Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes police officers the ability to appeal their inclusion in the POST Board's conduct database and gives the board the power to remove officers from the database or revoke their certification if it sees fit in Colorado.

Highlights:

• Establishes that Law enforcement is required to report to the Peace Officers Standards and Training Board (P.O.S.T. board) certain information related to peace officer conduct for inclusion in a searchable database (Sec. 1-9).

• Requires the head of the law enforcement agency providing the report to certify the accuracy of the information in the report (Sec. 1-9).

• Specifies that the agency providing the report shall provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database upon request of the P.O.S.T. board (Sec. 1-9).

• Specifies that if a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records and if the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena (Sec. 1-9).

• Prohibits the P.O.S.T. board from including information in the database if the information is received from an agency that does not employ or has not employed the subject of the information (Sec. 1-9).

• Specifies that if an agency fails to report the information, the agency is subject to a fine (Sec. 1-9).

• Specifies that a peace officer who is included in the searchable database can appeal the officer's inclusion in the database (Sec. 1-9).

• Specifies that when a peace officer is added to the database, the P.O.S.T. board shall provide the peace officer with information about how to appeal that action on its website (Sec. 1-9).

• Requires the peace officer's disciplining law enforcement agency to provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database (Sec. 1-9).

• Establishes that if a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records (Sec. 1-9).

• Specifies that if the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena (Sec. 1-9).

• Authorize the P.O.S.T. board to remove entries from the database that are in error (Sec. 1-9).

• Authorizes P.O.S.T. board the discretion to permanently revoke a peace officer's certification and record that information in the database if the officer is found civilly liable for the use of unlawful physical force or is found civilly liable for failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person (Sec. 1-9).

• Specifies that if a law enforcement agency is investigating a peace officer for an incident that could result in a database report, the law enforcement agency shall inform the peace officer of the agency's duty to report that information and the consequences of the reporting (Sec. 1-9).

• prohibits a law enforcement agency from agreeing to a settlement with a peace officer that includes the agency agreeing not to report the information to the database (Sec. ).

• requires a law enforcement agency to provide a peace officer's personnel records when they receive a waiver for the records to another law enforcement agency that is considering employing the peace officer (Sec. 1-9).

• Specifies that a law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the records shall report that fact to the P.O.S.T. board. The P.O.S.T. board may contact the agency, and if the agency does not provide the disclosure within 6 calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for one year, and the agency may be subject to fines (Sec. 1-9).

• Authorizes an individual to maintain their P.O.S.T. certification if they are not working as a peace officer but are working for a law enforcement agency in a non-peace-officer role and they maintain the annual P.O.S.T. board training requirements (Sec. 1-9).

• Specifies that the provisions of this bill declare an emergency and shall take effect immediately upon passage and approval by the Governor (Sec. 10).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes police officers the ability to appeal their inclusion in the POST Board's conduct database and gives the board the power to remove officers from the database or revoke their certification if it sees fit in Colorado.

Highlights:

• Establishes that Law enforcement is required to report to the Peace Officers Standards and Training Board (P.O.S.T. board) certain information related to peace officer conduct for inclusion in a searchable database (Sec. 1-9).

• Requires the head of the law enforcement agency providing the report to certify the accuracy of the information in the report (Sec. 1-9).

• Specifies that the agency providing the report shall provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database upon request of the P.O.S.T. board (Sec. 1-9).

• Specifies that if a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records and if the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena (Sec. 1-9).

• Prohibits the P.O.S.T. board from including information in the database if the information is received from an agency that does not employ or has not employed the subject of the information (Sec. 1-9).

• Specifies that if an agency fails to report the information, the agency is subject to a fine (Sec. 1-9).

• Specifies that a peace officer who is included in the searchable database can appeal the officer's inclusion in the database (Sec. 1-9).

• Specifies that when a peace officer is added to the database, the P.O.S.T. board shall provide the peace officer with information about how to appeal that action on its website (Sec. 1-9).

• Requires the peace officer's disciplining law enforcement agency to provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database (Sec. 1-9).

• Establishes that if a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records (Sec. 1-9).

• Specifies that if the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena (Sec. 1-9).

• Authorize the P.O.S.T. board to remove entries from the database that are in error (Sec. 1-9).

• Authorizes P.O.S.T. board the discretion to permanently revoke a peace officer's certification and record that information in the database if the officer is found civilly liable for the use of unlawful physical force or is found civilly liable for failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person (Sec. 1-9).

• Specifies that if a law enforcement agency is investigating a peace officer for an incident that could result in a database report, the law enforcement agency shall inform the peace officer of the agency's duty to report that information and the consequences of the reporting (Sec. 1-9).

• prohibits a law enforcement agency from agreeing to a settlement with a peace officer that includes the agency agreeing not to report the information to the database (Sec. ).

• requires a law enforcement agency to provide a peace officer's personnel records when they receive a waiver for the records to another law enforcement agency that is considering employing the peace officer (Sec. 1-9).

• Specifies that a law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the records shall report that fact to the P.O.S.T. board. The P.O.S.T. board may contact the agency, and if the agency does not provide the disclosure within 6 calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for one year, and the agency may be subject to fines (Sec. 1-9).

• Authorizes an individual to maintain their P.O.S.T. certification if they are not working as a peace officer but are working for a law enforcement agency in a non-peace-officer role and they maintain the annual P.O.S.T. board training requirements (Sec. 1-9).

• Specifies that the provisions of this bill declare an emergency and shall take effect immediately upon passage and approval by the Governor (Sec. 10).

Full Bill Text