2006); except that, if a referendum petition is filed against this act or an
       item, section, or part of this act within such period, then the act, item,
       section, or part, if approved by the people, shall take effect on the date of
       the official declaration of the vote thereon by proclamation of the
       governor.