Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
May 2, 2024
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. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) In 2020, the general assembly adopted part 9 to article 31 of4
title 24, law enforcement integrity, to address accountability standards for5
peace officers if they engage in misconduct when interacting with our6
communities;7
(b) To further protect our communities, accountability standards8
must also extend to internal misconduct within law enforcement agencies9
to ensure a supportive environment for existing and future peace officers;10
1460-2- (c) Law enforcement professionals have a duty to serve and1
protect communities with integrity and honor, which extends to the2
treatment of the honorable peace officers who internally report3
misconduct by their peers;4
(d) Due to the number of peace officers who have come forward5
detailing misconduct they have endured from fellow officers, followed by6
targeted social and professional retaliation they have received from peers7
and supervisors, the general assembly declares that enhancing workplace8
protections in law enforcement agencies is a matter of statewide concern;9
(e) The state has a duty to strengthen safeguards to ensure a safe10
and equitable workplace environment for all law enforcement officials so11
they are better supported in upholding proper law enforcement as a matter12
of public health and safety;13
(f) In an effort to incentivize the integrity of peace officers during14
internal investigations, the state must protect government employees from15
any adverse action taken in response to a whistleblower's actions;16
(g) By protecting whistleblowers from retaliation, it is the intent17
of the general assembly that the protection will lead to an increase in18
peace officer retention and quality of work as officers continue to protect19
and serve our communities; and20
(h) To further explore methods to better support peace officers in21
the work environment, the conversation must continue in a formal22
working group.23
(2) Therefore, the general assembly requests that the executive24
committee of the legislative council appoint a working group to continue25
the important conversation regarding protecting law enforcement26
whistleblowers.27
1460
-3- SECTION 2. In Colorado Revised Statutes, 24-31-305, amend1
(2)(a) as follows:2
24-31-305. Certification - issuance - renewal - revocation -3
rules - definition. (2) (a) THE P.O.S.T. BOARD SHALL SUSPEND OR4
REVOKE a certification issued pursuant to subsection (1) or (1.3) of this5
section or section 24-31-308 shall be suspended or revoked by the6
P.O.S.T. board if the certificate holder has been convicted of a felony at7
any time; or has been convicted on or after July 1, 2001, of any8
misdemeanor or misdemeanors described in subsection (1.5) of this9
section; HAS RETALIATED AGAINST OR CAUSED A PEACE OFFICER'S10
EMPLOYER TO RETALIATE AGAINST ANOTHER PEACE OFFICER WHO11
DISCLOSED INFORMATION ABOUT A PEACE OFFICER WHO EITHER12
ALLEGEDLY ENDANGERED PUBLIC HEALTH OR SAFETY , ALLEGEDLY13
VIOLATED LAW OR POLICY, OR ALLEGEDLY RETALIATED AGAINST ANOTHER14
OFFICER FOR DISCLOSING THAT INFORMATION ; or has otherwise failed to15
meet the certification requirements established by the board. FOR16
PURPOSES OF THIS SUBSECTION (2)(a), "RETALIATE" HAS THE SAME17
MEANING AS DESCRIBED IN SECTION 24-31-906 (1).18
SECTION 3. In Colorado Revised Statutes, 24-31-902, amend19
(2)(a) and (2)(b)(III) as follows:20
24-31-902. Incident recordings - release - tampering - fine.21
(2) (a) For all incidents in which there is AN OFFICER-INVOLVED22
SHOOTING OR a complaint of peace officer misconduct by another peace23
officer, a civilian, or nonprofit organization, through notice to the law24
enforcement agency involved in THE OFFICER-INVOLVED SHOOTING OR the25
alleged misconduct, the local law enforcement agency or the Colorado26
state patrol shall release, upon request, all unedited video and audio27
1460
-4- recordings of the incident, including those from body-worn cameras, dash1
cameras, or otherwise collected through investigation, to the public within2
twenty-one days after the local law enforcement agency or the Colorado3
state patrol received the request for release of the video or audio4
recordings. NOTWITHSTANDING THE PROVISIONS OF SECTIONS 24-72-2055
AND 24-72-306, THE LAW ENFORCEMENT AGENCY SHALL NOT CHARGE A6
FEE TO THE REQUESTOR RELATED TO RELEASING THE UNEDITED VIDEO AND7
AUDIO RECORDINGS OF AN INCIDENT .8
(b) (III) Any video that would substantially interfere with or9
jeopardize an active or ongoing investigation may be withheld from the10
public; except that the video shall be released no later than forty-five days11
from the date of the OFFICER-INVOLVED SHOOTING OR THE allegation of12
misconduct; except that in a case in which the only offenses charged are13
statutory traffic infractions, the release of the video may be delayed14
pursuant to rule 8 of the Colorado rules for traffic infractions. In all cases15
when release of a video is delayed in reliance on this subsection16
(2)(b)(III), the prosecuting attorney shall prepare a written explanation of17
the interference or jeopardy that justifies the delayed release,18
contemporaneous with the refusal to release the video. Upon release of19
the video, the prosecuting attorney shall release the written explanation20
to the public.21
SECTION 4. In Colorado Revised Statutes, 24-31-906, amend22
(1) and (3) as follows:23
24-31-906. Retaliation against whistleblower officers24
prohibited. (1) DUE TO THE STRONG PUBLIC POLICY INTERESTS25
PROTECTED BY PROHIBITING RETALIATION AGAINST WHISTLEBLOWERS, a26
peace officer's employer or the employer's agent shall not discharge,27
1460
-5- discipline, demote, deny a promotion, transfer or reassign, discriminate1
against, harass, SUSPEND, CREATE A HOSTILE WORK ENVIRONMENT,2
SUBJECT TO CORRECTIVE ACTION OR REPRIMAND, POORLY EVALUATE, LAY3
OFF, REDUCE WORK HOURS , ADVERSELY AFFECT FUTURE EMPLOYMENT4
OPPORTUNITIES, or threaten a peace officer's employment ANY OF THE5
ABOVE ACTIONS OR OTHERWISE DISCRIMINATE IN TERMS, CONDITIONS, OR6
PRIVILEGES OF EMPLOYMENT because the peace officer disclosed7
information that shows:8
(a) A AN ALLEGED danger to public health or safety; or9
(b) A AN ALLEGED violation of law or policy committed by10
another peace officer; OR11
(c) EVIDENCE OF RETALIATION AGAINST ANOTHER PEACE OFFICER.12
(3) (a) A LAW ENFORCEMENT AGENCY SHALL APPROPRIATELY13
DISCIPLINE an employee or agent of a THE law enforcement agency that14
WHO knowingly or intentionally violates subsection (1) of this section.15
shall be disciplined appropriately by the law enforcement agency.16
(b) A PEACE OFFICER WHO WAS SUBJECT TO RETALIATION MAY USE17
EVIDENCE OF THE RETALIATION IN ORDER TO APPEAL OR REMEDIATE ANY18
ADVERSE EMPLOYMENT ACTION DESCRIBED IN SUBSECTION (1) OF THIS19
SECTION. IF A PEACE OFFICER PROVES BY A PREPONDERANCE OF THE20
EVIDENCE THAT THE PEACE OFFICER WAS RETALIATED AGAINST IN21
VIOLATION OF SUBSECTION (1) OF THIS SECTION, THE PEACE OFFICER'S22
EMPLOYING AGENCY SHALL REMEDIATE THE ADVERSE ACTION , INCLUDING23
REINSTATEMENT. IF THE ADVERSE ACTION INVOLVED THE REVOCATION OR24
SUSPENSION OF P.O.S.T. CERTIFICATION, THE LAW ENFORCEMENT AGENCY25
SHALL NOTIFY THE P.O.S.T. BOARD THAT THE PROCEDURES PROMULGATED26
PURSUANT TO SECTION 24-31-305 (2)(b) MUST BE INITIATED SINCE THE27
1460
-6- REVOCATION OR SUSPENSION RESULTED FROM RETALIATORY CONDUCT .1
SECTION 5. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
1460
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