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Bill Detail: SB20-217

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Title Enhance Law Enforcement Integrity
Status Governor Signed (06/19/2020)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors L. Herod (D)
S. Gonzales-Gutierrez (D)
Senate Sponsors R. Fields (D)
L. Garcia (D)
House Committee Finance
Senate Committee State, Veterans and Military Affairs
Date Introduced 06/03/2020
Description

The bill requires all local law enforcement agencies to issue
body-worn cameras to their officers and requires all recordings of an
incident be released to the public within 14 days after the incident. Peace
officers shall wear and activate a body-worn camera at any time when
interacting with the public.
The bill requires the division of criminal justice in the department
of public safety to create an annual report of the information that is
reported to the attorney general, aggregated and broken down by state or

local agency that employs peace officers, along with the underlying data.
Each state and local agency that employs peace officers shall report to the
attorney general:
  • All use of force by its officers that results in death or
serious bodily injury;
  • All instances when an officer resigned while under
investigation for violating department policy;
  • All data relating to stops conducted by its peace officers;
and
  • All data related to the use of an unannounced entry by a
peace officer.
The division of criminal justice shall maintain a statewide database
with data collected in a searchable format and publish the database on its
website. Any state and local law enforcement agency that fails to meet its
reporting requirements is subject to suspension of its funding by its
appropriating authority.
If any peace officer is convicted of or pleads guilty or nolo
contendere to any inappropriate use of physical force or a crime involving
the unlawful use or threatened use of physical force, or for failing to
intervene to prevent inappropriate use of physical force, the peace
officer's employing agency shall immediately terminate the peace officer's
employment and the P.O.S.T. board shall permanently revoke the peace
officer's certification. The P.O.S.T. board shall not, under any
circumstances, reinstate the peace officer's certification or grant new
certification to the peace officer.
The bill allows a person who has a constitutional right secured by
the bill of rights of the Colorado constitution that is infringed upon by a
peace officer to bring a civil action for the violation. A plaintiff who
prevails in the lawsuit is entitled to reasonable attorney fees, and a
defendant in an individual suit is entitled to reasonable attorney fees for
defending any frivolous claims. Qualified immunity and a defendant's
good faith but erroneous belief in the lawfulness of his or her conduct are
not defenses to the civil action. The bill requires a political subdivision
of the state to indemnify its employees for such a claim.
The bill allows a peace officer or detention facility guard to use
deadly physical force only when necessary to effect an arrest or prevent
escape from custody when the person is using a deadly weapon or likely
to imminently cause danger to life or serious bodily injury. The bill
repeals a peace officer's authority to use a chokehold.
The bill requires the P.O.S.T. board to create and maintain a
database containing information related to a peace officer's:
  • Untruthfulness;
  • Repeated failure to follow P.O.S.T. board training
requirements;
  • Decertification; and
  • Termination for cause.
The bill allows the P.O.S.T. board to revoke peace officer
certification for a peace officer who has failed to complete required peace
officer training.
The bill requires a peace officer to have an objective justification
for making a stop. After making a stop, a peace officer shall report to the
peace officer's employing agency that information that the agency is
required to report to the attorney general's office.
The bill requires the division of criminal justice in the department
of public safety to conduct, in coordination with the P.O.S.T. board, a
post-investigation evaluation of all officer-involved deaths to determine
and propose improvements and alterations to training of peace officers to
guide future officer behavior.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (06/30/2020) (most recent)  
Additional Bill Documents Bill Documents
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  • Past fiscal notes
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