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SB13-013: Federal Agents Can Double as Local Cops in Colorado?Tim King Salem-News.com
Feds get more power as state's governor signs progressive gun control legislation.
(SACRAMENTO, CA) - A new bill gives a special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service limited peace officer authority while working in Colorado.
The tension surrounding the notion of regulating firearms is leading to new, unexpected federal involvement in local authority. Desperation is showing on all fronts in this fight. Large numbers of gun owners refuse to accept the idea of any type of gun regulation, and anti-gun proponents are willing to showcase national tragedy in an attempt to change firearm laws.
The state's decriminalization of marijuana has certainly left a black eye, but the shooting at the Aurora Theater, which many contend is a story officials have not fully divulged (see sidebar), places the mile high state on a slippery slope for gun owners.
Late last week, newly released court documents outlined of details of the deadly 14 Dec shooting.
In response, Sen. Richard Blumenthal, D-Conn., says 154 rounds were:
Colorado Governor John Hickenlooper did sign a bill just days ago, that regulates firearm purchases, by placing a limit of 15 bullets per clip of ammunition and requiring universal background checks for gun sales. Also, the cost for this bill will be absorbed by lawful gun purchasers. Read the full text of the bill here.
The new bill offering wider authority to federal agents in Colorado, allows agents to respond to:
In other words, feds will be able to essentially involve themselves in any level or type of crime they determine is necessary. Regardless of whether they are city, county, state or federal police, law enforcement employs broad interpretation when carrying out their work.
Here is the exact wording of SB13-013:
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at (http://www.leg.state.co.us/billsummaries.)
The bill gives a special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service limited peace officer authority while working in Colorado.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. In Colorado Revised Statutes, add 16-2.5-150 as
4 16-2.5-150. Federal secret service agents. (1) A SPECIAL AGENT,
5 UNIFORM DIVISION OFFICER, PHYSICAL SECURITY TECHNICIAN, PHYSICAL
6 SECURITY SPECIALIST, OR SPECIAL OFFICER OF THE UNITED STATES SECRET
7 SERVICE, REFERRED TO IN THIS SECTION AS A "SECRET SERVICE AGENT", IN
8 ANY JURISDICTION WITHIN THE STATE OF COLORADO, IS A PEACE OFFICER
9 WHOSE AUTHORITY IS LIMITED AS PROVIDED IN THIS SECTION. THE SECRET
10 SERVICE AGENT IS A PEACE OFFICER IN THE FOLLOWING CIRCUMSTANCES:
11 (a) (I) RESPONDING TO A NONFEDERAL FELONY OR MISDEMEANOR
12 THAT HAS BEEN COMMITTED IN HIS OR HER PRESENCE;
13 (II) RESPONDING TO AN EMERGENCY SITUATION IN WHICH HE OR
14 SHE HAS PROBABLE CAUSE TO BELIEVE THAT A NONFEDERAL FELONY OR
15 MISDEMEANOR INVOLVING INJURY OR THREAT OF INJURY TO A PERSON OR
16 PROPERTY HAS BEEN, OR IS BEING, COMMITTED AND IMMEDIATE ACTION IS
17 REQUIRED TO PREVENT ESCAPE, SERIOUS BODILY INJURY, OR DESTRUCTION
18 OF PROPERTY;
19 (III) RENDERING ASSISTANCE AT THE REQUEST OF A COLORADO
20 PEACE OFFICER; OR
21 (IV) EFFECTING AN ARREST OR PROVIDING ASSISTANCE AS PART OF
22 A BONA FIDE TASK FORCE OR JOINT INVESTIGATION WITH COLORADO
23 PEACE OFFICERS; AND
24 (b) THE SECRET SERVICE AGENT ACTS IN ACCORDANCE WITH THE
25 RULES AND REGULATIONS OF HIS OR HER EMPLOYING AGENCY.
26 (2) A SECRET SERVICE AGENT IS A PERSON WHO IS EMPLOYED BY
1 THE UNITED STATES GOVERNMENT, ASSIGNED TO THE UNITED STATES
2 SECRET SERVICE, EMPOWERED TO EFFECT AN ARREST WITH OR WITHOUT
3 A WARRANT FOR VIOLATIONS OF THE UNITED STATES CODE, AND
4 AUTHORIZED TO CARRY A FIREARM AND USE DEADLY FORCE IN THE
5 PERFORMANCE OF HIS OR HER DUTIES AS A FEDERAL LAW ENFORCEMENT
7 (3) UPON EFFECTING AN ARREST UNDER THE AUTHORITY OF THIS
8 SECTION,b A SECRET SERVICE AGENT SHALL IMMEDIATELY SURRENDER
9 CUSTODY OF THE ARRESTED INDIVIDUAL TO A COLORADO PEACE OFFICER.
10 (4) THIS SECTION DOES NOT IMPOSE LIABILITY ON OR REQUIRE
11 INDEMNIFICATION OR CREATE A WAIVER OF SOVEREIGN IMMUNITY BY THE
12 STATE OF COLORADO FOR ANY ACTION PERFORMED UNDER THIS SECTION
13 BY A SECRET SERVICE AGENT
14 (5) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND
15 THE AUTHORITY OF FEDERAL LAW ENFORCEMENT OFFICERS TO INITIATE OR
16 CONDUCT AN INDEPENDENT INVESTIGATION INTO VIOLATIONS OF
17 COLORADO LAW
18 SECTION 2. Safety clause. The general assembly hereby finds,
19 determines, and declares that this act is necessary for the immediate
20 preservation of the public peace, health, and safety.
Tim King: Salem-News.com Editor and Writer
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With almost 25 years of experience on the west coast and worldwide as a television news producer, photojournalist, reporter and assignment editor, Tim King is Salem-News.com's Executive News Editor. His background includes covering the war in Afghanistan in 2006 and 2007, and reporting from the Iraq war in 2008. Tim is a former U.S. Marine who follows stories of Marines and Marine Veterans; he's covered British Royal Marines and in Iraq, Tim embedded with the same unit he served with in the 1980's.
Tim holds awards for reporting, photography, writing and editing from traditional mainstream news agencies like The Associated Press and Electronic Media Association; he also holds awards from the National Coalition of Motorcyclists, the Oregon Confederation of Motorcycle Clubs; and was presented with a 'Good Neighbor Award' for his reporting, by the The Red Cross.
Tim's years as a Human Rights reporter have taken on many dimensions; he has rallied for a long list of cultures and populations and continues to every day, with a strong and direct concentration on the 2009 Genocide of Tamil Hindus and Christians in Sri Lanka. As a result of his long list of reports exposing war crimes against Tamil people, Tim was invited to be the keynote speaker at the FeTNA (Federation of Tamil Sangams of North America) Conference in Baltimore, in July 2012. This is the largest annual gathering of North American Tamils; Tim addressed more than 3000 people and was presented with a traditional Sri Lanka ‘blessed garland’ and a shawl as per the tradition and custom of Tamil Nadu
In a personal capacity, Tim has written 2,026 articles as of March 2012 for Salem-News.com since the new format designed by Matt Lintz was launched in December, 2005. Serving readers with news from all over the globe, Tim's life is literally encircled by the endless news flow published by Salem-News.com, where more than 100 writers contribute stories from 23+ countries and regions.
Tim specializes in writing about political and military developments worldwide; and maintains that the label 'terrorist' is ill placed in many cases; specifically with the LTTE Tamil Tigers in Sri Lanka, where it was used as an excuse to slaughter people by the tens of thousands; and in Gaza, where a trapped population lives at the mercy of Israel's destructive military war crime grinder. At the center of all of this, Tim pays extremely close attention to the safety and welfare of journalists worldwide.
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