Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0945.02 Michael Dohr x4347
HOUSE BILL 24-1460
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO STRE NGTHEN RESPONSES TO LAW101
ENFORCEMENT MISCONDUCT .102
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 a law enforcement agency (agency) that receives
an allegation of misconduct, criminal conduct, or other unprofessional
conduct regarding a peace officer employed by the agency to investigate
the allegation. If a peace officer receives an allegation of misconduct,
criminal conduct, or other unprofessional conduct (misconduct) or is
reasonably aware of the misconduct of another peace officer, the peace
HOUSE SPONSORSHIP
Herod and Bacon, deGruy Kennedy
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. officer shall report the allegation to the subject of the allegation's
employing agency. A peace officer who fails to make the report commits
a class 2 misdemeanor. A person who makes an allegation has a private
right of action if the allegation is not investigated.
The bill clarifies that patterns and practices investigations may also
be related to deprivation of rights by a peace officer against another peace
officer.
Current law requires agencies to report certain information
regarding officers' misconduct to a database maintained by the P.O.S.T.
board. The attorney general may audit the reports made to the database to
verify reporting compliance. The bill requires the attorney general to
accept reports of non-reporting to the database and requires those reports
to be investigated within available resources.
Current law requires unedited video and audio recordings of
incidents of alleged misconduct to be released the public upon request.
The bill states that a law enforcement agency shall not charge a fee to the
requestor related to releasing the recording.
Current law provides a peace officer with whistle-blower
protection. The bill allows a peace officer who is subject to
whistle-blower discipline a private right of action against the officer's
employing agency.
The bill requires each agency to retain all reports regarding
allegations of misconduct and all investigation files, notes, and reports
related to those reports. The bill also requires the investigating agency to
provide a copy of the investigation file to the subject of the investigation
after the investigation is completed.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-8-802, amend2
(1)(c); and add (2.5) as follows:3
18-8-802. Duty to report use of force by peace officers - duty4
to intervene. (1) (c) Any peace officer who fails to report such use of5
force in the manner prescribed in this subsection (1)
OR FAILS TO COMPLY6
WITH SUBSECTION (2.5)(b) of this section commits a class 2 misdemeanor. 7
(2.5) (a) (I) I
F A LAW ENFORCEMENT AGENCY RECEIVES AN8
ALLEGATION OF MISCONDUCT , CRIMINAL CONDUCT , OR OTHER9
UNPROFESSIONAL CONDUCT REGARDING A PEACE OFFICER EMPLOYED BY10
HB24-1460-2- THE LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT AGENCY SHALL1
INVESTIGATE THE ALLEGATION AND SHALL COMPLY WITH SECTION2
24-31-908.3
(II) I
F A PEACE OFFICER RECEIVES AN ALLEGATION OF4
MISCONDUCT, CRIMINAL CONDUCT, OR OTHER UNPROFESSIONAL CONDUCT5
OR IS REASONABLY AWARE OF THE MISCONDUCT , CRIMINAL CONDUCT, OR6
OTHER UNPROFESSIONAL CONDUCT OF ANOTHER PEACE OFFICER , THE7
PEACE OFFICER SHALL REPORT THE ALLEGATION TO THE SUBJECT OF THE8
ALLEGATION'S EMPLOYING LAW ENFORCEMENT AGENCY .9
(b) (I) A
PERSON WHO MAKES AN ALLEGATION SUBJECT TO10
SUBSECTION (2.5)(a) OF THIS SECTION AND THE LAW ENFORCEMENT11
AGENCY OR PEACE OFFICER DOES NOT COMPLY WITH SUBSECTION (2.5)(a)12
OF THIS SECTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE LAW13
ENFORCEMENT AGENCY AND , IF APPLICABLE, THE PEACE OFFICER WHO14
RECEIVED THE REPORT PURSUANT TO SUBSECTION (2.5)(a) OF THIS15
SECTION.16
(II) S
TATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON17
LIABILITY, DAMAGES, OR ATTORNEY FEES DO NOT APPLY TO CLAIMS18
BROUGHT PURSUANT TO THIS SUBSECTION (2.5)(b). THE "COLORADO19
G
OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF TITLE 24, DOES NOT20
APPLY TO CLAIMS BROUGHT PURSUANT TO THIS SUBSECTION (2.5)(b).21
(III) Q
UALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY22
PURSUANT TO THIS SUBSECTION (2.5)(b).23
(IV) I
N ANY ACTION BROUGHT PURSUANT TO THIS SUBSECTION24
(2.5)(b),
A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS25
TO A PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT26
SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS27
HB24-1460
-3- A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE1
RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS ENTERED IN2
FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS3
AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE4
COURT FINDS FRIVOLOUS.5
SECTION 2. In Colorado Revised Statutes, amend 24-31-113 as6
follows:7
24-31-113. Public integrity - patterns and practices. It is8
unlawful for any governmental authority, or any agent thereof, or any9
person acting on behalf of a governmental authority, to engage in a10
pattern or practice of conduct by peace officers or by officials or11
employees of any governmental agency that deprives persons,
INCLUDING12
OTHER PEACE OFFICERS, of rights, privileges, or immunities secured or13
protected by the constitution or laws of the United States or the state of14
Colorado. Whenever the attorney general has reasonable cause to believe15
that a violation of this section has occurred, the attorney general, for or16
in the name of the state of Colorado, may in a civil action obtain any and17
all appropriate relief to eliminate the pattern or practice. Before filing18
suit, the attorney general shall notify the government authority or any19
agent thereof, and provide it with the factual basis that supports his or her
20
THE ATTORNEY GENERAL 'S reasonable cause to believe a violation21
occurred. Upon receipt of the factual basis, the government authority, or22
any agent thereof, has sixty days to change or eliminate the identified23
pattern or practice. If the identified pattern or practice is not changed and24
permanently eliminated after sixty days, the attorney general may file a25
civil lawsuit. The attorney general may issue subpoenas for any purpose26
in conducting an investigation under PURSUANT TO this section.27
HB24-1460
-4- SECTION 3. In Colorado Revised Statutes, 24-31-303, amend1
(1)(r)(II) as follows:2
24-31-303. Duties - powers of the P.O.S.T. board - definition.3
(1) The P.O.S.T. board has the following duties:4
(r) (II) Law enforcement agencies shall report to the P.O.S.T.5
board the information required in this subsection (1)(r) in a format6
determined by the P.O.S.T. board. Failure to submit such THE information7
is subject to a fine set in rule by the P.O.S.T. board. T
HE ATTORNEY8
GENERAL MAY AUDIT THE REPORTS MADE PURSUANT TO THIS SUBSECTION9
(1)(r)
TO VERIFY LAW ENFORCEMENT AGENCIES ' COMPLIANCE WITH THIS10
SUBSECTION (1)(r). IN CONDUCTING THE AUDITS , THE ATTORNEY GENERAL11
MAY ALSO REQUEST INFORMATION FROM LAW ENFORCEMENT AGENCIES TO12
VERIFY COMPLIANCE WITH THIS SUBSECTION (1)(r). THE ATTORNEY13
GENERAL MAY ISSUE SUBPOENAS FOR ANY PURPOSE IN CONDUCTING AN14
AUDIT PURSUANT TO THIS SECTION.15
SECTION 4. In Colorado Revised Statutes, 24-31-902, amend16
(2)(a) as follows:17
24-31-902. Incident recordings - release - tampering - fine.18
(2) (a) For all incidents in which there is a complaint of peace officer19
misconduct by another peace officer, a civilian, or nonprofit organization,20
through notice to the law enforcement agency involved in the alleged21
misconduct, the local law enforcement agency or the Colorado state patrol22
shall release, upon request, all unedited video and audio recordings of the23
incident, including those from body-worn cameras, dash cameras, or24
otherwise collected through investigation, to the public within twenty-one25
days after the local law enforcement agency or the Colorado state patrol26
received the request for release of the video or audio recordings. T
HE LAW27
HB24-1460
-5- ENFORCEMENT AGENCY SHALL NOT CHARGE A FEE TO THE REQUESTOR1
RELATED TO RELEASING THE UNEDITED VIDEO AND AUDIO RECORDINGS OF2
AN INCIDENT.3
SECTION 5. In Colorado Revised Statutes, 24-31-906, amend4
(1) introductory portion and (3); and add (4) as follows:5
24-31-906. Retaliation against whistle-blower officers6
prohibited. (1) A peace officer's employer or the employer's agent shall7
not discharge; discipline; demote; deny a promotion, transfer, or reassign8
REASSIGNMENT; discriminate against; harass; IMPOSE A REQUIREMENT ON9
AN OFFICER THAT IS NOT APPLICABLE TO SIMILARLY SITUATED OFFICERS10
IN THE AGENCY OR THAT IS NOT BASED ON PERFORMANCE ; or threaten a11
peace officer's employment because the peace officer disclosed12
information that shows:13
(3) An employee or agent of a law enforcement agency that14
knowingly or intentionally violates subsection (1) of this section shall be15
disciplined appropriately by the law enforcement agency. T
HE PEACE16
OFFICER WHO WAS SUBJECT TO THE RETALIATION MAY USE THE FACT THAT17
THE PEACE OFFICER WAS SUBJECT TO RETALIATION IN ORDER TO APPEAL18
OR REMEDIATE ANY DISCHARGE ; DISCIPLINE; DEMOTION; DENIAL OF A19
PROMOTION, TRANSFER, OR REASSIGNMENT; DISCRIMINATION AGAINST;20
HARASSMENT; OR IMPOSITION OF A REQUIREMENT ON AN OFFICER THAT IS21
NOT APPLICABLE TO SIMILARLY SITUATED OFFICERS IN THE AGENCY OR22
THAT IS NOT BASED ON PERFORMANCE THE PEACE OFFICER WAS SUBJECT23
TO.24
(4) (a) A
PEACE OFFICER WHO IS DISCHARGED ; DISCIPLINED;25
DEMOTED; DENIED A PROMOTION , TRANSFER, OR REASSIGNMENT ;26
DISCRIMINATED AGAINST; HARASSED; HAS RECEIVED A REQUIREMENT27
HB24-1460
-6- THAT IS NOT APPLICABLE TO SIMILARLY SITUATED OFFICERS IN THE1
AGENCY OR IS NOT BASED ON PERFORMANCE ; OR WHOSE EMPLOYMENT2
WAS THREATENED IN VIOLATION OF SUBSECTION (1) OF THIS SECTION HAS3
A PRIVATE RIGHT OF ACTION AGAINST THE PEACE OFFICER 'S EMPLOYING4
AGENCY.5
(b) S
TATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON6
LIABILITY, DAMAGES, OR ATTORNEY FEES DO NOT APPLY TO CLAIMS7
BROUGHT PURSUANT TO THIS SUBSECTION (4). THE "COLORADO8
G
OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE 24, DOES NOT9
APPLY TO CLAIMS BROUGHT PURSUANT TO THIS SUBSECTION (4).10
(c) Q
UALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY11
PURSUANT TO THIS SUBSECTION (4).12
(d) I
N ANY ACTION BROUGHT PURSUANT TO THIS SUBSECTION (4),13
A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A14
PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT15
SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS16
A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE17
RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS ENTERED IN18
FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS19
AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE20
COURT FINDS FRIVOLOUS.21
SECTION 6. In Colorado Revised Statutes, add 24-31-907 and22
24-31-908 as follows:23
24-31-907. Reports to the attorney general for noncompliance.24
(1) T
HE ATTORNEY GENERAL SHALL ACCEPT REPORTS OF25
NONCOMPLIANCE WITH SECTION 24-31-303 (1)(r) AND SHALL INVESTIGATE26
ALL REPORTS RECEIVED WITHIN AVAILABLE RESOURCES .27
HB24-1460
-7- (2) THE ATTORNEY GENERAL SHALL NOTIFY ALL LAW1
ENFORCEMENT AGENCIES AND PEACE OFFICERS IN THE STATE OF THE2
ABILITY TO MAKE A REPORT TO THE ATTORNEY GENERAL PURSUANT TO3
SUBSECTION (1) OF THIS SECTION ON AN ANNUAL BASIS.4
24-31-908. Retention of the law enforcement internal affairs5
investigations. (1) E
ACH LAW ENFORCEMENT AGENCY SHALL RETAIN ALL6
REPORTS REGARDING ALLEGATIONS OF MISCONDUCT , CRIMINAL CONDUCT,7
OR OTHER UNPROFESSIONAL CONDUCT AND ALL INVESTIGATION FILES ,8
NOTES, AND REPORTS RELATED TO THOSE REPORTS FOR AT LEAST THREE9
YEARS AFTER THE DATE OF THE INITIAL REPORT .10
(2) A
N INVESTIGATING LAW ENFORCEMENT AGENCY SHALL11
PROVIDE A COPY OF THE INVESTIGATION FILE TO THE SUBJECT OF AN12
INVESTIGATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION AFTER THE13
INVESTIGATION IS COMPLETE.14
SECTION 7. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
HB24-1460
-8-