Colorado 2024 Regular Session

Colorado House Bill HB1460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Second Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~ENGROSSED~~
5		-	~~This Version Includes All Amendments Adopted~~
6		-	~~on Second Reading in the House of Introduction~~
	4	+	INTRODUCED
	5	+
	6	+
7	7		LLS NO. 24-0945.02 Michael Dohr x4347
8	8		HOUSE BILL 24-1460
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING MEASURES TO STRE NGTHEN RESPONSES TO LAW101
14	14		ENFORCEMENT MISCONDUCT .102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		The bill requires a law enforcement agency (agency) that receives
23	23		an allegation of misconduct, criminal conduct, or other unprofessional
24	24		conduct regarding a peace officer employed by the agency to investigate
25	25		the allegation. If a peace officer receives an allegation of misconduct,
26	26		criminal conduct, or other unprofessional conduct (misconduct) or is
27	27		reasonably aware of the misconduct of another peace officer, the peace
28		-	HOUSE
29		-	Amended 2nd Reading
30		-	May 2, 2024
31	28		HOUSE SPONSORSHIP
32	29		Herod and Bacon, deGruy Kennedy
33	30		SENATE SPONSORSHIP
34	31		(None),
35	32		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
36	33		Capital letters or bold & italic numbers indicate new material to be added to existing law.
37	34		Dashes through the words or numbers indicate deletions from existing law. officer shall report the allegation to the subject of the allegation's
38	35		employing agency. A peace officer who fails to make the report commits
39	36		a class 2 misdemeanor. A person who makes an allegation has a private
40	37		right of action if the allegation is not investigated.
41	38		The bill clarifies that patterns and practices investigations may also
42	39		be related to deprivation of rights by a peace officer against another peace
43	40		officer.
44	41		Current law requires agencies to report certain information
45	42		regarding officers' misconduct to a database maintained by the P.O.S.T.
46	43		board. The attorney general may audit the reports made to the database to
47	44		verify reporting compliance. The bill requires the attorney general to
48	45		accept reports of non-reporting to the database and requires those reports
49	46		to be investigated within available resources.
50	47		Current law requires unedited video and audio recordings of
51	48		incidents of alleged misconduct to be released the public upon request.
52	49		The bill states that a law enforcement agency shall not charge a fee to the
53	50		requestor related to releasing the recording.
54	51		Current law provides a peace officer with whistle-blower
55	52		protection. The bill allows a peace officer who is subject to
56	53		whistle-blower discipline a private right of action against the officer's
57	54		employing agency.
58	55		The bill requires each agency to retain all reports regarding
59	56		allegations of misconduct and all investigation files, notes, and reports
60	57		related to those reports. The bill also requires the investigating agency to
61	58		provide a copy of the investigation file to the subject of the investigation
62	59		after the investigation is completed.
63	60		Be it enacted by the General Assembly of the State of Colorado:1
64		-	SECTION 1. Legislative declaration. (1) The general assembly2
65		-	finds and declares that:3
66		-	(a) In 2020, the general assembly adopted part 9 to article 31 of4
67		-	title 24, law enforcement integrity, to address accountability standards for5
68		-	peace officers if they engage in misconduct when interacting with our6
69		-	communities;7
70		-	(b) To further protect our communities, accountability standards8
71		-	must also extend to internal misconduct within law enforcement agencies9
72		-	to ensure a supportive environment for existing and future peace officers;10
73		-	1460-2- (c) Law enforcement professionals have a duty to serve and1
74		-	protect communities with integrity and honor, which extends to the2
75		-	treatment of the honorable peace officers who internally report3
76		-	misconduct by their peers;4
77		-	(d) Due to the number of peace officers who have come forward5
78		-	detailing misconduct they have endured from fellow officers, followed by6
79		-	targeted social and professional retaliation they have received from peers7
80		-	and supervisors, the general assembly declares that enhancing workplace8
81		-	protections in law enforcement agencies is a matter of statewide concern;9
82		-	(e) The state has a duty to strengthen safeguards to ensure a safe10
83		-	and equitable workplace environment for all law enforcement officials so11
84		-	they are better supported in upholding proper law enforcement as a matter12
85		-	of public health and safety;13
86		-	(f) In an effort to incentivize the integrity of peace officers during14
87		-	internal investigations, the state must protect government employees from15
88		-	any adverse action taken in response to a whistleblower's actions;16
89		-	(g) By protecting whistleblowers from retaliation, it is the intent17
90		-	of the general assembly that the protection will lead to an increase in18
91		-	peace officer retention and quality of work as officers continue to protect19
92		-	and serve our communities; and20
93		-	(h) To further explore methods to better support peace officers in21
94		-	the work environment, the conversation must continue in a formal22
95		-	working group.23
96		-	(2) Therefore, the general assembly requests that the executive24
97		-	committee of the legislative council appoint a working group to continue25
98		-	the important conversation regarding protecting law enforcement26
99		-	whistleblowers.27
100		-	1460
101		-	-3- SECTION 2. In Colorado Revised Statutes, 24-31-305, amend1
102		-	(2)(a) as follows:2
103		-	24-31-305. Certification - issuance - renewal - revocation -3
104		-	rules - definition. (2) (a) THE P.O.S.T. BOARD SHALL SUSPEND OR4
105		-	REVOKE a certification issued pursuant to subsection (1) or (1.3) of this5
106		-	section or section 24-31-308 shall be suspended or revoked by the6
107		-	P.O.S.T. board if the certificate holder has been convicted of a felony at7
108		-	any time; or has been convicted on or after July 1, 2001, of any8
109		-	misdemeanor or misdemeanors described in subsection (1.5) of this9
110		-	section; HAS RETALIATED AGAINST OR CAUSED A PEACE OFFICER'S10
111		-	EMPLOYER TO RETALIATE AGAINST ANOTHER PEACE OFFICER WHO11
112		-	DISCLOSED INFORMATION ABOUT A PEACE OFFICER WHO EITHER12
113		-	ALLEGEDLY ENDANGERED PUBLIC HEALTH OR SAFETY , ALLEGEDLY13
114		-	VIOLATED LAW OR POLICY, OR ALLEGEDLY RETALIATED AGAINST ANOTHER14
115		-	OFFICER FOR DISCLOSING THAT INFORMATION ; or has otherwise failed to15
116		-	meet the certification requirements established by the board. FOR16
117		-	PURPOSES OF THIS SUBSECTION (2)(a), "RETALIATE" HAS THE SAME17
118		-	MEANING AS DESCRIBED IN SECTION 24-31-906 (1).18
119		-	SECTION 3. In Colorado Revised Statutes, 24-31-902, amend19
120		-	(2)(a) and (2)(b)(III) as follows:20
121		-	24-31-902. Incident recordings - release - tampering - fine.21
122		-	(2) (a) For all incidents in which there is AN OFFICER-INVOLVED22
123		-	SHOOTING OR a complaint of peace officer misconduct by another peace23
124		-	officer, a civilian, or nonprofit organization, through notice to the law24
125		-	enforcement agency involved in THE OFFICER-INVOLVED SHOOTING OR the25
126		-	alleged misconduct, the local law enforcement agency or the Colorado26
127		-	state patrol shall release, upon request, all unedited video and audio27
128		-	1460
129		-	-4- recordings of the incident, including those from body-worn cameras, dash1
130		-	cameras, or otherwise collected through investigation, to the public within2
131		-	twenty-one days after the local law enforcement agency or the Colorado3
132		-	state patrol received the request for release of the video or audio4
133		-	recordings. NOTWITHSTANDING THE PROVISIONS OF SECTIONS 24-72-2055
134		-	AND 24-72-306, THE LAW ENFORCEMENT AGENCY SHALL NOT CHARGE A6
135		-	FEE TO THE REQUESTOR RELATED TO RELEASING THE UNEDITED VIDEO AND7
136		-	AUDIO RECORDINGS OF AN INCIDENT .8
137		-	(b) (III) Any video that would substantially interfere with or9
138		-	jeopardize an active or ongoing investigation may be withheld from the10
139		-	public; except that the video shall be released no later than forty-five days11
140		-	from the date of the OFFICER-INVOLVED SHOOTING OR THE allegation of12
141		-	misconduct; except that in a case in which the only offenses charged are13
142		-	statutory traffic infractions, the release of the video may be delayed14
143		-	pursuant to rule 8 of the Colorado rules for traffic infractions. In all cases15
144		-	when release of a video is delayed in reliance on this subsection16
145		-	(2)(b)(III), the prosecuting attorney shall prepare a written explanation of17
146		-	the interference or jeopardy that justifies the delayed release,18
147		-	contemporaneous with the refusal to release the video. Upon release of19
148		-	the video, the prosecuting attorney shall release the written explanation20
149		-	to the public.21
150		-	SECTION 4. In Colorado Revised Statutes, 24-31-906, amend22
151		-	(1) and (3) as follows:23
152		-	24-31-906. Retaliation against whistleblower officers24
153		-	prohibited. (1) DUE TO THE STRONG PUBLIC POLICY INTERESTS25
154		-	PROTECTED BY PROHIBITING RETALIATION AGAINST WHISTLEBLOWERS, a26
155		-	peace officer's employer or the employer's agent shall not discharge,27
156		-	1460
157		-	-5- discipline, demote, deny a promotion, transfer or reassign, discriminate1
158		-	against, harass, SUSPEND, CREATE A HOSTILE WORK ENVIRONMENT,2
159		-	SUBJECT TO CORRECTIVE ACTION OR REPRIMAND, POORLY EVALUATE, LAY3
160		-	OFF, REDUCE WORK HOURS , ADVERSELY AFFECT FUTURE EMPLOYMENT4
161		-	OPPORTUNITIES, or threaten a peace officer's employment ANY OF THE5
162		-	ABOVE ACTIONS OR OTHERWISE DISCRIMINATE IN TERMS, CONDITIONS, OR6
163		-	PRIVILEGES OF EMPLOYMENT because the peace officer disclosed7
164		-	information that shows:8
165		-	(a) A AN ALLEGED danger to public health or safety; or9
166		-	(b) A AN ALLEGED violation of law or policy committed by10
167		-	another peace officer; OR11
168		-	(c) EVIDENCE OF RETALIATION AGAINST ANOTHER PEACE OFFICER.12
169		-	(3) (a) A LAW ENFORCEMENT AGENCY SHALL APPROPRIATELY13
170		-	DISCIPLINE an employee or agent of a THE law enforcement agency that14
171		-	WHO knowingly or intentionally violates subsection (1) of this section.15
172		-	shall be disciplined appropriately by the law enforcement agency.16
173		-	(b) A PEACE OFFICER WHO WAS SUBJECT TO RETALIATION MAY USE17
174		-	EVIDENCE OF THE RETALIATION IN ORDER TO APPEAL OR REMEDIATE ANY18
175		-	ADVERSE EMPLOYMENT ACTION DESCRIBED IN SUBSECTION (1) OF THIS19
176		-	SECTION. IF A PEACE OFFICER PROVES BY A PREPONDERANCE OF THE20
177		-	EVIDENCE THAT THE PEACE OFFICER WAS RETALIATED AGAINST IN21
178		-	VIOLATION OF SUBSECTION (1) OF THIS SECTION, THE PEACE OFFICER'S22
179		-	EMPLOYING AGENCY SHALL REMEDIATE THE ADVERSE ACTION , INCLUDING23
180		-	REINSTATEMENT. IF THE ADVERSE ACTION INVOLVED THE REVOCATION OR24
181		-	SUSPENSION OF P.O.S.T. CERTIFICATION, THE LAW ENFORCEMENT AGENCY25
182		-	SHALL NOTIFY THE P.O.S.T. BOARD THAT THE PROCEDURES PROMULGATED26
183		-	PURSUANT TO SECTION 24-31-305 (2)(b) MUST BE INITIATED SINCE THE27
184		-	1460
185		-	-6- REVOCATION OR SUSPENSION RESULTED FROM RETALIATORY CONDUCT .1
186		-	SECTION 5. Safety clause. The general assembly finds,2
187		-	determines, and declares that this act is necessary for the immediate3
188		-	preservation of the public peace, health, or safety or for appropriations for4
189		-	the support and maintenance of the departments of the state and state5
190		-	institutions.6
191		-	1460
192		-	-7-
	61	+	SECTION 1. In Colorado Revised Statutes, 18-8-802, amend2
	62	+	(1)(c); and add (2.5) as follows:3
	63	+	18-8-802. Duty to report use of force by peace officers - duty4
	64	+	to intervene. (1) (c) Any peace officer who fails to report such use of5
	65	+	force in the manner prescribed in this subsection (1)
	66	+	OR FAILS TO COMPLY6
	67	+	WITH SUBSECTION (2.5)(b) of this section commits a class 2 misdemeanor. 7
	68	+	(2.5) (a) (I) I
	69	+	F A LAW ENFORCEMENT AGENCY RECEIVES AN8
	70	+	ALLEGATION OF MISCONDUCT , CRIMINAL CONDUCT , OR OTHER9
	71	+	UNPROFESSIONAL CONDUCT REGARDING A PEACE OFFICER EMPLOYED BY10
	72	+	HB24-1460-2- THE LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT AGENCY SHALL1
	73	+	INVESTIGATE THE ALLEGATION AND SHALL COMPLY WITH SECTION2
	74	+	24-31-908.3
	75	+	(II) I
	76	+	F A PEACE OFFICER RECEIVES AN ALLEGATION OF4
	77	+	MISCONDUCT, CRIMINAL CONDUCT, OR OTHER UNPROFESSIONAL CONDUCT5
	78	+	OR IS REASONABLY AWARE OF THE MISCONDUCT , CRIMINAL CONDUCT, OR6
	79	+	OTHER UNPROFESSIONAL CONDUCT OF ANOTHER PEACE OFFICER , THE7
	80	+	PEACE OFFICER SHALL REPORT THE ALLEGATION TO THE SUBJECT OF THE8
	81	+	ALLEGATION'S EMPLOYING LAW ENFORCEMENT AGENCY .9
	82	+	(b) (I) A
	83	+	PERSON WHO MAKES AN ALLEGATION SUBJECT TO10
	84	+	SUBSECTION (2.5)(a) OF THIS SECTION AND THE LAW ENFORCEMENT11
	85	+	AGENCY OR PEACE OFFICER DOES NOT COMPLY WITH SUBSECTION (2.5)(a)12
	86	+	OF THIS SECTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE LAW13
	87	+	ENFORCEMENT AGENCY AND , IF APPLICABLE, THE PEACE OFFICER WHO14
	88	+	RECEIVED THE REPORT PURSUANT TO SUBSECTION (2.5)(a) OF THIS15
	89	+	SECTION.16
	90	+	(II) S
	91	+	TATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON17
	92	+	LIABILITY, DAMAGES, OR ATTORNEY FEES DO NOT APPLY TO CLAIMS18
	93	+	BROUGHT PURSUANT TO THIS SUBSECTION (2.5)(b). THE "COLORADO19
	94	+	G
	95	+	OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF TITLE 24, DOES NOT20
	96	+	APPLY TO CLAIMS BROUGHT PURSUANT TO THIS SUBSECTION (2.5)(b).21
	97	+	(III) Q
	98	+	UALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY22
	99	+	PURSUANT TO THIS SUBSECTION (2.5)(b).23
	100	+	(IV) I
	101	+	N ANY ACTION BROUGHT PURSUANT TO THIS SUBSECTION24
	102	+	(2.5)(b),
	103	+	A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS25
	104	+	TO A PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT26
	105	+	SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS27
	106	+	HB24-1460
	107	+	-3- A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE1
	108	+	RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS ENTERED IN2
	109	+	FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS3
	110	+	AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE4
	111	+	COURT FINDS FRIVOLOUS.5
	112	+	SECTION 2. In Colorado Revised Statutes, amend 24-31-113 as6
	113	+	follows:7
	114	+	24-31-113. Public integrity - patterns and practices. It is8
	115	+	unlawful for any governmental authority, or any agent thereof, or any9
	116	+	person acting on behalf of a governmental authority, to engage in a10
	117	+	pattern or practice of conduct by peace officers or by officials or11
	118	+	employees of any governmental agency that deprives persons,
	119	+	INCLUDING12
	120	+	OTHER PEACE OFFICERS, of rights, privileges, or immunities secured or13
	121	+	protected by the constitution or laws of the United States or the state of14
	122	+	Colorado. Whenever the attorney general has reasonable cause to believe15
	123	+	that a violation of this section has occurred, the attorney general, for or16
	124	+	in the name of the state of Colorado, may in a civil action obtain any and17
	125	+	all appropriate relief to eliminate the pattern or practice. Before filing18
	126	+	suit, the attorney general shall notify the government authority or any19
	127	+	agent thereof, and provide it with the factual basis that supports his or her
	128	+	20
	129	+	THE ATTORNEY GENERAL 'S reasonable cause to believe a violation21
	130	+	occurred. Upon receipt of the factual basis, the government authority, or22
	131	+	any agent thereof, has sixty days to change or eliminate the identified23
	132	+	pattern or practice. If the identified pattern or practice is not changed and24
	133	+	permanently eliminated after sixty days, the attorney general may file a25
	134	+	civil lawsuit. The attorney general may issue subpoenas for any purpose26
	135	+	in conducting an investigation under PURSUANT TO this section.27
	136	+	HB24-1460
	137	+	-4- SECTION 3. In Colorado Revised Statutes, 24-31-303, amend1
	138	+	(1)(r)(II) as follows:2
	139	+	24-31-303. Duties - powers of the P.O.S.T. board - definition.3
	140	+	(1) The P.O.S.T. board has the following duties:4
	141	+	(r) (II) Law enforcement agencies shall report to the P.O.S.T.5
	142	+	board the information required in this subsection (1)(r) in a format6
	143	+	determined by the P.O.S.T. board. Failure to submit such THE information7
	144	+	is subject to a fine set in rule by the P.O.S.T. board. T
	145	+	HE ATTORNEY8
	146	+	GENERAL MAY AUDIT THE REPORTS MADE PURSUANT TO THIS SUBSECTION9
	147	+	(1)(r)
	148	+	TO VERIFY LAW ENFORCEMENT AGENCIES ' COMPLIANCE WITH THIS10
	149	+	SUBSECTION (1)(r). IN CONDUCTING THE AUDITS , THE ATTORNEY GENERAL11
	150	+	MAY ALSO REQUEST INFORMATION FROM LAW ENFORCEMENT AGENCIES TO12
	151	+	VERIFY COMPLIANCE WITH THIS SUBSECTION (1)(r). THE ATTORNEY13
	152	+	GENERAL MAY ISSUE SUBPOENAS FOR ANY PURPOSE IN CONDUCTING AN14
	153	+	AUDIT PURSUANT TO THIS SECTION.15
	154	+	SECTION 4. In Colorado Revised Statutes, 24-31-902, amend16
	155	+	(2)(a) as follows:17
	156	+	24-31-902. Incident recordings - release - tampering - fine.18
	157	+	(2) (a) For all incidents in which there is a complaint of peace officer19
	158	+	misconduct by another peace officer, a civilian, or nonprofit organization,20
	159	+	through notice to the law enforcement agency involved in the alleged21
	160	+	misconduct, the local law enforcement agency or the Colorado state patrol22
	161	+	shall release, upon request, all unedited video and audio recordings of the23
	162	+	incident, including those from body-worn cameras, dash cameras, or24
	163	+	otherwise collected through investigation, to the public within twenty-one25
	164	+	days after the local law enforcement agency or the Colorado state patrol26
	165	+	received the request for release of the video or audio recordings. T
	166	+	HE LAW27
	167	+	HB24-1460
	168	+	-5- ENFORCEMENT AGENCY SHALL NOT CHARGE A FEE TO THE REQUESTOR1
	169	+	RELATED TO RELEASING THE UNEDITED VIDEO AND AUDIO RECORDINGS OF2
	170	+	AN INCIDENT.3
	171	+	SECTION 5. In Colorado Revised Statutes, 24-31-906, amend4
	172	+	(1) introductory portion and (3); and add (4) as follows:5
	173	+	24-31-906. Retaliation against whistle-blower officers6
	174	+	prohibited. (1) A peace officer's employer or the employer's agent shall7
	175	+	not discharge; discipline; demote; deny a promotion, transfer, or reassign8
	176	+	REASSIGNMENT; discriminate against; harass; IMPOSE A REQUIREMENT ON9
	177	+	AN OFFICER THAT IS NOT APPLICABLE TO SIMILARLY SITUATED OFFICERS10
	178	+	IN THE AGENCY OR THAT IS NOT BASED ON PERFORMANCE ; or threaten a11
	179	+	peace officer's employment because the peace officer disclosed12
	180	+	information that shows:13
	181	+	(3) An employee or agent of a law enforcement agency that14
	182	+	knowingly or intentionally violates subsection (1) of this section shall be15
	183	+	disciplined appropriately by the law enforcement agency. T
	184	+	HE PEACE16
	185	+	OFFICER WHO WAS SUBJECT TO THE RETALIATION MAY USE THE FACT THAT17
	186	+	THE PEACE OFFICER WAS SUBJECT TO RETALIATION IN ORDER TO APPEAL18
	187	+	OR REMEDIATE ANY DISCHARGE ; DISCIPLINE; DEMOTION; DENIAL OF A19
	188	+	PROMOTION, TRANSFER, OR REASSIGNMENT; DISCRIMINATION AGAINST;20
	189	+	HARASSMENT; OR IMPOSITION OF A REQUIREMENT ON AN OFFICER THAT IS21
	190	+	NOT APPLICABLE TO SIMILARLY SITUATED OFFICERS IN THE AGENCY OR22
	191	+	THAT IS NOT BASED ON PERFORMANCE THE PEACE OFFICER WAS SUBJECT23
	192	+	TO.24
	193	+	(4) (a) A
	194	+	PEACE OFFICER WHO IS DISCHARGED ; DISCIPLINED;25
	195	+	DEMOTED; DENIED A PROMOTION , TRANSFER, OR REASSIGNMENT ;26
	196	+	DISCRIMINATED AGAINST; HARASSED; HAS RECEIVED A REQUIREMENT27
	197	+	HB24-1460
	198	+	-6- THAT IS NOT APPLICABLE TO SIMILARLY SITUATED OFFICERS IN THE1
	199	+	AGENCY OR IS NOT BASED ON PERFORMANCE ; OR WHOSE EMPLOYMENT2
	200	+	WAS THREATENED IN VIOLATION OF SUBSECTION (1) OF THIS SECTION HAS3
	201	+	A PRIVATE RIGHT OF ACTION AGAINST THE PEACE OFFICER 'S EMPLOYING4
	202	+	AGENCY.5
	203	+	(b) S
	204	+	TATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON6
	205	+	LIABILITY, DAMAGES, OR ATTORNEY FEES DO NOT APPLY TO CLAIMS7
	206	+	BROUGHT PURSUANT TO THIS SUBSECTION (4). THE "COLORADO8
	207	+	G
	208	+	OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE 24, DOES NOT9
	209	+	APPLY TO CLAIMS BROUGHT PURSUANT TO THIS SUBSECTION (4).10
	210	+	(c) Q
	211	+	UALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY11
	212	+	PURSUANT TO THIS SUBSECTION (4).12
	213	+	(d) I
	214	+	N ANY ACTION BROUGHT PURSUANT TO THIS SUBSECTION (4),13
	215	+	A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A14
	216	+	PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT15
	217	+	SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS16
	218	+	A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE17
	219	+	RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS ENTERED IN18
	220	+	FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS19
	221	+	AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE20
	222	+	COURT FINDS FRIVOLOUS.21
	223	+	SECTION 6. In Colorado Revised Statutes, add 24-31-907 and22
	224	+	24-31-908 as follows:23
	225	+	24-31-907. Reports to the attorney general for noncompliance.24
	226	+	(1) T
	227	+	HE ATTORNEY GENERAL SHALL ACCEPT REPORTS OF25
	228	+	NONCOMPLIANCE WITH SECTION 24-31-303 (1)(r) AND SHALL INVESTIGATE26
	229	+	ALL REPORTS RECEIVED WITHIN AVAILABLE RESOURCES .27
	230	+	HB24-1460
	231	+	-7- (2) THE ATTORNEY GENERAL SHALL NOTIFY ALL LAW1
	232	+	ENFORCEMENT AGENCIES AND PEACE OFFICERS IN THE STATE OF THE2
	233	+	ABILITY TO MAKE A REPORT TO THE ATTORNEY GENERAL PURSUANT TO3
	234	+	SUBSECTION (1) OF THIS SECTION ON AN ANNUAL BASIS.4
	235	+	24-31-908. Retention of the law enforcement internal affairs5
	236	+	investigations. (1) E
	237	+	ACH LAW ENFORCEMENT AGENCY SHALL RETAIN ALL6
	238	+	REPORTS REGARDING ALLEGATIONS OF MISCONDUCT , CRIMINAL CONDUCT,7
	239	+	OR OTHER UNPROFESSIONAL CONDUCT AND ALL INVESTIGATION FILES ,8
	240	+	NOTES, AND REPORTS RELATED TO THOSE REPORTS FOR AT LEAST THREE9
	241	+	YEARS AFTER THE DATE OF THE INITIAL REPORT .10
	242	+	(2) A
	243	+	N INVESTIGATING LAW ENFORCEMENT AGENCY SHALL11
	244	+	PROVIDE A COPY OF THE INVESTIGATION FILE TO THE SUBJECT OF AN12
	245	+	INVESTIGATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION AFTER THE13
	246	+	INVESTIGATION IS COMPLETE.14
	247	+	SECTION 7. Safety clause. The general assembly finds,15
	248	+	determines, and declares that this act is necessary for the immediate16
	249	+	preservation of the public peace, health, or safety or for appropriations for17
	250	+	the support and maintenance of the departments of the state and state18
	251	+	institutions.19
	252	+	HB24-1460
	253	+	-8-