Colo. Rev. Stat. § 16-2-104

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session

Section 16-2-104 - Issuance of summons and complaint

A summons and complaint may be issued by any peace officer for an offense constituting a misdemeanor or a petty offense committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for penalty assessment notices, which must be handled pursuant to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and complaint so issued must be filed immediately with the county court before which appearance is required, and a second copy must be given to the district attorney or deputy district attorney for the county.

C.R.S. § 16-2-104

Amended by 2022 Ch. 68, § 9, eff. 3/1/2022.

Amended by 2021 Ch. 462, § 165, eff. 3/1/2022.

L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-104. L. 73: p. 498, § 1. L. 2021: Entire section amended, (SB 21-271), ch. 3160, p. 3160, § 165, effective 3/1/2022.

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the description of peace officer as it applies to the "Colorado Criminal Code", see § 16-2.5-101 .