Amendments for SB20-217
Senate Journal, June 5
After consideration on the merits, the Committee recommends that SB20-217 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, strike lines 12 and 13 and substitute:
"(2) "PEACE OFFICER" MEANS ANY PERSON EMPLOYED BY A
POLITICAL SUBDIVISION OF THE STATE REQUIRED TO BE CERTIFIED BY THE
P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102 AND ANY
NONCERTIFIED DEPUTY SHERIFF AS DESCRIBED IN SECTION 16-2.5-103
(2).".
Page 3, line 17, strike "LOCAL".
Page 4, line 18, strike "ALL" and substitute "FOR ALL INCIDENTS IN
WHICH THERE IS AN ALLEGATION OF PEACE OFFICER MISCONDUCT, ALL".
Page 4, line 21, after the period add "ALL VIDEO AND AUDIO RECORDINGS
DEPICTING A DEATH MUST BE PROVIDED TO THE DECEDENT'S FAMILY AT
LEAST TWENTY-FOUR HOURS PRIOR TO PUBLIC DISCLOSURE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, IN THE
EVENT THAT THE VIDEO DEPICTS NUDITY OR OTHER HIGHLY PERSONAL
CIRCUMSTANCES, THE DEPARTMENT SHALL GIVE A CIVILIAN VICTIM THE
OPPORTUNITY TO HAVE INPUT ON APPROPRIATE REDACTIONS.".
Page 4, line 27, strike "STATE OR LOCAL".
Page 5, line 8, strike "OFFICER;" substitute "OFFICER AND OTHER
AVAILABLE DATA;".
Page 6, line 1, strike "STOP;" and substitute "STOP AND OTHER AVAILABLE
DATA;".
Page 7, line 4, after "PERCEPTION OF THE PEACE OFFICER" insert "AND
OTHER AVAILABLE DATA".
Page 7, line 5, strike "STATE AND LOCAL LAW" and substitute "LAW".
Page 8, line 12, strike "LOCAL".
Page 9, line 11, strike "THE PEACE OFFICER" and substitute "A PEACE
OFFICER WHO DOES NOT HAVE A SUBJECTIVE GOOD-FAITH BASIS THAT THE
OFFICER'S ACTIONS WERE LAWFUL AND THAT IT WAS OBJECTIVELY
REASONABLE FOR THE PEACE OFFICER TO HAVE THAT BELIEF".
Page 14, line 3, strike "STOP;" and substitute "STOP AND OTHER
AVAILABLE DATA;".
Strike "STATE AND LOCAL" on: Page 5, line 2; and Page 7, line 17.
Senate Journal, June 8
SB20-217 by Senator(s) Garcia and Fields, Fenberg, Williams A., Gonzales, Moreno, Rodriguez,
Bridges, Danielson, Donovan, Foote, Ginal, Hansen, Lee, Pettersen, Story, Todd, Winter,
Zenzinger; also Representative(s) Herod and Gonzales-Gutierrez, Garnett, Buckner,
Coleman, Exum, Jackson, Melton, Benavidez, Buentello, Caraveo, Duran, Jaquez Lewis,
Tipper, Valdez A., Valdez D., Arndt, Becker, Bird, Cutter, Esgar, Froelich, Gray, Hooton,
Kennedy, Kipp, Kraft-Tharp, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica,
Roberts, Singer, Sirota, Snyder, Sullivan, Titone, Weissman, Woodrow, Young--
Concerning measures to enhance law enforcement integrity.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, June 5, pages 691-692 and placed in members' bill files.)
Amendment No. 2(L.029), by Senator Priola.
Amend the State, Veterans & Military Affairs Committee Report, dated
June 4, 2020, page 2, strike lines 7 through 10 and substitute:
"Page 9, strike lines 7 through 20 and substitute:
"(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PEACE
OFFICER'S EMPLOYER SHALL INDEMNIFY ITS PEACE OFFICERS FOR ANY
LIABILITY INCURRED BY THE PEACE OFFICER AND FOR ANY JUDGMENT OR
SETTLEMENT ENTERED AGAINST THE PEACE OFFICER FOR CLAIMS ARISING
PURSUANT TO THIS SECTION; EXCEPT THAT IF THE PEACE OFFICER'S
EMPLOYER DETERMINES THAT THE OFFICER DID NOT ACT UPON A GOOD
FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THEN
THE PEACE OFFICER IS PERSONALLY LIABLE AND SHALL NOT BE
INDEMNIFIED BY THE PEACE OFFICER'S EMPLOYER FOR FIVE PERCENT OF
THE JUDGMENT OR SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS,
WHICHEVER IS LESS. NOTWITHSTANDING ANY PROVISION OF THIS SECTION
TO THE CONTRARY, IF THE PEACE OFFICER'S PORTION OF THE JUDGMENT
IS UNCOLLECTIBLE FROM THE PEACE OFFICER, THE PEACE OFFICER'S
EMPLOYER OR INSURANCE SHALL SATISFY THE FULL AMOUNT OF THE
JUDGMENT OR SETTLEMENT.".".
Amendment No. 3(L.084), by Senator Fields.
Amend printed bill, page 3, line 6, strike "SECTION," and substitute "PART
9,".
Page 6, lines 25 and 26, strike "ENTRY AS DESCRIBED IN SECTION
16-3-313," and substitute "ENTRY,".
Page 8, line 12, strike "OFFICER" and substitute "OFFICER, AS DEFINED IN
SECTION 24-31-901 (2),".
Amend the State, Veterans, & Military Affairs Committee Report, dated
June 4, 2020, page 1, line 4, strike "16.2.5-102" and substitute
"16-2.5-102, A COLORADO STATE PATROL OFFICER AS DESCRIBED IN
SECTION 16-2.5-114,".
Page 1 of the committee report, strike line 7 and substitute:
"Page 3, line 18, after "STATE" insert "AND THE COLORADO STATE
PATROL".".
Page 1 of the committee report, after line 17 insert:
"Page 5, line 2, strike "EACH STATE AND " and substitute "THE
COLORADO STATE PATROL AND EACH".".
Page 2 of the committee report, strike line 5 and substitute:
"Page 7, line 5, strike "STATE AND" and substitute "THE COLORADO
STATE PATROL AND".
Page 7, line 17, strike "ANY STATE AND" and substitute "THE COLORADO
STATE PATROL AND ANY".".
Page 2 of the committee report, strike line 6.
Page 2 of the committee report, strike line 13.
Amendment No. 4(L.074), by Senator Fields.
Amend printed bill, page 4, line 23, strike "JULY 1, 2021," and substitute
"JULY 1, 2023,".
Page 4, line 25, strike "ATTORNEY GENERAL" and substitute "DIVISION".
Page 5, line 2, strike "EACH" and substitute "BEGINNING JANUARY 1,
2023, EACH".
Page 5, line 3, strike "ATTORNEY GENERAL:" and substitute "DIVISION OF
CRIMINAL JUSTICE:".
Page 15, strike lines 19 through 27.
Page 16, strike lines 1 through 12.
Renumber succeeding sections accordingly.
Amendment No. 5(L.085), by Senator Garcia.
Amend printed bill, page 3, after line 7 insert:
"(1) "CONTACTS" MEANS AN INTERACTION WITH AN INDIVIDUAL,
WHETHER OR NOT THE PERSON IS IN A MOTOR VEHICLE, INITIATED BY A
PEACE OFFICER, WHETHER CONSENSUAL OR NONCONSENSUAL, FOR THE
PURPOSE OF ENFORCING THE LAW OR INVESTIGATING POSSIBLE
VIOLATIONS OF THE LAW. "CONTACTS" DO NOT INCLUDE ROUTINE
INTERACTIONS WITH THE PUBLIC AT THE POINT OF ENTRY OR EXIT FROM
A CONTROLLED AREA.".
Renumber succeeding subsections accordingly.
Page 5, line 24, strike "STOPS" and substitute "CONTACTS".
Page 13, line 26, strike "STOP." and substitute "CONTACT, WHETHER
CONSENSUAL OR NONCONSENSUAL, FOR THE PURPOSE OF ENFORCING THE
LAW OR INVESTIGATING POSSIBLE VIOLATIONS OF THE LAW.".
Page 15, line 9, strike "STOP." and substitute "CONTACT.".
Strike "STOPPED" and substitute "CONTACTED"on: Page 5, line 27; Page
7, line 8; and Page 14, line 2.
Strike "STOP;" and substitute "CONTACT;" on: Page 6, lines 1, 3, 4, and
5; and Page 14, lines 3, 5, 6, and 7.
Strike the first "STOP" and substitute "CONTACT" on: Page 6, lines 2 and
13; and Page 14, lines 4 and 15.
Strike "STOP," and substitute "CONTACT," on: Page 6, lines 7 and 16;
Page 13, line 26; and Page 14, lines 9 and 17.
Amendment No. 6(L.080), by Senator Garcia.
Amend printed bill, page 3, strike lines 8 through 11 and substitute:
"(1) "DEMOGRAPHIC INFORMATION" MEANS RACE, ETHNICITY,
SEX, AND APPROXIMATE AGE.".
Amend the State, Veterans, & Military Affairs Committee Report, dated
June 4, 2020, Page 1, strike lines 18 and 19 and substitute:
"Page 5 of the bill, strike lines 7 and 8 and substitute:
"(II) THE PERCEIVED DEMOGRAPHIC OF THE PERSON STOPPED,
PROVIDED THAT THE IDENTIFICATION OF THESE CHARACTERISTICS IS
BASED ON THE OBSERVATION AND PERCEPTION OF THE PEACE OFFICER
MAKING THE STOP AND OTHER AVAILABLE DATA.".
Page 5 of the bill, strike lines 26 and 27 and substitute:
"(I) THE PERCEIVED DEMOGRAPHIC OF THE PERSON STOPPED,
PROVIDED THAT THE IDENTIFICATION OF THESE CHARACTERISTICS IS
BASED ON THE OBSERVATION AND PERCEPTION OF THE PEACE OFFICER
MAKING THE STOP AND OTHER AVAILABLE DATA.".
Page 6 of the bill, strike line 1.
Page 7 of the bill, strike lines 2 through 4 and substitute:
"(II) THE PERCEIVED DEMOGRAPHIC OF THE SUBJECT OF THE
UNANNOUNCED ENTRY, PROVIDED THAT THE IDENTIFICATION OF THESE
CHARACTERISTICS IS BASED ON THE OBSERVATION AND PERCEPTION OF
THE PEACE OFFICER MAKING THE STOP AND OTHER AVAILABLE DATA.".".
Page 2 of the committee report, strike lines 1 through 4.
Page 2 of the committee report, strike lines 11 and 12 and substitute:
"Page 14, strike lines 1 through 3 and substitute:
"(a) THE PERCEIVED DEMOGRAPHIC OF THE PERSON STOPPED,
PROVIDED THAT THE IDENTIFICATION OF THESE CHARACTERISTICS IS
BASED ON THE OBSERVATION AND PERCEPTION OF THE PEACE OFFICER
MAKING THE STOP AND OTHER AVAILABLE DATA.".".
Amendment No. 7(L.086), by Senator Garcia.
Amend printed bill, page 6, line 25, after "ENTRY" insert "INTO A
RESIDENCE, WITH OR WITHOUT A WARRANT,".
Page 7, lines 21 and 22, strike "Terminate peace officer employment
after conviction." and substitute "Revoke peace officer certification
after conviction.".
Page 7, line 24, strike "ANY INAPPROPRIATE USE OF PHYSICAL FORCE, OR".
Page 7, line 26, strike "INAPPROPRIATE" and substitute "UNLAWFUL".
Page 8, lines 1 and 2, strike "THE PEACE OFFICER'S EMPLOYING AGENCY
SHALL IMMEDIATELY TERMINATE THE PEACE OFFICER'S EMPLOYMENT
AND".
Page 8, line 6, strike "OFFICER." and substitute "OFFICER UNLESS THE
PEACE OFFICER IS EXONERATED BY A COURT.".
Page 12, line 22, strike "TO" and substitute "BEGINNING ON JANUARY 1,
2022, TO".
Page 13, line 15, after the period add "BEFORE FILING SUIT, THE
ATTORNEY GENERAL SHALL NOTIFY THE GOVERNMENT AUTHORITY OR
ANY AGENT THEREOF, AND PROVIDE IT WITH THE FACTUAL BASIS THAT
SUPPORTS HIS OR HER REASONABLE CAUSE TO BELIEVE A VIOLATION
OCCURRED. UPON RECEIPT OF THE FACTUAL BASIS, THE GOVERNMENT
AUTHORITY, OR ANY AGENT THEREOF, HAS SIXTY DAYS TO CHANGE OR
ELIMINATE THE IDENTIFIED PATTERN OR PRACTICE. IF THE IDENTIFIED
PATTERN OR PRACTICE IS NOT CHANGED OR ELIMINATED AFTER SIXTY
DAYS, THE ATTORNEY GENERAL MAY FILE A CIVIL LAWSUIT.".
Page 13, line 21, after "BOARD." add "PRIOR TO REVOKING THE PEACE
OFFICER'S CERTIFICATION, THE P.O.S.T. BOARD SHALL NOTIFY THE PEACE
OFFICER OF HIS OR HER FAILURE TO COMPLETE THE TRAINING REQUIRED
BY THE P.O.S.T. BOARD AND GIVE THE PEACE OFFICER THIRTY CALENDAR
DAYS TO SATISFACTORILY COMPLETE THE PEACE OFFICER TRAINING
REQUIRED BY THE P.O.S.T. BOARD.".
Page 13, line 25, strike "AN OBJECTIVE JUSTIFICATION" and substitute "A
LEGAL BASIS".
Page 16, line 9, after "CONDUCT," insert "ON AN ANNUAL BASIS,".
Amendment No. 8(L.037), by Senator Fields.
Amend printed bill, page 9, after line 20 insert:
"(5) A CIVIL ACTION PURSUANT TO THIS SECTION MUST BE
COMMENCED WITHIN TWO YEARS AFTER THE CAUSE OF ACTION
ACCRUES.".
Amendment No. 9(L.082), by Senator Foote.
Amend printed bill, page 3, strike lines 16 though 18 and substitute:
"24-31-902. Incident recordings - release - tampering - fine.
(1) (a) (I) BY JULY 1, 2023, ALL LOCAL LAW ENFORCEMENT AGENCIES IN
THE STATE AND THE COLORADO STATE PATROL SHALL PROVIDE
BODY-WORN CAMERAS FOR EACH MEMBER OF THE LAW ENFORCEMENT
AGENCY WHO INTERACTS WITH MEMBERS OF THE PUBLIC. LAW
ENFORCEMENT AGENCIES MAY SEEK FUNDING PURSUANT TO SECTION
24-33.5-519.
(II) (A) EXCEPT AS PROVIDED IN SUBSECTION (1)(a)(II)(B) OR
(1)(a)(II)(C) OF THIS SECTION, A PEACE OFFICER SHALL WEAR AND
ACTIVATE A BODY-WORN CAMERA WHEN RESPONDING TO A CALL FOR
SERVICE OR DURING ANY INTERACTION WITH THE PUBLIC INITIATED BY
THE PEACE OFFICER, WHETHER CONSENSUAL OR NONCONSENSUAL, FOR
THE PURPOSE OF ENFORCING THE LAW OR INVESTIGATING POSSIBLE
VIOLATIONS OF THE LAW.
(B) A PEACE OFFICER MAY TURN OFF A BODY-WORN CAMERA TO
AVOID RECORDING PERSONAL INFORMATION THAT IS NOT CASE RELATED;
WHEN WORKING ON AN UNRELATED ASSIGNMENT; WHEN THERE IS A LONG
BREAK IN THE INCIDENT OR CONTACT THAT IS NOT RELATED TO THE
INITIAL INCIDENT; AND IN ADMINISTRATIVE, TACTICAL, AND
MANAGEMENT DISCUSSIONS.
(C) A PEACE OFFICER DOES NOT NEED TO WEAR OR ACTIVATE A
BODY-WORN CAMERA IF THE PEACE OFFICER IS WORKING UNDERCOVER.
(III) IF A PEACE OFFICER FAILS TO ACTIVATE A BODY-WORN
CAMERA AS REQUIRED BY THIS SECTION OR TAMPERS WITH BODY-WORN-
OR DASH-CAMERA FOOTAGE OR OPERATION WHEN REQUIRED TO ACTIVATE
THE CAMERA, THERE IS A PERMISSIVE INFERENCE IN ANY INVESTIGATION
OR LEGAL PROCEEDING, EXCLUDING CRIMINAL PROCEEDINGS AGAINST
THE PEACE OFFICER, THAT THE MISSING FOOTAGE WOULD HAVE
REFLECTED MISCONDUCT BY THE PEACE OFFICER. IF A PEACE OFFICER
FAILS TO ACTIVATE OR REACTIVATE HIS OR HER BODY-WORN CAMERA,
ANY STATEMENTS SOUGHT TO BE INTRODUCED IN A PROSECUTION
THROUGH THE PEACE OFFICER RELATED TO THE INCIDENT THAT WERE NOT
RECORDED DUE TO THE PEACE OFFICER'S FAILURE TO ACTIVATE OR
REACTIVATE THE BODY-WORN CAMERA AS REQUIRED BY THIS SECTION
ARE PRESUMPTIVELY INADMISSIBLE.
(IV) (A) IN ADDITION TO ANY CRIMINAL LIABILITY AND PENALTY
UNDER THE LAW, IF A COURT, ADMINISTRATIVE LAW JUDGE, OR THROUGH
A FINAL DECISION IN AN INTERNAL INVESTIGATION FINDS THAT A PEACE
OFFICER INTENTIONALLY FAILED TO ACTIVATE A BODY-WORN CAMERA OR
TAMPERED WITH ANY BODY-WORN OR DASH CAMERA, EXCEPT AS
PERMITTED IN THIS SECTION, THE PEACE OFFICER'S EMPLOYER SHALL
IMPOSE DISCIPLINE UP TO AND INCLUDING TERMINATION.
(B) IN ADDITION TO ANY CRIMINAL LIABILITY AND PENALTY
UNDER THE LAW, IF A COURT, ADMINISTRATIVE LAW JUDGE, OR THROUGH
A FINAL DECISION IN AN INTERNAL INVESTIGATION FINDS THAT A PEACE
OFFICER INTENTIONALLY FAILED TO ACTIVATE A BODY-WORN CAMERA OR
TAMPERED WITH ANY BODY-WORN OR DASH CAMERA, EXCEPT AS
PERMITTED IN THIS SECTION, WITH THE INTENT TO CONCEAL UNLAWFUL
OR INAPPROPRIATE ACTIONS OR OBSTRUCT JUSTICE, THE P.O.S.T. BOARD
SHALL SUSPEND THE PEACE OFFICER'S CERTIFICATION FOR A PERIOD OF
NOT LESS THAN ONE YEAR AND THE SUSPENSION MAY ONLY BE LIFTED
WITHIN THE PERIOD OF THE SUSPENSION IF THE PEACE OFFICER IS
EXONERATED BY A COURT.
(C) IN ADDITION TO ANY CRIMINAL LIABILITY AND PENALTY
UNDER THE LAW, IF A COURT, ADMINISTRATIVE LAW JUDGE, OR THROUGH
A FINAL DECISION IN AN INTERNAL INVESTIGATION FINDS THAT A PEACE
OFFICER INTENTIONALLY FAILED TO ACTIVATE A BODY-WORN CAMERA OR
TAMPERED WITH ANY BODY-WORN OR DASH CAMERA, EXCEPT AS
PERMITTED IN THIS SECTION, WITH THE INTENT TO CONCEAL UNLAWFUL
OR INAPPROPRIATE ACTIONS, OR OBSTRUCT JUSTICE, IN AN INCIDENT
RESULTING IN A CIVILIAN DEATH, THE P.O.S.T. BOARD SHALL
PERMANENTLY REVOKE THE PEACE OFFICER'S CERTIFICATION AND THE
REVOCATION MAY ONLY BE OVERTURNED IF THE PEACE OFFICER IS
EXONERATED BY A COURT.
(b) A LOCAL LAW ENFORCEMENT AGENCY AND THE COLORADO
STATE PATROL SHALL ESTABLISH AND FOLLOW A RETENTION SCHEDULE
FOR BODY-WORN CAMERA RECORDINGS IN COMPLIANCE WITH COLORADO
STATE ARCHIVES RULES AND DIRECTION.
(2) (a) FOR ALL INCIDENTS IN WHICH THERE IS A COMPLAINT OF
PEACE OFFICER MISCONDUCT BY ANOTHER PEACE OFFICER, A CIVILIAN, OR
NONPROFIT ORGANIZATION, THROUGH NOTICE TO THE LAW ENFORCEMENT
AGENCY INVOLVED IN THE ALLEGED MISCONDUCT, THE LOCAL LAW
ENFORCEMENT AGENCY OR THE COLORADO STATE PATROL SHALL
RELEASE ALL UNEDITED VIDEO AND AUDIO RECORDINGS OF THE INCIDENT,
INCLUDING THOSE FROM BODY-WORN CAMERAS, DASH CAMERAS, OR
OTHERWISE COLLECTED THROUGH INVESTIGATION, TO THE PUBLIC WITHIN
TWENTY-ONE DAYS AFTER THE LOCAL LAW ENFORCEMENT AGENCY OR
THE COLORADO STATE PATROL RECEIVED THE COMPLAINT OF
MISCONDUCT.
(b) (I) ALL VIDEO AND AUDIO RECORDINGS DEPICTING A DEATH
MUST BE PROVIDED TO THE DECEDENT'S FAMILY AT LEAST TWENTY-FOUR
HOURS PRIOR TO PUBLIC DISCLOSURE.
(II) (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, ANY VIDEO THAT RAISES SUBSTANTIAL PRIVACY CONCERNS FOR
CRIMINAL DEFENDANTS, VICTIMS, WITNESSES, JUVENILES, OR
INFORMANTS, INCLUDING VIDEO DEPICTING NUDITY; A SEXUAL ASSAULT;
A MEDICAL EMERGENCY; A MENTAL HEALTH CRISIS; A VICTIM INTERVIEW;
A MINOR, INCLUDING ANY IMAGES OR INFORMATION THAT MIGHT
UNDERMINE THE REQUIREMENT TO KEEP CERTAIN JUVENILE RECORDS
CONFIDENTIAL; ANY PERSONAL INFORMATION OTHER THAN THE NAME OR
LICENSE PLATE OF ANY PERSON NOT ARRESTED, CITED, CHARGED, OR
ISSUED A WRITTEN WARNING, INCLUDING A GOVERNMENT-ISSUED
IDENTIFICATION NUMBER, DATE OF BIRTH, ADDRESS, OR FINANCIAL
INFORMATION; SIGNIFICANTLY EXPLICIT AND GRUESOME BODILY INJURY,
UNLESS THE INJURY WAS CAUSED BY A PEACE OFFICER; OR THE INTERIOR
OF A HOME OR TREATMENT FACILITY, SHALL BE REDACTED OR BLURRED
TO PROTECT THE SUBSTANTIAL PRIVACY INTEREST WHILE STILL ALLOWING
PUBLIC RELEASE.
(B) IF REDACTION OR BLURRING IS INSUFFICIENT TO PROTECT THE
SUBSTANTIAL PRIVACY INTEREST, THE LOCAL LAW ENFORCEMENT
AGENCY OR THE COLORADO STATE PATROL SHALL RELEASE THE VIDEO TO
THE VICTIM OR, IF THE VICTIM IS DECEASED, TO THE VICTIM'S FAMILY
WITHIN TWENTY DAYS AFTER RECEIPT OF THE COMPLAINT OF
MISCONDUCT.
(C) A WITNESS, VICTIM, OR CRIMINAL DEFENDANT MAY WAIVE IN
WRITING THE INDIVIDUAL PRIVACY INTEREST THAT MAY BE IMPLICATED
BY PUBLIC RELEASE. UPON RECEIPT OF A WRITTEN WAIVER OF THE
APPLICABLE PRIVACY INTEREST, ACCOMPANIED BY A REQUEST FOR
RELEASE, THE LAW ENFORCEMENT AGENCY MAY NOT REDACT OR
WITHHOLD RELEASE TO PROTECT THAT PRIVACY INTEREST.
(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 THIRTY DAYS FROM THE DATE OF THE
ALLEGATION OF MISCONDUCT. 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.
(c) IF CRIMINAL CHARGES HAVE BEEN FILED AGAINST ANY PARTY
TO THE INCIDENT, THAT PARTY MUST FILE ANY CONSTITUTIONAL
OBJECTION TO RELEASE OF THE RECORDING IN THE PENDING CRIMINAL
CASE BEFORE THE TWENTY-ONE-DAY PERIOD EXPIRES. THE COURT SHALL
HOLD A HEARING ON ANY OBJECTION NO LATER THAN SEVEN DAYS AFTER
IT IS FILED AND ISSUE A RULING NO LATER THAN THREE DAYS AFTER THE
HEARING.".
Page 4, strike lines 1 through 21.
Amend the State, Veterans, & Military Affairs Committee Report, dated
June 4, 2020, page 1, strike lines 7 through 16.
Amendment No. 10(L.091), by Senator Cooke.
Amend Foote floor amendment (SB217_L.082), page 1, line 36, after the
period insert "NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS
SUBSECTION (1)(a)(III) DOES NOT APPLY IF THE BODY-WORN CAMERA WAS
NOT ACTIVATED DUE TO A MALFUNCTION OF THE BODY-WORN CAMERA
AND THE PEACE OFFICER WAS NOT AWARE OF THE MALFUNCTION PRIOR TO
THE INCIDENT.".
Amendment No. 11(L.089), by Senator Gardner.
Amend printed bill, page 8, strike lines 22 through 24 and substitute:
"(b) QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY
PURSUANT TO THIS SECTION.".
Amendment No. 12(L.076), by Senator Gonzales.
Amend printed bill, page 8, after line 8, insert:
"24-31-905. Prohibited law enforcement action in response to
protests. (1) IN RESPONSE TO A PROTEST OR DEMONSTRATION, A LAW
ENFORCEMENT AGENCY AND ANY PERSON ACTING ON BEHALF OF THE LAW
ENFORCEMENT AGENCY SHALL NOT:
(a) DISCHARGE KINETIC IMPACT PROJECTILES AND ALL OTHER
NON- OR LESS-LETHAL PROJECTILES IN A MANNER THAT TARGETS THE
HEAD, PELVIS, OR BACK;
(b) DISCHARGE KINETIC IMPACT PROJECTILES INDISCRIMINATELY
INTO A CROWD; OR
(c) USE CHEMICAL AGENTS OR IRRITANTS, INCLUDING PEPPER
SPRAY AND TEAR GAS, PRIOR TO ISSUING AN ORDER TO DISPERSE IN A
SUFFICIENT MANNER TO ENSURE THE ORDER IS HEARD AND REPEATED IF
NECESSARY, FOLLOWED BY SUFFICIENT TIME AND SPACE TO ALLOW
COMPLIANCE WITH THE ORDER.".
Amendment No. 13(L.090), by Senator Foote.
Amend printed bill, page 7, lines 25 and 26, strike "OR FOR FAILING TO
INTERVENE TO PREVENT INAPPROPRIATE USE OF PHYSICAL FORCE,".
Page 9, strike lines 21 through 27 and substitute:
"SECTION 3. In Colorado Revised Statutes, 18-1-707, repeal
and reenact, with amendments, (1), (2), (2.5), (3), and (4); and add
(4.5) as follows:
18-1-707. Use of force by peace officers - definition. (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.
(2) WHEN PHYSICAL FORCE IS USED, A PEACE OFFICER SHALL:
(a) NOT USE DEADLY PHYSICAL FORCE TO APPREHEND A PERSON
WHO IS SUSPECTED OF ONLY A MINOR OR NONVIOLENT OFFENSE;
(b) USE ONLY A DEGREE OF FORCE CONSISTENT WITH THE
MINIMIZATION OF INJURY TO OTHERS;
(c) ENSURE THAT ASSISTANCE AND MEDICAL AID ARE RENDERED
TO ANY INJURED OR AFFECTED PERSONS AS SOON AS PRACTICABLE; AND
(d) ENSURE THAT ANY IDENTIFIED RELATIVES OR NEXT OF KIN OF
PERSONS WHO HAVE SUSTAINED SERIOUS BODILY INJURY OR DEATH ARE
NOTIFIED AS SOON AS PRACTICABLE.
(2.5) (a) A PEACE OFFICER IS PROHIBITED FROM USING A
CHOKEHOLD UPON ANOTHER PERSON.
(b) FOR THE PURPOSES OF THIS SUBSECTION (2.5), "CHOKEHOLD"
MEANS A METHOD BY WHICH A PERSON APPLIES SUFFICIENT PRESSURE TO
A PERSON TO MAKE BREATHING DIFFICULT OR IMPOSSIBLE AND INCLUDES
BUT IS NOT LIMITED TO ANY PRESSURE TO THE NECK, THROAT, OR
WINDPIPE THAT MAY PREVENT OR HINDER BREATHING OR REDUCE INTAKE
OF AIR.
(3) A PEACE OFFICER IS JUSTIFIED IN USING DEADLY PHYSICAL
FORCE TO MAKE AN ARREST ONLY WHEN ALL OTHER MEANS OF
APPREHENSION ARE IMPRACTICAL GIVEN THE CIRCUMSTANCES AND:
(a) THE ARREST IS FOR A FELONY INVOLVING CONDUCT INCLUDING
THE USE OR THREATENED USE OF DEADLY PHYSICAL FORCE;
(b) THERE IS SUBSTANTIAL RISK THAT THE PERSON TO BE
ARRESTED WILL CAUSE DEATH OR SERIOUS BODILY INJURY IF HIS OR HER
APPREHENSION IS DELAYED; AND
(c) THE FORCE EMPLOYED DOES NOT CREATE A SUBSTANTIAL RISK
OF INJURY TO INNOCENT PERSONS.
(4) A PEACE OFFICER SHALL IDENTIFY HIMSELF OR HERSELF AS A
PEACE OFFICER AND GIVE A CLEAR VERBAL WARNING OF HIS OR HER
INTENT TO USE FIREARMS OR OTHER DEADLY PHYSICAL FORCE, WITH
SUFFICIENT TIME FOR THE WARNING TO BE OBSERVED, UNLESS TO DO SO
WOULD UNDULY PLACE PEACE OFFICERS AT RISK OF INJURY, WOULD
CREATE A RISK OF DEATH OR INJURY TO OTHER PERSONS, OR WOULD BE
CLEARLY INAPPROPRIATE OR INEFFECTIVE UNDER THE CIRCUMSTANCES.
(4.5) THE DEFENSES IN SECTIONS 18-1-703 THROUGH 18-1-706.5
APPLY TO CIRCUMSTANCES DESCRIBED IN THIS SECTION.
SECTION 4. In Colorado Revised Statutes, 18-8-802, add (1.5)
as follows:
18-8-802. Duty to report use of force by peace officers.
(1.5) (a) A PEACE OFFICER SHALL INTERVENE TO PREVENT OR STOP
ANOTHER PEACE OFFICER FROM USING PHYSICAL FORCE THAT EXCEEDS
THE DEGREE OF FORCE PERMITTED, IF ANY, BY SECTION 18-1-707, IN
PURSUANCE OF THE OTHER PEACE OFFICER'S LAW ENFORCEMENT DUTIES
IN CARRYING OUT AN ARREST OF ANY PERSON, PLACING ANY PERSON
UNDER DETENTION, TAKING ANY PERSON INTO CUSTODY, BOOKING ANY
PERSON, OR IN THE PROCESS OF CROWD CONTROL OR RIOT CONTROL,
WITHOUT REGARD FOR CHAIN OF COMMAND.
(b) (I) A PEACE OFFICER WHO INTERVENES AS REQUIRED BY
SUBSECTION (1.5) (a) OF THIS SECTION SHALL REPORT THE INTERVENTION
TO HIS OR HER IMMEDIATE SUPERVISOR.
(II) AT A MINIMUM, THE REPORT REQUIRED BY THIS SUBSECTION
(1.5)(b) MUST INCLUDE THE DATE, TIME, AND PLACE OF THE OCCURRENCE;
THE IDENTITY, IF KNOWN, AND DESCRIPTION OF THE PARTICIPANTS; AND
A DESCRIPTION OF THE INTERVENTION ACTIONS TAKEN. THIS REPORT
SHALL BE MADE IN WRITING WITHIN TEN DAYS OF THE OCCURRENCE OF
THE USE OF SUCH FORCE AND SHALL BE APPENDED TO ALL OTHER REPORTS
OF THE INCIDENT.
(c) A MEMBER OF A LAW ENFORCEMENT AGENCY SHALL NOT
DISCIPLINE OR RETALIATE IN ANY WAY AGAINST A PEACE OFFICER FOR
INTERVENING AS REQUIRED BY SUBSECTION (1.5) (a) OF THIS SECTION, OR
FOR REPORTING UNCONSTITUTIONAL CONDUCT, OR FOR FAILING TO
FOLLOW WHAT THE OFFICER REASONABLY BELIEVES IS AN
UNCONSTITUTIONAL DIRECTIVE.
(d) IN ADDITION TO ANY CRIMINAL LIABILITY AND PENALTY
UNDER THE LAW, WHEN A COURT, ADMINISTRATIVE LAW JUDGE, OR
INTERNAL INVESTIGATION FINDS THAT A PEACE OFFICER FAILED TO
INTERVENE AS REQUIRED BY SUBSECTION (1.5)(a) OF THIS SECTION IN AN
INCIDENT RESULTING IN SERIOUS BODILY INJURY OR DEATH TO ANY
PERSON, THE PEACE OFFICER'S EMPLOYER SHALL SUBJECT THE PEACE
OFFICER TO DISCIPLINE, UP TO AND INCLUDING TERMINATION, AND THE
P.O.S.T. BOARD SHALL PERMANENTLY DECERTIFY THE PEACE OFFICER
UPON RECEIPT OF NOTICE OF THE PEACE OFFICER'S DISCIPLINE. THE PEACE
OFFICER MAY ONLY BE RECERTIFIED IF FOUND NOT GUILTY.".
Strike pages 10 and 11.
Page 12, strike lines 1 through 7.
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, June 9
SB20-217 by Senator(s) Garcia and Fields, Fenberg, Williams A., Gonzales, Moreno, Rodriguez,
Bridges, Danielson, Donovan, Foote, Ginal, Hansen, Lee, Pettersen, Story, Todd, Winter,
Zenzinger; also Representative(s) Herod and Gonzales-Gutierrez, Garnett, Buckner,
Coleman, Exum, Jackson, Melton, Benavidez, Buentello, Caraveo, Duran, Jaquez Lewis,
Tipper, Valdez A., Valdez D., Arndt, Becker, Bird, Cutter, Esgar, Froelich, Gray, Hooton,
Kennedy, Kipp, Kraft-Tharp, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica,
Roberts, Singer, Sirota, Snyder, Sullivan, Titone, Weissman, Woodrow, Young--
Concerning measures to enhance law enforcement integrity.
A majority of those elected to the Senate having voted in the affirmative, Senator Garcia
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.094), by Senator Garcia.
Amend engrossed bill, page 9, line 11, strike "STOPPED," and substitute
"CONTACTED,".
Page 9, line 14, strike "STOP" and substitute "CONTACT" and change the
period to a semi-colon.
Page 10, line 8, strike "STOP" and substitute "CONTACT" and change the
period to a semi-colon.
Page 11, line 12, strike "STOP" and substitute "ENTRY" and change the
period to a semi-colon.
Page 11, line 13, after "AND" insert "LOCAL".
Page 19, line 27, strike "STOPPED," and substitute "CONTACTED,".
Page 20, line 3, strike "STOP" and substitute "CONTACT" and change the
period to a semi-colon.
The amendment was passed on the following roll call vote:
YES 33 NO 0 EXCUSED 2 ABSENT 0
Bridges Y Gardner Y Marble E Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson E Hill Y Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 32 NO 1 EXCUSED 2 ABSENT 0
Bridges Y Gardner Y Marble E Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson E Hill Y Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg N