Colorado 2025 Regular Session

Colorado House Bill HB1136 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0270.01 Michael Dohr x4347
8	8		HOUSE BILL 25-1136
9	9		House Committees Senate Committees
10	10		Judiciary Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING MATTERS RELATED TO PEACE OFFICERS .101
14	14		Bill Summary
15	15		(Note: This summary applies to this bill as introduced and does
16	16		not reflect any amendments that may be subsequently adopted. If this bill
17	17		passes third reading in the house of introduction, a bill summary that
18	18		applies to the reengrossed version of this bill will be available at
19	19		http://leg.colorado.gov
20	20		.)
21	21		Law enforcement is required to report to the peace officers
22	22		standards and training board (P.O.S.T. board) certain information related
23	23		to peace officer conduct for inclusion in a searchable database. The bill
24	24		requires the head of the law enforcement agency providing the report to
25	25		certify the accuracy of the information in the report. The agency
26	26		providing the report shall provide the P.O.S.T. board with all documents
27	27		relevant to the discipline for which the officer was placed in the database
28	28		upon request of the P.O.S.T. board. If a law enforcement agency refuses
29	29		SENATE
30		-	3rd Reading Unamended
31		-	April 23, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		April 22, 2025
35	32		HOUSE
36	33		3rd Reading Unamended
37	34		April 2, 2025
38	35		HOUSE
39	36		Amended 2nd Reading
40	37		April 1, 2025
41	38		HOUSE SPONSORSHIP
42	39		Clifford and Bacon, Boesenecker, Duran, Lindsay, Mabrey, McCluskie, Sirota, Story
43	40		SENATE SPONSORSHIP
44		-	Snyder and Frizell, ~~Cutter, Hinrichsen, Jodeh~~
	41	+	Snyder and Frizell,
45	42		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46	43		Capital letters or bold & italic numbers indicate new material to be added to existing law.
47	44		Dashes through the words or numbers indicate deletions from existing law. to provide the records, the P.O.S.T. board may subpoena the records. If
48	45		the court grants the subpoena, the court shall order the law enforcement
49	46		agency to pay the P.O.S.T. board's attorney fees, costs, and fees related
50	47		to the subpoena. The bill prohibits the P.O.S.T. board from including
51	48		information in the database if the information is received from an agency
52	49		that does not employ or has not employed the subject of the information.
53	50		If an agency fails to report the information, the agency is subject to a fine
54	51		or loss of P.O.S.T. board funding.
55	52		A peace officer who is included in the searchable database can
56	53		appeal the officer's inclusion in the database. When a peace officer is
57	54		added to the database, the P.O.S.T. board shall provide the peace officer
58	55		with information about how to appeal that action. The bill requires the
59	56		peace officer's disciplining law enforcement agency to provide the
60	57		P.O.S.T. board with all documents relevant to the discipline for which the
61	58		officer was placed in the database. If a law enforcement agency refuses
62	59		to provide the records, the P.O.S.T. board may subpoena the records. If
63	60		the court grants the subpoena, the court shall order the law enforcement
64	61		agency to pay the P.O.S.T. board's attorney fees, costs, and fees related
65	62		to the subpoena.
66	63		The bill gives the P.O.S.T. board director the authority to remove
67	64		entries from the database that are in error.
68	65		Under current law, the P.O.S.T. board shall permanently revoke a
69	66		peace officer's certification and record that information in the database if
70	67		the officer is found civilly liable for the use of unlawful physical force or
71	68		is found civilly liable for failure to intervene in the use of unlawful force
72	69		and the incident resulted in serious bodily injury or death to another
73	70		person. The bill gives the P.O.S.T. board the discretion to permanently
74	71		revoke in those cases.
75	72		If a law enforcement agency is investigating a peace officer for an
76	73		incident that could result in a database report, the law enforcement agency
77	74		shall inform the peace officer of the agency's duty to report that
78	75		information and the consequences of the reporting.
79	76		The bill prohibits a law enforcement agency from agreeing to a
80	77		settlement with a peace officer that includes the agency agreeing to not
81	78		report the information to the database.
82	79		Current law requires a law enforcement agency to provide a peace
83	80		officer's personnel records when they receive a waiver for the records to
84	81		another law enforcement agency that is considering employing the peace
85	82		officer. A law enforcement agency or governmental agency that submits
86	83		the waiver to another agency and does not receive the records shall report
87	84		that fact to the P.O.S.T. board. The P.O.S.T. board shall contact the
88	85		agency, and if the agency does not provide the disclosure within 6
89	86		calendar days, the P.O.S.T. board shall not provide the agency with
90	87		P.O.S.T. board funding for a period of one year and the agency may be
91	88		subject to fines.
92	89		1136
93	90		-2- The bill allows a person to maintain their P.O.S.T. certification if
94	91		they are not working as a peace officer but are working for a law
95	92		enforcement agency in a non-peace-officer role.
96	93		In 2024, the general assembly provided temporary peace officer
97	94		status to administrators of judicial security. The bill makes the status
98	95		permanent.
99	96		Be it enacted by the General Assembly of the State of Colorado:1
100	97		SECTION 1. In Colorado Revised Statutes, 24-31-303, amend2
101	98		(1)(r) as follows:3
102	99		24-31-303. Duties - powers of the P.O.S.T. board - definition.4
103	100		(1) The P.O.S.T. board has the following duties:5
104	101		(r) (I) Subject to available appropriations, beginning on January6
105	102		1, 2022, to create and maintain a database in a searchable format to be
106	103		7
107	104		published on its website, containing information related to a peace8
108	105		officer's
109	106		CONDUCT PURSUANT TO THE PROVISIONS OF SECTION 24-31-321.9
110	107		(A) Untruthfulness;
111	108		10
112	109		(B) Three or more failures to follow P.O.S.T. board training11
113	110		requirements within ten consecutive years;12
114	111		(C) Revocation of the certification by the P.O.S.T. board,13
115	112		including the basis for the revocation;14
116	113		(D) Termination for cause by the peace officer's employer unless15
117	114		the termination is overturned or reversed by an appellate process. A16
118	115		notation must be placed next to the officer's name during the pendency of17
119	116		any appellate process.18
120	117		(E) Resignation or retirement while under investigation by the19
121	118		peace officer's employing law enforcement agency, a district attorney, or20
122	119		the attorney general that could result in being entered into the database in21
123	120		this subsection (1)(r);22
124	121		1136-3- (F) Resignation or retirement following an incident that leads to1
125	122		the opening of an investigation within six months following the peace2
126	123		officer's resignation or retirement that could result in being entered into3
127	124		the database in this subsection (1)(r);4
128	125		(G) Being the subject of a criminal investigation for a crime that5
129	126		could result in revocation or suspension of certification pursuant to6
130	127		section 24-31-305 or 24-31-904 or the filing of criminal charges for such7
131	128		a crime. The investigating law enforcement agency shall notify the8
132	129		P.O.S.T. board of the investigation or filing of criminal charges as soon9
133	130		as practicable, in a manner prescribed in P.O.S.T. board rule, so long as10
134	131		such notification is unlikely to disrupt or impede an investigation.11
135	132		(H) Actions as described by the applicable statutory provision12
136	133		identifying the basis for the credibility disclosure notification as set forth13
137	134		in section 16-2.5-502 (2)(c)(I).14
138	135		(II) Law enforcement agencies shall report to the P.O.S.T. board15
139	136		the information required in this subsection (1)(r) in a format determined16
140	137		by the P.O.S.T. board. Failure to submit such information is subject to a17
141	138		fine set in rule by the P.O.S.T. board.18
142	139		(III) For purposes of this subsection (1)(r), "untruthfulness" means19
143	140		a peace officer knowingly made an untruthful statement concerning a20
144	141		material fact or knowingly omitted a material fact on an official criminal21
145	142		justice record, while testifying under oath, or during an internal affairs22
146	143		investigation or administrative investigation and disciplinary process.23
147	144		(IV) Termination for cause.24
148	145		SECTION 2. In Colorado Revised Statutes, add 24-31-321 as25
149	146		follows:26
150	147		24-31-321. Peace officer conduct database - definition. (1) T
151	148		HE27
152	149		1136
153	150		-4- P.O.S.T. BOARD SHALL CREATE AND MAINTAIN A DATABASE IN A1
154	151		SEARCHABLE FORMAT TO BE PUBLISHED ON ITS WEBSITE CONTAINING2
155	152		INFORMATION RELATED TO A PEACE OFFICER 'S:3
156	153		(a) U
157	154		NTRUTHFULNESS;4
158	155		(b) T
159	156		HREE OR MORE FAILURES TO FOLLOW P.O.S.T. BOARD5
160	157		TRAINING REQUIREMENTS WITHIN TEN CONSECUTIVE YEARS ;6
161	158		(c) R
162	159		EVOCATION OF THE CERTIFICATION BY THE P.O.S.T. BOARD,7
163	160		INCLUDING THE BASIS FOR THE REVOCATION ;8
164	161		(d) T
165	162		ERMINATION FOR CAUSE BY THE PEACE OFFICER 'S
166	163		EMPLOYER;9
167	164		10
168	165		(e) R
169	166		ESIGNATION OR RETIREMENT WHILE UNDER INVESTIGATION11
170	167		BY THE PEACE OFFICER'S EMPLOYING ORGANIZATION OR ANOTHER LAW
171	168		12
172	169		ENFORCEMENT AGENCY IN WHICH THE ALLEGED MISCONDUCT , IF13
173	170		SUSTAINED, WOULD MORE LIKELY THAN NOT RESULT IN BEING ENTERED14
174	171		INTO THE DATABASE PURSUANT TO THIS SECTION ;15
175	172		(f) R
176	173		ESIGNATION OR RETIREMENT FOLLOWING AN INCIDENT THAT16
177	174		LEADS TO THE OPENING OF AN INVESTIGATION BY THE PEACE OFFICER 'S
178	175		17
179	176		EMPLOYING ORGANIZATION OR ANOTHER LAW ENFORCEMENT AGENCY IN18
180	177		WHICH THE ALLEGED MISCONDUCT , IF SUSTAINED, WOULD MORE LIKELY19
181	178		THAN NOT RESULT IN BEING ENTERED INTO THE DATABASE PURSUANT TO20
182	179		THIS SECTION, WITHIN SIX MONTHS AFTER THE PEACE OFFICER 'S21
183	180		RESIGNATION OR RETIREMENT; 22
184	181		(g) R
185	182		ESIGNATION IN LIEU OF TERMINATION FOR CAUSE ;23
186	183		(h)
187	184		BEING CHARGED WITH A CRIME THAT COULD RESULT IN24
188	185		REVOCATION OR SUSPENSION OF CERTIFICATION PURSUANT TO SECTION25
189	186		24-31-305
190	187		OR
191	188		24-31-904. THE EMPLOYING ORGANIZATION SHALL NOTIFY26
192	189		THE P.O.S.T. BOARD OF THE FILING OF CRIMINAL CHARGES AS SOON AS27
193	190		1136
194	191		-5- PRACTICABLE, IN A MANNER PRESCRIBED IN P.O.S.T. BOARD RULE. 1
195	192		(i) A
196	193		CTIONS AS DESCRIBED BY THE APPLICABLE STATUTORY2
197	194		PROVISION IDENTIFYING THE BASIS FOR THE CREDIBILITY DISCLOSURE3
198	195		NOTIFICATION AS SET FORTH IN SECTION 16-2.5-502 (2)(c)(I).4
199	196		(2) I
200	197		F A LAW ENFORCEMENT AGENCY REPORTS A PEACE OFFICER
201	198		5
202	199		PURSUANT TO EITHER SUBSECTION (1)(e) OR (1)(f) OF THIS SECTION, THE6
203	200		PEACE OFFICER, UPON REQUEST, IS ENTITLED TO A SHOW CAUSE HEARING7
204	201		WITH THE DIRECTOR OF THE P.O.S.T. BOARD OR THEIR DESIGNEE. THE8
205	202		P.O.S.T.
206	203		BOARD SHALL OBTAIN RECORDS FROM THE REPORTING
207	204		9
208	205		ORGANIZATION FOR THE PURPOSE OF THE SHOW CAUSE HEARING AND10
209	206		SHALL PROVIDE ALL RECORDS PROVIDED BY THE REPORTING11
210	207		ORGANIZATION TO THE APPELLANT PEACE OFFICER . PURSUANT TO THE12
211	208		REQUIREMENTS OF THIS SECTION , THE RECORDS OF ANY EMPLOYING13
212	209		ORGANIZATION, OR FORMERLY EMPLOYING ORGANIZATION , THAT ARE14
213	210		SUBMITTED FOR REVIEW BY THE P.O.S.T. BOARD AND THE APPELLANT15
214	211		PEACE OFFICER FOR THE PURPOSES OF THIS SHOW CAUSE HEARING REMAIN16
215	212		THE PROPERTY OF THE REPORTING ORGANIZATION AND ARE NOT SUBJECT17
216	213		TO PUBLIC RELEASE.18
217	214		(3) (a) LAW ENFORCEMENT AGENCIES SHALL REPORT TO THE19
218	215		P.O.S.T.
219	216		BOARD THE INFORMATION REQUIRED IN SUBSECTION (1) OF THIS20
220	217		SECTION IN A FORMAT DETERMINED BY THE P.O.S.T. BOARD. THE P.O.S.T.21
221	218		BOARD SHALL NOT INCLUDE INFORMATION IN THE DATABASE IF THE22
222	219		INFORMATION IS RECEIVED FROM AN AGENCY THAT DOES NOT EMPLOY OR23
223	220		HAS NOT EMPLOYED THE PEACE OFFICER WHO IS THE SUBJECT OF THE24 INFORMATION. NOTWITHSTANDING ANY OTHER PROVISION TO THE25
224	221		CONTRARY, THE P.O.S.T. BOARD MAY ENTER REPORTS INTO THE26
225	222		DATABASE ON BEHALF OF AN ORGANIZATION. THE HEAD OF THE LAW27
226	223		1136
227	224		-6- ENFORCEMENT AGENCY PROVIDING THE REPORT SHALL CERTIFY THE1
228	225		ACCURACY OF THE INFORMATION IN THE REPORT . A KNOWING OR WILLFUL2
229	226		FAILURE TO SUBMIT THE INFORMATION OR CERTIFICATION OR A KNOWING3
230	227		OR WILLFUL SUBMITTAL OF FALSE OR INACCURATE INFORMATION IS4
231	228		SUBJECT TO A FINE IMPOSED BY THE P.O.S.T. BOARD. WHEN A FAILURE TO5
232	229		SUBMIT THE INFORMATION OR CERTIFICATION OR SUBMITTAL OF FALSE OR6
233	230		INACCURATE INFORMATION IS DETERMINED , THE P.O.S.T. BOARD SHALL7
234	231		REFER THE MATTER TO THE APPROPRIATE DISTRICT ATTORNEY AND8
235	232		REQUEST THE DISTRICT ATTORNEY TO CONDUCT A CRIMINAL9
236	233		INVESTIGATION.10
237	234		(b) A
238	235		FTER RECEIVING A NOTIFICATION AND UPON REQUEST OF THE11
239	236		P.O.S.T.
240	237		BOARD, THE LAW ENFORCEMENT AGENCY PROVIDING THE REPORT12
241	238		SHALL PROVIDE THE P.O.S.T. BOARD WITH ALL DOCUMENTS RELEVANT TO13
242	239		THE INVESTIGATION OR CAUSE FOR WHICH THE OFFICER WAS PLACED IN14
243	240		THE DATABASE. IF A LAW ENFORCEMENT AGENCY REFUSES TO PROVIDE15
244	241		THE RECORDS PURSUANT TO THIS SUBSECTION (3),
245	242		THE P.O.S.T. BOARD16
246	243		MAY SUBPOENA THE RECORDS . IF THE COURT OR ADMINISTRATIVE LAW17
247	244		JUDGE GRANTS THE SUBPOENA , AND SUBSEQUENTLY DOES NOT GRANT A18
248	245		MOTION TO QUASH THE SUBPOENA, THE COURT MAY ORDER THE LAW19
249	246		ENFORCEMENT AGENCY TO PAY THE P.O.S.T. BOARD'S ATTORNEY FEES,20
250	247		COSTS, AND FEES RELATED TO THE SUBPOENA .21
251	248		(c) I
252	249		F THE P.O.S.T. BOARD RECEIVED INFORMATION REGARDING AN22
253	250		INCIDENT INVOLVING A PEACE OFFICER THAT WOULD REQUIRE A REPORT23
254	251		PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE ORGANIZATION24
255	252		EMPLOYING THE PEACE OFFICER SHALL PROVIDE THE P.O.S.T. BOARD WITH25
256	253		ALL DOCUMENTS RELEVANT TO THE INCIDENT UPON REQUEST OF THE26
257	254		P.O.S.T.
258	255		BOARD. IF A LAW ENFORCEMENT AGENCY REFUSES TO PROVIDE27
259	256		1136
260	257		-7- THE RECORDS PURSUANT TO THIS SUBSECTION (3), THE P.O.S.T. BOARD1
261	258		MAY SUBPOENA THE RECORDS . IF THE COURT OR ADMINISTRATIVE LAW2
262	259		JUDGE GRANTS THE SUBPOENA , AND SUBSEQUENTLY DOES NOT GRANT A3
263	260		MOTION TO QUASH THE SUBPOENA, THE COURT MAY ORDER THE LAW4
264	261		ENFORCEMENT AGENCY TO PAY THE P.O.S.T. BOARD'S ATTORNEY FEES,5
265	262		COSTS, AND FEES RELATED TO THE SUBPOENA .6
266	263		(d) T
267	264		HE RECORDS OF ANY LAW ENFORCEMENT AGENCY THAT ARE7
268	265		SUBMITTED FOR REVIEW BY THE P.O.S.T. BOARD FOR THE PURPOSES OF8
269	266		THIS SUBSECTION (3)
270	267		REMAIN THE PROPERTY OF THE REPORTING LAW9
271	268		ENFORCEMENT AGENCY AND ARE NOT SUBJECT TO PUBLIC RELEASE BY THE10
272	269		P.O.S.T.
273	270		BOARD.11
274	271		(4)
275	272		(a) THE P.O.S.T. BOARD SHALL CREATE AN APPEAL PROCESS12
276	273		FOR A PEACE OFFICER TO APPEAL THE OFFICER 'S INCLUSION IN THE13
277	274		DATABASE CREATED IN THIS SECTION. THE APPEAL MUST BE CONDUCTED14
278	275		PURSUANT TO THE PROVISIONS OF THIS SECTION AND P.O.S.T. BOARD15
279	276		RULES. THE P.O.S.T. BOARD SHALL GIVE CONSIDERATION TO AN OFFICER'S16
280	277		WHISTLE BLOWER STATUS DURING THE APPEAL . WHEN A PEACE OFFICER17
281	278		IS ADDED TO THE DATABASE, THE P.O.S.T. BOARD SHALL PROVIDE THE18
282	279		PEACE OFFICER WITH INFORMATION ABOUT HOW TO APPEAL THAT ACTION19
283	280		ON ITS WEBSITE. IF A PEACE OFFICER INITIATES AN APPEAL PURSUANT TO20
284	281		THIS SUBSECTION (4), THE REPORTING AGENCY SHALL PROVIDE THE21
285	282		P.O.S.T.
286	283		BOARD WITH ALL DOCUMENTS RELEVANT TO THE DISCIPLINE FOR22
287	284		WHICH THE OFFICER WAS PLACED IN THE DATABASE UPON REQUEST OF THE23
288	285		P.O.S.T.
289	286		BOARD. IF A LAW ENFORCEMENT AGENCY REFUSES TO PROVIDE24
290	287		THE RECORDS PURSUANT TO THIS SUBSECTION (4),
291	288		THE P.O.S.T. BOARD25
292	289		MAY SUBPOENA THE RECORDS . IF THE COURT OR ADMINISTRATIVE LAW26
293	290		JUDGE GRANTS THE SUBPOENA , AND SUBSEQUENTLY DOES NOT GRANT A27
294	291		1136
295	292		-8- MOTION TO QUASH THE SUBPOENA, THE COURT MAY ORDER THE LAW1
296	293		ENFORCEMENT AGENCY TO PAY THE P.O.S.T. BOARD'S ATTORNEY FEES,2
297	294		COSTS, AND FEES RELATED TO THE SUBPOENA .3
298	295		(b) T
299	296		HE RECORDS OF ANY LAW ENFORCEMENT AGENCY THAT ARE4
300	297		SUBMITTED FOR REVIEW BY THE P.O.S.T. BOARD FOR THE PURPOSES OF5
301	298		SUBSECTION (4)(a)
302	299		OF THIS SECTION REMAIN THE PROPERTY OF THE6
303	300		REPORTING LAW ENFORCEMENT AGENCY AND ARE NOT SUBJECT TO PUBLIC7
304	301		RELEASE BY THE P.O.S.T. BOARD.8
305	302		(c) I
306	303		F A PEACE OFFICER APPEALS INCLUSION IN THE DATABASE
307	304		9
308	305		PURSUANT TO EITHER SUBSECTION (1)(e) OR (1)(f) OF THIS SECTION AND10
309	306		THE PEACE OFFICER'S ORGANIZATION COMPLETED ITS INVESTIGATION OF11
310	307		THE OFFICER'S CONDUCT AFTER THE OFFICER RESIGNED AND THE12
311	308		ORGANIZATION CLEARED THE OFFICER , THE OFFICER MAY USE THAT13
312	309		DETERMINATION IN THEIR APPEAL.14
313	310		(5) IF A LAW ENFORCEMENT AGENCY REPORTS INFORMATION15
314	311		REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION AND16
315	312		SUBSEQUENTLY DETERMINES THE ENTRY WAS IN ERROR AND INFORMS THE17
316	313		P.O.S.T.
317	314		BOARD OF THE ERROR REGARDLESS OF WHEN THE ERROR18
318	315		OCCURRED, THE P.O.S.T. BOARD
319	316		SHALL REMOVE THE ENTRY FROM THE19
320	317		DATABASE AFTER THE P.O.S.T. BOARD DETERMINES THE ENTRY WAS IN20
321	318		ERROR.21
322	319		(6) FOR PURPOSES OF THIS SECTION, "UNTRUTHFULNESS" MEANS22
323	320		A PEACE OFFICER KNOWINGLY MADE AN UNTRUTHFUL STATEMENT23
324	321		CONCERNING A MATERIAL FACT OR KNOWINGLY OMITTED A MATERIAL24
325	322		FACT ON AN OFFICIAL CRIMINAL JUSTICE RECORD , WHILE TESTIFYING25
326	323		UNDER OATH, OR DURING AN INTERNAL AFFAIRS INVESTIGATION OR26
327	324		ADMINISTRATIVE INVESTIGATION AND DISCIPLINARY PROCESS .27
328	325		1136
329	326		-9- SECTION 3. In Colorado Revised Statutes, 24-31-904, repeal1
330	327		(1)(a)(II) and (2)(a)(II); and add (1.5), (2.5), (5), and (6) as follows:2
331	328		24-31-904. Peace officer certification discipline.3
332	329		(1) (a) Notwithstanding any provision of law, the P.O.S.T. board shall4
333	330		permanently revoke a peace officer's certification if:5
334	331		(II) The P.O.S.T. certified peace officer is found civilly liable for6
335	332		the use of unlawful physical force, or is found civilly liable for failure to7
336	333		intervene in the use of unlawful force and the incident resulted in serious8
337	334		bodily injury or death to another person;9
338	335		(1.5) T
339	336		HE P.O.S.T. BOARD MAY PERMANENTLY REVOKE A PEACE10
340	337		OFFICER'S CERTIFICATION IF THE P.O.S.T.-CERTIFIED PEACE OFFICER IS11
341	338		FOUND CIVILLY LIABLE FOR THE USE OF
342	339		EXCESSIVE OR UNCONSTITUTIONAL12
343	340		PHYSICAL FORCE OR IS FOUND CIVILLY LIABLE FOR FAILURE TO INTERVENE13
344	341		IN THE USE OF EXCESSIVE OR UNCONSTITUTIONAL FORCE, AND THE14
345	342		INCIDENT RESULTED IN SERIOUS BODILY INJURY OR DEATH TO ANOTHER15
346	343		PERSON.16
347	344		(2) (a) Notwithstanding any provision of law, the P.O.S.T. board17
348	345		shall suspend a peace officer's certification for at least a year if:18
349	346		(II) The P.O.S.T. certified peace officer is found civilly liable for19
350	347		the use or threatened use of unlawful physical force, or is found civilly20
351	348		liable for failure to intervene in the use of unlawful force and the incident21
352	349		did not result in serious bodily injury or death to another person;22
353	350		(2.5) THE P.O.S.T. BOARD MAY SUSPEND A PEACE OFFICER 'S23
354	351		CERTIFICATION FOR AT LEAST ONE YEAR IF THE P.O.S.T.-CERTIFIED PEACE24
355	352		OFFICER IS FOUND CIVILLY LIABLE FOR THE USE OF EXCESSIVE OR25
356	353		UNCONSTITUTIONAL PHYSICAL FORCE OR IS FOUND CIVILLY LIABLE FOR26
357	354		FAILURE TO INTERVENE IN THE USE OF EXCESSIVE OR UNCONSTITUTIONAL27
358	355		1136
359	356		-10- FORCE, AND THE INCIDENT DID NOT RESULT IN SERIOUS BODILY INJURY OR1
360	357		DEATH TO ANOTHER PERSON .2
361	358		(5) I
362	359		F A LAW ENFORCEMENT AGENCY IS INVESTIGATING A PEACE3
363	360		OFFICER FOR AN INCIDENT THAT COULD RESULT IN A REPORT PURSUANT TO4
364	361		SECTION 24-31-321 (1), THE LAW ENFORCEMENT AGENCY SHALL INFORM5
365	362		THE PEACE OFFICER OF THE AGENCY 'S DUTY TO REPORT THAT6
366	363		INFORMATION AND THE CONSEQUENCES OF THE REPORTING .7
367	364		(6) A
368	365		N EMPLOYER SHALL NOT AGREE TO A SETTLEMENT WITH A8
369	366		PEACE OFFICER THAT INCLUDES THE EMPLOYING ORGANIZATION
370	367		AGREEING9
371	368		TO NOT REPORT THE INFORMATION REQUIRED PURSUANT TO SECTION10
372	369		24-31-321
373	370		(1).11
374	371		SECTION 4. In Colorado Revised Statutes, 24-33.5-115, amend12
375	372		(1) as follows:13
376	373		24-33.5-115. Peace officer hiring - required use of waiver -14
377	374		definitions. (1) A state or local law enforcement agency, including15
378	375		higher education law enforcement agencies and public transit law16
379	376		enforcement agencies, shall require each candidate that it interviews
380	377		17
381	378		RECEIVES A CONDITIONAL JOB OFFER for a peace officer position who has18
382	379		been employed by another law enforcement agency or governmental19
383	380		agency to execute a written waiver that explicitly authorizes each law20
384	381		enforcement agency or governmental agency that has employed the21
385	382		candidate to disclose the applicant's files, including internal affairs files,22
386	383		to the state or local law enforcement agency and releases the interviewing23
387	384		agency and each law enforcement agency or governmental agency that24
388	385		employed the candidate from any liability related to the use and disclosure25
389	386		of the files. A law enforcement agency or governmental agency may26
390	387		disclose the applicant's files by either providing copies or allowing the27
391	388		1136
392	389		-11- interviewing agency to review the files at the law enforcement agency's1
393	390		office or governmental agency's office. A candidate who refuses to2
394	391		execute the waiver shall not be considered for employment by the3
395	392		interviewing agency. The agency interviewing the candidate shall, at least4
396	393		twenty-one days prior to making the hiring decision, submit the waiver to5
397	394		each law enforcement agency or governmental agency that has employed6
398	395		the candidate. A state or local law enforcement agency or governmental7
399	396		agency that receives such a waiver shall provide the disclosure to the8
400	397		agency that is considering the candidate for employment not more than9
401	398		twenty-one days after such receipt. A
402	399		LAW ENFORCEMENT AGENCY OR10
403	400		GOVERNMENTAL AGENCY THAT SUBMITS THE WAIVER TO ANOTHER11
404	401		AGENCY AND DOES NOT RECEIVE THE DISCLOSURE SHALL REPORT THAT12
405	402		FACT TO THE P.O.S.T. BOARD. UPON RECEIPT OF THE NOTICE, THE P.O.S.T.13
406	403		BOARD
407	404		MAY CONTACT THE AGENCY , AND IF THE AGENCY DOES NOT14
408	405		PROVIDE THE DISCLOSURE WITHIN SIX CALENDAR DAYS , THE P.O.S.T.15
409	406		BOARD SHALL NOT PROVIDE THE AGENCY WITH P.O.S.T. BOARD FUNDING16
410	407		FOR A PERIOD OF ONE YEAR OR SHALL IMPOSE FINES THROUGH THE17
411	408		ATTORNEY GENERAL PURSUANT TO SECTION 24-31-307 AND P.O.S.T.18
412	409		BOARD RULE, OR BOTH.19
413	410		SECTION 5. In Colorado Revised Statutes, 24-31-305, amend20
414	411		(1.7) as follows:21
415	412		24-31-305. Certification - issuance - renewal - revocation -22
416	413		rules - definition. (1.7) (a) Unless revoked or voluntarily surrendered,23
417	414		a basic certification or reserve certification issued pursuant to this part 324
418	415		is valid as long as the certificate holder is continuously serving as a peace25
419	416		officer, or reserve peace officer, OR WORKS FOR A LAW ENFORCEMENT26
420	417		AGENCY IN A NON -PEACE-OFFICER ROLE AND MAINTAINS ANNUAL27
421	418		1136
422	419		-12- TRAINING REQUIREMENTS ESTABLISHED BY THE P.O.S.T. BOARD.1
423	420		(b) If a basic or reserve certificate holder has not served as a peace2
424	421		officer or reserve peace officer for a total of at least six months during3
425	422		any consecutive three-year period, the certification automatically expires4
426	423		at the end of such three-year period, unless the certificate holder is then5
427	424		serving as a peace officer or reserve peace officer or had previously6
428	425		voluntarily surrendered his or her THEIR certificate OR THEN WORKS FOR7
429	426		A LAW ENFORCEMENT AGENCY IN A NON -PEACE-OFFICER ROLE.8
430	427		(c) The P.O.S.T. board may promulgate ADOPT rules for the9
431	428		renewal of certification that expired pursuant to paragraph (b) of this10
432	429		subsection (1.7) SUBSECTION (1.7)(b) OF THIS SECTION.11
433	430		SECTION 6. In Colorado Revised Statutes, amend 16-2.5-15212
434	431		as follows:13
435	432		16-2.5-152. Administrators of judicial security. Administrators14
436	433		of judicial security employed by the judicial department are peace officers15
437	434		WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES WHOSE PRIMARY16
438	435		AUTHORITY INCLUDES THE PROTECTION AND SECURITY OF THE JUDICIARY,17
439	436		JUDICIAL DEPARTMENT PERSONNEL, AND JUDICIAL FACILITIES AND WHO18
440	437		MAY COOPERATE WITH LOCAL LAW ENFORCEMENT AND whose authority19
441	438		includes the enforcement of all laws of the state of Colorado, and the20
442	439		administrators of judicial security must be certified by the P.O.S.T. board.21
443	440		For the purpose of seeking peace officer status for additional personnel22
444	441		under the title of judicial security administrator, notwithstanding the23
445	442		provisions of section 16-2.5-201, additional administrators of judicial24
446	443		security are granted temporary peace officer status pending application25
447	444		and review by the P.O.S.T. board. Following review by the P.O.S.T.26
448	445		board pursuant to section 16-2.5-201 and upon a favorable27
449	446		1136
450	447		-13- recommendation for peace officer status from the P.O.S.T. board to the1
451	448		general assembly, temporary peace officer status for additional2
452	449		administrators is permanent. If the P.O.S.T. board does not recommend3
453	450		peace officer status for additional personnel under the title of judicial4
454	451		security administrator, the temporary peace officer status expires on June5
455	452		30, 2025, unless the general assembly provides otherwise. Any peace6
456	453		officer positions created pursuant to this section after January 1, 2025,7
457	454		shall be approved by the general assembly through a decision item in the8
458	455		judicial department's annual budget request.9
459	456		SECTION 7. In Colorado Revised Statutes, amend 16-2.5-10210
460	457		as follows:11
461	458		16-2.5-102. Certified peace officer - P.O.S.T. certification12
462	459		required. The following peace officers shall meet all the standards13
463	460		imposed by law on a peace officer and shall be certified by the peace14
464	461		officers standards and training board, referred to in this article as the15
465	462		"P.O.S.T. board": A chief of police; a police officer; a sheriff; an16
466	463		undersheriff; a deputy sheriff; a Colorado state patrol officer; a town17
467	464		marshal; a deputy town marshal; a reserve police officer; a reserve deputy18
468	465		sheriff; a reserve deputy town marshal; a police officer or reserve police19
469	466		officer employed by a state institution of higher education; a Colorado20
470	467		wildlife officer; a Colorado parks and recreation officer; a Colorado21
471	468		police administrator or police officer employed by the Colorado mental22
472	469		health institute at Pueblo; an attorney general criminal investigator; a23
473	470		community parole officer; a public transit officer; a municipal court24
474	471		marshal; ADMINISTRATORS OF JUDICIAL SECURITY; and the department of25
475	472		corrections inspector general.26
476	473		SECTION 8. In Colorado Revised Statutes, amend 16-2.5-13027
477	474		1136
478	475		-14- as follows:1
479	476		16-2.5-130. P.O.S.T. director - P.O.S.T. board investigator.2
480	477		The director of the P.O.S.T. board, DEPUTY DIRECTOR, and a P.O.S.T.3
481	478		board investigator are peace officers while engaged in the performance4
482	479		of their duties whose primary authority shall include the enforcement of5
483	480		laws and rules pertaining to the training and certification of peace officers6
484	481		and shall include the enforcement of all laws of the state of Colorado and7
485	482		who may be certified by the P.O.S.T. board.8
486	483		SECTION 9. In Colorado Revised Statutes, 16-2.5-502, repeal9
487	484		(3)(e) as follows:10
488	485		16-2.5-502. Peace officer credibility disclosures - policies and11
489	486		procedures. (3) On or before February 1, 2022, each district attorney12
490	487		shall make available to the public the policies and procedures created and13
491	488		implemented pursuant to subsection (2) of this section. The policies and14
492	489		procedures must include, but need not be limited to, a process for a15
493	490		district attorney to:16
494	491		(e) Remove any credibility disclosure notification records when17
495	492		appropriate and lawful.18
496	493		SECTION 10. Safety clause. The general assembly finds,19
497	494		determines, and declares that this act is necessary for the immediate20
498	495		preservation of the public peace, health, or safety or for appropriations for21
499	496		the support and maintenance of the departments of the state and state22
500	497		institutions.23
501	498		1136
502	499		-15-