Section 18-8-405 - Second degree official misconduct(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously: (a) Refrains from performing a duty imposed upon him by law; or(b) Violates any statute or lawfully adopted rule or regulation relating to his office.(2) Second degree official misconduct is a petty offense.Amended by 2021 Ch. 462,§298, eff. 3/1/2022.L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-405. L. 83: (1)(a) amended, p. 710, § 2, effective June 10. L. 2021: (2) amended, (SB 21-271), ch. 3200, p. 3200, § 298, effective March 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).