(1) As used in this section, unless the context otherwise requires:
"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 police department of a city or town has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the police department, and the police department discontinues said policy after August 7, 2013, the police department shall continue to provide such photographic identification to peace officers who have retired from the police department if:
The peace officer requests the identification;
The peace officer retired from the police department before the date upon which thepolice department 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. 103-159, 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.
The police department may charge a fee for issuing a photographic identification to aretired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the police department in issuing the photographic identification.
Notwithstanding any provision of this section to the contrary, a police departmentshall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the police department elects not to do so.
If a police department denies a photographic identification to a retired peace officerwho requests a photographic identification pursuant to this section, the police department 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. 259, § 4, effective August 7.