Service outside state.

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(1) Such forces shall not be required to serve outside the boundaries of the state except that:

  1. Upon the request of the governor of another state, the governor of this state, in his orher discretion, may order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state. These forces may be recalled by the governor at his or her discretion.

  2. Any organization, unit, or detachment of such forces, upon order of the officer inimmediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces beyond the borders of this state into another state until such are apprehended or captured by such organization, unit, or detachment or until the military or police forces of the other state or forces of the United States have had an opportunity to take up the pursuit or to apprehend or capture such persons, if such other state has given authority by law for such pursuit by the forces of this state. Any such person who is apprehended or captured in such other state by an organization, unit, or detachment of the forces of this state, without unnecessary delay, shall be surrendered to the military or police forces of the state in which he or she is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.

Source: L. 43: p. 441, § 7. CSA: C. 111, § 129. CRS 53: § 94-7-7. C.R.S. 1963: § 94-27. L. 2002: Entire section amended, p. 592, § 23, effective May 24.


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