Second Regular Session Seventy-second General Assembly STATE OF COLORADO BILLPAPER SENATE BILL LLS NO. 20-1309.01 Michael Dohr x4347 SENATE SPONSORSHIP Garcia and Fields, Fenberg, Williams A., Gonzales, Moreno, Rodriguez, Bridges, Danielson, Donovan, Foote, Ginal, Hansen, Lee, Pettersen, Story, Todd, Winter, Zenzinger HOUSE SPONSORSHIP Herod and Gonzales-Gutierrez, Garnett, Buckner, Coleman, Exum, Jackson, Melton, Benavidez, Buentello, Caraveo, Duran, Jaquez Lewis, Tipper, Valdez A., Valdez D., Arndt, Becker, Bird, Cutter, Esgar, Froelich, Gray, Hooton, Kennedy, Kipp, Kraft-Tharp, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica, Roberts, Singer, Sirota, Snyder, Sullivan, Titone, Weissman, Woodrow, Young Senate Committees House Committees A BILL FOR AN ACT 101 CONCERNING MEASURES TO ENHANCE LAW ENFORCEMENT INTEGRITY. Bill Summary (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://leg.colorado.gov.) 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 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 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 -2- ! 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. 1 2 3 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 9 to article 31 of title 24 as follows: 4 PART 9 5 LAW ENFORCEMENT INTEGRITY 6 7 8 24-31-901. Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "DEMOGRAPHIC INFORMATION" MEANS RACE, NATIONAL 9 ORIGIN , SEX , AGE, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY 10 STATUS, MENTAL HEALTH STATUS, HOUSING STATUS, AND VETERAN 11 STATUS. 12 13 14 15 (2) "PEACE OFFICER" MEANS A PERSON INCLUDED IN THE PROVISIONS OF ARTICLE 2.5 OF TITLE 16. (3) "SERIOUS SECTION 18-1-901 BODILY INJURY" HAS THE SAME MEANING AS IN (3)(p). 16 24-31-902. Incident recordings - release - tampering - fine. 17 (1) (a) (I) BY JULY 1, 2021, ALL LOCAL LAW ENFORCEMENT AGENCIES IN 18 THE STATE SHALL PROVIDE BODY-WORN CAMERAS FOR EACH MEMBER OF -3- 1 THE LAW ENFORCEMENT AGENCY WHO INTERACTS WITH MEMBERS OF THE 2 PUBLIC. LAW ENFORCEMENT AGENCIES MAY SEEK FUNDING PURSUANT TO 3 SECTION 24-33.5-519. 4 (II) A PEACE OFFICER SHALL WEAR AND ACTIVATE A BODY-WORN 5 CAMERA AT ANY TIME WHEN INTERACTING WITH A MEMBER OF THE 6 PUBLIC. 7 (III) IF A PEACE OFFICER FAILS TO ACTIVATE OR TAMPERS WITH 8 BODY-WORN- OR DASH-CAMERA FOOTAGE OR OPERATION, THERE IS A 9 REBUTTABLE PRESUMPTION IN ANY INVESTIGATION AND LEGAL 10 PROCEEDING, WHETHER CRIMINAL OR CIVIL, THAT THE MISSING FOOTAGE 11 WOULD HAVE REFLECTED MISCONDUCT BY THE PEACE OFFICER. 12 (b) ANY DEPARTMENT THAT IS UNABLE TO COMPLY WITH THE 13 PROVISIONS OF SUBSECTION 14 ATTORNEY GENERAL FOR A SINGLE ONE-YEAR WAIVER TO COMPLY WITH 15 SUBSECTION (1)(a) OF THIS SECTION. THE ATTORNEY GENERAL SHALL NOT 16 GRANT A WAIVER IF THE DEPARTMENT HAS NOT COMPLIED WITH ANY 17 PROVISION OF SENATE BILL 20-___, ENACTED IN 2020. 18 (2) ALL (1)(a) OF THIS SECTION MAY APPLY TO THE UNEDITED VIDEO AND AUDIO RECORDINGS OF THE 19 INCIDENT, INCLUDING THOSE FROM BODY -WORN CAMERAS, DASH 20 CAMERAS, OR OTHERWISE COLLECTED THROUGH INVESTIGATION, MUST BE 21 RELEASED TO THE PUBLIC WITHIN FOURTEEN DAYS AFTER THE INCIDENT. 22 24-31-903. Division of criminal justice report. (1) BEGINNING 23 JULY 1, 2021, THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF 24 PUBLIC SAFETY SHALL CREATE AN ANNUAL REPORT INCLUDING ALL OF THE 25 INFORMATION THAT IS REPORTED TO THE ATTORNEY GENERAL PURSUANT 26 TO SUBSECTION (2) OF THIS SECTION, AGGREGATED AND BROKEN DOWN BY 27 THE STATE OR LOCAL LAW ENFORCEMENT AGENCY THAT EMPLOYS PEACE -4- 1 2 3 4 5 OFFICERS, ALONG WITH THE UNDERLYING DATA. (2) EACH STATE AND LOCAL LAW ENFORCEMENT AGENCY THAT EMPLOYS PEACE OFFICERS SHALL REPORT TO THE ATTORNEY GENERAL: (a) ALL USE OF FORCE BY ITS PEACE OFFICERS THAT RESULTS IN DEATH OR SERIOUS BODILY INJURY, INCLUDING: 6 (I) THE DATE, TIME, AND LOCATION OF THE USE OF FORCE; 7 (II) THE PERCEIVED DEMOGRAPHIC INFORMATION OF THE SUBJECT 8 9 BASED ON THE OBSERVATION AND PERCEPTION OF THE PEACE OFFICER; (III) THE NAMES OF ALL PEACE OFFICERS WHO WERE AT THE 10 SCENE, IDENTIFIED BY WHETHER THE PEACE OFFICER WAS INVOLVED IN 11 THE USE OF FORCE OR NOT; 12 (IV) THE TYPE OF FORCE USED, THE SEVERITY AND NATURE OF THE 13 INJURY, WHETHER THE PEACE OFFICER SUFFERED PHYSICAL INJURY, AND 14 THE SEVERITY OF THE PEACE OFFICER'S INJURY; 15 (V) WHETHER THE PEACE OFFICER WAS ON DUTY AT THE TIME OF 16 THE USE OF FORCE; 17 (VI) WHETHER THE USE OF FORCE RESULTED IN A LAW 18 ENFORCEMENT AGENCY INVESTIGATION AND THE RESULT OF THE 19 INVESTIGATION; AND 20 21 22 23 (VII) WHETHER THE USE OF FORCE RESULTED IN A CITIZEN COMPLAINT AND THE RESOLUTION OF THAT COMPLAINT. (b) ALL INSTANCES WHEN A PEACE OFFICER RESIGNED WHILE UNDER INVESTIGATION FOR VIOLATING DEPARTMENT POLICY; 24 (c) ALL 25 OFFICERS, INCLUDING: DATA RELATING TO STOPS CONDUCTED BY ITS PEACE 26 (I) THE PERCEIVED DEMOGRAPHIC INFORMATION OF THE PERSON 27 STOPPED BASED ON THE OBSERVATION AND PERCEPTION OF THE PEACE -5- 1 OFFICER MAKING THE STOP; 2 (II) WHETHER THE STOP WAS A TRAFFIC STOP; 3 (III) THE TIME, DATE, AND LOCATION OF THE STOP; 4 (IV) THE DURATION OF THE STOP; 5 (V) THE REASON FOR THE STOP; 6 (VI) THE SUSPECTED CRIME; 7 (VII) THE RESULT OF THE STOP, SUCH AS: 8 (A) NO 9 10 11 ACTION, WARNING, CITATION, PROPERTY SEIZURE, OR ARREST; (B) IF A WARNING OR CITATION WAS ISSUED, THE WARNING PROVIDED OR VIOLATION CITED; 12 (C) IF AN ARREST WAS MADE, THE OFFENSE CHARGED; 13 (D) 14 15 16 17 18 IF THE STOP WAS A TRAFFIC STOP, THE INFORMATION COLLECTED, WHICH IS LIMITED TO THE DRIVER; (VIII) THE ACTIONS TAKEN BY THE PEACE OFFICER DURING THE STOP, INCLUDING BUT NOT LIMITED TO WHETHER: (A) THE PEACE OFFICER ASKED FOR CONSENT TO SEARCH THE PERSON, AND, IF SO, WHETHER CONSENT WAS PROVIDED; 19 (B) THE PEACE OFFICER SEARCHED THE PERSON OR ANY PROPERTY, 20 AND, IF SO, THE BASIS FOR THE SEARCH AND THE TYPE OF CONTRABAND OR 21 EVIDENCE DISCOVERED, IF ANY; AND 22 (C) THE PEACE OFFICER SEIZED ANY PROPERTY AND, IF SO, THE 23 TYPE OF PROPERTY THAT WAS SEIZED AND THE BASIS FOR SEIZING THE 24 PROPERTY; 25 26 27 (d) ALL INSTANCES OF UNANNOUNCED ENTRY AS DESCRIBED IN SECTION 16-3-313, INCLUDING: (I) THE DATE, TIME, AND LOCATION OF THE USE OF UNANNOUNCED -6- 1 ENTRY; AND 2 (II) THE PERCEIVED DEMOGRAPHIC INFORMATION OF THE SUBJECT 3 OF THE UNANNOUNCED ENTRY BASED ON THE OBSERVATION AND 4 PERCEPTION OF THE PEACE OFFICER AND THE NAME OF THE PEACE OFFICER. 5 (3) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT 6 REPORT THE NAME, ADDRESS, SOCIAL SECURITY NUMBER, OR OTHER 7 UNIQUE PERSONAL IDENTIFYING INFORMATION OF THE SUBJECT OF THE USE 8 OF FORCE, VICTIM OF THE OFFICIAL MISCONDUCT, OR PERSONS STOPPED, 9 SEARCHED, OR SUBJECTED TO A PROPERTY SEIZURE. NOTWITHSTANDING 10 ANY PROVISION OF LAW TO THE CONTRARY, THE DATA REPORTED 11 PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC PURSUANT TO 12 SUBSECTION (4) OF THIS SECTION. 13 (4) THE DIVISION OF CRIMINAL JUSTICE SHALL MAINTAIN A 14 STATEWIDE DATABASE WITH DATA COLLECTED PURSUANT TO THIS 15 SECTION, IN A SEARCHABLE FORMAT, AND PUBLISH THE DATABASE ON ITS 16 WEBSITE. 17 (5) ANY STATE AND LOCAL LAW ENFORCEMENT AGENCY THAT 18 FAILS TO MEET ITS REPORTING REQUIREMENTS PURSUANT TO THIS SECTION 19 IS SUBJECT TO THE SUSPENSION OF ITS FUNDING BY ITS APPROPRIATING 20 AUTHORITY. 21 24-31-904. Terminate peace officer employment after 22 conviction. NOTWITHSTANDING ANY PROVISION OF LAW, IF ANY PEACE 23 OFFICER IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO 24 ANY INAPPROPRIATE USE OF PHYSICAL FORCE, OR A CRIME INVOLVING THE 25 UNLAWFUL USE OR THREATENED USE OF PHYSICAL FORCE, OR FOR FAILING 26 TO INTERVENE TO PREVENT INAPPROPRIATE USE OF PHYSICAL FORCE, OR 27 IS FOUND CIVILLY LIABLE FOR USING EXCESSIVE FORCE FOR ANY CONDUCT -7- 1 DESCRIBED IN THIS SECTION , THE PEACE OFFICER'S EMPLOYING AGENCY 2 SHALL IMMEDIATELY TERMINATE THE PEACE OFFICER'S EMPLOYMENT AND 3 THE P.O.S.T. BOARD SHALL PERMANENTLY REVOKE THE PEACE OFFICER'S 4 CERTIFICATION. 5 CIRCUMSTANCES, REINSTATE THE PEACE OFFICER'S CERTIFICATION OR 6 GRANT NEW CERTIFICATION TO THE PEACE OFFICER. THE P.O.S.T. BOARD 7 SHALL RECORD EACH DECERTIFIED PEACE OFFICER IN THE DATABASE 8 CREATED PURSUANT TO SECTION 24-31-303 9 10 THE P.O.S.T. BOARD SHALL NOT, UNDER ANY (1)(r). SECTION 2. In Colorado Revised Statutes, add 13-21-131 as follows: 11 13-21-131. Civil action for deprivation of rights - definition. 12 (1) A PEACE OFFICER EMPLOYED BY A LOCAL GOVERNMENT WHO, UNDER 13 COLOR OF LAW, SUBJECTS OR CAUSES TO BE SUBJECTED, INCLUDING 14 FAILING TO INTERVENE, ANY OTHER PERSON TO THE DEPRIVATION OF ANY 15 INDIVIDUAL RIGHTS THAT CREATE BINDING OBLIGATIONS ON GOVERNMENT 16 ACTORS SECURED BY THE BILL OF RIGHTS, ARTICLE 17 CONSTITUTION, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR 18 EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF. II OF THE STATE 19 (2) (a) STATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON 20 LIABILITY, DAMAGES, OR ATTORNEY FEES DO NOT APPLY TO CLAIMS 21 BROUGHT PURSUANT TO THIS SECTION. 22 (b) NEITHER QUALIFIED IMMUNITY, NOR A DEFENDANT'S GOOD 23 FAITH BUT ERRONEOUS BELIEF IN THE LAWFULNESS OF HIS OR HER 24 CONDUCT, IS A DEFENSE TO LIABILITY PURSUANT TO THIS SECTION. 25 (3) IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION, A COURT 26 SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING 27 PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT SHALL DEEM A -8- 1 PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS A 2 SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE 3 RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS ENTERED IN 4 FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS 5 AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE 6 COURT FINDS FRIVOLOUS. 7 (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A 8 POLITICAL SUBDIVISION OF THE STATE SHALL INDEMNIFY ITS PEACE 9 OFFICERS FOR ANY LIABILITY INCURRED BY THE EMPLOYEE AND FOR ANY 10 JUDGMENT OR SETTLEMENT ENTERED AGAINST THE EMPLOYEE FOR CLAIMS 11 ARISING PURSUANT TO THIS SECTION; EXCEPT THAT THE PEACE OFFICER IS 12 PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY A PUBLIC ENTITY, 13 INSURANCE CARRIER, OR OTHERWISE FOR FIVE PERCENT OR ONE HUNDRED 14 THOUSAND DOLLARS OF THE JUDGMENT OR SETTLEMENT, WHICHEVER IS 15 LESS. THE POLITICAL SUBDIVISION OF THE STATE SHALL APPROPRIATE THE 16 FIRST TWO HUNDRED THOUSAND DOLLARS OF THE INDEMNIFICATION FROM 17 THE POLITICAL SUBDIVISION'S PUBLIC SAFETY BUDGET, UNLESS THE PUBLIC 18 SAFETY BUDGET IS LESS THAN TWO HUNDRED THOUSAND DOLLARS, IN 19 WHICH CASE AT LEAST TWENTY-FIVE PERCENT OF THE PUBLIC SAFETY 20 BUDGET SHALL BE USED TO INDEMNIFY. 21 SECTION 3. In Colorado Revised Statutes, 18-1-707, amend (1) 22 introductory portion, (2), (4), and (8)(a); and repeal (2.5) and (3) as 23 follows: 24 18-1-707. Use of physical force in making an arrest or in 25 preventing an escape - definitions. (1) 26 subsections (2) and (2.5) SUBSECTION (2) of this section, a peace officer 27 is justified in using reasonable and appropriate physical force upon -9- Except as provided in 1 another person when and to the extent that he 2 reasonably believes it necessary: THE PEACE OFFICER 3 (2) A peace officer is justified in using deadly physical force upon 4 another person for a purpose specified in subsection (1) of this section 5 only when he THE PEACE OFFICER reasonably believes that it is necessary: 6 (a) To defend himself OR HERSELF or a third person from what he 7 THE PEACE OFFICER 8 deadly physical force; or 9 10 11 12 13 14 15 reasonably believes to be the use or imminent use of (b) To effect an arrest, or to prevent the escape from custody, of a person whom he THE PEACE OFFICER reasonably believes: (I) Has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon; or (II) (I) Is attempting to escape by the use, POSSESSION, NOT SIMPLY THE of a deadly weapon; or (III) (II) Otherwise indicates, except through a motor vehicle 16 violation, that he Is 17 inflict serious bodily injury to another unless apprehended without delay. 18 (2.5) (a) A peace officer is justified in using a chokehold upon 19 another person for the purposes specified in subsection (1) of this section 20 only when he or she reasonably believes that it is necessary: IMMINENTLY likely to endanger human life or to 21 (I) To defend himself or herself or a third person from what he or 22 she reasonably believes to be the use or imminent use of deadly physical 23 force or infliction of bodily injury; or 24 25 26 27 (II) To effect an arrest, or to prevent the escape from custody, of a person whom he or she reasonably believes: (A) Has committed or attempted to commit a felony involving or threatening the use of a deadly weapon; or -10- 1 (B) Is attempting to escape by the use of physical force; or 2 (C) Indicates, except through a motor vehicle, that he or she is 3 likely to endanger human life or to inflict serious bodily injury to another 4 unless he or she is apprehended without delay. 5 (b) For the purposes of this subsection (2.5), "chokehold" means 6 a method by which a person holds another person by putting his or her 7 arm around the other person's neck with sufficient pressure to make 8 breathing difficult or impossible and includes, but is not limited to, any 9 pressure to the throat or windpipe, which may prevent or hinder breathing 10 or reduce intake of air. 11 (3) Nothing in subsection (2)(b) or subsection (2.5) of this section 12 shall be deemed to constitute justification for reckless or criminally 13 negligent conduct by a peace officer amounting to an offense against or 14 with respect to innocent persons whom he is not seeking to arrest or retain 15 in custody. 16 (4) For purposes of this section, a reasonable belief that a person 17 has committed an offense means a reasonable belief in facts or 18 circumstances that if true would in law constitute an offense. If the 19 believed facts or circumstances would not in law constitute an offense, an 20 erroneous though not unreasonable belief that the law is otherwise does 21 not render justifiable the use of force to make an arrest or to prevent an 22 escape from custody. A peace officer who is effecting an arrest pursuant 23 to a warrant is justified in using the physical force prescribed in 24 subsections (1) (2), and (2.5) OR (2) of this section unless the warrant is 25 invalid and is known by the officer to be invalid. 26 27 (8) A guard or peace officer employed in a detention facility is justified: -11- 1 (a) In using deadly physical force when he OR SHE reasonably 2 believes it necessary to prevent the escape of a prisoner convicted of, 3 charged with, or held for a felony or confined under the maximum 4 security rules of any detention facility as such facility is defined in 5 subsection (9) of this section 6 LIKELY ENDANGERMENT OF HUMAN LIFE OR INFLICTION OF SERIOUS 7 BODILY INJURY TO ANOTHER; 8 9 10 11 IS NECESSARY TO PREVENT IMMINENTLY SECTION 4. In Colorado Revised Statutes, 24-31-303, amend (1)(l), (1)(p), and (1)(q); and add (1)(r) as follows: 24-31-303. Duties - powers of the P.O.S.T. board. (1) The P.O.S.T. board has the following duties: 12 (l) To promulgate rules deemed necessary by the board concerning 13 annual in-service training requirements for certified peace officers, 14 including but not limited to evaluation of the training program and 15 processes to ensure substantial compliance by law enforcement agencies, 16 and departments, AND INDIVIDUAL PEACE OFFICERS; 17 18 (p) To develop a community outreach program that informs the public of the role and duties of the P.O.S.T. board; and 19 (q) To develop a recruitment program that creates a diversified 20 applicant pool for appointments to the P.O.S.T. board and the subject 21 matter expertise committees; AND 22 23 (r) TO CREATE AND MAINTAIN A DATABASE CONTAINING INFORMATION RELATED TO A PEACE OFFICER'S: 24 (I) UNTRUTHFULNESS; 25 (II) REPEATED 26 27 FAILURE TO FOLLOW P.O.S.T. BOARD TRAINING REQUIREMENTS; (III) DECERTIFICATION BY THE P.O.S.T. BOARD; AND -12- 1 (IV) TERMINATION FOR CAUSE. 2 SECTION 5. In Colorado Revised Statutes, add 24-31-111 as 3 follows: 4 24-31-111. Public integrity - patterns and practices. IT IS 5 UNLAWFUL FOR ANY GOVERNMENTAL AUTHORITY, OR ANY AGENT 6 THEREOF, OR ANY PERSON ACTING ON BEHALF OF A GOVERNMENTAL 7 AUTHORITY, TO ENGAGE IN A PATTERN OR PRACTICE OF CONDUCT BY 8 PEACE OFFICERS OR BY OFFICIALS OR EMPLOYEES OF ANY GOVERNMENTAL 9 AGENCY THAT DEPRIVES PERSONS OF RIGHTS, PRIVILEGES, OR IMMUNITIES 10 SECURED OR PROTECTED BY THE CONSTITUTION OR LAWS OF THE UNITED 11 STATES 12 GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF THIS 13 SECTION HAS OCCURRED, THE ATTORNEY GENERAL, FOR OR IN THE NAME 14 OF THE STATE OF 15 ALL APPROPRIATE RELIEF TO ELIMINATE THE PATTERN OR PRACTICE. 16 17 OR THE STATE OF COLORADO. WHENEVER THE ATTORNEY COLORADO, MAY IN A CIVIL ACTION OBTAIN ANY AND SECTION 6. In Colorado Revised Statutes, 24-31-305, add (2.7) as follows: 18 24-31-305. Certification - issuance - renewal - revocation - 19 rules - definition. (2.7) 20 CERTIFICATION OF A PEACE OFFICER WHO FAILS TO SATISFACTORILY 21 COMPLETE PEACE OFFICER TRAINING REQUIRED BY THE P.O.S.T. BOARD. 22 SECTION 7. In Colorado Revised Statutes, 24-31-309, amend 23 THE P.O.S.T. BOARD MAY REVOKE THE (4)(a); and add (3.5) as follows: 24 24-31-309. Profiling - officer identification - training. (3.5) A 25 PEACE OFFICER SHALL HAVE AN OBJECTIVE JUSTIFICATION FOR MAKING A 26 STOP. 27 PEACE OFFICER'S EMPLOYING AGENCY: AFTER MAKING A STOP, A PEACE -13- OFFICER SHALL REPORT TO THE 1 (a) THE PERCEIVED DEMOGRAPHIC INFORMATION OF THE PERSON 2 STOPPED BASED ON THE OBSERVATION AND PERCEPTION OF THE PEACE 3 OFFICER MAKING THE STOP; 4 (b) WHETHER THE STOP WAS A TRAFFIC STOP; 5 (c) THE TIME, DATE, AND LOCATION OF THE STOP; 6 (d) THE DURATION OF THE STOP; 7 (e) THE REASON FOR THE STOP; 8 (f) THE SUSPECTED CRIME; 9 (g) THE RESULT OF THE STOP, SUCH AS: 10 11 12 13 (I) NO ACTION, WARNING, CITATION, PROPERTY SEIZURE, OR ARREST; (II) IF A WARNING OR CITATION WAS ISSUED , THE WARNING PROVIDED OR VIOLATION CITED; 14 (III) IF AN ARREST WAS MADE, THE OFFENSE CHARGED; 15 (IV) 16 17 18 19 20 IF THE STOP WAS A TRAFFIC STOP, THE INFORMATION COLLECTED, WHICH IS LIMITED TO THE DRIVER; (h) THE ACTIONS TAKEN BY THE PEACE OFFICER DURING THE STOP, INCLUDING BUT NOT LIMITED TO WHETHER: (I) THE PEACE OFFICER ASKED FOR CONSENT TO SEARCH THE PERSON, AND, IF SO, WHETHER CONSENT WAS PROVIDED; 21 (II) THE PEACE OFFICER SEARCHED THE PERSON OR ANY PROPERTY, 22 AND, IF SO, THE BASIS FOR THE SEARCH AND THE TYPE OF CONTRABAND OR 23 EVIDENCE DISCOVERED, IF ANY; AND 24 (III) THE PEACE OFFICER SEIZED ANY PROPERTY, AND, IF SO, THE 25 TYPE OF PROPERTY THAT WAS SEIZED AND THE BASIS FOR SEIZING THE 26 PROPERTY. 27 (4) (a) A peace officer certified pursuant to this part 3 shall -14- 1 provide, without being asked, his or her THE PEACE OFFICER'S business 2 card to any person whom the peace officer has detained in a traffic stop 3 but has not cited or arrested. The business card shall 4 identifying information about the peace officer, including but not limited 5 to the peace officer's name, division, precinct, and badge or other 6 identification number; and a telephone number that may be used, if 7 necessary, to report any comments, positive or negative, regarding the 8 traffic stop; 9 RELATED TO THE STOP. The identity of the reporting person and the report MUST include AND INFORMATION ABOUT HOW TO FILE A COMPLAINT 10 of any such comments that constitutes 11 MUST 12 agency, to the extent permitted by law. The receiving law enforcement 13 agency shall be permitted to obtain some identifying information 14 regarding the complaint to allow initial processing of the complaint. If it 15 becomes necessary for the further processing of the complaint for the 16 complainant to disclose his or her 17 complainant shall do so or, at the option of the receiving law enforcement 18 agency, the complaint may be dismissed. 19 CONSTITUTE initially be kept confidential by the receiving law enforcement THE COMPLAINANT'S identity, the SECTION 8. In Colorado Revised Statutes, 24-33.5-503, amend 20 (1)(z) and (1)(aa); and add (1)(bb) as follows: 21 24-33.5-503. Duties of division. (1) 22 a complaint shall The division has the following duties: 23 (z) To provide training on the Colorado risk assessment scale and 24 the administrative release guideline instrument as required by section 25 17-22.5-404 (2)(c); C.R.S.; and 26 (aa) To receive the information reported to the division by law 27 enforcement agencies pursuant to section 22-32-146, C.R.S., and by -15- 1 district attorneys pursuant to section 20-1-113, C.R.S., and provide the 2 information, as submitted to the division, to any member of the public 3 upon request, in a manner that does not include any identifying 4 information regarding any student. If the division provides the 5 information to a member of the public upon request pursuant to this 6 paragraph (aa) SUBSECTION (1)(aa), the division may charge a fee to the 7 person, which fee shall not exceed the direct and indirect costs incurred 8 by the division in providing the information; AND 9 (bb) TO CONDUCT, IN COORDINATION WITH THE P.O.S.T. BOARD, 10 A POST-INVESTIGATION EVALUATION OF ALL PEACE-OFFICER-INVOLVED 11 DEATHS TO DETERMINE AND PROPOSE IMPROVEMENTS AND ALTERATIONS 12 TO TRAINING OF PEACE OFFICERS TO GUIDE FUTURE OFFICER BEHAVIOR. 13 SECTION 9. Effective date. This act takes effect upon passage; 14 except that section 24-31-902, Colorado Revised Statutes, as enacted in 15 section 1 of this act, takes effect July 1, 2021. 16 SECTION 10. Safety clause. The general assembly hereby finds, 17 determines, and declares that this act is necessary for the immediate 18 preservation of the public peace, health, or safety. -16-