Amendments for HB21-1250
House Journal, April 22
23 HB21-1250 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Amend page 13, after line 6 insert:
28 "(4) THE P.O.S.T. BOARD HAS THE AUTHORITY TO PERMANENTLY
29 REVOKE OR SUSPEND THE CERTIFICATION OF ANY PEACE OFFICER WHO
30 ENTERS INTO A DEFERRED JUDGEMENT, DEFERRED PROSECUTION, OR
31 DIVERSION AGREEMENT FOR A CRIME INVOLVING THE UNLAWFUL USE OF
32 PHYSICAL FORCE OR A CRIME INVOLVING THE FAILURE TO INTERVENE IN
33 THE UNLAWFUL USE OF FORCE.
34
35 SECTION 5. In Colorado Revised Statutes, add 24-31-906 as
36 follows:
37 24-31-906. Retaliation against whistleblower officers
38 prohibited. (1) A PEACE OFFICER'S EMPLOYER SHALL NOT DISCHARGE;
39 DISCIPLINE; DEMOTE; DENY A PROMOTION, TRANSFER, OR REASSIGNMENT;
40 DISCRIMINATE AGAINST; OR THREATEN A PEACE OFFICER'S EMPLOYMENT
41 BECAUSE THE PEACE OFFICER:
42 (a) DISCLOSED INFORMATION THAT SHOWS:
43 (I) MISMANAGEMENT;
44 (II) A WASTE OF GOVERNMENT RESOURCES;
45 (III) A DANGER TO PUBLIC HEALTH OR SAFETY; OR
46 (IV) A VIOLATION OF LAW OR POLICY COMMITTED BY ANOTHER
47 PEACE OFFICER; OR
48 (b) LAWFULLY EXERCISED A CONSTITUTIONAL RIGHT.
49 (2) A PEACE OFFICER HAS THE RIGHT TO BRING A CIVIL ACTION
50 ARISING OUT OF THE PEACE OFFICER'S OFFICIAL DUTIES.".
51
52 Renumber succeeding sections accordingly.
53
54 Page 15, lines 10 and 11, strike "firearm, USE OF FORCE OR OTHER
55 ACTION," and substitute "firearm".
56
1 Page 15, line 11, strike "death." and substitute "death, OR THE USE OF
2 FORCE OR OTHER WEAPON BY A PEACE OFFICER THAT RESULTED IN
3 SERIOUS BODILY INJURY OR DEATH.".
4
5 Page 16, line 3, strike "PERSON." and substitute "PERSON AND ONLY FOR
6 AS LONG AS NECESSARY TO ACCOMPLISH THE OFFICER'S LEGITIMATE LAW
7 ENFORCEMENT OBJECTIVE.".
8
9 Page 16, line 10, strike "FORCE" and substitute "FORCE:".
10
11 Page 16, strike line 11 and substitute:
12 "(I) AS SOON AS THE PERSON ON WHOM THE FORCE IS USED IS
13 UNDER THE OFFICER'S CONTROL;
14 (II) AS SOON AS THE PERSON ON WHOM THE FORCE IS USED IS NO
15 LONGER AN IMMINENT THREAT OF SERIOUS PHYSICAL INJURY OR DEATH TO
16 THE OFFICER OR ANOTHER PERSON; OR
17 (III) WHEN THE OFFICER DETERMINES THAT THE FORCE WILL NO
18 LONGER ACCOMPLISH, OR IS NO LONGER REASONABLE AND PROPORTIONAL
19 TO ACCOMPLISH, THE OFFICER'S LEGITIMATE LAW ENFORCEMENT
20 OBJECTIVE.".
21
22 Page 18, after line 23 insert:
23 "(d) (I) "IMMINENT THREAT" MEANS, WHEN BASED ON THE
24 TOTALITY OF THE CIRCUMSTANCES, A REASONABLE LAW ENFORCEMENT
25 OFFICER WITH EXPERIENCE AND TRAINING IN THE USE OF FORCE OR
26 DEADLY FORCE IN THE SAME SITUATION WOULD BELIEVE THAT A PERSON
27 HAS THE PRESENT ABILITY, OPPORTUNITY, AND APPARENT INTENT TO
28 CAUSE IMMEDIATE DEATH OR PHYSICAL INJURY TO THE OFFICER OR
29 ANOTHER PERSON, AND FROM APPEARANCES, THE THREAT MUST BE
30 INSTANTLY CONFRONTED AND ADDRESSED TO PREVENT THE DEATH OF OR
31 PHYSICAL INJURY TO THE OFFICER OR ANOTHER PERSON.
32 (II) "IMMINENT THREAT" DOES NOT MEAN THE MERE FEAR OF
33 FUTURE HARM, NO MATTER HOW GREAT THE FEAR AND NO MATTER HOW
34 GREAT THE LIKELIHOOD OF THE THREAT.".
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 19, after line 2, insert:
39 "(g) TOTALITY OF THE CIRCUMSTANCES" MEANS ALL CREDIBLE
40 FACTS KNOWN TO A PEACE OFFICER OR THAT COULD HAVE BEEN
41 ASCERTAINED BY THE OFFICER THROUGH VISUAL OBSERVATION, TOUCH,
42 OR AUDIBLE MECHANISMS UNDER THE CIRCUMSTANCES CONFRONTING THE
43 OFFICER LEADING UP TO AND AT THE TIME OF THE USE OF FORCE,
44 INCLUDING:
45 (I) ACTIONS OF AND RISK TO A PERSON AGAINST WHOM A LAW
46 ENFORCEMENT OFFICER USES FORCE;
47 (II) ACTIONS OF A LAW ENFORCEMENT OFFICER; AND
48 (III) RISK TO OTHER PERSONS.".
49
50 Page 23, line 17, strike "(1)(r)" and substitute "(1)(r); and add (1)(s)".
51
52 Page 24, after line 15 insert:
53
54
1 "(s) BY JANUARY 1, 2022, TO ADOPT PROCEDURES TO ALLOW A
2 PEACE OFFICER TO SEEK REVIEW OF THE PEACE OFFICER'S STATUS IN THE
3 DATABASE CREATED PURSUANT TO SUBSECTION (1)(r) OF THIS SECTION
4 BASED ON THE PEACE OFFICER'S PRESENTATION OF NEW EVIDENCE OR
5 CIRCUMSTANCES NOT PREVIOUSLY PROVIDED TO SHOW THE PEACE
6 OFFICER'S RECORD MAY BE REMOVED FROM THE DATABASE.".
7
8 Page 25, line 19, after "amend" insert "(2), (3.5) introductory portion,".
9
10 Page 25, strike lines 21 through 26 and substitute:
11
12 "24-31-309. Profiling - officer identification - training.
13 (2) Definitions. For purposes of this section:
14 (a) "LEGAL BASIS" MEANS ANY BASIS AUTHORIZED BY STATUTE OR
15 THAT THE COLORADO SUPREME COURT OR UNITED STATES SUPREME
16 COURT HAS DETERMINED IS LAWFUL PURSUANT TO SECTION 7 OF ARTICLE
17 II OF THE STATE CONSTITUTION OR THE FOURTH AMENDMENT TO THE
18 UNITED STATES CONSTITUTION.
19 (b) "Profiling" means the practice of relying solely on race,
20 ethnicity, gender, national origin, language, religion, sexual orientation,
21 gender identity, age, or disability in:
22 (a) (I) Determining the existence of probable cause to place in
23 custody or arrest an individual or in constituting a reasonable and
24 articulable suspicion that an offense has been or is being committed so as
25 to justify the detention of an individual or the investigatory stop of a
26 vehicle; or
27 (b) (II) Determining the scope, substance, or duration of an
28 investigation or law enforcement activity to which a person will be
29 subjected.
30 (3.5) A peace officer, AS DEFINED IN SECTION 24-31-901 (3), shall
31 have a legal basis for making a contact, whether consensual or
32 nonconsensual, for the purpose of enforcing the law or investigating
33 possible violations of the law. After making a contact, a peace officer, as
34 defined in section 24-31-901 (3), AS DEFINED IN SECTION 24-31-901 (1),
35 AND shall report to the peace officer's employing agency:".
36
37
House Journal, May 7
27 HB21-1250 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Amend printed bill, page 27, after line 2 insert:
32
33 "SECTION 18. Appropriation. (1) For the 2021-22 state fiscal
34 year, $907,175 is appropriated to the department of public safety for use
35 by the Colorado state patrol. This appropriation is from the highway users
36 tax fund created in section 43-4-201 (1)(a), C.R.S., and appropriated
37 pursuant to section 43-4-201 (3)(a)(I)(C), C.R.S. To implement this act,
38 the division may use this appropriation as follows:
39 (a) $602,148 for sergeants, technicians, and troopers, which
40 amount is based on an assumption that the department will require an
41 additional 7.0 FTE;
42 (b) $48,543 for civilians;
43 (c) $125,492 for operating expenses;
44 (d) $34,380 for vehicle lease payments; and
45 (e) $96,612 for state patrol training academy.
46 (2) For the 2021-22 state fiscal year, $582,742 is appropriated to
47 the department of law. This appropriation is from reappropriated funds
48 received from the department of personnel from the risk management
49 fund created in section 24-30-1510 (1)(a), C.R.S., and is based on an
50 assumption that the department of law will require an additional 3.0 FTE.
51 To implement this act, the department of law may use this appropriation
52 to provide legal services for the department of public safety.".
53
54 Renumber succeeding section accordingly.
55
1 Page 1, line 102, strike "ACCOUNTABILITY." and insert
2 "ACCOUNTABILITY, AND, IN CONNECTION THEREWITH, MAKING AN
3 APPROPRIATION.".
4
5
House Journal, May 17
45 Amendment No. 1, Appropriations Report, dated May 7, 2021, and
46 placed in member's bill file; Report also printed in House Journal, May
47 7, 2021.
48
49 Amendment No. 2, Judiciary Report, dated April 21, 2021, and placed in
50 member's bill file; Report also printed in House Journal, April 22, 2021.
51
52 Amendment No. 3, by Representative Herod.
53
54 Amend the Judiciary Committee Report, dated April 21, 2021, page 2,
55 strike lines 4 through 6 and substitute:
1 "Page 15, line 11, strike "death." and substitute "death, OR OTHER USE OF
2 FORCE BY A PEACE OFFICER THAT RESULTED IN DEATH.".".
3
4 Page 2 of the report, line 9, strike "OBJECTIVE."." and substitute
5 "OBJECTIVE. A PEACE OFFICER'S BIAS-BASED FEAR DOES NOT JUSTIFY THE
6 USE OF FORCE.".".
7
8 Page 2 of the report, strike lines 32 and 33 and substitute "FUTURE HARM
9 OR BIAS-BASED FEAR.".".
10
11 Page 3 of the report, line 3, strike "CREDIBLE".
12
13 Page 3 of the report, line 4, strike "COULD" and substitute "SHOULD".
14
15 Page 3 of the report, strike lines 8 through 12 and substitute "INCLUDING
16 EFFORTS BY THE PEACE OFFICER TO DE-ESCALATE THE SITUATION AND
17 ANY ACTION BY THE OFFICER THAT ESCALATED THE SITUATION.".".
18
19 Page 3 of the report, lines 18 and 19, strike "OR CIRCUMSTANCES NOT
20 PREVIOUSLY PROVIDED".
21
22 Amendment No. 4, by Representative Herod.
23
24 Amend the Judiciary Committee Report, dated April 21, 2021, page 1,
25 strike lines 10 through 23 and substitute:
26
27 "24-31-906. Retaliation against whistleblower officers
28 prohibited. (1) A PEACE OFFICER'S EMPLOYER OR THE EMPLOYER'S
29 AGENT SHALL NOT DISCHARGE; DISCIPLINE; DEMOTE; DENY A PROMOTION,
30 TRANSFER, OR REASSIGN; DISCRIMINATE AGAINST; HARASS; OR THREATEN
31 A PEACE OFFICER'S EMPLOYMENT BECAUSE THE PEACE OFFICER DISCLOSED
32 INFORMATION THAT SHOWS:
33 (a) A DANGER TO PUBLIC HEALTH OR SAFETY; OR
34 (b) A VIOLATION OF LAW OR POLICY COMMITTED BY ANOTHER
35 PEACE OFFICER.
36 (2) NO LATER THAN JANUARY 1, 2022, ALL LAW ENFORCEMENT
37 AGENCIES THAT EMPLOY P.O.S.T.-CERTIFIED PEACE OFFICERS SHALL
38 PROVIDE A TRAINING AVAILABLE TO EMPLOYEES, A WORKPLACE POSTING,
39 OR BOTH REGARDING THE REQUIREMENTS OF THIS SECTION. IF THE LAW
40 ENFORCEMENT AGENCY PROVIDES A POSTING, THE LAW ENFORCEMENT
41 AGENCY SHALL PLACE THE POSTING IN AN AREA THAT IS READILY
42 ACCESSIBLE TO ALL EMPLOYEES AND PRINTED IN A READABLE FORMAT.
43 FOR NEW EMPLOYEES HIRED AFTER THE DATE OF THE TRAINING FOR
44 EXISTING EMPLOYEES, THE LAW ENFORCEMENT AGENCY SHALL PROVIDE
45 THE TRAINING DURING THE EMPLOYEE'S ORIENTATION.
46 (3) AN EMPLOYEE OR AGENT OF A LAW ENFORCEMENT AGENCY
47 THAT KNOWINGLY OR INTENTIONALLY VIOLATES SUBSECTION (1) OF THIS
48 SECTION SHALL BE DISCIPLINED APPROPRIATELY BY THE LAW
49 ENFORCEMENT AGENCY.".".
50
51 Amendment No. 5, by Representative Herod.
52
53 Amend printed bill, page 12, strike lines 26 and 27 and substitute:
54
1 "(3) NOTWITHSTANDING THIS SECTION, THE P.O.S.T. BOARD
2 SHALL NOT SUSPEND OR REVOKE A PEACE OFFICER'S CERTIFICATION BASED
3 ON A FINAL DECISION OF AN INTERNAL INVESTIGATION UNLESS AND UNTIL
4 SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION ARE COMPLIED WITH, NO
5 LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE THE LAW
6 ENFORCEMENT AGENCY REPORTS AN INCIDENT TO THE P.O.S.T. BOARD:
7 (a) THE LAW ENFORCEMENT AGENCY THAT EMPLOYS OR
8 EMPLOYED THE PEACE OFFICER SHALL NOTIFY THE P.O.S.T. BOARD UPON
9 ANY SUSTAINED FINDINGS OF SUBSECTION (1)(a)(III) OR (2)(a)(III) OF THIS
10 SECTION, IN A MANNER DESIGNATED BY THE P.O.S.T. BOARD. UPON
11 RECEIPT OF THE NOTIFICATION, THE P.O.S.T. BOARD SHALL NOTIFY THE
12 CERTIFICATE HOLDER OF THE CERTIFICATE HOLDER'S RIGHT TO REQUEST
13 A HEARING. UPON REQUEST OF THE P.O.S.T. BOARD, THE REPORTING
14 AGENCY SHALL PROVIDE RELEVANT DOCUMENTS RELATED TO THE
15 SUSTAINED FINDINGS OF SUBSECTION (1)(a)(III) OR (2)(a)(III). FOR THE
16 PURPOSES OF THIS SUBSECTION (3), THE RECORDS OF ANY LAW
17 ENFORCEMENT AGENCY THAT ARE SUBMITTED FOR REVIEW BY THE
18 P.O.S.T. BOARD REMAIN THE PROPERTY OF THE REPORTING LAW
19 ENFORCEMENT AGENCY AND ARE NOT SUBJECT TO PUBLIC RELEASE BY THE
20 P.O.S.T. BOARD.
21 (b) THE CERTIFICATE HOLDER MUST REQUEST A HEARING WITHIN
22 THIRTY DAYS AFTER RECEIPT OF THE P.O.S.T. BOARD'S NOTIFICATION.
23 UPON THE REQUEST BY THE CERTIFICATE HOLDER, THE P.O.S.T. BOARD
24 SHALL REFER THE MATTER TO AN ADMINISTRATIVE LAW JUDGE, WHO
104 25 SHALL CONDUCT A HEARING IN COMPLIANCE WITH SECTIONS 24-4-
26 AND 24-4-105 TO DETERMINE IF THE OFFICER ENGAGED IN THE ALLEGED
27 CONDUCT.
28 (c) IF THE CERTIFICATE HOLDER EITHER DOES NOT REQUEST A
29 HEARING OR REQUESTS A HEARING AND THE ADMINISTRATIVE LAW JUDGE
30 DETERMINES, AFTER CONDUCTING THE HEARING PURSUANT TO THE RULES
104 31 OF THE P.O.S.T. BOARD AND IN COMPLIANCE WITH SECTIONS 24-4-
32 AND 24-4-105, THAT THE CERTIFICATE HOLDER VIOLATED SUBSECTION
33 (1)(a)(III) OR (2)(a)(III) OF THIS SECTION, THE P.O.S.T. BOARD SHALL
34 REVOKE OR SUSPEND THE PEACE OFFICER'S CERTIFICATION PURSUANT TO
35 SUBSECTION (1)(a) OR (2)(a) OF THIS SECTION.".
36
37 Page 13, strike lines 1 through 6.
38
39 Amendment No. 6, by Representative Herod.
40
41 Amend printed bill, page 3, line 26, after "2023," insert "(1)(a)(I),".
42
43 Page 4, strike line 3 and substitute:
44 "(1) (a) (I) By July 1, 2023 JULY 1, 2022, all local law enforcement
45 agencies in the state and the Colorado state patrol shall provide
46 body-worn cameras for each peace officer of the law enforcement agency
47 who interacts with members of the public. Law enforcement agencies
48 may seek funding pursuant to section 24-33.5-519.
49 (II) (A) Except as provided in subsection (1)(a)(II)(B) or ".
50
51 Page 6, line 27, strike "complaint of misconduct." and substitute
52 "complaint of misconduct REQUEST FOR RELEASE OF THE VIDEO OR AUDIO
53 RECORDINGS.".
54
55
1 Page 9, line 3, strike "THIS SECTION APPLIES" and substitute
2 "SUBSECTIONS (1)(a)(III) AND (2) OF THIS SECTION APPLY".
3
4 Page 9, line 5, strike "CAMERA." and substitute "CAMERA AND REMAINING
5 PORTIONS OF THIS SECTION APPLY ON AND AFTER JULY 1, 2022.".
6
7 Page 9, line 8, strike "2023." and substitute "2022.".
8
9 Page 10, line 11, strike "contacts" and substitute "contacts, EXCEPT FOR
10 CONTACTS BY A PEACE OFFICER WHO IS WORKING UNDERCOVER OR
11 CONTACTS THAT INVOLVE INTERACTIONS IN A JAIL,".
12
13 Page 14, line 5, strike "CASUAL" and substitute "CAUSAL".
14
15 Page 15, line 26, strike "REASONABLE" and insert "PRACTICABLE".
16
17 Page 16, line 9, strike "MODULATE" and substitute "ADJUST".
18
19 Page 16, line 13, strike "AS A LAST RESORT,".
20
21 Page 16, line 14, strike "REASONABLE" and insert "PRACTICABLE".
22
23 Page 19, line 7, after "(3)," insert "WHO IS ON-DUTY".
24
25 Page 26, line 25, strike "21-____;" and substitute "21-1250;".
26
27 Amendment No. 7, by Representative Tipper.
28
29 Amend printed bill, page 27, after line 2 insert:
30
31 "SECTION 18. Applicability. Section 8 of this act applies on or
32 after January 1, 2022.".
33
34 Renumber succeeding section accordingly.
35
36 Amendment No. 8, by Representative Geitner.
37
38 Amend printed bill, page 26, after line 18 insert:
39
40 "SECTION 17. In Colorado Revised Statutes, 24-33.5-519, add
41 (2)(c) as follows:
42 24-33.5-519. Body-worn cameras for law enforcement officers
43 - grant program - study group - fund - repeal. (2) (c) (I) THE GENERAL
44 ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS IN FISCAL YEAR
45 2021-22 TO THE FUND.
46 (II) THIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1,
47 2022.".
48
49 Renumber succeeding sections accordingly.
50
51 Amendment No. 9, by Representative Van Winkle.
52
53 Amend printed bill, page 26, after line 18 insert:
54 "SECTION 17. In Colorado Revised Statutes, add part 5 to
55 article 6 of title 24 as follows:
5 1 PART
2 ENCRYPTION OF RADIO COMMUNICATIONS
3 BY GOVERNMENTAL ENTITIES
4 24-6-501. Definitions. AS USED IN THIS PART 5, UNLESS THE
5 CONTEXT OTHERWISE REQUIRES:
6 (1) "ENCRYPTION" MEANS THE ENCODING OF VOICE
7 COMMUNICATION ON AN ANALOG OR DIGITALLY MODULATED RADIO
8 CARRIER, WHICH ENCODING RENDERS THE COMMUNICATION DIFFICULT OR
9 IMPOSSIBLE TO BE MONITORED BY COMMERCIALLY AVAILABLE RADIO
10 RECEIVERS OR SCANNERS.
11 (2) "GOVERNMENTAL ENTITY" MEANS AN ENTITY OF THE STATE
12 GOVERNMENT; EACH ENTITY OF THE GOVERNMENT OF EACH CITY,
13 COUNTY, AND CITY AND COUNTY; AND SPECIAL DISTRICTS, SCHOOL
14 DISTRICTS, AND STATE INSTITUTIONS OF HIGHER EDUCATION.
15 (3) "RADIO COMMUNICATIONS" MEANS ANY COMMUNICATION BY
16 WAY OF TRANSMISSION OF A RADIO FREQUENCY CARRIER TO BASE,
17 MOBILE, OR PORTABLE RADIO TRANSCEIVERS BY EITHER ANALOG OR
18 DIGITAL MODULATION.
19 (4) "SCANNER" MEANS A RADIO RECEIVER DESIGNED FOR THE
20 PURPOSE OF MONITORING MULTIPLE RADIO CARRIERS SIMULTANEOUSLY.
21 24-6-502. Public broadcast of governmental radio
22 communications - encryption policy. (1) A GOVERNMENTAL ENTITY
23 THAT ENCRYPTS ALL OF ITS RADIO COMMUNICATIONS SHALL ENACT AN
24 ENCRYPTION POLICY THAT MEETS THE REQUIREMENTS OF SUBSECTION (2)
25 OF THIS SECTION.
26 (2) (a) A GOVERNMENTAL ENTITY SHALL INCLUDE IN ITS RADIO
27 COMMUNICATIONS ENCRYPTION POLICY ACCESS TO UNENCRYPTED RADIO
28 TRANSMISSIONS FOR MEMBERS OF THE MEDIA, WHICH MAY INCLUDE A
29 PROCESS FOR GRANTING SUCH ACCESS, SUCH AS VERIFICATION OF MEDIA
30 CREDENTIALS, AND REASONABLE RESTRICTIONS ON THE USE OF RADIO
31 MONITORING EQUIPMENT.
32 (b) PRIOR TO ENACTING AN ENCRYPTION POLICY, A
33 GOVERNMENTAL ENTITY SHALL SEEK THE INPUT FROM MEMBERS OF THE
34 MEDIA WHO ARE BASED IN COLORADO.".
35
36 Renumber succeeding sections accordingly.
37
38 As amended, ordered engrossed and placed on the Calendar for Third
39 Reading and Final Passage.
House Journal, May 17
50 Amend proposed floor amendment (HB1250_L.019), page 1, strike lines
51 5 through 14 and substitute:
52
53 "Page 2 of the committee report, strike lines 7 through 33 and substitute:
54
55 "Page 15 of the bill, strike lines 14 through 27.
1 Strike pages 16 through 18 of the bill.
2
3 Page 19 of the bill, strike lines 1 and 2.
4
5 Renumber succeeding sections accordingly.".
6
7 Page 3 of the committee report, strike lines 1 through 12.".".
8
9 The amendment was declared adopted by the following roll call vote:
10
11 YES 33 NO 31 EXCUSED 1 ABSENT
12 Amabile N Exum N Lynch Y Sirota N
13 Bacon N Froelich N McCluskie Y Snyder Y
14 Baisley Y Geitner Y McCormick N Soper Y
15 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
16 Bernett N Gray N McLachlan Y Tipper N
17 Bird Y Hanks Y Michaelson Jenet N Titone N
18 Bockenfeld Y Herod N Mullica Y Valdez A. N
19 Boesenecker N Holtorf Y Neville Y Valdez D. Y
20 Bradfield Y Hooton N Ortiz N Van Beber Y
21 Caraveo N Jackson N Pelton Y Van Winkle Y
22 Carver Y Jodeh N Pico Y Weissman N
23 Catlin Y Kennedy N Ransom Y Will Y
24 Cutter N Kipp N Rich Y Williams Y
25 Daugherty Y Larson Y Ricks E Woodrow N
26 Duran N Lontine N Roberts Y Woog Y
27 Esgar N Luck Y Sandridge Y Young Y
28 Speaker N
House Journal, May 17
35 Amend printed bill, page 4, line 1, strike "(3)" and substitute
36 "(1)(a)(II)(B.5) and (3)".
37
38 Page 4, after line 19 insert:
39 "(B.5) A PEACE OFFICER MAY TURN OFF A BODY-WORN CAMERA
40 IF REQUESTED BY A PERSON WHOM THE PEACE OFFICER REASONABLY
41 BELIEVES IS A VICTIM OR A WITNESS AND IF THE REQUEST IS DOCUMENTED
42 ON THE BODY-WORN CAMERA RECORDING OR ON A STATEMENT SIGNED BY
43 THE REQUESTOR. THE PEACE OFFICER SHALL DOCUMENT THE REASON FOR
44 THE REQUEST FROM THE VICTIM OR WITNESS TO TURN OFF THE
45 BODY-WORN CAMERA IF A REASON IS GIVEN.".
46
47 The amendment was declared lost by the following roll call vote:
48
49 YES 24 NO 41 EXCUSED 0 ABSENT
50 Amabile N Exum N Lynch Y Sirota N
51 Bacon N Froelich N McCluskie N Snyder N
52 Baisley Y Geitner Y McCormick N Soper Y
53 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
54 Bernett N Gray N McLachlan N Tipper N
55 Bird N Hanks Y Michaelson Jenet N Titone N
1 Bockenfeld Y Herod N Mullica N Valdez A. N
2 Boesenecker N Holtorf Y Neville Y Valdez D. N
3 Bradfield Y Hooton N Ortiz N Van Beber Y
4 Caraveo N Jackson N Pelton Y Van Winkle Y
5 Carver Y Jodeh N Pico Y Weissman N
6 Catlin Y Kennedy N Ransom Y Will Y
7 Cutter N Kipp N Rich Y Williams Y
8 Daugherty N Larson Y Ricks N Woodrow N
9 Duran N Lontine N Roberts N Woog Y
10 Esgar N Luck Y Sandridge Y Young N
11 Speaker N
House Journal, May 17
18 Amend printed bill, page 5, line 18, after "to" insert "AN UNFORESEEABLE
19 EMERGENCY OR EXIGENT CIRCUMSTANCE THAT WAS NOT CAUSED BY THE
20 PEACE OFFICER OR".
21
22 Page 5, line 23, strike "his or her" and substitute "his or her THE PEACE
23 OFFICER'S".
24
25 The amendment was declared lost by the following roll call vote:
26
27 YES 24 NO 41 EXCUSED 0 ABSENT
28 Amabile N Exum N Lynch Y Sirota N
29 Bacon N Froelich N McCluskie N Snyder N
30 Baisley Y Geitner Y McCormick N Soper Y
31 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
32 Bernett N Gray N McLachlan N Tipper N
33 Bird N Hanks Y Michaelson Jenet N Titone N
34 Bockenfeld Y Herod N Mullica N Valdez A. N
35 Boesenecker N Holtorf Y Neville Y Valdez D. N
36 Bradfield Y Hooton N Ortiz N Van Beber Y
37 Caraveo N Jackson N Pelton Y Van Winkle Y
38 Carver Y Jodeh N Pico Y Weissman N
39 Catlin Y Kennedy N Ransom Y Will Y
40 Cutter N Kipp N Rich Y Williams Y
41 Daugherty N Larson Y Ricks N Woodrow N
42 Duran N Lontine N Roberts N Woog Y
43 Esgar N Luck Y Sandridge Y Young N
44 Speaker N
House Journal, May 17
51 Amend printed bill, page 7, line 19, strike "VIDEO." and substitute
52 "VIDEO; EXCEPT THAT THE AUDIO OF A VIDEO MAY BE REDACTED IF THE
53 AUDIO RAISES SUBSTANTIAL PRIVACY CONCERNS AS DESCRIBED IN THIS
54 SECTION.".
55
1 The amendment was declared lost by the following roll call vote:
2
3 YES 24 NO 41 EXCUSED 0 ABSENT
4 Amabile N Exum N Lynch Y Sirota N
5 Bacon N Froelich N McCluskie N Snyder N
6 Baisley Y Geitner Y McCormick N Soper Y
7 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
8 Bernett N Gray N McLachlan N Tipper N
9 Bird N Hanks Y Michaelson Jenet N Titone N
10 Bockenfeld Y Herod N Mullica N Valdez A. N
11 Boesenecker N Holtorf Y Neville Y Valdez D. N
12 Bradfield Y Hooton N Ortiz N Van Beber Y
13 Caraveo N Jackson N Pelton Y Van Winkle Y
14 Carver Y Jodeh N Pico Y Weissman N
15 Catlin Y Kennedy N Ransom Y Will Y
16 Cutter N Kipp N Rich Y Williams Y
17 Daugherty N Larson Y Ricks N Woodrow N
18 Duran N Lontine N Roberts N Woog Y
19 Esgar N Luck Y Sandridge Y Young N
20 Speaker N
Senate Journal, May 26
After consideration on the merits, the Committee recommends that HB21-1250 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 3, line 8, strike "law, or" and substitute "law or"
and strike the second "law," and substitute "law.".
Page 3, line 9, strike "OR CONDUCTING WELFARE CHECKS.".
Page 3, line 11, strike "area." and substitute "area; A NON-INVESTIGATORY AND
CONSENSUAL INTERACTION WITH A MEMBER OF THE PUBLIC, INITIATED BY A
MEMBER OF THE PUBLIC, UNLESS AND UNTIL THE INTERACTION PROGRESSES
INTO AN INVESTIGATION OF A POSSIBLE VIOLATION OF THE LAW; A MOTORIST
ASSIST; UNDERCOVER INTERACTIONS; OR ROUTINE INTERACTIONS WITH PERSONS
DETAINED IN A JAIL OR DETENTION FACILITY.".
Page 4 line 1, after "(2)(b)(II)(C)," insert "(2)(b)(III),".
Page 4, line 4, strike "July 1, 2023 JULY 1, 2022," and substitute "July 1, 2023,".
Page 4, line 14, after "SERVICE," insert "DURING A WELFARE CHECK EXCEPT FOR
A MOTORIST ASSIST,".
Page 8, after line 18, insert:
"(III) Any video that would substantially interfere with or jeopardize an
active or ongoing investigation may be withheld from the public; except that the
video shall be released no later than forty-five days from the date of the
allegation of misconduct; EXCEPT THAT IN A CASE IN WHICH THE ONLY OFFENSES
CHARGED ARE STATUTORY TRAFFIC INFRACTIONS, THE RELEASE OF THE VIDEO
MAY BE DELAYED PURSUANT TO RULE 8 OF THE COLORADO RULES FOR TRAFFIC
INFRACTIONS. In all cases when release of a video is delayed in reliance on this
subsection (2)(b)(III), the prosecuting attorney shall prepare a written
explanation of the interference or jeopardy that justifies the delayed release,
contemporaneous with the refusal to release the video. Upon release of the
video, the prosecuting attorney shall release the written explanation to the
public.".
Page 9, strike lines 10 through 16 and substitute:
"(3) SUBSECTION (1)(a)(III), AS IT RELATES TO ONLY AN OFFICER
TAMPERING WITH BODY-WORN OR DASH-CAMERA FOOTAGE OR OPERATION, AND
SUBSECTION (2) OF THIS SECTION APPLY ON AND AFTER THE EFFECTIVE DATE OF
THIS SUBSECTION (3) WHEN A PEACE OFFICER IS WEARING A BODY-WORN
CAMERA OR THE OFFICER'S VEHICLE IS EQUIPPED WITH A DASH CAMERA. IF A
PEACE OFFICER IS WEARING A BODY-WORN CAMERA OR THE OFFICER'S VEHICLE
IS EQUIPPED WITH A DASH CAMERA, THE REMAINING PORTIONS OF THIS SECTION
APPLY ON AND AFTER JULY 1, 2022. THIS SECTION DOES NOT REQUIRE A LAW
ENFORCEMENT AGENCY TO PROVIDE ITS LAW ENFORCEMENT OFFICERS WITH
BODY-WORN CAMERAS PRIOR TO JULY 1, 2023.".
Page 9, line 19, after "portion," insert "(2)(c)(I),".
Page 10, lines 19 through 21, strike "contacts, EXCEPT FOR CONTACTS BY A
PEACE OFFICER WHO IS WORKING UNDERCOVER OR CONTACTS THAT INVOLVE
INTERACTIONS IN A JAIL," and substitute "contacts".
Page 10, after line 22, insert:
"(I) The perceived demographic information of the person contacted
provided that the identification of these characteristics is based on the
observation and perception of the peace officer making the contact and other
available data; EXCEPT THAT THIS SUBSECTION (2)(c)(I) DOES NOT APPLY TO A
PERSON CONTACTED WHO IS A WITNESS TO A CRIME OR A SURVIVOR OF A
CRIME;".
Page 18, after line 1 insert:
"SECTION 8. In Colorado Revised Statutes, 18-1-707, amend (1) and
(3)(b) as follows:
18-1-707. Use of force by peace officers - definitions - repeal.
(1) Peace officers, in carrying out their duties, shall apply nonviolent means,
when possible, before resorting to the use of physical force. A peace officer may
use physical force only if nonviolent means would be ineffective in effecting an
arrest, preventing an escape, or preventing an imminent threat of serious bodily
injury or death to the peace officer or another person.
(3) A peace officer is justified in using deadly physical force to make
an arrest only when all other means of apprehension are unreasonable given the
circumstances and:
(b) The suspect poses an immediate threat OF DEATH OR SERIOUS
BODILY INJURY to the peace officer or another person;".
Renumber succeeding sections accordingly.
Page 25, strike lines 22 and 23 and substitute "defined in section 24-31-901 (3),
shall report to the peace officer's employing agency: AS DEFINED IN SECTION
24-31-901 (1), WHETHER CONSENSUAL OR NONCONSENSUAL, FOR MAKING A
CONTACT WITH A MEMBER OF THE PUBLIC FOR PURPOSES OF ENFORCING THE
LAW OR INVESTIGATING POSSIBLE VIOLATIONS OF THE LAW. AFTER MAKING A
CONTACT, A PEACE OFFICER, AS DEFINED IN SECTION 24-31-901 (3), SHALL
REPORT TO THE PEACE OFFICER'S EMPLOYING AGENCY:".
Page 28, after line 4, insert:
"SECTION 18. In Colorado Revised Statutes, 24-72-303, amend
(4)(a) as follows:
24-72-303. Records of official actions required - open to inspection
- applicability. (4) (a) Upon completion of an internal investigation, including
any appeals process, that examines the in-uniform or on-duty conduct of a peace
officer, as described in part 1 of article 2.5 of title 16, related to a specific,
identifiable AN incident of alleged misconduct involving a member of the
public, the entire investigation file, including the witness interviews, video and
audio recordings, transcripts, documentary evidence, investigative notes, and
final departmental decision is open for public inspection upon request; except
that the custodian may first provide the requester with a summary of the
investigation file and if, after reviewing the summary, the requester requests
access to the investigation file, the custodian shall provide access to the entire
investigation file subject to the provisions of subsections (4)(b), (4)(c), and
(4)(d) of this section.".
Renumber succeeding sections accordingly.
Page 29, strike lines 9 and 10.
Renumber succeeding section accordingly.
State,
Veterans, &
Military
Affairs
Senate Journal, June 7
HB21-1250 by Representative(s) Herod and Gonzales-Gutierrez; also Senator(s) Fields and Gardner--
Concerning measures to address law enforcement accountability, and, in connection
therewith, making an appropriation.
A majority of those elected to the Senate having voted in the affirmative, Senator Gardner
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.075), by Senator Fields and Gardner.
Amend revised bill, page 31, after line 5 insert:
"SECTION 21. In Colorado Revised Statutes, add 24-32-129 as
follows:
24-32-129. Best practices in policing study. (1) (a) THE DIVISION OF
LOCAL GOVERNMENT SHALL CONTRACT WITH A NATIONALLY RECOGNIZED
RESEARCH AND CONSULTING ENTITY THAT IS AN EXPERT IN DATA-DRIVEN,
EVIDENCE-BASED POLICING AND IS COMMUNITY-BASED FOR AN INDEPENDENT
STUDY TO ASSESS AND PROVIDE A REPORT AND FINDINGS ON EVIDENCED-BASED
POLICING NATIONAL BEST PRACTICES IN DEFINED AREAS OF STUDY. THE
CONSULTING ENTITY SHALL COMPLETE AN INTERIM STUDY NO LATER THAN
DECEMBER 30, 2021, AND THE FINAL STUDY NO LATER THAN JULY 1, 2022. THE
STUDY SHALL DETERMINE EVIDENCE-BASED BEST PRACTICES IN THE FOLLOWING
AREAS TO PROMOTE GREATER POLICING FAIRNESS, EQUITY, AND EFFECTIVENESS:
(I) USE OF FORCE STRATEGIES, STANDARDS, AND TRAINING THAT VALUE
THE SANCTITY OF HUMAN LIFE, PROMOTE DE-ESCALATION TACTICS, PROVIDE
CLARITY FOR OFFICERS, PROTECT COMMUNITIES, AND MINIMIZE HARM TO
OFFENDERS;
(II) CRIME AND COMMUNITY HARM REDUCTION STRATEGIES THAT
INCLUDE PROBLEM ANALYSIS OF HIGH-RISK PEOPLE AND PLACES AND RACIAL
AND ETHNIC BIAS IN POLICING WITH A FOCUS ON PREVENTION WHILE IMPROVING
SAFETY AND POLICE-COMMUNITY INTERACTIONS;
(III) INITIATIVES TO SAFELY INCREASE COMMUNITY RESPONSE IN LIEU
OF LAW ENFORCEMENT ENGAGEMENT FOR LOWER-LEVEL OFFENSES AND CALLS
FOR SERVICE;
(IV) STRATEGIES TO EFFECTIVELY MOVE LAW ENFORCEMENT AND THE
COMMUNITY FORWARD TOGETHER BY BUILDING A SHARED UNDERSTANDING
AND IDENTIFYING COMMON SOLUTIONS TO BETTER PROTECT OUR VULNERABLE
AND UNDERREPRESENTED COMMUNITIES, IN ADDITION TO THOSE SUFFERING
FROM MENTAL ILLNESS OR EXPERIENCING HOMELESSNESS THROUGH
NON-TRADITIONAL POLICING METHODOLOGIES;
(V) METHODS TO ENHANCE OFFICER RECEPTIVITY TO ENGAGE IN
EVIDENCE-BASED POLICING PRACTICES THAT INVOLVE HARM REDUCTION AND
REDUCE RELIANCE ON TRADITIONAL JUSTICE SYSTEM RESOURCES AND
PROCESSES;
(VI) INNOVATIVE APPROACHES TO OFFICER MENTAL HEALTH,
RECRUITMENT, AND RETENTION TO ADDRESS TRAUMA AND ENSURE OFFICER
PREPAREDNESS FOR COMMUNITY ENGAGEMENT; AND
(VII) ANALYSIS OF RECRUITMENT AND QUALIFICATION STANDARDS FOR
ENTRY-LEVEL POLICE OFFICER POSITIONS TO ATTRACT CANDIDATE POOLS WITH
DIVERSE PERSPECTIVES AND ONGOING TRAINING AND QUALIFICATION
REQUIREMENTS TO ENHANCE OFFICERS' WILLINGNESS TO ENGAGE IN JUSTICE
STRATEGIES EMBRACING COMMUNITY COLLABORATION WHILE ALSO
DECREASING AND IDENTIFYING SIGNS OF PROBLEMATIC BEHAVIORS.
(b) THE CONSULTING ENTITY MAY CONSULT WITH AND SEEK INPUT
FROM:
(I) NATIONAL ORGANIZATIONS OF SOCIAL AND CIVIL JUSTICE;
(II) COLORADO DISTRICT ATTORNEYS AND THE COLORADO DISTRICT
ATTORNEYS' COUNCIL;
(III) A STATEWIDE ORGANIZATION REPRESENTING MUNICIPALITIES;
(IV) A STATEWIDE ORGANIZATION REPRESENTING COUNTIES;
(V) NATIONAL ORGANIZATIONS REPRESENTING LAW ENFORCEMENT;
(VI) NATIONAL ORGANIZATIONS REPRESENTING LOCAL GOVERNMENTS;
AND
(VII) ANY OTHER ENTITIES OR ORGANIZATIONS THE CONSULTING
ENTITY DETERMINES ARE NECESSARY.
(c) (I) THE DIVISION SHALL RELAY ANY REFINED SCOPE OF WORK TO THE
CONSULTING ENTITY AND THE RECOMMENDED RESEARCH ENTITIES FROM THE
ADVISORY COMMITTEE AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION.
(II) THE DIVISION SHALL DEVELOP A REQUEST FOR PROPOSAL TO
CONTRACT WITH THE CONSULTING ENTITY, AWARD THE CONTRACT FOR THE
STUDY DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, AND OVERSEE THE
FULFILLMENT OF THE CONTRACT TERMS. THE DIVISION SHALL AWARD THE
CONTRACT NO LATER THAN THIRTY DAYS AFTER THE FINAL APPOINTMENT TO
THE ADVISORY COMMITTEE.
(III) THE DIVISION SHALL PROVIDE THE CONSULTING ENTITY'S INTERIM
AND FINAL STUDY FINDINGS TO THE HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES.
(2) (a) THE DIVISION SHALL CONVENE AN ADVISORY COMMITTEE FOR
THE STUDY. THE ADVISORY COMMITTEE SHALL CONSIST OF:
(I) THE FOLLOWING MEMBERS APPOINTED BY THE PRESIDENT OF THE
SENATE:
(A) A REPRESENTATIVE FROM A NON-PROFIT THAT IS AN ADVOCATE FOR
POLICING REFORM AND CIVIL LIBERTIES;
(B) A REPRESENTATIVE FROM A COMMUNITY-BASED CRIMINAL JUSTICE
ORGANIZATION;
(C) AN INDIVIDUAL NEGATIVELY IMPACTED BY THE CRIMINAL JUSTICE
SYSTEM OR LAW ENFORCEMENT;
(D) A REPRESENTATIVE WHO ADVOCATES FOR JUVENILE JUSTICE; AND
(E) ONE MEMBER OF THE SENATE;
(II) THE FOLLOWING REPRESENTATIVES APPOINTED BY THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES:
(A) A REPRESENTATIVE OF THE COUNTY SHERIFFS RECOMMENDED BY
THE DIRECTOR OF A STATEWIDE ORGANIZATION REPRESENTING SHERIFFS;
(B) A REPRESENTATIVE OF THE CHIEFS OF POLICE RECOMMENDED BY
THE PRESIDENT OF A STATEWIDE ORGANIZATION REPRESENTING THE CHIEFS OF
POLICE;
(C) A REPRESENTATIVE OF POLICE OFFICERS RECOMMENDED BY THE
PRESIDENT OF A STATEWIDE ORGANIZATION REPRESENTING POLICE OFFICERS;
AND
(D) A MEMBER OF THE HOUSE OF REPRESENTATIVES;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY,
OR HIS OR HER DESIGNEE;
(IV) ONE MEMBER OF THE SENATE APPOINTED BY THE SENATE
MINORITY LEADER; AND
(V) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES BY THE HOUSE
MINORITY LEADER.
(b) THE APPOINTING AUTHORITIES SHALL APPOINT THE MEMBERS OF THE
ADVISORY COMMITTEE NO LATER THAN TEN DAYS AFTER THE EFFECTIVE DATE
OF HOUSE BILL 21-1250.
(c) THE ADVISORY COMMITTEE SHALL SUBMIT TO THE DIVISION THE
NAMES OF THREE RESEARCH OR STUDY ORGANIZATIONS WELL VERSED IN
DATA-DRIVEN POLICING THAT THEY RECOMMEND BE REQUESTED TO SUBMIT
PROPOSALS TO CONDUCT THE STUDY NO LATER THAN TEN DAYS AFTER THE
FINAL APPOINTMENT TO THE ADVISORY COMMITTEE.
(d) THE ADVISORY COMMITTEE MAY REFINE THE SCOPE OF THE WORK
OF THE STUDY IF NECESSARY. THE CONSULTING AUTHORITY SHALL PROVIDE
PERIODIC UPDATES FROM THE STUDY ORGANIZATION OVER THE COURSE OF THE
STUDY ON THE PROGRESS AND INTERIM FINDINGS. THE ADVISORY COMMITTEE
MAY RESPOND TO THE PERIODIC UPDATES AS REQUESTED BY THE CONSULTING
AUTHORITY.
(e) ONCE THE INTERIM STUDY AND FINAL STUDY IS COMPLETED, THE
CONSULTING ENTITY SHALL PROVIDE THE DIVISION WITH ITS FINDINGS. THE
DIVISION SHALL PROVIDE THE ADVISORY COMMITTEE WITH THE INTERIM AND
FINAL STUDY FINDINGS. THE ADVISORY COMMITTEE SHALL REVIEW THE
FINDINGS AND DETERMINE WHETHER TO RECOMMEND LEGISLATIVE ACTION,
MAKE INTERNAL POLICY RECOMMENDATIONS TO LAW ENFORCEMENT ENTITIES,
AND ANY OTHER ACTIONS IT DEEMS APPROPRIATE.".
Renumber succeeding sections accordingly.
Page 33, after line 6 insert:
"(3) For the 2021-22 state fiscal year, $250,000 is appropriated to the
department of local affairs for use by the division of local government. This
appropriation is from the general fund. To implement this act, the division of
local government may use this appropriation for FTE and associated
administrative costs to implement section 24-32-129.".
The amendment was passed on the following roll call vote:
YES 32 NO 0 EXCUSED 3 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal Y Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan E Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer E Rodriguez Y President Y
Fields Y Kolker Y Scott E
A majority of those elected to the Senate having voted in the affirmative, Senator Gardner
was given permission to offer a third reading amendment.
Third Reading Amendment No. 2(L.084), by Senator Gardner.
Amend proposed floor amendment (HB1250_L.075), page 1, line 7, strike "AND
IS COMMUNITY-BASED" and substitute "THAT IS COMMUNITY-FOCUSED".
Page l, lines 20 and 21, strike "PLACES AND RACIAL AND ETHNIC BIAS" and
substitute "PLACES, CONSIDERING RACIAL AND ETHNIC BIAS".
Page 1, lines 23 and 24, strike "IN LIEU OF LAW ENFORCEMENT ENGAGEMENT".
The amendment was passed on the following roll call vote:
YES 32 NO 0 EXCUSED 3 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal Y Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan E Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer E Rodriguez Y President Y
Fields Y Kolker Y Scott E
A majority of those elected to the Senate having voted in the affirmative, Senator Fields
was given permission to offer a third reading amendment.
Third Reading Amendment No. 3(L.076), by Senator Fields and Gardner.
Amend revised bill, page 31, after line 5 insert:
"SECTION 21. In Colorado Revised Statutes, add 24-31-114 as
follows:
24-31-114. No-knock and forced entry study group - repeal. (1) ON
OR BEFORE SEPTEMBER 1, 2021, THE ATTORNEY GENERAL SHALL CONVENE A
STUDY GROUP TO STUDY PROCEDURES RELATED TO THE USE OF NO-KNOCK
ENTRY WARRANTS AND FORCED ENTRY.
(2) (a) THE STUDY GROUP CONSISTS OF TWELVE MEMBERS AS FOLLOWS:
(I) A REPRESENTATIVE OF THE DISTRICT ATTORNEYS APPOINTED BY THE
EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT ATTORNEYS' COUNCIL;
(II) A REPRESENTATIVE OF COUNTY SHERIFFS APPOINTED BY THE
DIRECTOR OF A STATEWIDE ORGANIZATION REPRESENTING SHERIFFS;
(III) A REPRESENTATIVE OF THE CHIEFS OF POLICE APPOINTED BY THE
PRESIDENT OF A STATEWIDE ORGANIZATION OF CHIEFS OF POLICE;
(IV) A REPRESENTATIVE OF POLICE OFFICERS APPOINTED BY THE
PRESIDENT OF A STATEWIDE ORGANIZATION REPRESENTING POLICE OFFICERS;
(V) THE STATE PUBLIC DEFENDER OR HIS OR HER DESIGNEE;
(VI) A CRIMINAL DEFENSE ATTORNEY APPOINTED BY A STATEWIDE
ORGANIZATION REPRESENTING CRIMINAL DEFENSE ATTORNEYS;
(VII) TWO REPRESENTATIVES OF STATEWIDE ORGANIZATIONS
ADVOCATING CRIMINAL JUSTICE OR SENTENCING REFORM APPOINTED BY THE
ATTORNEY GENERAL; AND
(VIII) FOUR LEGISLATIVE MEMBERS, ONE SENATOR APPOINTED BY THE
SENATE PRESIDENT; ONE SENATOR APPOINTED BY THE SENATE MINORITY
LEADER; ONE REPRESENTATIVE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES; AND ONE REPRESENTATIVE APPOINTED BY THE MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES.
(b) THE APPOINTING AUTHORITIES SHALL MAKE APPOINTMENTS NO
LATER THAN AUGUST 16, 2021.
(c) THE MEMBERS OF THE STUDY GROUP SHALL SERVE WITHOUT
COMPENSATION.
(3) THE STUDY GROUP SHALL:
(a) SURVEY EVIDENCE-BASED POLICY AND NATIONAL BEST PRACTICES
REGARDING PROCEDURES RELATED TO THE USE OF NO-KNOCK ENTRY WARRANTS
AND FORCED ENTRY;
(b) REVIEW THE EFFICACY OF THE USE OF NO-KNOCK ENTRY WARRANTS
AND FORCED ENTRY;
(c) SURVEY POLICIES AND PROCEDURES IN LAW ENFORCEMENT
AGENCIES THROUGHOUT THE STATE REGARDING THE USE OF NO-KNOCK ENTRY
WARRANTS AND FORCED ENTRY;
(d) GATHER STAKEHOLDER FEEDBACK REGARDING THE EXECUTION OF
SEARCH WARRANTS THROUGH NO KNOCK OR FORCED ENTRY.
(e) DEVELOP RECOMMENDATIONS FOR POTENTIAL STATE LEGISLATION
REGARDING PROCEDURES RELATED TO THE USE OF NO-KNOCK ENTRY WARRANTS
AND FORCED ENTRY.
(4) THE STUDY GROUP SHALL REPORT ITS FINDINGS AND
RECOMMENDATIONS TO THE ATTORNEY GENERAL ON OR BEFORE DECEMBER 31,
2021.
(5) THE ATTORNEY GENERAL SHALL INCLUDE THE STUDY GROUP'S
FINDINGS IN ITS ANNUAL REPORT BEFORE THE HOUSE OF REPRESENTATIVES AND
SENATE COMMITTEES OF REFERENCE PURSUANT TO SECTION 2-7-203 MADE
DURING THE 2022 LEGISLATIVE SESSION.
(6) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2022.".
Renumber succeeding subsections accordingly.
The amendment was passed on the following roll call vote:
YES 32 NO 0 EXCUSED 3 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal Y Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan E Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer E Rodriguez Y President Y
Fields Y Kolker Y Scott E
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 32 NO 0 EXCUSED 3 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal Y Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan E Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer E Rodriguez Y President Y
Fields Y Kolker Y Scott E