First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0569.03 Pierce Lively x2059
HOUSE BILL 25-1246
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE PROHIBITION OF CERTAIN PARTISAN POLITICAL101
ACTIVITIES BY PUBLICLY EMPLOYED CERTIFIED PEACE OFFICERS102
WHILE IN UNIFORM OR USING GOVERNMENT RESOURCES .103
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
.)
The bill designates a category of peace officers as covered peace
officers. A covered peace officer is an individual who is both:
! A public official or employed by a political subdivision of
the state; and
! Required to be certified by the P.O.S.T. board.
HOUSE SPONSORSHIP
Marshall,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The bill prohibits a covered peace officer from:
! Using or authorizing the use of public resources for the
purpose of campaigning for or against the nomination or
election of a candidate; and
! Engaging in partisan political activity while wearing a
uniform required by a political subdivision of the state.
The bill includes a penalty for violating these prohibitions of up to $1,000
and potential dismissal from employment as a covered peace officer.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 30-10-531 as2
follows:3
30-10-531. Limitations on partisan political activities -4
exemptions - enforcement - legislative declaration - definitions.5
(1) (a) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS AND6
DECLARES THAT:7
(I) L
AW ENFORCEMENT MUST BE CONDUCTED IN AN IMPARTIAL8
AND APOLITICAL MANNER; AND9
(II) E
VEN THE APPEARANCE OF PARTISAN POLITICAL ACTIVITY IN10
THE CONDUCT OF LAW ENFORCEMENT UNDERMINES THE TRUST AND11
CONFIDENCE IN LAW ENFORCEMENT NECESSARY FOR LAW ENFORCEMENT12
OFFICERS TO PERFORM THEIR DUTIES.13
(b) T
HEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY14
THAT PEACE OFFICERS SHALL NOT ENGAGE IN PARTISAN POLITICAL15
ACTIVITY WHILE IN UNIFORM OR USING GOVERNMENT RESOURCES .16
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT17
OTHERWISE REQUIRES:18
(a) "C
OVERED PEACE OFFICER" MEANS ANY PERSON WHO IS BOTH:19
(I) A
PUBLIC OFFICIAL OR EMPLOYED BY A POLITICAL SUBDIVISION20
OF THE STATE; AND21
HB25-1246-2- (II) REQUIRED TO BE CERTIFIED BY THE P.O.S.T. BOARD PURSUANT1
TO SECTION 16-2.5-102.2
(b) "P
ARTISAN POLITICAL ACTIVITY'' MEANS AN ACTION THAT3
SUPPORTS OR OPPOSES A POLITICAL PARTY OR CANDIDATE FOR PUBLIC4
OFFICE.5
(3) Limitation on partisan political activities. I
T IS UNLAWFUL6
FOR A COVERED PEACE OFFICER TO EITHER :7
(a) U
SE OR AUTHORIZE THE USE OF PUBLIC RESOURCES FOR THE8
PURPOSE OF CAMPAIGNING FOR OR AGAINST THE NOMINATION OR9
ELECTION OF A CANDIDATE; OR10
(b) E
NGAGE IN PARTISAN POLITICAL ACTIVITY WHILE WEARING A11
UNIFORM REQUIRED BY A POLITICAL SUBDIVISION OF THE STATE .12
(4) Exemptions. N
OTHING IN THIS SECTION PROHIBITS A COVERED13
PEACE OFFICER FROM:14
(a) M
AKING A GOVERNMENT FACILITY AVAILABLE TO A PERSON15
FOR CAMPAIGN PURPOSES IF THE IDENTITY OF THE CANDIDATE OR THE16
SUPPORT FOR OR OPPOSITION TO THE CANDIDATE IS NOT A FACTOR IN17
MAKING THE GOVERNMENT FACILITY AVAILABLE OR IN DETERMINING THE18
COST OR CONDITION OF THE USE OF THE GOVERNMENT FACILITY ;19
(b) R
ESPONDING TO SPECIFIC INQUIRIES BY THE PRESS OR THE20
PUBLIC AS TO THE COVERED PEACE OFFICER'S OPINION OR FROM PROVIDING21
INFORMATION IN RESPONSE TO A REQUEST FOR INFORMATION ; OR22
(c) E
NGAGING IN ANY POLITICAL ACTIVITY WHILE NOT WEARING23
A UNIFORM REQUIRED BY A POLITICAL SUBDIVISION OF THE STATE .24
(5) Enforcement. (a) A
VIOLATION OF THIS SECTION IS A CIVIL25
INFRACTION AND, UPON CONVICTION, A COVERED PEACE OFFICER IS26
SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND DOLLARS PER27
HB25-1246
-3- VIOLATION AND MAY BE DISMISSED FROM EMPLOYMENT AS A COVERED1
PEACE OFFICER.2
(b) (I) A
NY PERSON MAY FILE AN AFFIDAVIT WITH THE DISTRICT3
ATTORNEY STATING THE NAME OF ANY COVERED PEACE OFFICER WHO HAS4
VIOLATED THIS SECTION AND STATING THE FACTS THAT CONSTITUTE THE5
ALLEGED OFFENSE. UPON THE FILING OF SUCH AN AFFIDAVIT, THE DISTRICT6
ATTORNEY SHALL PROMPTLY INVESTIGATE AND , IF REASONABLE GROUNDS7
FOR FINDING A VIOLATION APPEAR , THE DISTRICT ATTORNEY SHALL8
PROSECUTE THE VIOLATOR.9
(II) T
HE ATTORNEY GENERAL HAS EQUAL POWER WITH THE10
DISTRICT ATTORNEY TO FILE AND PROSECUTE COMPLAINTS AGAINST ANY11
COVERED PEACE OFFICER FOR VIOLATING THIS SECTION .12
SECTION 2. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly; except15
that, if a referendum petition is filed pursuant to section 1 (3) of article V16
of the state constitution against this act or an item, section, or part of this17
act within such period, then the act, item, section, or part will not take18
effect unless approved by the people at the general election to be held in19
November 2026 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
HB25-1246
-4-