§ 25-20-104 — Duty of peace officer

(1) A peace officer shall make a diligent
effort to determine whether any disabled person he finds is an epileptic or a
diabetic, or suffers from some other type of illness that would cause the condition.
Whenever feasible, this effort shall be made before the person is charged with a
crime or taken to a place of detention.

(2) In seeking to determine whether a disabled person suffers from an
illness, a peace officer shall make a reasonable search for an identifying device and
an identification card of the type described in section 25-20-103 (2) and examine
them for emergency information. The peace officer may not search for an
identifying device or an identification card in a manner or to an extent that would
appear to a reasonable person in the circumstances to cause an unreasonable risk
of worsening the disabled person's condition.

(3) A peace officer who finds a disabled person without an identifying device
or identification card is not relieved of his duty to that person to make a diligent
effort to ascertain the existence of any illness causing the disabled condition.

(4) A claim for relief against a peace officer does not arise from his making a
reasonable search of the disabled person to locate an identifying device or
identification card, even though the person is not wearing an identifying device or
carrying an identification card.

(5) A peace officer who determines or has reason to believe that a disabled
person is suffering from an illness causing his condition shall promptly notify the
person's physician, if practicable. If the officer is unable to ascertain the physician's
identity or to communicate with him, the officer shall make a reasonable effort to
cause the disabled person to be transported immediately to a medical practitioner
or to a facility where medical treatment is available. If the officer believes it unduly
dangerous to move the disabled person, he shall make a reasonable effort to obtain
the assistance of a medical practitioner.

Legislative History

Source: L. 73: p. 754, � 1. C.R.S. 1963: � 66-39-4.