Colorado § 44-30-204 - Investigator - peace officers.

§ 44-30-204. Investigator - peace officers.

(1) All investigators of the division and their supervisors, including the director and the executive director, have all the powers of any peace officer to:

(a) Make arrests, with or without warrant, for any violation of this article 30, article 20 of title 18, or the rules promulgated pursuant to this article 30, any other laws or rules pertaining to the conduct of limited gaming or sports betting in this state, or any criminal law of this state, if, during an officer's exercise of powers or performance of duties under this section, probable cause is established that a violation of any said law or rule has occurred;

(b) Inspect, examine, investigate, hold, or impound any premises in the state where:

(I) Limited gaming or sports betting is conducted;

(II) An investigator or supervisor suspects that unlicensed gaming or unlicensed sports betting is conducted;

(III) There are any devices or equipment designed for or used in limited gaming or sports betting; or

(IV) There are any books or records that are related in any way to gaming or sports betting;

(c) Require any person licensed pursuant to this article 30, upon demand, to permit an inspection of his or her licensed premises, gaming equipment and devices, or books or records; and to permit the testing and the seizure for testing or examination purposes of all devices, equipment, and books and records;

(d) Serve all warrants, notices, summonses, or other processes relating to the enforcement of laws regulating limited gaming or sports betting;

(e) Serve distraint warrants issued by the department pertaining to limited gaming or sports betting;

(f) Conduct investigations into the character, record, and reputation of all applicants for limited gaming or sports betting licenses, all licensees, and any other persons as the commission may determine pertaining to limited gaming or sports betting;

(g) Investigate violations of all the laws pertaining to limited gaming, sports betting, and activities related to both;

(h) Assist or aid any sheriff or other peace officer in the performance of his or her duties upon the sheriff's or peace officer's request or the request of other local officials having jurisdiction.

(2) Criminal violations of this article 30 discovered during an authorized investigation or discovered by the commission shall be referred to the appropriate district attorney.

(3) The investigators of the division, including the director of the division, shall be considered peace officers, as described in sections 16-2.5-101 and 16-2.5-123. The executive director shall be considered a peace officer as described in sections 16-2.5-101 and 16-2.5-121.

(4) Nothing in this section shall be construed to prohibit local sheriffs, police departments, and other local law enforcement agencies from enforcing the provisions of this article 30, and the rules promulgated pursuant to this article 30, or from performing their other duties to the full extent permitted by law. All sheriffs, police officers, district attorneys, and other local law enforcement agencies shall have all the powers set forth in subsection (1) of this section.

Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 176, § 2, effective October 1. L. 2019: IP(1), (1)(a), (1)(b), and (1)(d) to (1)(g) amended, (HB 19-1327), ch. 347, p. 3212, § 7, effective May 1, 2020. L. 2026: (1)(b) amended, (SB 26-163), ch. 218, p. 1281, § 2, effective August 12.

Editor's note: (1) This section is similar to former § 12-47.1-204 as it existed prior to 2018.

(2) Section 16(2) of chapter 347 (HB 19-1327), Session Laws of Colorado 2019, provides that changes to this section take effect May 1, 2020, only if, at the November 2019 statewide election, a majority of voters approve the ballot question submitted pursuant to § 44-30-1514. That ballot question, referred to the registered electors as proposition DD, was approved on November 5, 2019, and was proclaimed by the Governor on December 20, 2019. The vote count for the measure was as follows:

FOR: 800,745

AGAINST: 756,712