(1) As used in this section, unless the context otherwise requires:
"Law enforcement agency of the department" means the department and any agencywithin the department that employs at least one peace officer.
"Peace officer" means a certified peace officer described in section 16-2.5-102, C.R.S.
"Photographic identification" means a photographic identification that satisfies thedescription at 18 U.S.C. sec. 926C (d).
(2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a law enforcement agency of the department has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if:
The peace officer requests the identification;
The peace officer retired from the law enforcement agency before the date uponwhich the agency discontinued the policy; and
The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c).
Before issuing or renewing a photographic identification to a retired law enforcementofficer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" (Pub.L. 103159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.
A law enforcement agency of the department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification.
Notwithstanding any provision of this section to the contrary, a law enforcementagency of the department shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so.
If a law enforcement agency of the department denies a photographic identificationto a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.
Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 262, § 6, effective August 7.