SB 190

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-190
     BY SENATOR(S) Coleman and Weissman, Amabile, Benavidez, Cutter,
     Danielson, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Marchman,
     Sullivan;
     also REPRESENTATIVE(S) Bacon and English, Carter, Clifford, Jackson,
     Joseph, Lindsay, Mabrey, Marshall, Nguyen, Sirota, Woodrow, Zokaie.
     CONCERNING RELEASING INFORMATION RELATED TO INCIDENTS INVOLVING
          A PEACE OFFICER'S USE OF FORCE THAT RESULTS IN DEATH.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and declares that:
            (a) A peace officer's use of force that results in death requires
     heightened transparency to maintain public trust;
             (b) Colorado law requires a multi-agency investigation of a peace
     officer's use of force that results in death or a peace officer's discharge of
     a firearm that results in injury or death; and
             (c) The family of a person who dies because of a peace officer's use
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
of force has a compelling interest in timely access to information about the
incident.
        SECTION 2. In Colorado Revised Statutes, 24-31-901, add (1.5),
(1.7), (2.8), and (5.5) as follows:
       24-31-901. Definitions.
       As used in this part 9, unless the context otherwise requires:
      (1.5) "DECEDENT" MEANS A PERSON WHOSE DEATH IS CAUSED BY A
PEACE OFFICER'S USE OF FORCE.
      (1.7) "DECEDENT'S IMMEDIATE FAMILY" MEANS THE SPOUSE, A CHILD
BY BIRTH OR ADOPTION, A STEPCHILD, THE PARENT, THE STEPPARENT, A
SIBLING, A LEGAL GUARDIAN, A SIGNIFICANT OTHER, OR A LAWFUL
REPRESENTATIVE OF THE DECEDENT.
       (2.8)   "LAWFUL REPRESENTATIVE" MEANS A PERSON WHO IS
DESIGNATED BY A DECEDENT OR APPOINTED BY THE COURT TO ACT IN THE
BEST INTERESTS OF THE DECEDENT.
      (5.5) "SIGNIFICANT OTHER" MEANS A PERSON WHO IS IN A
FAMILY-TYPE LIVING ARRANGEMENT WITH A DECEDENT AND WHO WOULD
CONSTITUTE A SPOUSE OF THE DECEDENT IF THE DECEDENT AND THE PERSON
WERE MARRIED.
        SECTION 3. In Colorado Revised Statutes, 24-31-902, amend
(2)(a) and (2)(b)(I) as follows:
       24-31-902. Incident recordings - release - tampering - fine.
       (2) (a) (I) For all incidents in which there is a complaint TO THE LAW
ENFORCEMENT AGENCY INVOLVED IN ALLEGED MISCONDUCT of peace officer
misconduct by another peace officer, a civilian, or nonprofit organization,
through notice to THAT DOES NOT RESULT IN A DECEDENT'S DEATH, the law
enforcement agency involved in the alleged misconduct, the local law
enforcement agency or the Colorado state patrol THAT EMPLOYS THE PEACE
OFFICER shall release, upon request OF ANY PERSON, all unedited video and
audio recordings of the incident, including those from body-worn cameras,
PAGE 2-SENATE BILL 26-190
dash cameras, or otherwise collected through investigation, to the public
PERSON WHO MADE THE REQUEST within twenty-one days after the local law
enforcement agency or the Colorado state patrol received the request for
release of the video or audio recordings THE REQUEST.
       (II) FOR ALL INCIDENTS IN WHICH THERE IS A COMPLAINT OF PEACE
OFFICER MISCONDUCT TO THE LAW ENFORCEMENT AGENCY INVOLVED IN THE
ALLEGED MISCONDUCT ARISING FROM A PEACE OFFICER'S USE OF FORCE THAT
RESULTS IN A DECEDENT'S DEATH, THE LAW ENFORCEMENT AGENCY THAT
EMPLOYS THE PEACE OFFICER SHALL RELEASE, UPON REQUEST OF ANY
PERSON, ALL UNEDITED VIDEO AND AUDIO RECORDINGS OF THE INCIDENT,
INCLUDING THOSE FROM BODY-WORN CAMERAS, DASH CAMERAS, OR
OTHERWISE COLLECTED THROUGH INVESTIGATION, TO THE PERSON WHO
MADE THE REQUEST FOLLOWING THE EXPIRATION OF THE TWENTY-ONE-DAY
PERIOD DESCRIBED IN SUBSECTION (2)(b)(I) OF THIS SECTION.
      (III) UPON COMPLETION OF AN INTERNAL INVESTIGATION, INCLUDING
ANY APPEALS PROCESS, THAT EXAMINES AN INCIDENT OF USE OF FORCE BY
A PEACE OFFICER THAT RESULTS IN DEATH; THE COMPLETION OF THE
INVESTIGATION OF A USE OF FORCE BY A PEACE OFFICER THAT RESULTS IN
DEATH BY THE MULTI-AGENCY TEAM DESCRIBED IN SECTION 16-25-302 AND
THE ISSUANCE OF THE REPORT REQUIRED BY SECTION 20-1-114; AND THE
COMPLETION OF A CRIMINAL CASE ARISING FROM THE INCIDENT, INCLUDING
ANY APPEALS, THE VIDEO AND AUDIO RECORDINGS DEPICTING THE DEATH
SHALL BE RELEASED TO THE DECEDENT'S IMMEDIATE FAMILY AND A PERSON
DESIGNATED BY THE DECEDENT'S IMMEDIATE FAMILY, UPON REQUEST,
NOTWITHSTANDING THE REQUIREMENTS OF SECTION 24-31-902 (2)(b)(III)
AND SECTION 24-31-902 (2)(c).
      (b) (I) FOR ALL INCIDENTS IN WHICH THE USE OF FORCE BY A PEACE
OFFICER RESULTS IN A DECEDENT'S DEATH, THE LAW ENFORCEMENT AGENCY
THAT EMPLOYS THE PEACE OFFICER SHALL MAKE REASONABLE EFFORTS TO
IDENTIFY THE DECEDENT'S IMMEDIATE FAMILY AND PROVIDE all video and
audio recordings depicting a THE DECEDENT'S death must be provided upon
request to the victim's spouse, parent, legal guardian, child, sibling,
grandparent, grandchild, significant other, or other lawful representative,
and such TO EACH IDENTIFIED MEMBER OF THE DECEDENT'S IMMEDIATE
FAMILY AND A PERSON DESIGNATED BY THE DECEDENT'S IMMEDIATE FAMILY,
UNLESS THE FAMILY MEMBER OR DESIGNATED PERSON DECLINES, WITHIN
TWENTY-ONE DAYS AFTER THE INCIDENT. THE person shall be notified of his
PAGE 3-SENATE BILL 26-190
or her THEIR right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and
review the recording at least seventy-two hours prior to A public disclosure
MADE PURSUANT TO SUBSECTION (2)(a)(II) OF THIS SECTION. A person
seventeen years of age and under is considered incapacitated, unless legally
emancipated.
      SECTION 4. In Colorado Revised Statutes, repeal and reenact,
with amendments, part 3 of article 2.5 of title 16 as follows:
                           PART 3
                 PEACE OFFICER USE OF FORCE
               INVESTIGATIONS AND PROCEDURES
       16-2.5-301. Definitions.
       AS USED IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE REQUIRES:
      (1) "DECEDENT" MEANS A PERSON WHOSE DEATH IS CAUSED BY A
PEACE OFFICER'S USE OF FORCE.
      (2) "DECEDENT'S IMMEDIATE FAMILY" MEANS THE SPOUSE, ANY
CHILD BY BIRTH OR ADOPTION, ANY STEPCHILD, THE PARENT, THE
STEPPARENT, A SIBLING, A LEGAL GUARDIAN, A SIGNIFICANT OTHER, OR A
LAWFUL REPRESENTATIVE OF THE DECEDENT.
       16-2.5-302. Peace officer actions leading to injury or death
investigations - protocol - notification to decedent's immediate family.
       (1) (a) EACH POLICE DEPARTMENT, SHERIFF'S OFFICE, AND DISTRICT
ATTORNEY WITHIN THE STATE SHALL MAINTAIN PROTOCOLS FOR
PARTICIPATING IN A MULTI-AGENCY TEAM, WHICH MUST INCLUDE AT LEAST
ONE OTHER POLICE DEPARTMENT OR SHERIFF'S OFFICE, OR THE COLORADO
BUREAU OF INVESTIGATION, IN CONDUCTING ANY INVESTIGATION,
EVALUATION, OR REVIEW OF AN INCIDENT INVOLVING THE DISCHARGE OF A
FIREARM BY A PEACE OFFICER THAT RESULTED IN INJURY OR DEATH, OR
OTHER USE OF FORCE BY A PEACE OFFICER THAT RESULTED IN DEATH. THE
LAW ENFORCEMENT AGENCIES PARTICIPATING NEED NOT BE FROM THE SAME
JUDICIAL DISTRICT.
       (b) EACH LAW ENFORCEMENT AGENCY SHALL POST THE PROTOCOL
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ON ITS WEBSITE OR, IF IT DOES NOT HAVE A WEBSITE, MAKE IT PUBLICLY
AVAILABLE UPON REQUEST.
      (2) THE LAW ENFORCEMENT AGENCY THAT EMPLOYS THE PEACE
OFFICER OR THE MULTI-AGENCY TEAM INVESTIGATING AN INCIDENT
INVOLVING THE PEACE OFFICER'S USE OF FORCE THAT RESULTS IN DEATH
SHALL NOTIFY EACH PERSON IN THE DECEDENT'S IMMEDIATE FAMILY KNOWN
TO THE EMPLOYING LAW ENFORCEMENT AGENCY, AND A PERSON
DESIGNATED BY THE DECEDENT'S IMMEDIATE FAMILY, ABOUT THE
INVESTIGATION OF THE INCIDENT. THE NOTIFICATION MUST OCCUR WITHIN
TWENTY-FOUR HOURS AFTER THE SCENE OF THE INCIDENT IS CLEARED AND
MUST INCLUDE THE FOLLOWING INFORMATION:
      (a)  THE NAMES OF ALL LAW ENFORCEMENT AGENCIES THAT
COMPRISE THE MULTI-AGENCY TEAM DESCRIBED IN SUBSECTION (1) OF THIS
SECTION THAT IS INVESTIGATING THE USE OF FORCE; AND
      (b) THE STATUS OF THE INVESTIGATION.
      16-2.5-303. Extrajudicial statement concerning use of force -
requirements for videos released to the public.
      (1) A PEACE OFFICER WHO IS PARTICIPATING OR HAS PARTICIPATED
IN THE INVESTIGATION OF A CRIMINAL MATTER INVOLVING THE USE OF FORCE
BY ANOTHER PEACE OFFICER THAT RESULTS IN DEATH SHALL NOT MAKE AN
EXTRAJUDICIAL STATEMENT ON BEHALF OF A LAW ENFORCEMENT AGENCY
THAT THE PEACE OFFICER KNOWS OR REASONABLY SHOULD KNOW WILL BE
DISSEMINATED BY MEANS OF PUBLIC COMMUNICATION AND WILL HAVE A
SUBSTANTIAL LIKELIHOOD OF MATERIALLY PREJUDICING AN ADJUDICATIVE
PROCEEDING IN THE MATTER.
      (2) THE FOLLOWING EXTRAJUDICIAL STATEMENTS ARE PRESUMED TO
HAVE A SUBSTANTIAL LIKELIHOOD OF MATERIALLY PREJUDICING AN
ADJUDICATIVE PROCEEDING IN A CRIMINAL MATTER:
      (a) SUBJECTIVE OBSERVATIONS, INCLUDING OBSERVATIONS ABOUT
A DECEDENT'S OR WITNESS'S CHARACTER OR CREDIBILITY;
      (b) OPINIONS THAT A DECEDENT OR A WITNESS IS GUILTY OF A CRIME;
AND
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     (c) INFORMATION CONCERNING THE PRIOR CRIMINAL RECORD OF A
DECEDENT OR A WITNESS.
      (3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, FOR
THE PURPOSES OF THIS SECTION, A PEACE OFFICER DOES NOT MAKE AN
EXTRAJUDICIAL STATEMENT BY PROVIDING:
      (a) INFORMATION CONTAINED IN A PUBLIC RECORD;
     (b) THE IDENTITY, AGE, RESIDENCE, OCCUPATION, AND FAMILY
STATUS OF AN ACCUSED PERSON;
      (c) THE TYPE OF CALL AS REPORTED; THE CHARGES INCLUDED IN A
COMPLAINT, INDICTMENT, OR INFORMATION; AND THE APPROXIMATE
LOCATION OF THE OFFENSE;
      (d) THAT AN INVESTIGATION OF A CRIMINAL MATTER IS IN PROGRESS,
THE IDENTITY OF THE INVESTIGATING AND ARRESTING OFFICERS OR
AGENCIES, AND THE LENGTH OF THE INVESTIGATION;
      (e) THE SCHEDULING OR RESULT OF AN OFFICIAL ACTION, INCLUDING
THE AMOUNT OF BOND;
      (f) A REQUEST FOR ASSISTANCE IN OBTAINING EVIDENCE AND
INFORMATION NECESSARY TO THE INVESTIGATION;
      (g) A WARNING OF DANGER CONCERNING THE BEHAVIOR OF A
PERSON INVOLVED WHEN THERE IS REASON TO BELIEVE THAT THE
LIKELIHOOD OF SUBSTANTIAL HARM TO AN INDIVIDUAL OR TO THE PUBLIC
INTEREST EXISTS;
      (h)   THE FACT, TIME, AND PLACE OF ARREST AND THE
CIRCUMSTANCES IMMEDIATELY SURROUNDING THE ARREST, INCLUDING
RESISTANCE, PURSUIT, AND POSSESSION AND USE OF WEAPONS, AND A
DESCRIPTION OF PHYSICAL ITEMS SEIZED AT THE TIME OF ARREST;
      (i) IF THE ACCUSED HAS NOT BEEN APPREHENDED, INFORMATION
NECESSARY TO AID IN THE APPREHENSION OF THAT PERSON, INCLUDING THE
ISSUANCE OF ANY WARRANTS; AND
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        (j) INFORMATION THAT THE PEACE OFFICER REASONABLY BELIEVES
IS IN THE INTEREST OF THE FAIR ADMINISTRATION OF JUSTICE AND THE LAW
ENFORCEMENT PROCESS IN A PARTICULAR CASE, WITH THE PRIOR WRITTEN
APPROVAL OF THE CHIEF OF POLICE, SHERIFF, OR CHIEF LAW ENFORCEMENT
OFFICER OF THE AGENCY. PRIOR WRITTEN APPROVAL IS NOT REQUIRED IF THE
CHIEF OF POLICE, SHERIFF, OR CHIEF LAW ENFORCEMENT OFFICER OF THE
AGENCY IS PROVIDING THE INFORMATION.
       (4) THE PRODUCTION OF A VIDEO FOR PURPOSES OF A COMMUNITY OR
CRITICAL INCIDENT BRIEFING MUST PROVIDE A DISCLAIMER INDICATING THAT
THE RECORDING HAS BEEN MODIFIED FROM ITS ORIGINAL FORM. NARRATION
OR TEXT MUST BE LIMITED TO THE FACTS OF THE INCIDENT KNOWN AT THE
TIME OF THE RECORDING AND MUST NOT INCLUDE EDITORIAL COMMENTARY
THAT IS OPINION OR THAT PROVIDES A LEGAL CONCLUSION AS TO
CRIMINALITY , LIABILITY , OR MISCONDUCT . A UGMENTATION OR
ENHANCEMENT TO HIGHLIGHT ASPECTS OF A VIDEO, AS WELL AS BLURRING
DONE TO PROTECT SUBSTANTIAL PRIVACY INTERESTS, MUST BE READILY
PERCEPTIBLE OR INDICATED BY AN APPROPRIATE DISCLAIMER.
        SECTION 5. In Colorado Revised Statutes, 24-4.1-302.5, amend
(1)(j.8) as follows:
       24-4.1-302.5. Rights afforded to victims - definitions.
       (1) In order to preserve and protect a victim's rights to justice and
due process, each victim of a crime has the following rights:
       (j.8) The right upon request, to obtain any incident recording as
described in section 24-31-902;
        SECTION 6. In Colorado Revised Statutes, 20-1-114, amend (1)
as follows:
       20-1-114.    Peace officer-involved shooting investigations -
disclosure.
       (1) The district attorney shall, if no criminal charges are filed
following the completion of an investigation pursuant to section 16-2.5-301,
C.R.S., SECTION 16-2.5-302, release a report and publicly disclose the report
explaining the district attorney's findings, including the basis for the
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decision not to charge the officer with any criminal conduct. The district
attorney shall post the written report on its website or, if it does not have a
website, make it publicly available upon request.
        SECTION 7. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________  ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________  ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
        APPROVED________________________________________
                           (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 26-190