- The P.O.S.T. board shall have the power to promulgate rules for enforcement of this part 3.
- The attorney general may enforce the provisions of this part 3 through an action in district court for injunctive or other appropriate relief against:
- 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
- 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.
- 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).
- 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.
Source: L. 94: Entire section added, p. 1731, § 9, effective May 31. L. 2020: Entire section amended, (SB 20-217), ch. 110, p. 459, § 15, effective June 19. L. 2021: (3) amended and (3.5) added, (HB 21-1250), ch. 458, p. 3067, § 15, effective July 6.
Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.