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Legislative Year: 2021 Change
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Bill Detail: HB21-1250

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Title Measures to Address Law Enforcement Accountability
Status Governor Signed (07/06/2021)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors L. Herod (D)
S. Gonzales-Gutierrez (D)
Senate Sponsors R. Fields (D)
R. Gardner (R)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 03/30/2021
Summary

The bill makes changes to the provisions of Senate Bill 20-217,
enacted in 2020, (SB 217) to provide clarity and address issues
discovered since the passage of the bill. SB 217 used the term
exonerated, but never defined it; the bill defines exonerated. The bill
clarifies some of the circumstances when a body-worn camera must be
operating and provisions related to the release of the footage. The bill

requires an officer to comply with the body-worn camera requirements if
the officer is wearing a body camera, even though the requirement for all
officers to wear a body camera does not take effect until July 1, 2023.
SB 217 required law enforcement to report certain information
related to each contact an officer has with a person beginning January 1,
2023. The bill changes the start date of the reporting requirement to
January 1, 2022. The bill expands the definition of contact to include
welfare checks. The bill clarifies and adds to some of the information that
must be reported.
SB 217 required the peace officers standards and training
(P.O.S.T.) board to permanently decertify a peace officer if the officer
failed to intervene and serious bodily injury or death occurred. The bill
changes the penalty to a suspension of the officer's certification for one
year.
Under current law, there is a civil action that permits suit against
employers of local law enforcement officers for misconduct. The bill
permits the Colorado state patrol to also be sued via that civil action. The
bill also requires the employer to conduct an investigation of an officer
prior to determining if the officer acted in good faith.
If a person believes that a law enforcement agency has violated the
investigation requirement, the person must submit a complaint to the
P.O.S.T. board, which shall refer the complaint to an administrative law
judge to determine whether a violation occurred. The administrative law
judge shall notify the P.O.S.T. board chair of a finding that a violation
occurred. If a violation is found, the P.O.S.T. board shall not provide
P.O.S.T. cash fund money to the employer for one full year from the date
of the finding.
The bill requires a peace officer to use de-escalation techniques
prior to the use of physical force and requires the use of physical force to
be objectively reasonable.
The bill requires that prior to hiring a new employee, appointing
a new employee, or transferring an existing employee to a position
requiring P.O.S.T. certification, a law enforcement agency shall
determine if the person has a record contained in the P.O.S.T. misconduct
database. If the person is listed in the database and the law enforcement
agency proceeds to employ the person in a position requiring P.O.S.T.
certification, the agency shall notify the P.O.S.T. board of the hire,
appointment, or transfer.
The bill clarifies and adds to some of the information required to
be included in the P.O.S.T. board database related to peace officer
misconduct.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (06/03/2021) (most recent)  
Additional Bill Documents Bill Documents
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  • Past fiscal notes
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